Health Affairs

Health Affairs, doi: 10.1377/hlthaff.28.5.w761 (Published online July 16, 2009) © 2009 by Project HOPE	New Online   Getting Health Reform Done   After the State of the Union   Incremental Reform   E-Health in Developing World   Most-Read Articles in 2009

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Health Care Reform Requires Law Reform

Timothy S. Jost ^1*

¹ Timothy Jost is the Robert Willett Professor at the Washington and Lee University School of Law in Lexington, Virginia.

^*Corresponding author.

Abstract

Health care financing and delivery reform seems to be under way. Reform will in all likelihood originate with Congress but may also come from the states or even the private sector. Federal law, however, limits states' options for reform, while state law constrains federal reform, and both state and federal law impede private innovation. Congressional action could facilitate state reform. Alternatively, federal preemption of state law may be necessary for federal reform. If neither Congress nor the states act, action by federal agencies could support private innovation. In any event, law reform is a necessary condition for health reform. [Health Affairs 28, no. 5 (2009): w761-w769 (published online 16 July 2009; 10.1377/hlthaff.28.5.w761)]

Key Words: Business Of Health, Consumer Issues, Health Reform, Legal/Regulatory Issues

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