The war on coal is over: assessing Obama-era regulations and the Trump Administration’s efforts to date

Abstract

For nearly a decade, Republicans accused Democrats and the Obama Administration of waging a “war on coal” and Democrats has cited economics as the primary cause of the industry’s troubles. Now that President Trump has declared the war on coal to be over, it is time to examine the regulations promulgated during the Obama Administration and their impact on the industry. This article will discuss the coal industry prior to, during, and after the Obama Administration with particular attention to Obama-era regulations that impacted the industry and President Trump’s efforts to repeal and replace the same.     

Special report on liability and insurance. An update on assignment of patient benefits under ERISA

While the holdings in Davidowitz and Arkansas Blue Cross & Blue Shield arose in different contexts, they both reflect the courts' increasing willingness to consider the importance of cost containment in the health insurance arena, even though patient accessibility to health care may be restricted as a result. If the holding in Davidowitz is not successfully appealed, providers may need legislative relief in order to retain their ability to take valid assignments of patient claims for payment from ERISA plans. It is uncertain whether such legislation can be sought at the state level or must instead come from Congress due to ERISA preemption of state legislation. Clearly, the district court decision on remand in Arkansas Blue Cross & Blue Shield will be closely watched for any light it may shed on this question. On a pragmatic note, providers who have not entered into "participation" agreements with insurers or other private payors may now have a greater incentive to do so, and "nonparticipating" providers who continue to obtain assignments from patients in order to collect directly from insurers or other private payors should determine on a case-by-case basis whether the source of the patient's benefits is a group health plan--which is likely to fall under ERISA and may contain nonassignment provisions--or some other form of coverage. For an additional perspective on insurers' responses to copayment waivers, see Newsletter, Vol. 6, No. 10, October 1991, at 7.     

Special report on reimbursement. HCFA enacts new enforcement remedies covering nursing facilities

While the regulations are revolutionary in their use of "substantial compliance," the interpretation and application of HCFA's new remedial scheme are still uncertain, as states are given broad discretion in defining important terms and in applying and interpreting the criteria to select remedies. Further complicating the issue is the fact that some states, including California, intend to seek waivers from HCFA to substitute their own state enforcement systems for most, if not all, of the new federal system. Based upon these uncertainties, the enforcement of nursing facility standards will likely be in a state of flux for some time to come.     

Publishing while editor: Transparency and behaviour in public administration journals

Journal editors serve as gatekeepers of knowledge, a role critical to preserving the quality and standards of good research. Some scholars have questioned whether editors have taken advantage of their position to publish their own work. To understand the extent to which editors of public administration journals self-publish, we examined publishing patterns over a 20-year period. We collected the names of editors from the mastheads of 13 generalist public administration journals from 1997 to 2016 and used data indexed from Web of Science to look at articles published in those journals during the same time. We found that while self-publishing behaviour is not common across the entire field, it is a trend for certain journals and individuals. We also found the practice of self-publishing is influenced by whether an individual served in a primary editorial role (e.g., editor-in-chief), length of editorial service, and overall scholarly productivity. We discuss appropriateness and ethical implications of the practice.     

HEALTH CARE RATIONING AND COST CONTAINMENT ARE NOT SYNONYMOUS

Much public discussion about health care assumes, explicitly or implicitly, that only by denial of potentially beneficial care (called "rationing") can cost containment be achieved. This piece critically examines the various current usages of "rationing," and argues that it is being misapplied. Fur- ther, the call for rationing may be deflecting us from fruitful exploration of non-rationing alternatives to cost control. Two of these are briefly sketched as examples: physician fee controls and practice guidelines.     

The behavioural consequences of institutional rules: republicans in the US house

The Republicans gained a majority in the US House from the 1994 elections, and upon taking office they rewrote the rules that determine legislative power relations. This paper combines a 1996 attitudinal survey of US Representatives with demographic information, status within the House, and party position to examine the impact of the 1995 rule changes on satisfaction, ambition, and retirement. This paper demonstrates that member reactions to reform are explained jointly by their partisanship and their relative position within their party. Senior members of any party dislike rules making power more exclusive, and dissatisfaction increases the likelihood of retirement.