After the Deluge: Health Reform Without an Individual Mandate

2 Pages Posted: 21 Jun 2011 Last revised: 4 Jul 2011

See all articles by Austin Frakt

Austin Frakt

Government of the United States of America - Department of Veterans Affairs (VA); Boston University - School of Medicine; Boston University - School of Public Health

Kevin Outterson

Boston University School of Law

Abstract

Two federal judges now tell us that the federal health law's individual mandate is unconstitutional. Three others disagree, and soon we will start to hear from appellate courts. But what if we put the legal arguments aside for the moment and focus on the real question: what happens to health reform if the individual mandate is ultimately struck down?

Keywords: Affordable Health Care Act, Medicare, individual state mandate, free-riding on the insurance market

JEL Classification: I11, I18, I19, K32

Suggested Citation

Frakt, Austin and Outterson, Kevin, After the Deluge: Health Reform Without an Individual Mandate. Kaiser Health News, February 2011, Boston Univ. School of Law, Public Law Research Paper No.p 11-20, Available at SSRN: https://ssrn.com/abstract=1838542

Austin Frakt

Government of the United States of America - Department of Veterans Affairs (VA)

150 S. Huntington Ave (152H)
Boston, MA 02130
United States

Boston University - School of Medicine ( email )

771 Albany St
Boston, MA 02118
United States

Boston University - School of Public Health ( email )

150 S. Huntington Ave (152H)
Boston, MA 02130
United States

Kevin Outterson (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

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