Monahan, Christine H, Safeguarding State Interests in Health Insurance Exchange Establishment (July 31, 2014). Connecticut Insurance Law Journal, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2500325

“This Article documents that, contrary to popular narratives, states were given and took advantage of numerous opportunities to weigh in on health insurance exchange implementation under the Affordable Care Act. This engagement was driven by frequent informal consultation with federal officials, although states were also regular participants in regular notice-and-comment rulemaking. This Article argues that states should continue to play a prominent role in federal policymaking on exchanges, but, moving forward, this role should be more formalized to safeguard both states’ interest in being heard and the public’s interest in transparent and accountable government.”