Understanding the ACA Arguments

Frank Cross crossf at mail.utexas.edu
Wed Mar 21 12:11:11 PDT 2012


Actually, Rick, to take care of the free rider problem you would have 
to declare that someone without health insurance will not receive 
medical care.  Which is a plausible position but clearly one our 
society is unwilling to adopt.

At 01:52 PM 3/21/2012, Rick Duncan wrote:
>You do not need an individual mandate to deal with the free rider problem.
>
>You could provide that anyone who does not sign on to Obamacare by a 
>date certain will not be eligible for protection against 
>pre-existing conditions if he tries to sign up later on down the road.
>
>This regulates actual health insurance activity, rather than 
>regulating non-action in the present based upon the prediction of 
>action in the future. Also, Congress could provide that hospitals 
>are not required to provide free care to anyone who is not in the system.
>
>
>Prof. Rick Duncan (Nebraska Law)
>
>See my recent paper on The Tea Party, federalism, and liberty at:
>    <http://ssrn.com/abstract=1984699>http://ssrn.com/abstract=1984699
>
>
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Frank B. Cross
Herbert D. Kelleher Centennial Professor of Business Law
McCombs School of Business
University of Texas
CBA 5.202 (B6500)
Austin, TX 78712-0212
512.471.5250  
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