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Full-Text Articles in Law
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
Faculty Publications
Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Faculty Publications
This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …