Author Archives: Nicholas Bagley

Arbitration can obscure safety problems in nursing homes

by Nicholas Bagley — Monday, July 24, 2017

This is the third post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. As I explored in my last post, the research suggests that malpractice law doesn’t much improve the quality of care in nursing homes. If that’s […]

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The research on malpractice and nursing homes

by Nicholas Bagley — Tuesday, July 11, 2017

This is the second post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. By penalizing injury-causing negligence, tort law is supposed to deter negligent conduct. That’s one of the reasons (but not the only one) that CMS […]

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Nursing homes, mandatory arbitration, and administrative law

by Nicholas Bagley — Wednesday, July 5, 2017

Emboldened by a string of aggressive Supreme Court decisions, businesses are increasingly turning to arbitration to shield themselves from civil litigation. Odds are, for example, that you’ve signed away your right to sue your cell phone carrier and cable company. Not that you noticed. You just clicked “yes” when asked if you’d read pages of […]

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The Republicans’ Uncertainty Strategy

by Nicholas Bagley — Thursday, June 29, 2017

Together with Craig Garthwaite, a professor at Northwestern, I’ve got an op-ed in the New York Times on the consequences of the Republicans’ strategy to sabotage the Affordable Care Act. The health care industry consists of a dense network of public-private partnerships. Even programs widely viewed as “government” insurance, like Medicare and Medicaid, depend on […]

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Can you smell the freedom?

by Nicholas Bagley — Wednesday, June 28, 2017

The central theme of the Republican campaign to repeal the Affordable Care Act has been freedom: freedom from Obamacare’s onerous regulations, freedom from overpriced insurance and most of all, freedom from the tyrannical individual mandate. The Senate has now released its long-awaited alternative to Obama-era health reform. Although the Better Care Reconciliation Act is embattled, there’s still a decent […]

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From Big Waiver to Waiver Unlimited

by Nicholas Bagley — Monday, June 26, 2017

The Senate has now released the Better Care Reconciliation Act of 2017, its answer to the House’s American Health Care Act. The bill is wildly unpopular and has already come under fire from Senate Republicans, either for being too mean or not mean enough. But some version of the BCRA may still get 50 votes […]

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Moral conviction and the contraception exemptions

by Nicholas Bagley — Monday, June 5, 2017

The Trump administration’s draft contraception rule would not only allow employers to drop contraception coverage for religious reasons. It would also allow employers who have moral objections to do the same. That gives rise to a puzzle. The lawsuits over the contraception mandate have focused on the Religious Freedom Restoration Act (RFRA), which requires the […]

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The new contraception rule is procedurally flawed

by Nicholas Bagley — Thursday, June 1, 2017

Yesterday, Dylan Scott and Sarah Kliff at Vox got their hands on a leaked version of a draft rule from HHS that, if adopted, would make it much easier for employers to drop contraception coverage for their employees. The rule is under review at the Office of Management and Budget; it could be approved any […]

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Taking the Nuclear Option Off the Table

by Nicholas Bagley — Monday, May 22, 2017

Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in […]

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The Michigan Morsel

by Nicholas Bagley — Thursday, May 4, 2017

To corral some last-minute votes, the House leadership has endorsed the Upton amendment to the American Health Care Act. The legislative text was released late yesterday, giving members no time to understand what it does before they vote on it today. That’s a shame: the amendment works at cross-purposes with other parts of the AHCA, […]

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