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User: DucksUnderwater

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  1. Re:The Flip Side on Federal Deadline Hobbling eHealth IT Rollout · · Score: 1

    It's probably not much different. From cursory research, it looks like HIPAA has been challenged before and upheld under the Commerce Clause. This may survive a challenge as well, but tying it to federal funding avoids the inevitable litigation over constitutionality.

  2. Re:The Flip Side on Federal Deadline Hobbling eHealth IT Rollout · · Score: 1

    Congress doesn't have the Constitutional authority to directly require this of local hospitals and physicians, so they have to use the end-around of tying it to federal funding. In most cases, this limitation on Congress is probably a good thing.