Liberty, Justice, and Insurance for All: Re-Imagining the Employment-Based Health Insurance System

This Note examines the history of employment-based health insurance and the inherent historical limitations that have led to an erosion of health insurance coverage. Based on a review of several studies, this Note argues that the number of uninsured Americans has reached crisis proportions. State reform efforts, legislative proposals, and other proposed solutions have failed to repair the system. Nonetheless, this Note argues that employment-based health care is integral to the structure of national health care. Furthermore, health insurance coverage can be increased by combining employment-based health care with three reforms: large employer mandates, refundable tax credits, and purchasing pools. This Note concludes that, despite its flaws, the employment-based health care system can serve as a foundation on which to make effective changes and increase levels of health insurance coverage.