The Unaffordable Health Act - A Response to Professors Bagley and Horwitz

12 Pages Posted: 4 Aug 2011 Last revised: 14 Oct 2011

See all articles by Douglas A. Kahn

Douglas A. Kahn

University of Michigan Law School

Jeffrey H. Kahn

Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program

Date Written: August 1, 2011

Abstract

The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not likely to have been a significant factor in the congressional decision to adopt the Act. In a recently published article, Professors Nicholas Bagley and Jill Horwitz responded to our article. In addition to addressing the free-rider issue, they also made a number of points in defense of the Act. In this reply, while we concentrate on responding to those items that were discussed in our prior article, we also deal with some of their other points. In addition, we raise the question of whether the cost of the Act outweighs its benefits, and whether that is especially pertinent in light of the country's current fiscal problems.

Keywords: Individual Mandate, Mandate, Healthcare, Obamacare, Free Rider, Health Reform, Health Insurance

JEL Classification: I00, I10, I11, I18

Suggested Citation

Kahn, Douglas A. and Kahn, Jeffrey H., The Unaffordable Health Act - A Response to Professors Bagley and Horwitz (August 1, 2011). Michigan Law Review First Impressions, 2011, FSU College of Law, Public Law Research Paper No. 549, U of Michigan Public Law Working Paper No. 245, U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 214, Available at SSRN: https://ssrn.com/abstract=1900964

Douglas A. Kahn (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-647-4043 (Phone)

Jeffrey H. Kahn

Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850.644.7474 (Phone)

HOME PAGE: http://www.law.fsu.edu/faculty/jkahn.html

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