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Articles 1 - 26 of 26
Full-Text Articles in Law
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
William & Mary Journal of Race, Gender, and Social Justice
When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …
Non-Transparent Pbm Cash Flows: Balancing Market Forces Under A Reluctant Legislative Regime, John Mcguinness
Non-Transparent Pbm Cash Flows: Balancing Market Forces Under A Reluctant Legislative Regime, John Mcguinness
William & Mary Business Law Review
No abstract provided.
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Neal E. Devins
No abstract provided.
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Steven J. Hoffman, Lorne Sossin
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Steven J. Hoffman, Lorne Sossin
Osgoode Legal Studies Research Paper Series
Adjudicative tribunals play an important role in the health sector yet their actual influence, as part of the health system, remains undetermined. Most of the studies that have evaluated their work have focused on measures of accountability and independence, rather than the indicators of societal impact. As efforts to reform health systems continue internationally, it is crucial that we understand the benefits and costs of adjudicative tribunals for providers and consumers of heath. In this regard, empirically evaluating the impact of adjudicative tribunals will help inform policymaking through the collection of objective data. A strong and accountable health care system …
Advancing Health Care The Old-Fashioned Way, Craig B. Garner
Advancing Health Care The Old-Fashioned Way, Craig B. Garner
Craig B. Garner
Though cutting-edge technology serves as the foundation for modern American healthcare, an accurate measure of progress must consider the occasional conflict between society and science. Even as yesterday’s medical miracles give way to what are now considered “state of the art” practices, it is the duty of health care providers to remain mindful of both sides of the equation, balancing the capabilities of today’s technologies with the needs of today’s patient. If society and science are not in sync, patient care will suffer, and sometimes we can only advance healthcare through old-fashioned methods.
The Problem With Value-Based Purchasing, Craig B. Garner
The Problem With Value-Based Purchasing, Craig B. Garner
Craig B. Garner
From its inception on October 1, 2012, the Hospital Value-Based Purchasing (“VBP”) Program shifted Medicare’s paradigm to emphasize performance over costs in determining hospital reimbursement. Reducing the overall Medicare reimbursement to hospitals by an estimated $1.4 billion for Fiscal Year (“FY”) 2015, the VBP Program was quick to secure the attention of the nation’s health care providers. Technically “budget neutral,” the VBP Program will return this same $1.4 billion to hospitals the following year in the form of performance incentives. As the Federal Government waits to assess the accuracy of its prediction, the FY 2015 reduction of 1.50% will finally …
Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner
Medicare: The Perpetual Balance Between Performance And Preservation, Craig B. Garner
Craig B. Garner
Passed by Congress and signed by President Lyndon Johnson into law in 1965, Medicare has weathered storms from all directions, growing to be the preeminent standard for health insurance in the United States. The idea of losing Medicare as a vital public benefit still remains the single greatest fear with which each passing generation of Americans must contend, and yet, these challenges over the past fifty years, designed to fortify Medicare’s foundation and ensure its longevity, continue to take a toll on the program. The most recent climate of reform includes changes implemented by the Patient Protection and Affordable Care …
Health Care Reform: Colorectal Cancer Screening Disparities, Before And After The Affordable Care Act (Aca), Michael Preston
Health Care Reform: Colorectal Cancer Screening Disparities, Before And After The Affordable Care Act (Aca), Michael Preston
Michael Preston
Colorectal Cancer is the third most common cancer found in men and women in the United states. In 2014, the American Cancer Society estimates over 142,000 new cases of colorectal cancer and approximately 50,000 deaths. Although the overall death rate for colorectal cancer has decreased over the past 20 years, disparities remain among medically underserved populations.
The Federal Medical Loss Ratio: A Permissible Federal Regulation Or An Encroachment On State Power?, Meghan S. Stubblebine
The Federal Medical Loss Ratio: A Permissible Federal Regulation Or An Encroachment On State Power?, Meghan S. Stubblebine
William & Mary Law Review
No abstract provided.
Community Health Centers As A Model For Health Care Reform, Timothy Li
Community Health Centers As A Model For Health Care Reform, Timothy Li
Timothy Li
This Note evaluates Community Health Centers (“CHCs”) as a model for health care reform by considering access, cost, and effectiveness of health care delivered through CHCs, as well as their system of corporate governance. This Note proposes that every medically underserved community adopt a CHC-based model to function as a health care safety net. Not only should the federal government increase support for CHCs, but CHCs should also continue to raise funds from government sources, private foundations, and community supporters. Even though alternative proposals for health care reform may exist, those proposals do not provide an adequate remedy to increase …
Health Care Reform: Walking The Fine Line Between Epic And Tragic, Craig B. Garner
Health Care Reform: Walking The Fine Line Between Epic And Tragic, Craig B. Garner
Craig B. Garner
The recent changes to the core structure of modern American health care are nothing short of epic, rivaled in historic scale only by the introduction of Medicare in 1965. Although each decade over the past 50 years has in some way used government programs and incentives in an attempt to urge health care to undergo recalibration as a means to establish industry stability, by the end of the first decade of the 21st Century it had become evident that health care in the United States was fast becoming unsustainable as it existed. Three years after the Federal Government passed the …
The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe
The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe
Craig B. Garner
This article investigates the ways in which the relationships between patient, provider and hospital have evolved in the past fifty years, while paying special attention to the influence of modern health care reform on all parties involved. Using Medicare as the primary standard, the nation’s health care system is examined both historically and in light of recent changes that seek to transition its structure from one that is cost based to an approach that emphasizes performance. It is only through understanding the roots of our health care program that we can make informed decisions designed to improve its future impact …
The Supreme Court Opens The Road To Health Care Reform, But Will California Meet The Challenge?, Craig B. Garner
The Supreme Court Opens The Road To Health Care Reform, But Will California Meet The Challenge?, Craig B. Garner
Craig B. Garner
This article provides an overview of the landmark 2012 United States Supreme Court decision National Federation of Independent Business v. Sebelius. Almost 28 months after President Barack Obama signed the Affordable Care Act (ACA) into law, the Supreme Court upheld the constitutionality of health care reform. Though the underlying arguments set forth in the majority opinion venture deep into the labyrinth of constitutional law and test the traditional boundaries of federalism, the holding itself is clear and concise: the ACA’s individual mandate is constitutional; and the Medicaid expansion provisions found within the ACA survive, but the Federal Government is prohibited …
Party Polarization And Judicial Review: Lessons From The Affordable Care Act, Neal Devins
Party Polarization And Judicial Review: Lessons From The Affordable Care Act, Neal Devins
Faculty Publications
Congress paid nearly no attention to the Constitution when enacting the Affordable Care Act (ACA) in 2010. Legislative hearings and committee reports ignored the Constitution altogether; legislative debates largely did the same. This Essay both highlights Congress’s indifference to the Constitution when enacting the ACA and examines the reasons behind this legislative failure. In particular, this Essay advances three explanations. First, Congress is generally uninterested in “public goods” like constitutional interpretation. Second, the polarization of Democrats and Republicans in Congress further depresses Congress’s interest in thinking about the Constitution; instead, the majority party seeks to limit opportunities for the minority …
The Spectacular Aspect Of Contemporary Health Care, Craig B. Garner
The Spectacular Aspect Of Contemporary Health Care, Craig B. Garner
Craig B. Garner
Abstract: While advances in modern medicine since the introduction of Medicare have in many ways been riveting from a technological, political and sociological standpoint, each new period of change has brought with it a divisiveness that has forced individuals to decide whether the system’s latest step is spectacular in its success or failure. Even as the provision of medicine continues to improve, such a lack of unity has taken its toll on the health care industry, bringing with it a host of sociological and ethical issues that often prevent modern breakthroughs from reaching the greatest number of people. For the …
Are We Fighting The Wrong Health Care Battle?, Craig B. Garner
Are We Fighting The Wrong Health Care Battle?, Craig B. Garner
Craig B. Garner
Although the United States Supreme Court may have finally put to rest any constitutional disagreements over the Affordable Care Act, the debate over health care is far from settled. It comes as no surprise that the aftereffects of the Court's 5-4 split have already trickled down through nearly every aspect of federal and state government, providing scores of pages of partisan fodder that will ensure both sides have ample stock of rhetoric to flame this debate for years to come. For this reason, now is the time to ask ourselves if the nation's focus is on the wrong questions.
The War On Health Care, Craig B. Garner
The War On Health Care, Craig B. Garner
Craig B. Garner
Throughout history, America’s methods of providing health care have always had an understated yet powerful impact on the way she chooses to wage war. And yet, this may be the first time that health care is itself under siege. Indeed, the specter of war has provided countless opportunities to test society’s mettle in battle, while forcing those in power to prioritize in terms of their country’s health care. As sides are drawn and campaigns evolve, the strategies of combat take shape in ways previously unforeseen. This is certainly true in contemporary America, though in our modern age of reform it …
Adjudicating Health Care Reform By Dissent, Craig B. Garner
Adjudicating Health Care Reform By Dissent, Craig B. Garner
Craig B. Garner
The procedural infrastructure within which the nation’s judicial system operates is as important as the canons of law the Courts espouse. Sometimes, however, courts bypass these procedural tenets without compromising their integrity, often by way of dissenting opinions. On the cusp of a historic moment when it entertains 330 minutes or oral argument on the topic of health care reform, the United States Supreme Court commands the nation’s full attention. Typically known for its stoicism, the Supreme Court recently ruled on another health care related matter, one involving California’s Medicaid program. With what appears to be a majority opinion out …
Health Care Reform: A Time To Wait, Or Expiate?, Craig B. Garner
Health Care Reform: A Time To Wait, Or Expiate?, Craig B. Garner
Craig B. Garner
If Dante Alighieri had written an epic poem describing the recent evolution of American healthcare, it might have much in common with his famous Purgatorio. As the nine U.S. Supreme Court Justices continue deliberation on the fate of the 2010 Affordable Care Act, it is unclear whether our nation's healthcare system is heading toward Inferno or Paradiso. While experts on both sides of the aisle attempt to divine the secret codes shared between Justices over a record-breaking three days of oral argument, the rest of us have little choice but to wait until summer for clarity.
The Affordable Care Act, The Constitutional Meaning Of Statutes, And The Emerging Doctrine Of Positive Constitutional Rights, Edward Rubin
The Affordable Care Act, The Constitutional Meaning Of Statutes, And The Emerging Doctrine Of Positive Constitutional Rights, Edward Rubin
William & Mary Law Review
No abstract provided.
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Faculty Publications
No abstract provided.
Securing Sovereign State Standing, Katherine Mims Crocker
Securing Sovereign State Standing, Katherine Mims Crocker
Faculty Publications
No abstract provided.
Tracing The Evolution Of American Health Care Through Medicare, Craig B. Garner
Tracing The Evolution Of American Health Care Through Medicare, Craig B. Garner
Craig B. Garner
With President Obama’s health care reform currently under intense partisan scrutiny in the United States, this article is an objective resource for understanding the ways in which Medicare has historically served as a weather vane for charting the changes to the American health care system. During its nearly fifty-year tenure as the standard for the provision of medical care in the U.S., Medicare has evolved in fits and spurts, with its core structure shifting over time in response to changes brought about by the economic and political climate of each decade. It is only by understanding these past revisions, both …
Boehner’S Big Gift To The Drug Industry, Joanne Doroshow
Boehner’S Big Gift To The Drug Industry, Joanne Doroshow
Other Publications
No abstract provided.
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
Faculty Publications
No abstract provided.
Of State Laboratories And Legislative Alloys: How "Fair Share" Laws Can Be Written To Avoid Erisa Preemption And Influence Private Sector Health Care Reform In America, Darren Abernethy
William & Mary Law Review
No abstract provided.