Kansas Journal of Law and Public Policy
healthcare regulation, Affordable Care Act (ACA), Medicaid
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.
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.