Journal of Law & Health Symposium: A Shot Across the Bow - The Breaking Point of American Health Insurance
Health insurance in the United States is facing mounting strain from rising costs, administrative complexity, coverage disputes, and growing dissatisfaction among patients, providers, and insurers. Legal rules governing public and private insurance programs—ranging from ERISA and the Affordable Care Act to Medicare and Medicaid regulation—play a central role in shaping how coverage is delivered, how claims are processed, and what remedies are available when disputes arise. This symposium brings together leading scholars to examine the legal architecture of the American health insurance system and to explore how administrative law, regulatory oversight, and institutional design affect accountability, access to care, and the future stability of the health insurance market.
Agenda
9:00–9:10 AM: Opening Remarks
Holly Lloyd - Editor-in-Chief, Journal of Law & Health, CSU College of Law
Charles Volz – Senior Editor, Journal of Law & Health, CSU College of Law
Abigail R. Moncrieff – Associate Professor of Law and Political Science, and Co-Director, Center for Health Law and Policy, CSU College of Law
9:10–10:10 AM: Panel Discussion – The Future of Health Insurance and the Role of the Administrative State
This panel will examine how administrative law and regulatory institutions shape the operation and accountability of the American health insurance system. As public programs such as Medicare and Medicaid increasingly rely on private insurers and complex regulatory frameworks, questions of oversight, enforcement, and beneficiary protection have become more pressing. Panelists will explore issues including the legal structure of public–private insurance arrangements, regulatory authority over insurer practices, litigation and remedies in coverage disputes, and the broader implications of administrative governance for access to care. Drawing on recent scholarship and current policy debates, the discussion will consider how legal institutions can respond to the growing pressures facing the health insurance system and what reforms may be necessary to ensure transparency, fairness, and effective regulation.
Mark Hall - Fred D. and Elizabeth L. Turnage Professor of Law and Founding Director of Health Law and Policy Program, Wake Forest School of Law
Joan H. Krause, Dan K. Moore Distinguished Professor of Law, University of North Carolina School of Law
10:15-11:15 AM: Keynote Address: Matthew B. Lawrence, J.D. - Associate Dean of Faculty and Professor of Law, Emory University School of Law
Lawrence will discuss his research in health law and administrative law, which primarily focuses on the governance of public health insurance programs and the role of private actors in administering public benefits. His scholarship examines how programs such as Medicare and Medicaid rely on complex public-private arrangements and explores the legal frameworks—particularly administrative law and fiduciary principles—that should structure and constrain those relationships. His work addresses issues such as privatization in public benefits programs, accountability in health insurance administration, and the broader implications for the modern administrative state.
11:20 AM–12:20 PM: Panel Discussion – The Future of Health Insurance and the Role of the Administrative State
This panel will continue the discussion from the morning panel, with two additional papers and perspectives from two other distinguished presenters.
Sharona Hoffman, Professor of Law & Bioethics and Co-Director Law Medicine Center, Case Western Reserve University School of Law
Elenore Wade, Associate Professor of Law, Rutgers Law School