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Articles 391 - 420 of 430
Full-Text Articles in Law
Goudy-Bachman V. Hhs - U.S Reply Brief, United States Department Of Health And Human Services
Goudy-Bachman V. Hhs - U.S Reply Brief, United States Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - Plaintiffs' Reply Brief, Barbara Goudy-Bachman
Goudy-Bachman V. Hhs - Plaintiffs' Reply Brief, Barbara Goudy-Bachman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - Plaintiffs' Motion For Summary Judgement, Barbara Goudy-Bachman
Goudy-Bachman V. Hhs - Plaintiffs' Motion For Summary Judgement, Barbara Goudy-Bachman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - Parties' Joint Stipulation, United States District Court For The Middle District Of Pennsylvania
Goudy-Bachman V. Hhs - Parties' Joint Stipulation, United States District Court For The Middle District Of Pennsylvania
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - June 1 Scheduling Order, United States District Court For The Middle District Of Pennsylvania
Goudy-Bachman V. Hhs - June 1 Scheduling Order, United States District Court For The Middle District Of Pennsylvania
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - District Court Order Denying 12(B)(1), United States District Court For The Middle District Of Pennsylvania
Goudy-Bachman V. Hhs - District Court Order Denying 12(B)(1), United States District Court For The Middle District Of Pennsylvania
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss, Barbara Goudy-Bachman
Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss, Barbara Goudy-Bachman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - Original Complaint, Barbara Goudy-Bachman
Goudy-Bachman V. Hhs - Original Complaint, Barbara Goudy-Bachman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Goudy-Bachman V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Goudy-Bachman V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Constitutionality Of The Patient Protection And Affordable Care Act Under The Commerce Clause And The Necessary And Proper Clause, Wilson Huhn
Akron Law Faculty Publications
The Patient Protection and Affordable Care Act is a comprehensive federal statute that attempts to extend health insurance coverage to tens of millions of Americans and to expand health insurance coverage by eliminating exclusions for preexisting conditions, increase medical loss ratios, abolish annual and lifetime limits, and other reforms. A necessary provision of this law (the individual mandate) requires most individuals to maintain health insurance coverage. The individual mandate has been challenged in a number of lawsuits on the ground that Congress lacks the power under the Constitution to require individuals to purchase health insurance. The power of Congress to …
The Patient Protection And Affordable Care Act Of 2010: Rulemaking The Shadow Of Incentive-Based Regulation, Sam F. Halabi
The Patient Protection And Affordable Care Act Of 2010: Rulemaking The Shadow Of Incentive-Based Regulation, Sam F. Halabi
Faculty Publications
While legislators, scholars and mainstream observers are focused on the intense debates surrounding the constitutionality of the Patient Protection and Affordable Care Act’s individual mandate, the Department of Health and Human Services and other agencies are proceeding apace in promulgating rules to implement the law’s other requirements. Congress’s substantial delegation of administrative authority to HHS and other agencies will provide a second key area for constitutional challenges after the U.S. Supreme Court resolves the initial lawsuits based on the individual mandate. Between facial constitutional challenges to the Affordable Care Act and lawsuits based on defects in agency rules or the …
Revenue-Cycle Management And Reimbursement: The Impact Of Health Law And Health Reform On Providers, Timothy D. Martin
Revenue-Cycle Management And Reimbursement: The Impact Of Health Law And Health Reform On Providers, Timothy D. Martin
Timothy D Martin
Healthcare payment systems are complex and difficult to administer. Over the years, providers have developed a complex process, called revenue-cycle management, for administering their interactions with payers operating under various payment systems. The Patient Protection and Affordable Care Act of 2010 will have a significant impact on payment systems—as will other recent reform measures. This paper contains primers on revenue-cycle management, health insurance systems, medical claims, claim coding, electronic-data interchange (EDI), claims processing, and public and private reimbursement methods for hospitals and physicians. But its focus is on the impact recent healthcare reform initiatives have had and are likely to …
The Real Constitutional Problem With The Affordable Care Act, Timothy Stoltzfus Jost
The Real Constitutional Problem With The Affordable Care Act, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
Constitutionality Of The Patient Protection And Affordable Care Act Under The Commerce Clause And The Necessary And Proper Clause, Wilson Huhn
Wilson R. Huhn
The Patient Protection and Affordable Care Act is a comprehensive federal statute that attempts to extend health insurance coverage to tens of millions of Americans and to expand health insurance coverage by eliminating exclusions for preexisting conditions, increase medical loss ratios, abolish annual and lifetime limits, and other reforms. A necessary provision of this law (the individual mandate) requires most individuals to maintain health insurance coverage. The individual mandate has been challenged in a number of lawsuits on the ground that Congress lacks the power under the Constitution to require individuals to purchase health insurance. The power of Congress to …
A Cautious Path Forward On Accountable Care Organizations, Barak D. Richman, Kevin A. Schulman
A Cautious Path Forward On Accountable Care Organizations, Barak D. Richman, Kevin A. Schulman
Faculty Scholarship
The wave of new Accountable Care Organizations (ACOs), spurred by financial incentives in the Affordable Care Act, could become the latest chapter in the steady accumulation of market power by hospitals, health care systems, and physician groups. The main purpose behind forming many ACOs may not be to achieve cost savings but instead to strengthen negotiating power over purchasers in the private sector. This would be an unfortunate sequel to the waves of mergers in the 1990s when health care entities sought to counter market pressure from managed care organizations. The possibility that ACOs might further concentrate health care markets …
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
All Faculty Scholarship
This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research …
Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette
Ppaca And Public Health: Creating A Framework To Focus On Prevention And Wellness And Improve The Public's Health, Gwendolyn R. Majette
Law Faculty Articles and Essays
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA), a major piece of health care reform legislation.This comprehensive legislation includes provisions that focus on prevention, wellness, and public health. Some, including authors in this symposium, question whether Congress considered public health, prevention, and wellness issues as mere afterthoughts in the creation of PPACA. As this article amply demonstrates, they did not.This article documents the extent of congressional consideration on public health issues based on personal experience working on the framework for health care reform--specifically, my experience as a Fellow for a member of the …
The Provider-Monopoly Problem In Health Care, Clark C. Havighurst, Barak D. Richman
The Provider-Monopoly Problem In Health Care, Clark C. Havighurst, Barak D. Richman
Faculty Scholarship
Although federal judges have resisted giving due effect to standard antitrust principles in scrutinizing mergers of nonprofit hospitals, the presence of health insurance makes it especially important to oppose monopoly in health services markets. U.S.-style health insurance gives monopolist providers extraordinary pricing freedom, thus exacerbating monopoly’s usual redistributive effects. Significant allocative inefficiencies - albeit not the kind generally associated with monopoly - also result when the monopolist is a nonprofit hospital. Because it is probably impossible to undo past hospital mergers creating undue market power, we suggest some alternative remedies. One is to apply antitrust rules against "tying" arrangements so …
Rural Hospital Ownership: Medical Service Provision, Market Mix, And Spillover Effects, Jill R. Horwitz, Austin Nichols
Rural Hospital Ownership: Medical Service Provision, Market Mix, And Spillover Effects, Jill R. Horwitz, Austin Nichols
Articles
Objective. To test whether nonprofit, for-profit, or government hospital ownership affects medical service provision in rural hospital markets, either directly or through the spillover effects of ownership mix. Data Sources/Study Setting. Data are from the American Hospital Association, U.S. Census, CMS Healthcare Cost Report Information System and Prospective Payment System Minimum Data File, and primary data collection for geographic coordinates. The sample includes all nonfederal, general medical, and surgical hospitals located outside of metropolitan statistical areas and within the continental United States from 1988 to 2005. Study Design. We estimate multivariate regression models to examine the effects of (1) hospital …
Why It's Called The Affordable Care Act, Nicholas Bagley, Jill R. Horwitz
Why It's Called The Affordable Care Act, Nicholas Bagley, Jill R. Horwitz
Articles
The Patient Protection and Affordable Care Act of 2010 (“ACA”) raises numerous policy and legal issues, but none have attracted as much attention from lawyers as Section 1501. This provision, titled “Maintenance of Mini-mum Essential Coverage,” but better known as the “individual mandate,” requires most Americans to obtain health insurance for themselves and their dependents by 2014. We are dismayed that the narrow issue of the mandate and the narrower issue of free riding have garnered so much attention when our nation’s health-care system suffers from countless problems. By improving quality, controlling costs, and extending coverage to the uninsured, the …
Health Insurance Reform And Intimations Of Citizenship, Nan D. Hunter
Health Insurance Reform And Intimations Of Citizenship, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This article considers the implications of the Patient Protection and Affordable Care Act (PPACA) for social meanings of civic belonging in American society and for possible new forms of individual engagement with the health care system. Once fully implemented, PPACA will have many of the governance characteristics of other social insurance systems, in that it will define membership in a collective undertaking, establish a mechanism for collective security against a shared risk, and channel, incentivize and penalize specific behaviors. The article considers the extent to which PPACA has the potential to also produce new narratives and understandings of social solidarity …
Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin
Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Health Insurance Politics In Federal Court, Wendy K. Mariner, George J. Annas
Health Insurance Politics In Federal Court, Wendy K. Mariner, George J. Annas
Faculty Scholarship
Having been outmaneuvered in Congress with the passage of the Patient Protection and Affordable Care Act (“Affordable Care Act,” or ACA), Republicans have taken their case to federal court, arguing that the law's key provision, the individual mandate to purchase health insurance, is unconstitutional. This argument has been made most prominently by attorneys general from 20 states in a Florida federal court and by the Commonwealth of Virginia in a Virginia federal court. In early August, federal district court judge Henry Hudson decided that the Virginia challenge deserves a hearing,1 thereby giving the constitutional argument an aura of respectability …
Seven-Sky V. Holder - U.S. Reply Brief, Eric Holder
Seven-Sky V. Holder - U.S. Reply Brief, Eric Holder
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Seven-Sky V. Holder - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, Susan Seven-Sky, American Center For Law & Justice
Seven-Sky V. Holder - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, Susan Seven-Sky, American Center For Law & Justice
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California
Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Coons V. Geithner - Original Complaint, Nick Coons
Coons V. Geithner - Original Complaint, Nick Coons
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida
Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia
Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia
Patient Protection and Affordable Care Act Litigation
No abstract provided.