State Law Health Care Initiatives

Authors

Susan J. Stabile, St. John's University School of Law

First Page

87

Document Type

Article

Abstract

The failure of the federal government to enact comprehensive health care reform has led to efforts by states to regulate both access to and quality of care. However, the ability of states to contribute solutions to the health care crisis has been limited by ERISA's broad preemption of state law. Thus, the federal government has arguably created the worst of all possible worlds-lack of a comprehensive federal approach while hampering the ability of the states to attempt to enact meaningful reform. In many areas of the law, states have been looked to as laboratories for innovative public policy. States have been able to step in and fashion different solutions to address various social problems. This article argues states should be given more leeway to perform this function in the area of health care. It primarily assesses state law initiatives to address access to health care, although it also gives some consideration to state efforts to address quality of care. The article concludes that states should be permitted to expand their efforts in light of both the inadequacy of the federal response to the health care crisis, and the ability of states to experiment with innovative solutions to a major public policy issue. Let me be clear at the outset that I am not arguing that states alone are capable of providing quality health care coverage for all Americans. There is no question there is an important role for the federal government here. Rather, I am saying that states can make an important and essential contribution to improving access to, and quality of, health care.

Recommended Citation

Susan J. Stabile, State Law Health Care Initiatives, 19 St. Thomas L. Rev. 87 (2006).
Available at: https://scholarship.stu.edu/stlr/vol19/iss1/5