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Health Law and Policy

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1990

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Articles 31 - 60 of 115

Full-Text Articles in Law

Florida Durable Power Of Attorney Law: The Need For Reform, Robert Craig Waters Apr 1990

Florida Durable Power Of Attorney Law: The Need For Reform, Robert Craig Waters

Florida State University Law Review

The durable power of attorney provides a method of planning for illness or incapacity that is less expensive and restrictive than legal guardianship. Yet current Florida law appears to render durable powers either unenforceable or inaccessible to most of the state's population. In this Article, the author provides a history of the durable power, describes the shortcomings of current Florida law, and proposes broad reform.


Board Of Examiners Of Nursing Home Administrators, K. Elliott Jan 1990

Board Of Examiners Of Nursing Home Administrators, K. Elliott

California Regulatory Law Reporter

No abstract provided.


A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli Jan 1990

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.


In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster Jan 1990

In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster

UIC Law Review

No abstract provided.


A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli Jan 1990

A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.


Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin Jan 1990

Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin

UIC Law Review

No abstract provided.


Introduction, Steven Smith, David Sweet Jan 1990

Introduction, Steven Smith, David Sweet

Journal of Law and Health

Introduction to Symposium


Proceedings Of The Inaugural Conference Of The Law & (And) Public Policy Program: An Introduction And Summary, Alan C. Weinstein Jan 1990

Proceedings Of The Inaugural Conference Of The Law & (And) Public Policy Program: An Introduction And Summary, Alan C. Weinstein

Journal of Law and Health

As its title suggests, this Conference focuses on the health insurance problems of Ohioans and the public and private initiatives that seek solutions to that problem. Despite this focus on Ohio, the Conference proceedings are not overly parochial, but often examine the experience of other states and other societies to gain insights into Ohio's situation. Thus, these proceedings provide the reader with both a general consideration of the health insurance problem and a deeper exploration of one state's effort to address that problem.


Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer Jan 1990

Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer

Journal of Law and Health

There is probably no constitutional duty on the government to provide medical care; for the Court recently reaffirmed, in Deshaney, the current Court's view of our Constitution as prohibiting governmental wrongs rather than granting entitlements from the government. We say there is a moral duty to provide medical care to those who cannot afford such care. Where does the moral right to receive basic medical care come from?


Keynote Address: Helping The Uninsured: Health Insurance In Ohio And In The Nation, Randall R. Bovbjerg Jan 1990

Keynote Address: Helping The Uninsured: Health Insurance In Ohio And In The Nation, Randall R. Bovbjerg

Journal of Law and Health

This article briefly discusses five salient issues for decision makers to ponder, in Ohio and in the nation: (1) What, exactly, is the problem? (2) What about National Health Insurance (NHI)? (3) What roles are likely for national, state, and local governments? (4) How can one design solutions and evaluate the trade-offs they pose? (5) What are we willing to pay? A major conclusion is that many ways exist to provide subsidized coverage or other access to care. In other words, many possible solutions exist. They have different emphases, different structural characteristics, different benefits, and different price tags. What does …


Opening Remarks: An Overview Of The Problem, Robert E. Eckardt Jan 1990

Opening Remarks: An Overview Of The Problem, Robert E. Eckardt

Journal of Law and Health

It is a pleasure to be here this morning and to give you some opening comments about what is obviously a very important issue and one that I think does require the involvement of a multitude of different persons from public policy, public health, law and other fields. As I look at the Conference program, however, I feel a little bit uneasy with my assignment since those of us in Foundations are quintessential consultants; we are not really out on the front line doing anything, but are instead providing advice, assistance, counseling, and sometimes money, to those who are out …


Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren Jan 1990

Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren

Journal of Law and Health

A panel consisting of health care providers and consumers discussed defining the problem and searching for solutions. Richard Buxbaum of the Greater Cleveland Hospital Association addressed uncompensated care, otherwise known as charity care, as a problem for hospitals. Mandating employer based health insurance was offered as a solution. Frank Kimbler of the Federation for Community Planning gave an overview of the consumer side of the uninsured problem. He mentioned a joint pilot project to insure the working poor. Henry Manning of Metrohealth explained how price competition between hospitals creates a problem for urban teaching hospitals which bear the costs of …


The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson Jan 1990

The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson

Journal of Law and Health

This paper will first review the development of Ohio case law prior to the Supreme Court's decision in Cruzan v. Director, Missouri Department of Health along with the Cruzan decision and Ohio's Durable Power of Attorney for Health Care statute. Next, the constitutionality of the limitations in the Durable Power of Attorney Health Care statute will be discussed. The standard of evidence which must be met in Ohio in order to implement an incompetent's wishes regarding medical treatment in the absence of a durable power will be analyzed. Recommendations will be presented regarding what Ohioans should do in order to …


Medicare/Medicaid Reimbursement Issues - A Provider's Perspective, Deborah M. Naglak Jan 1990

Medicare/Medicaid Reimbursement Issues - A Provider's Perspective, Deborah M. Naglak

Journal of Law and Health

In 1965, Congress took its first historical step towards the ideal of universally accessible health care services with the enactment of the Medicare and Medicaid programs. These programs are federally subsidized health insurance programs administered by the Health Care Financing Administration within the Department of Health and Human Services. Under the Medicare statute, the federal government reimburses providers of medical services for care rendered to elderly or disabled patients, subject to guidelines and limitations. The Medicare Act establishes the costs allowed for reimbursement for services and authorizes the Secretary of the Department of Health and Human Services (HHS) to promulgate …


Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore Jan 1990

Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore

Journal of Law and Health

Panel discussion: Some solutions to the uninsured problem happening right here in Cleveland. The Health Policy Coalition is a group which presents health insurance reform ideas to Congress. Charles Weller talked about the Coalition. Powell Woods described the Cleveland Health Quality Choice Program as follows: "Cleveland Health Quality Choice is based upon the principle that if we figure out a way to reward high quality and cost efficiency as the twin lynch pins of reimbursement in our health purchasing system, we can drive both quality and efficiency gains in the system which can help produce savings which will in turn …


Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow Jan 1990

Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow

Journal of Law and Health

A discussion of the current Ohio health insurance law regarding the uninsured and underinsured and what the Ohio legislature is trying to do about it. Jane Campbell discussed adopting a system similar to the Canadian health care system, creating an Ohio health care trust fund, and helping those in high-risk health care categories. Ray Miller addressed indigent health care and the Hagan bill. Grace Drake said that universal health care has not been successful where it has been tried, so the focus should be on the working poor and uninsured.


University Of Richmond Law Review Jan 1990

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette Jan 1990

Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette

University of Richmond Law Review

Over the past year, medical malpractice and health care law in the Commonwealth have undergone significant changes. Major case decisions and significant legislative activity, both at the state and federal levels, have altered the playing field for many health care providers, insurers, and consumers.


Mandatory Testing Of Hospital Employees Exposed To The Aids Virus: Need To Know Or Unwarranted Invasion Of Privacy?, Donald J. Mcneil, Laurie A. Spieler Jan 1990

Mandatory Testing Of Hospital Employees Exposed To The Aids Virus: Need To Know Or Unwarranted Invasion Of Privacy?, Donald J. Mcneil, Laurie A. Spieler

Loyola University Chicago Law Journal

No abstract provided.


The Nlrb's Proposed Rule For The Determination Of Health Care Bargaining Units: Is The Aha Barking Up The Wrong Tree?, Brenda Murphy Jan 1990

The Nlrb's Proposed Rule For The Determination Of Health Care Bargaining Units: Is The Aha Barking Up The Wrong Tree?, Brenda Murphy

Loyola University Chicago Law Journal

No abstract provided.


Ex Parte Contracts Between Plaintiff's Physician And Defense Attorneys: Protecting The Patient-Litigant's Right To A Fair Trial, Philip H. Corboy Jan 1990

Ex Parte Contracts Between Plaintiff's Physician And Defense Attorneys: Protecting The Patient-Litigant's Right To A Fair Trial, Philip H. Corboy

Loyola University Chicago Law Journal

No abstract provided.


Long-Term Health Care Insurance Challenges: Meeting The Needs Of An Aging Population, Angela S. Curran Jan 1990

Long-Term Health Care Insurance Challenges: Meeting The Needs Of An Aging Population, Angela S. Curran

Loyola University Chicago Law Journal

No abstract provided.


Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer Jan 1990

Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer

UIC Law Review

No abstract provided.


Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg Jan 1990

Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg

Journal of Law and Health

The reason that the discussions and positions that you heard this morning are no longer being voiced so widely in California is because conditions have continued to deteriorate there rather dramatically. Like the rest of the country, we have a large uninsured population, but the percentage of our uninsured population is larger than the national average as a percentage of the non-elderly population. In the U.S. it's about eighteen percent; in California, it's over twenty-one percent. That means more than five million uninsured people.


A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl Jan 1990

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.


New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall Jan 1990

New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall

UIC Law Review

No abstract provided.


Medical Board Of California, K. Elliott, D. Kaplan, D. Kraus, J. D'Angelo Jan 1990

Medical Board Of California, K. Elliott, D. Kaplan, D. Kraus, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, J. Skay Jan 1990

Board Of Optometry, J. Skay

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, D. Kraus Jan 1990

Board Of Registered Nursing, D. Kraus

California Regulatory Law Reporter

No abstract provided.


Board Of Examiners In Veterinary Medicine, K. Franke Jan 1990

Board Of Examiners In Veterinary Medicine, K. Franke

California Regulatory Law Reporter

No abstract provided.