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The Positive Case for Centralization in Health Care Regulation: The Federalism Failures of the ACA

    Research output: Contribution to journal › Article › peer-review

    Abstract

    Although the ACA accomplishes significantly greater centralization of authority for healthcare regulation, it falls far short of the full centralization that seems functionally justified. There is no doubt that the states have played an important role in healthcare regulation throughout the nation's history, but that role is becoming increasingly irrelevant as healthcare regulation becomes increasingly technocratic—i.e., increasingly objectivist and data-driven. The ACA is a step in the right direction, but the U.S. should further centralize authority over healthcare.

    Original languageAmerican English
    JournalKansas Journal of Law and Public Policy
    Volume20
    StatePublished - Apr 1 2011

    Keywords

    • healthcare regulation
    • Affordable Care Act (ACA)
    • Medicaid

    Disciplines

    • Constitutional Law
    • Health Law and Policy
    • Law
    • State and Local Government Law

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