Instead of doubling down on the "metabolic eating disorder" triggered by public policies that have encouraged overconsumption of conventional, highly subsidized health insurance -- or resorting to tighter price controls and public-utility-style regulation of politically mandated coverage, we should consider some better remedial medicine - a stronger dose of market competition.
n1 Barak D. Richman, Concentration in Health Care Markets: Chronic Problems and Better Solutions (Washington, DC: American Enterprise Institute, June 2012), 4-7.
n2 Clark C. Havighurst and Barak D. Richman, "Distributive Injustice(s) in American Health Care," Law & Contemp. Probs, Autumn 2006.
n3 Katherine Baicker and Helen Levy, "Coordination versus Competition in Health Care Reform," New England Journal of Medicine 369 (9): 789-791.
n5 Scott E. Harrington, "Medical Loss Ratio Regulation under the Affordable Care Act," Inquiry 50: 9-26; Scott E. Harrington. Regime Change for Health Insurance Regulation: Rethinking Rate Review, Medical Loss Ratios, and Informed Competition (Washington, DC: American Enterprise Institute, December 2010).
n6 See, for example, Henry J. Aaron and Kevin W. Lucia, "Only the Beginning - What's Next at the Health Insurance Exchanges?" New England Journal of Medicine (online first, September 4, 2013), www.nejm.org/doi/full/10.1056/NEJMp1308032?query=TOC.
n7 See Sheryl G. Stolberg, "Reaping Profit After Assisting on Health Law," New York Times, September 18, 2013, A1.
n8 "Symbiosis," Wikipedia, en.wikipedia.org/wiki/Symbiosis.
n9 See Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975).
n10 See Richman, 2012. at 11-13.
n11 See, for example, Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961); United Mine Workers v. Pennington, 381 U.S. 657 (1965); and California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508 (1972).
n12 Federal Trade Commission v. Phoebe Putney Health System, Inc. et al., 568 US __ (2013), www.supremecourt.gov/opinions/12pdf/11-1160_1824.pdf March
n13 Richman, 2012, at 15-16, 18; Aaditya Mattoo and Randeep Rathindran, "How Health Insurance Inhibits Trade in Health Care," Health Affairs 25(2): 358-368.
n14 Office of Attorney General Martha Coakley. Examination of Health Care Cost Trends and Cost Drivers (Boston, MA: June 22, 2011).
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