As the regulatory landscape of American health care undergoes a transformation, private law is poised to play an increasingly central role in the health care system. Public law — the work of legislatures and administrative agencies — has long governed health care access, quality, and accountability in the United States. But recent deregulatory moves by the Trump administration have diminished its reach. Even if a future administration seeks to restore regulatory capacity, structural and political constraints will limit how quickly and thoroughly these changes can be reversed …
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Christopher Robertson and Wendy N Epstein, The Resurgence of Private Law in American Health Care, New England Journal of Medicine. DOI: 10.1056/NEJMp2504064. Published 9 August 2025.
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