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Health Law and Policy

1986

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Aids—The Legal Implications, Frances Means Oct 1986

Aids—The Legal Implications, Frances Means

University of Arkansas at Little Rock Law Review

No abstract provided.


Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke Oct 1986

Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke

University of Michigan Journal of Law Reform

Part I provides a background discussion of the PPS, DRGs, and incentive plans. Part II focuses on the fraud and abuse provisions of the Medicare statute and argues that incentive plans violate the plain language · of the statute, which prohibits any knowing and willful remuneration for the inducement of referrals. Part III concentrates on the fraudulent and abusive practices that incentive plans encourage. The plans frustrate legislative intent because they encourage practices that subvert the cost-containment purposes of the PPS and have an adverse effect on patient care.


Informational Regulation Of Consumer Health Risks: An Empirical Evaluation Of Hazard Warnings, W. Kip Viscusi, Wesley A. Magat, Joel Huber Oct 1986

Informational Regulation Of Consumer Health Risks: An Empirical Evaluation Of Hazard Warnings, W. Kip Viscusi, Wesley A. Magat, Joel Huber

Vanderbilt Law School Faculty Publications

On the basis of data from a survey of almost 400 consumers, this article assesses whether consumer behavior is responsive to information about product hazards that is provided in response to regulation. We find that the extent to which consumers take precautions is consistent with the level of risk indicated, the amount of risk information, the specific risk and precaution indicated, and the economic benefits of safety precautions. We also use the patterns of precautionary behavior to analyze the implicit value of the morbidity effects and to assess the consistency of consumer choices. Our findings support the use of product-hazard …


Joint Interim Hearing On Proposition 64: The Aids Initiative On The November 4, 1986 Ballot. Part Ii: Written Testimony, Senate Committee On Health And Human Services, Assembly Committee On Elections And Reapportionment Sep 1986

Joint Interim Hearing On Proposition 64: The Aids Initiative On The November 4, 1986 Ballot. Part Ii: Written Testimony, Senate Committee On Health And Human Services, Assembly Committee On Elections And Reapportionment

California Joint Committees

No abstract provided.


Interim Hearing On Proposition 64 The Aids Initiative On The November 4, 1986 Ballot, Senate Committee On Health And Human Services, Assembly Committee On Elections And Reapportionment Sep 1986

Interim Hearing On Proposition 64 The Aids Initiative On The November 4, 1986 Ballot, Senate Committee On Health And Human Services, Assembly Committee On Elections And Reapportionment

California Joint Committees

No abstract provided.


Proposition 64: The Aids Initiative In California, Senate Office Of Research Sep 1986

Proposition 64: The Aids Initiative In California, Senate Office Of Research

California Senate

The Prevent AIDS Now Initiative Committee (PANIC), working closely with Lyndon LaRouche's national organization, has placed on the November ballot a short, seemingly simple initiative measure whose stated purpose is to protect people with Acquired Immune Deficiency Syndrome (AIDS) and protect the public health. Although no one could criticize such a purpose, PANIC's initiative uses ambiguous, unclear language that can be interpreted in strikingly different ways, with widely varying effects on public health AIDS prevention efforts.

If the Initiative is approved by the voters, we can expect intense and lengthy litigation over the many legal questions raised by its confusing …


Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas Sep 1986

Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas

Faculty Scholarship

The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …


Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich Sep 1986

Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich

Faculty Articles

No abstract provided.


Update - July 1986, Loma Linda University Center For Christian Bioethics Jul 1986

Update - July 1986, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Baby Jessie and Beyond
-- Newsbriefs
-- The Bouvia Decision: Right But Inadequate
-- LLU plans conference on ethics and transplantation

[ Apartheid and Morality Today ]
-- Growing Up White in South Africa
-- In Favor of Constructive Engagement
-- Divestment: Realistic Moral Opposition to Apartheid

-- What should treatment committees consider?
-- Religion and Politics on Sabbath (Editorial)
-- George Otto Schumacher, MD (1913-1986)
-- Thomas Gordon Goman, PhD (1944-1986)


Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter Jul 1986

Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter

Indiana Law Journal

No abstract provided.


The Painful Prescription: A Procrustean Perspective?, Frances H. Miller, Graham A.H. Miller May 1986

The Painful Prescription: A Procrustean Perspective?, Frances H. Miller, Graham A.H. Miller

Faculty Scholarship

The United States and Great Britain have often been called two countries divided by a common language. In the field of medicine, common language facilitates comparisons, but it can obscure basic value differences as well. Henry Aaron, Ph.D., and William Schwartz, M.D., in their influential book The Painful Prescription: Rationing Hospital Care,1 analyzed how and why Britain (as compared with the United States) has apparently limited the use of such high-technology procedures as kidney dialysis, CT scans, coronary-artery surgery, x-ray films, and intensive care beds. The authors then speculated about whether similar responses will be forthcoming in this …


The Medicare Prospective Payment System: Its Impact On The Quality Of Health Care Received By The Elderly, Marcy Cohen Apr 1986

The Medicare Prospective Payment System: Its Impact On The Quality Of Health Care Received By The Elderly, Marcy Cohen

In the Public Interest

No abstract provided.


Governmental Regulation Of Medical Decision-Making: All In The Name Of Baby Doe, Joann Harri Apr 1986

Governmental Regulation Of Medical Decision-Making: All In The Name Of Baby Doe, Joann Harri

In the Public Interest

No abstract provided.


Aids: A Plague Upon Your Civil Liberties, Lisa Mcdougall Apr 1986

Aids: A Plague Upon Your Civil Liberties, Lisa Mcdougall

In the Public Interest

No abstract provided.


The Medicare Rx: Prospective Pricing To Effect Cost Containment, H. Lynda Kugel Apr 1986

The Medicare Rx: Prospective Pricing To Effect Cost Containment, H. Lynda Kugel

University of Michigan Journal of Law Reform

This Note analyzes the impact of changing hospital reimbursement while maintaining charge-based reimbursement for physicians on hospital-physician relationships and on cost and quality of care. This Note contends that if the stated goals of redirecting incentives and containing costs are to be realized, physicians must be drawn into the revised reimbursement scheme. An indirect, aggregate approach is advocated to maintain the integrity of the physician-patient relationship and to avoid a direct financial impact upon the physician regarding patient care decisions. Part I will briefly examine the reasons for changing hospital reimbursement from retrospective cost-based reimbursement to prospective fixed rates. Part …


Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr. Apr 1986

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain Apr 1986

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Legal Rights And Issues Surrounding Conception, Pregnancy, And Birth, Hutton Brown, Miriam Dent, L. Mark Dyer, Cherie Fuzzell, Anita Gifford, Sam Griffin, A. G. Kasselberg M.D., Jayne Workman, Melinda Cooper Apr 1986

Legal Rights And Issues Surrounding Conception, Pregnancy, And Birth, Hutton Brown, Miriam Dent, L. Mark Dyer, Cherie Fuzzell, Anita Gifford, Sam Griffin, A. G. Kasselberg M.D., Jayne Workman, Melinda Cooper

Vanderbilt Law Review

Advances in medicine are reported almost daily in the media. Medical researchers have developed and are continuing to develop new methods of creating, saving, and prolonging life. This Special Project examines the impact that rapidly advancing medical technology has on the law governing conception, pregnancy, and birth.

Although medical techniques have advanced rapidly during the past decades, state and federal legislatures have responded in-adequately to the legal consequences of these new birth technologies. The resulting lag between technology and the law has forced courts to confront new situations that do not fit neatly into the statutory framework created to deal …


Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry Apr 1986

Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry

Vanderbilt Law Review

Replete with analogies drawn to war crimes and expressed fears that the progress of medical science would be halted, the debate over the ethics of human experimentation is nothing if not complex. Nevertheless, in 1978 The Belmont Report was at least able to identify certain generalized ethical principles to guide researchers: "respect for persons," "beneficence," and "justice."' These ethical principles, however, are based ultimately on our perceptions of humanity and personality. Applying these principles to research on fetuses or embryos is fraught with difficulty. Neither of our pluralistic societies has resolved the "separate" debate regarding the appropriate status afforded pre-viable …


The Legal Status Of The Embryo, Lori B. Andrews Feb 1986

The Legal Status Of The Embryo, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Rationing Health Care: The Ethics Of Medical Gatekeeping, Edmund D. Pellegrino Jan 1986

Rationing Health Care: The Ethics Of Medical Gatekeeping, Edmund D. Pellegrino

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Affirmative Action Awards; Series Ii; File 4, Juanita Hunter Jan 1986

Affirmative Action Awards; Series Ii; File 4, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Awards Luncheon; Series Ii; File 11, Juanita Hunter Jan 1986

Awards Luncheon; Series Ii; File 11, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Attendance; Minority Caucus; Series Ii; File 10, Juanita Hunter Jan 1986

Attendance; Minority Caucus; Series Ii; File 10, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Board Committee On Appts.; Series Ii; File 16, Juanita Hunter Jan 1986

Board Committee On Appts.; Series Ii; File 16, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Board Meetings; Series Ii; File 13, Juanita Hunter Jan 1986

Board Meetings; Series Ii; File 13, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Advisory Meeting Council; Series Ii; File 3, Juanita Hunter Jan 1986

Advisory Meeting Council; Series Ii; File 3, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Comparison (Nurse Pract. Legislation); Series Ii; File 31, Juanita Hunter Jan 1986

Comparison (Nurse Pract. Legislation); Series Ii; File 31, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Correspondence Sent; Series Ii; File 29, Juanita Hunter Jan 1986

Correspondence Sent; Series Ii; File 29, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.


Board Of Directors; Series Ii; File 14, Juanita Hunter Jan 1986

Board Of Directors; Series Ii; File 14, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.