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Articles 121 - 146 of 146
Full-Text Articles in Law
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Seattle University Law Review
To illustrate the controversy surrounding experimental treatment provisions in general, this Comment examines the case law and resulting legislation pertaining to HDC-ABMT as a treatment for breast cancer. Part I presents background information on autologous bone marrow transplants generally, and how the treatment relates specifically to breast cancer patients. Part II presents a survey of current law regarding coverage of HDC-ABMT for breast cancer. Part III explores the merits and limits of judicial and legislative determinations of whether a particular treatment is covered under an insurance policy. Part III then concludes that while judicial and legislative intervention may be appropriate, …
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Seattle University Law Review
To show why the Revised Code of Washington (RCW) 7.70.065, Washington's medical decision-making statute should be rewritten, this Comment discusses: (1) the importance of autonomy and self-determination in medical decision-making; (2) the purpose of proxy medical decision-making statutes; (3) Washington's proxy *574 decision-making statute; and, (4) current family demographics. This Comment concludes by proposing a new medical decision-making statute for Washington.
Assisted Suicide: The State Versus The People, John P. Safranek, Stephen J. Safranek
Assisted Suicide: The State Versus The People, John P. Safranek, Stephen J. Safranek
Seattle University Law Review
This Article will examine the Ninth Circuit's appeal to personal dignity and autonomy to justify a constitutional right of assisted suicide in the face of pluralist opposition, that is, a law duly enacted by a majority of elected representatives in a state or by the people directly. Scrutiny of the Ninth Circuit's decision will reveal the formidable jurisprudential obstacles to basing a right to assisted suicide on dignity and autonomy, obstacles the Supreme Court refused to overcome in revoking Compassion in Dying. This examination is divided into three parts: the first analyzes attempts to justify rights on the principle …
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Seattle University Law Review
This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …
Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen
Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen
Seattle University Law Review
This Comment presents background information concerning genetic information and genetic testing. Section III then argues that privacy and autonomy are significant policy issues in connection with genetic information. As a result, the decision to have genetic testing performed should be an individual's choice, and genetic testing should never be compelled. Section IV argues that the failure to give genetic information special protection in the law has potentially harmful consequences. Section V surveys current efforts to protect genetic privacy, both by the federal government and states other than Washington. Section V also analyzes the current state of medical records privacy protection …
Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd
Seattle University Law Review
Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …
Active Supervision Of Health Care Cooperative Ventures Seeking State Action Antitrust Immunity, Joshua Rosenstein
Active Supervision Of Health Care Cooperative Ventures Seeking State Action Antitrust Immunity, Joshua Rosenstein
Seattle University Law Review
Parts I and II of this Comment review the foundations of the state action doctrine and focus on the development of statutory and regulatory requirements of active supervision. Next, Part III discusses the two primary components of active supervision, control and involvement, in light of the current status of state action immunity. Part IV then examines Washington State's managed competition-based reform plan as an example of an attempt to secure state action immunity for private actors. Part IV also describes the Washington state action antitrust immunity provision in some detail. Finally, Part V provides a case illustration for effective state …
Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson
Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson
Seattle University Law Review
This Comment argues that if RU-486 were approved as a postcoital contraceptive rather than as an abortifacient, the drug would be of greater overall benefit to women seeking to control their fertility. To support the argument that RU-486 should be approved as a postcoital contraceptive, Part II of this Comment examines the background and development of the drug, the controversy it has engendered, and the drug's recently discovered contraceptive potential. Part III provides a short look at the process by which the FDA approves new drugs and discusses how RU-486 would likely progress through this process. Part IV begins by …
People With Pipes: A Question Of Euthanasia, Susan Machler
People With Pipes: A Question Of Euthanasia, Susan Machler
Seattle University Law Review
This Comment will focus on the constitutional and common law backgrounds of suicide and the right to refuse medical treatment, the need for well-articulated policies on right-todie issues, and a possible legislative solution that will balance the needs of dying individuals with society's interest in preventing abuse. Until we develop policies regarding physician- assisted suicide, we are leaving the needs and the protection of the dying to "people with pipes." We are leaving policymaking to whomever wins the battle between a doctor who invents suicide machines and a prosecutor who wants to put the doctor in jail for an act …
Rust V. Sullivan: Redirecting The Katzenbach V. Morgan Power, Paul Chuey
Rust V. Sullivan: Redirecting The Katzenbach V. Morgan Power, Paul Chuey
Seattle University Law Review
By deferring to the discretion of another branch of the federal government on a question of constitutional interpretation, the Rust Court implicitly resurrects and reshapes the long ignored doctrine of Katzenbach v. Morgan. Despite their different substantive issues, these two cases have a similar effect on the federal judiciary's role in constitutional interpretation. Section I of this Note describes the facts and history surrounding Rust and Morgan. Section II examines the Rust doctrine of judicial deference in the context of Morgan. Section III examines the Rust Court's approach to the First Amendment issues raised by the regulation …
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Seattle University Law Review
This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …
Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel
Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel
Seattle University Law Review
Accordingly, in light of this struggle to balance public health with religious liberty, this Article chronicles the evolving liberties and liabilities of religious patients, parents, and healers over the course of the twentieth century and examines the current state of religious healing law. Throughout, it advocates the greatest possible liberty for religious healing consistent with public and family security, as well as advocating equal protection under the law for all involved in religious treatment, whether they are members of organized religious groups or individual practitioners.
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Seattle University Law Review
This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …
Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck
Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck
Seattle University Law Review
This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Seattle University Law Review
This Article will explore, from a legal perspective, the dynamics of the changing relationships between hospitals and their medical staffs. Specifically, the Article will discuss hospital strategies for maximizing the efficiency of their medical staff operations. In this regard, the discussion will encompass two general areas: (1) the use of agreements and policies that restrict access to medical staff membership; and, (2) the development of economic criteria to assess physicians for appointment and reappointment to medical staffs. Both of these general areas of discussion entail significant legal issues that have never been extensively explored and hold the potential to reshape …
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Seattle University Law Review
This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …
How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum
How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum
Seattle University Law Review
Do contemporary charitable hospitals provide a sufficient community benefit to justify the loss of government revenue caused by their tax exemption? Focusing particularly on federal income tax exemption and on the community benefit derived from the provision of services to persons unable to pay, this Article argues that not all hospitals do. Accordingly, the authors recommend that the Internal Revenue Service issue a Revenue Ruling revising the current standards for federal income tax exemption to encourage charitable hospitals to clearly and explicitly identify and respond to health care needs, including the needs of persons unable to pay, in their local …
Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S.
Setting New Jersey Hospital Rates: A Regulatory System Under Stress, Bruce Siegel, M.D., M.P.H., Anne Weiss, M.P.P., Diane Lynch, J.D., M.S.
Seattle University Law Review
This Article reviews the history of hospital rate setting in New Jersey, emphasizing the system's evolution in response to newly perceived problems and changing political forces. The system experienced some early success in controlling cost growth and demonstrating new techniques of hospital rate setting. In later years, rate setting in New Jersey has been less successful at confronting a new federal role and the growing problem of health care access. The problems faced by New Jersey hold lessons for both the federal government as it pursues cost containment and the other states who either operate rate regulation systems or contemplate …
Private Utilization Review, Marvis J. Oehm
Private Utilization Review, Marvis J. Oehm
Seattle University Law Review
This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.
In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef
In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef
Seattle University Law Review
The Washington Supreme Court in In re Grantsought to determine whether life sustaining treatment could be legally withheld from a terminally ill, non-comatose, incompetent individual. In its December 1987 slip opinion, a majority of the court expanded on its previous decisions empowering third parties, including guardians, families, and physicians, to withhold and withdraw life sustaining treatment from incompetent individuals. This was accomplished by characterizing artificial nutrition and hydration as removable, life sustaining medical treatment. The court also gave third parties the power to remove artificial nutrition and hydration before the incompetent individual in question slips into a coma or …
An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell
An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell
Seattle University Law Review
The purpose of this Comment is to develop an economic analysis of possible blood products liability rules in order to determine what the effects of such rules are on blood users and providers. To the extent that current liability rules fail to promote an efficient allocation of risks and resources, this Comment will propose changes designed to correct such deficiencies.
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Seattle University Law Review
This Note will first analyze and evaluate two competing decision-making models established in other jurisdictions. The Note will then apply that analysis to Schuoler and critically evaluate that decision. The Note will conclude that while the Washington court follows the more appropriate judicial substituted judgment model, its poor articulation of that model may defeat the purpose of the decision: to protect a mental patient's right to refuse ECT.
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Seattle University Law Review
The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Seattle University Law Review
This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.
Observations On The Insanity Defense And Involuntary Civil Commitment In Europe, John Q. La Fond
Observations On The Insanity Defense And Involuntary Civil Commitment In Europe, John Q. La Fond
Seattle University Law Review
There are several perspectives from which one could analyze the insanity defense and involuntary civil commitment in foreign legal systems. However, the comparative perspective on which this Essay is based focuses on: a) how foreign legal systems formulate and administer the insanity defense; b) how the power of the state is defined to civilly commit mentally ill persons; c) who makes the important decisions and when and how they are made; and d) what happens to offenders who are considered mentally ill and to others who are considered mentally ill and suitable for involuntary commitment.
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Seattle University Law Review
This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …