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

Authors

Abigail R. Moncrieff, Cleveland State University College of LawFollow
Eric Lee

Document Type

Article

Publication Date

Spring 2011

Publication Title

Kansas Journal of Law and Public Policy

Keywords

healthcare regulation, Affordable Care Act (ACA), Medicaid

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.

Repository Citation

Moncrieff, Abigail R. and Lee, Eric, "The Positive Case for Centralization in Health Care Regulation: The Federalism Failures of the ACA" (2011). Law Faculty Articles and Essays. 1268.
https://engagedscholarship.csuohio.edu/fac_articles/1268

Volume

20

Issue

2