Federalism and Health Care Policy
Robert F. Rich & William D. White   |   1998 U. Ill. L. Rev.

In this paper, presented at the December 6, 1997, symposium addressing Richard Epstein's Mortal Peril at the University of Illinois College of Law, Professors Rich and White examine Epstein's theories regarding the merit of reduced government and increased market confidence by exploring the emerging role of the states in health care policy. Rich and White begin by discussing federalism and its changing forms since the Republican Revolution of 1994. They then consider state involvement and action in health policy since the mid 1980s. Using these two bases, the authors look to the future, arguing that although government downsizing in the manner occurring since the 1994 election may effectively reduce government, it will not do so without consequence. Rich and White conclude with an examination of the impact of the post 1994 federalism on Epstein's theories of government and health care policy.

* Professor of Law and Political Science, University of Illinois and Professor in the Institute of Government and Public Affairs, University of Illinois.

** Professor and Chair, Department of Health Administration, College of Medicine, Yale University.