This conference marked the 50th Anniversary of the passage of Medicare and Medicaid. This important anniversary, coinciding with health reform implementation, was an ideal time to reflect, from a legal perspective, on what these major statutes tell us about law, politics, and the legal and structural challenges both in the past and before us. The conference brought together leading health law and policy scholars as well as policymakers who have played an instrumental role in designing and implementing these landmark statutes.
Medicare and Medicaid Conference Publications
The Yale Journal of Health Policy, Law, and Ethics (YJHPLE) is a student led journal that produces two issues each academic year. One issue of the journal was a symposium based on the Center’s 2014 conference, The Law of Medicare and Medicaid at Fifty. Click to read the issue.
Health Affairs, a sponsor of the Medicaid and Medicare at 50 conference, published a series of blog posts following the event. Those posts are listed to the right.
- Daniel Kelves: Medicare, Medicaid, and Pharmaceuticals: The Price of Innovation
- Heather Howard and Galen Benshoof: Section 1332 Waivers and the Future of State Health Reform
- Theodor Marmor and Kip Sullivan: Two Theologies Have Blocked Medicare-for-all
- Michael Ulrich: Challenges for People with Disabilities within the Health Care Safety Net
Thursday, November 6, 2014
Registration: Room 129
Conference Location: Room 127
4:00pm
Conference Opens, Welcome
4:10–5:25
Medicare, Then and Now
Moderator: Jerry Mashaw, Yale Law School
Theodore Marmor, Yale University School of Management; and
Kip Sullivan, Member, Minnesota Chapter of Physicians for a National Health Program
Medicare, Then, Now, and as We Look Ahead
James Morone, Brown University
Why Medicare? From Social Insurance to Neo Liberalism in American Health Care Policy
Thomas (Tim) Greaney, Saint Louis University School of Law
Medicare Advantage, ACOs, and Payment Reform: Collision or Synchronization?
David Hyman, University of Illinois College of Law
Medicare, Medicaid, Enron & AIG: Birds of A Feather?
5:30–6:45
Medicaid, Then and Now
Moderator: Aaron Kesselheim, Harvard School of Public Health, Harvard Medical School
Sara Rosenbaum, George Washington University Milken Institute School of Public Health
Clash of the Titans: Aligning Medicaid with the Individual Insurance Market
Nicole Huberfeld, University of Kentucky College of Law
The Universality of Medicaid
Amanda Kowalski, Yale University, Department of Economics
Medicaid as an Investment in Children: What is the Long-Term Impact on Tax Receipts?
John Jacobi, Seton Hall University School of Law
Multiple Medicaid Missions: Targeting, Universalism, or Both?
Friday, November 7, 2014
Registration & Breakfast Location: Room 122
Conference Location: Auditorium
8:00am
Breakfast
8:45–10:30
Historical Context, Legislation, Administration
Moderator: Michael Graetz, Columbia and Yale Law Schools
Jacob Hacker, Yale University, Department of Political Science
From Servant to Master? Medicare, Cost Control, and the Future of American Health Care
Timothy Jost, Washington and Lee University School of Law
Medicaid’s Original Sin
Eleanor Kinney, Indiana University Robert H. McKinney School of Law
The Accidental Administrative Law of the Medicare Program
Abbe Gluck, Yale Law School
50 Years of Health Law as Public Law
Abigail Moncrieff, Boston University School of Law
The State of Medicaid
10:30-10:45
Coffee Break
10:45–12:15pm
Policymaking and Innovation
Moderator: Amy Kapczynski, Yale Law School
Harlan Krumholz, Yale School of Medicine
The Positive Power of Policy on Health Care Quality: Examining Medicare’s
Impact on Heart Attack Care
Alan Weil, Health Affairs
The Different Uses of Evidence to Improve Medicare and Medicaid Policy
Daniel Kevles, Yale University, Department of History
Medicare and Drug Development: The Price of Innovation
Rahul Rajkumar, Center for Medicare and Medicaid Innovation, Center for Medicare and Medicaid Services
Payment and Delivery System Reform at CMS
Timothy Westmoreland, Georgetown University Law Center
Federal Money in Medicare and Medicaid: Budgets and Health
12:15–1:45
Lunch
Lunch Keynote: Ezekiel Emanuel, Vice Provost for Global Initiatives and Chair, Medical Ethics and Health Policy, University of Pennsylvania
Medicare: Past, Present and Future Challenges
Introduced by Howard Forman, Yale School of Management and School of Medicine
1:45–3:15
Health Law Federalism, Especially After NFIB
Moderator: Stephen Latham, Yale Interdisciplinary Center for Bioethics
Einer Elhauge, Harvard Law School
Midstream Renegotiations and the Medicaid Expansion Decision
Mark Hall, Wake Forest University School of Law
Are There Any Plausible Reasons for States to Refuse Medicaid Expansion?
Sidney Watson, Saint Lous University School of Law
Waivers, Federalism and Accountability: Congress and the Courts
Heather Howard, Princeton University Woodrow Wilson School of Public and International Affairs
Re-Writing the Rules: The Supreme Court, Section 1332 Waivers, and the Evolving Federal-State Relationship in Medicaid
David Orentlicher, Indiana University Robert H. McKinney School of Law
Medicaid at 50: No Longer Limited to the "Deserving" Poor?
3:15–3:30
Coffee Break
3:30–5:00
Looking Ahead
Moderator: Lee Goldberg, National Academy of Social Insurance
Theodore Ruger, University of Pennsylvania Law School
Weberian and Madisonian Deficits in Medicare and Medicaid
Nicholas Bagley, University of Michigan Law School
Governing Medicare for the Next Fifty Years
Judith Feder, Georgetown University McCourt School of Public Policy
Social Insurance for Long-term Care: The Politics of the Missing Piece
Allison Hoffman, UCLA School of Law
Reimagining the Risk of Long-Term Care
Jonathan Cohn, The New Republic
From Medicare to Obamacare, Steps Forward and Steps Back
5:00pm
Conclusion of the Conference, with Closing Cocktail Reception
(Heavy food to be served for those traveling immediately thereafter)
This conference is supported by the Oscar M. Ruebhausen Fund at Yale Law School
Co-Sponsors:
Keynote Speakers
- Jonathan Cohn
Senior Editor, The New Republic- Ezekiel J Emanuel
University of Pennsylvania, Vice Provost for Global Initiatives and Chair, Medical Ethics and Health Policy
Conference Speakers:
- Nicholas Bagley – University of Michigan Law School
- Einer Elhauge – Harvard Law School
- Judith Feder – Georgetown University McCourt School of Public Policy
- Abbe Gluck – Yale Law School
- Thomas Greaney – Saint Louis University School of Law
- Jacob Hacker – Yale University, Department of Political Science
- Mark Hall – Wake Forest University School of Law
- Allison Hoffman – UCLA School of Law
- Heather Howard – Princeton University Woodrow Wilson School of Public and International Affairs
- Nicole Huberfeld – University of Kentucky College of Law
- David Hyman – University of Illinois College of Law
- John Jacobi – Seton Hall University School of Law
- Timothy Jost – Washington and Lee University School of Law
- Daniel Kevles – Yale University, Department of History
- Eleanor Kinney – Indiana University Robert H. McKinney School of Law
- Amanda Kowalski – Yale University, Department of Economics
- Harlan Krumholz – Yale School of Medicine
- Theodore Marmor – Yale University School of Management
- Abigail Moncrieff – Boston University School of Law
- James Morone – Brown University
- David Orentlicher – Indiana University Robert H. McKinney School of Law
- Rahul Rajkumar – Center for Medicare and Medicaid Innovation, Center for Medicare and Medicaid Services
- Sara Rosenbaum – George Washington University Milken Institute School of Public Health
- Theodore Ruger – University of Pennsylvania Law School
- Kip Sullivan – Member, Minnesota Chapter of Physicians for a National Health Program
- Sideny Watson – Saint Louis University School of Law
- Alan Weil – Health Affairs
- Timothy Westmoreland – Georgetown University Law Center
Other Invited Guests:
- Betsy Bradley – Yale University School of Public Health
- Dean Paul Cleary – Yale University School of Public Health
- Zachary Cooper – Yale University School of Public Health
- Joseph Fins – Weill Cornell Medical College
- Howard Forman – Yale School of Management, Yale School of Medicine
- Lee Goldberg – National Academy of Social Insurance
- Gregg Gonsalves – Yale Law School
- Michael Graetz – Columbia Law School
- Amy Kapczynski – Yale Law School
- Ted Kennedy, Jr. – Epstein Becker & Green, P.C.
- Aaron Kesselheim – Harvard School of Public Health, Harvard Medical School
- Stephen Latham – Yale University Center for Bioethics
- Jerry Mashaw – Yale Law School
- Alice Miller – Yale Law School, Yale School of Public Health
- Jonathan Oberlander – University of North Carolina School of Medicine
- Kevin Outterson – Boston University School of Law
- John Pakutka – The Crescent Group
- Dean Robert Post – Yale Law School
- Joseph Ross – Yale School of Medicine
- Fiona Scott-Morton – Yale School of Management
This conference is supported by the Oscar M. Ruebhausen Fund at Yale Law School