Law Commons^™

The Battle For Medicare, Isaac D. Buck

Saint Louis University Journal of Health Law & Policy

America is aging. From 2019 to 2060, the total population of Americans over sixty-five will grow from fifty-four million to ninety-five million. Of all Americans, sixteen percent were aged sixty-five and older in 2019; nearly twenty-two percent are projected to be in this age group by 2040. This shift will put unprecedented pressure on the Medicare program. Its enrollment is already in the midst of an unparalleled boom, growing from forty-eight million in 2010 to eighty-six million by just 2035. As it grows in importance and size, the future of Medicare will be dominated by two competing pressures.

First, Medicare …

The Future Of Health Care Must Be Harm Reductionist—To Bring It About, We Need Moral Philosophy, Travis N. Rieder

Saint Louis University Journal of Health Law & Policy

In the United States, more than 100,000 people now die each year from drug overdose, but nearly all of these deaths are preventable. The purpose of this Article is to show that harm reduction interventions could go a long way towards saving these lives, but we don’t adopt many of these interventions, or fail to adopt them at the scale needed. Although it is often suggested by opponents of harm reduction that the interventions are unlikely to actually reduce harm, this Article argues that the empirical debate is largely over—decades of data demonstrate that harm reduction saves lives, promotes health, …

Inefficacy Of The Transparency In Coverage Final Rule In Promoting Cost-Effective Choices, Abigail Jaeger

Saint Louis University Journal of Health Law & Policy

The Transparency in Coverage Final Rule requires health plans to provide beneficiaries with financial information such as estimates of their personalized cost-sharing liabilities for items and services offered by different providers, the plan’s negotiated in-network rates with these providers, and the plan’s allowed out-of-network amounts. The Final Rule is designed to enhance consumers’ access to pricing information under their health plan so they have the ability to make well-informed and cost-effective decisions regarding their health care. However, empirical evidence suggests that the Final Rule will not effectuate its intended purpose. Many consumers lack the high level of health insurance comprehension …

Who Pays First?: Medicaid Third-Party Liability In Florida And Virginia’S Birth-Related Neurological Injury Compensation Programs, Alexandra M. Robbins

Saint Louis University Journal of Health Law & Policy

In response to an impending obstetrician shortage and medical malpractice crisis, the states of Florida and Virginia adopted no-fault birth-related neurological injury compensation programs in the 1980s. Both of these programs provide lifetime coverage for eligible children with serious birth-related neurological injuries; however, both programs treated themselves as the payer of last resort and required families to submit claims to Medicaid first based on an inaccurate interpretation of Medicaid third party-liability (“TPL”) laws and the program-enabling statutes. Both programs’ policies treating themselves as the payer of last resort not only violated Federal and State Medicaid laws, they caused harm to …

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Corporate Law, Business Schools, And White-Collar Crime, Eugene Mccarthy

Saint Louis University Law Journal

No abstract provided.

The Ethics Of Assisting Incarcerated People With Collective Action, Daniel J. Canon

Saint Louis University Law Journal

No abstract provided.

Probable Cause Reform As Bail Reform, Wendy R. Calaway

Saint Louis University Law Journal

No abstract provided.

Compulsion, Indoctrination, And Retribution In State Pledge Of Allegiance Statutes, Allan Walker Vestal

Saint Louis University Law Journal

No abstract provided.

The Insider: Laura Coates’S Just Pursuit And Critiquing Prosecution From Within, Dana Mulhauser

Saint Louis University Law Journal

No abstract provided.

The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon

Saint Louis University Law Journal

No abstract provided.

Yes, We Klan: Reviving The Ku Klux Klan Act To Punish Insurrectionists, Chandni Challa

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren E. Bartlett

Saint Louis University Law Journal

No abstract provided.

On Teaching Crimmigration Law, Philip L. Torrey

Saint Louis University Law Journal

No abstract provided.

Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen

Saint Louis University Law Journal

No abstract provided.

Decolonizing Colorblind Asylum Narratives, Karla Mari Mckanders

Saint Louis University Law Journal

No abstract provided.

Teaching Business Immigration: The Law And The Reality, Da'niel Rowan

Saint Louis University Law Journal

No abstract provided.

How Do You Teach Immoral Laws?, Nicole Hallett

Saint Louis University Law Journal

No abstract provided.

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Saint Louis University Law Journal

No abstract provided.

Certiorari In The Roberts Court, Tejas N. Narechania

Saint Louis University Law Journal

No abstract provided.

The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson

Saint Louis University Law Journal

No abstract provided.

Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton

Saint Louis University Law Journal

No abstract provided.

The New Judicial Power Grab, Josh Chafetz

Saint Louis University Law Journal

No abstract provided.

Consequentialist Retribution’S Real-World Ramifications And How It Impacts Judicial Credibility, Mikayla J. Lewison

Saint Louis University Law Journal

No abstract provided.

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Saint Louis University Law Journal

No abstract provided.

“With Friends Like These . . . .” Doctors And Nurses Criticizing Co-Employed Colleagues. Are These Criticisms Admissible As Vicarious Opposing Party’S Statements?, Marc D. Ginsberg

Saint Louis University Law Journal

Healthcare provider incivility includes non-collegial conduct such as physicians criticizing co-employed physicians when speaking with patients. This conduct is, obviously, disruptive, and does not help to establish productive, collegial, employee relationships.

Additionally, this incivility may have evidentiary consequences in medical/hospital negligence litigation. If the healthcare providers are employed by a hospital or other healthcare organization, the criticisms of co-employed colleagues which are communicated to patients may be admissible against the employer in medical/hospital negligence litigation as vicarious opposing party’s statements. This paper explores this evidentiary curiosity.

Legitimacy Without Legality, Or Bassok

Saint Louis University Law Journal

Beyond the controversy on women’s right to elect an abortion, in Dobbs v. Jackson there is a deep yet hidden disagreement over the Court’s source of legitimacy. The majority judgment speaks of the Court’s source of legitimacy in terms of expertise, while the dissenting opinion speaks of it in terms of public support. My starting point for exposing this disagreement is the divergence between the accurate quote of Alexander Hamilton’s famous dictum from the Federalist No. 78 in Justice Alito’s majority opinion, and dissenting Justice Breyer’s paraphrase of the same dictum in the Dobbs oral arguments. The paraphrased version replaced …