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Articles 241 - 264 of 264
Full-Text Articles in Law
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
University of Michigan Journal of Law Reform
Scientists are concluding that the risk of becoming infected with the virus that causes AIDS based on transmission from an infected health care worker is infinitesimal: in fact, only one health care worker has ever been documented as the source of HN transmission to a patient. This Article sets forth the medical evidence concerning this low risk and argues that legal decision making should incorporate these facts into its analysis of legal problems involving HN-infected health care workers. The Article analyzes three areas of such legal decision making: (1) employment and related credentialing of HN-infected health care workers; (2) liability …
Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg
Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Broken Back: A Patient's Reflections On The Process Of Medical Necessity Determinations, Margaret Gilhooley
Broken Back: A Patient's Reflections On The Process Of Medical Necessity Determinations, Margaret Gilhooley
Villanova Law Review
No abstract provided.
The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford
The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin
Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
This essay serves as the foreword to Implementing U.S. Health Care Reform, a symposium held in 1993.
The exact specifications of the new health care system depend on the package that President Clinton will send to Capitol Hill and the changes that Congress will make in the reform package. Some of the basic structures and organizing principles of the new system that are being considered by the President are already the subject of intense public scrutiny.
The design being considered would involve new relations between the federal government and the states, between the public and private sectors, and between …
Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum
Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum
Kentucky Law Journal
No abstract provided.
Health Care Reform In The United States, Lawrence O. Gostin
Health Care Reform In The United States, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The author presents a brief description of the design features and objectives of the health care reform package, together with the reasons to support reform of the health care system in the United States.
The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien
The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien
Faculty Scholarship
As the numbers of uninsured mount4 because of job dislocations, exhaustion of benefits, and unaffordably high premiums, the incidence of "dumping" by private hospitals is, predictably, on the rise. Dumping occurs when a hospital, in violation of federal or state law, transfers an emergency patient to another (usually public) hospital or simply refuses any treatment based on the patient's inability to pay.5 In addition to the completely uninsured, favorite dumping targets include Medicare and Medicaid patients, AIDS patients, and cancer patients whose therapy may cost more than the maximum reimbursement under private insurance.
Dumping is merely a part of …
Testimony Of Senate Bill 36, Senate Health And Human Services Committee
Testimony Of Senate Bill 36, Senate Health And Human Services Committee
California Senate
No abstract provided.
Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore
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
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.
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Law Faculty Articles and Essays
Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, was the INAUGURAL Conference of Cleveland State University's Law & Public Policy Program, an interdisciplinary program of instruction, public service and research sponsored jointly by the Cleveland-Marshall College of Law and the Maxine Goodman Levin College of Urban Affairs. The goal of the Conference was to facilitate an exchange of information and views among representatives of the public and major interests concerned with the growing numbers of persons who either lack health insurance or have inadequate coverage.
Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg
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.
Proceedings Of The Inaugural Conference Of The Law & (And) Public Policy Program: An Introduction And Summary, Alan C. Weinstein
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
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
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
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
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 …
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
Journal of Law and Health
This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.
Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law
Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law
West Virginia Law Review
No abstract provided.
Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner
Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner
Michigan Law Review
A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.
What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …
The Impact Of Michigan's Health Maintenance Organization Act, Roger Alan Petzke
The Impact Of Michigan's Health Maintenance Organization Act, Roger Alan Petzke
University of Michigan Journal of Law Reform
Growing dissatisfaction with the shortcomings of the traditional system of health care has led to renewed interest in the Health Maintenance Organization (HMO) concept in recent years. Although some HMO's have been operating in the United States for over forty years, conditions have been less than favorable to their growth and development. Major obstacles have been opposition from the medical profession, lack of public understanding about the nature and function of HMO's, and state laws restricting or prohibiting the establishment of HMO's. In order to create a more favorable legal climate and encourage HMO development, a number of states, including …
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
University of Michigan Journal of Law Reform
This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.
Private Responsibility For The Costs Of Care In Public Mental Institutions, David W. Mernitz
Private Responsibility For The Costs Of Care In Public Mental Institutions, David W. Mernitz
Indiana Law Journal
No abstract provided.