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Health Law and Policy

Medicaid

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Full-Text Articles in Law

Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem Jan 2011

Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson Sep 2010

Mending The Fabric Of Small Town America: Health Reform & Rural Economies, Sidney D. Watson

West Virginia Law Review

No abstract provided.


Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby Jan 2010

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

Journal of Health Care Law and Policy

No abstract provided.


Cutting The Fat Out Of Health-Care Costs: Why Medicare And Medicaid Write-Offs Should Not Be Recoverable Under Oklahoma’S Collateral Source Rule, Michael W. Cromwell Jan 2010

Cutting The Fat Out Of Health-Care Costs: Why Medicare And Medicaid Write-Offs Should Not Be Recoverable Under Oklahoma’S Collateral Source Rule, Michael W. Cromwell

Oklahoma Law Review

No abstract provided.


Entitlements: Not Just A Health Care Problem, Andrew G. Biggs Apr 2009

Entitlements: Not Just A Health Care Problem, Andrew G. Biggs

The University of New Hampshire Law Review

[Excerpt] “A new consensus on entitlement reform has developed in Washington: rising per-capita health care spending is the only real crisis besetting the government‘s entitlement programs, while America‘s aging population and Social Security play minor roles at best. Some cite this view to shift the policy emphasis from entitlement cost control to the restructuring of the U.S. health sector, including private health care. But this new consensus is flawed. Using standard accounting practices and including all major government entitlement programs, population aging will play an equal role with health care cost growth over the next seventy-five years and a significantly …


The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini Jan 2009

The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini

Journal of Law and Health

Medically impaired individuals such as George, as well as disaster victims, mentally handicapped persons, homeless persons, and foster children, will be adversely affected by the new citizenship documentation requirements imposed upon the states by the Act. States will also be adversely affected by the increased administrative costs of implementing the Act's requirements. This note asserts that aspects of the citizenship verification requirements treat citizen applicants worse than immigrant applicants, which violates the Due Process Clause of the Fifth Amendment. Amendments should be made to the United States Code and the Code of Federal Regulations to ease the burden on individuals …


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 Apr 2008

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.


A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery Jan 2007

A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery

Journal of Health Care Law and Policy

No abstract provided.


Medicaid At Forty: Revisiting Structure And Meaning In A Post-Deficit Reduction Act Era, Sara Rosenbaum Jan 2006

Medicaid At Forty: Revisiting Structure And Meaning In A Post-Deficit Reduction Act Era, Sara Rosenbaum

Journal of Health Care Law and Policy

No abstract provided.


Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller May 2004

Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller

Michigan Law Review

Health care in America is an expensive, complicated, inefficient, tangled mess - everybody says so. Patients decry its complexity, health care executives bemoan its lack of coherence, physicians plead for universal coverage to simplify their lives so they can just get on with taking care of patients, and everyone complains about health care costs. The best health care in the world is theoretically available here, but we deliver and pay for it in some of the world's worst ways. Occam's razor ("Among competing hypotheses, favor the simplest one") is of little help here. There are no simple hypotheses - everything …


Medicaid: Issues And Challenges For Health Coverage Of The Low-Income Population, Diane Rowland Jan 2004

Medicaid: Issues And Challenges For Health Coverage Of The Low-Income Population, Diane Rowland

Journal of Health Care Law and Policy

No abstract provided.


Universal Coverage And The American Health Care System In Crisis (Again), Rick Mayes Jan 2004

Universal Coverage And The American Health Care System In Crisis (Again), Rick Mayes

Journal of Health Care Law and Policy

No abstract provided.


Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie Jan 2003

Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie

Seattle University Law Review

Following this introductory section, Part II presents a comprehensive description of the health financing arrangements available to low-income residents of Washington State, from federally funded Medicaid programs to state-subsidized insurance. The Article concludes in Part III, outlining the interrelationship between these arrangements and the political process, and suggesting that the Washington State Legislature should be aware of how policy actually affects people.


Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt Nov 2002

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.


Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson Jan 2002

Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson

Journal of Health Care Law and Policy

No abstract provided.


Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood Jan 2002

Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood

Journal of Health Care Law and Policy

No abstract provided.


The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew Jan 2002

The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew

Kentucky Law Journal

No abstract provided.


Medicaid And Durable Medical Equipment: An Ongoing Battle Between Expense And Health, Jennifer K. Squillario Jan 2000

Medicaid And Durable Medical Equipment: An Ongoing Battle Between Expense And Health, Jennifer K. Squillario

Maryland Law Review

No abstract provided.


Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower Jul 1999

Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower

University of Miami Business Law Review

No abstract provided.


Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves Jan 1998

Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves

Journal of Health Care Law and Policy

No abstract provided.


Tobacco Litigation's Third-Wave: Has Justice Gone Up In Smoke?, David A. Hyman Jan 1998

Tobacco Litigation's Third-Wave: Has Justice Gone Up In Smoke?, David A. Hyman

Journal of Health Care Law and Policy

No abstract provided.


Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden Jan 1997

Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden

University of Richmond Law Review

The Medicaid program is a jointly financed federal and state assistance program established under Title XIX of the Social Security Act of 1965. The purpose of the program is to provide "federal financial assistance to States that choose to reimburse certain costs of medical treatment for needy persons." The Medicaid program's federal statutory and regulatory framework was described by Justice Powell of the United States Supreme Court as "among the most intricate ever drafted by Congress." Justice Powell added that the Act's "Byzantine construction... makes [it] 'almost unintelligible to the uninitiated." To add to these already significant difficulties, each state …


Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook Sep 1996

Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook

West Virginia Law Review

No abstract provided.


The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard Jan 1995

The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard

Cleveland State Law Review

Medicaid was originally designed as a welfare program to provide healthcare to the poor. Despite the initial intentions of Congress, Medicaid has instead become "a multi-billion-dollar insurance policy" for elderly middle-class Americans who require long-term health care. The Medicaid crisis has been described as "a battle between elderly people's desire for long-term care coverage and their concomitant reluctance to pay for it themselves." This battle is waged between the older and younger generations, commencing when the younger generation observes that their inheritance is growing smaller or disappearing altogether due to the immense cost of their parents' long-term health care.


Public Relief Jan 1995

Public Relief

Touro Law Review

No abstract provided.


Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker Mar 1992

Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker

Vanderbilt Law Review

After the Civil War, Congress enacted a statutory private right of action to ensure the protection of an individual's federal civil rights." This right of action, now codified at Title 42, Section 1983 of the United States Code, creates liability for anyone who, acting under a state law, program, or policy, infringes on an individual's federal rights. Although the authors of Section 1983 intended the statute to serve primarily as a mechanism for the protection of federal constitutional rights, the United States Supreme Court has recognized that Section 1983 is a valid tool for enforcing a wide variety of statutorily …


The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns Jan 1991

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …


Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling Jan 1991

Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling

Fordham Urban Law Journal

This Article proposes a new system of fudning long-term care that contemplates the issuing of securities. This mechanism is designed to supplement or supplant private insurance and to enable the private sector to play a more significant role. This Article considers the current funding alternatives for nursing home care, and specifically explores the types of facilities already in existence to serve the elderly in need of nursing home services. This article proceeds to explore the concept of a health care consortium, and discusses the various legal implications of the plan.


United States V. Greber And Its Effect On The Medicare And Medicaid Programs, Stephen C. Pierce Jan 1987

United States V. Greber And Its Effect On The Medicare And Medicaid Programs, Stephen C. Pierce

Kentucky Law Journal

No abstract provided.


Redefining Government's Role In Health Care: Is A Dose Of Competition What The Doctor Should Order?, James F. Blumstein, Frank A. Sloan May 1981

Redefining Government's Role In Health Care: Is A Dose Of Competition What The Doctor Should Order?, James F. Blumstein, Frank A. Sloan

Vanderbilt Law Review

Throughout the 1970s, the two major political parties espoused some form of national health insurance. Faced with a fiscal squeeze, however, the Carter Administration gave national health insurance a relatively low priority.The political movement for comprehensive national health insurance rests on an ideological commitment that the federal government should underwrite the cost of providing universal access to medical services. The objective is essentially redistributive in nature: equitable concerns for the disadvantaged loom as the major focus. The selective expansion of coverage to encompass those identified as needy and worthy, but only those so identified, is anathema to those who traditionally …