A Different Kind of 'New Federalism'? The Health Insurance Portability And Accountability Act of 1996

Research Report

A Different Kind of 'New Federalism'? The Health Insurance Portability And Accountability Act of 1996

Abstract

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 has been praised and criticized for asserting federal authority to regulate health insurance. The authors review the history of federalism and insurance regulation and find that HIPAA is less of a departure from traditional federal authority than it is an application of existing tools to meet evolving health policy goals.

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