Law Commons^™

After The Fall: The Cigarette Papers, The Global Settlement, And The Future Of Tobacco Litigation, Tucker S. Player

South Carolina Law Review

No abstract provided.

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

Journal of Health Care Law and Policy

No abstract provided.

Due Process, Supreme Court New York County: Ramanadhan V. Wing

Touro Law Review

No abstract provided.

Social Services Public Assistance: Bar Participation By Person Convicted Of Violating Of Georgia Medical Assistance Act; Create Medicaid Fraud Forfeiture Act To Freeze Assets Of Fraud Suspects, Katie Wood

Georgia State University Law Review

The Act gives prosecutors the power to freeze and seize the property of Medicaid fraud suspects. The Act also gives the Department of Medical Assistance the authority to prohibit persons previously convicted of Medicaid fraud from participating in the program.

Smoke And Mirrors: Florida's Tobacco-Related Medicaid Costs May Turn Out To Be A Mirage, Christopher May

Vanderbilt Law Review

Since the 1950s, anti-tobacco forces and the United States government have widely publicized the harm that the consumption of cigarettes can cause to humans. Smoking causes diseases of the oral cavity, cardio-pulmonary system, larynx, and bladder. In addition, the use of tobacco may also be related to sterility, ulcers, cancers of several internal organs, and even blindness. The severity of the consequences increases with the amount of consumption.

Experts estimate that 400,000 Americans die each year from smokings almost one out of every five deaths. In addition, the Surgeon General reports that as many as 2,400 deaths occur annually because …

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

West Virginia Law Review

No abstract provided.

How The Tobacco Industry May Pay For Public Health Care Expenditures Caused By Smoking: A Look At The Next Wave Of Suits Against The Tobacco Industry, Mark D. Fridy

Indiana Law Journal

No abstract provided.

Public Relief

Touro 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

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.

Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney

Law and Contemporary Problems

The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.

Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor M. Crosby, Ira M. Leff

Fordham Law Review

No abstract provided.

Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian

Touro Law Review

No abstract provided.

Recovering From Hurricane Andrew: Your Legal Rights

Nova Law Review

No abstract provided.

Rules & Regulations

Touro Law Review

No abstract provided.

America's Health Care System: Condition Critical, John D. Rockefeller Iv

West Virginia Law Review

No abstract provided.

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 …

Due Process

Touro Law Review

No abstract provided.

Rules And Regulations

Touro Law Review

No abstract provided.

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

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.

Medicaid And Medicaid Cost Containment In Massachusetts, Fredric A. Waldstein

New England Journal of Public Policy

The purpose of this article is to describe Medicaid's financial structure and examine cost containment efforts to limit future growth of the program, particularly pertaining to Massachusetts. The principal focus is the Massachusetts Department of Public Welfare and the Massachusetts Medicaid Fraud Control Unit, the two agencies most responsible for Medicaid cost containment in the commonwealth. Because elected officials are unwilling to face directly the troublesome issues surrounding Medicaid and its growth, the government agencies responsible for cost containment have been left to define the scope of the problem, design remedial strategies, and evaluate their success. This process is found …

Project Save: Can It Work?, Madelyn S. Lozano

University of Miami Inter-American Law Review

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Medicaid Primary Care Case Management, The Doctor-Patient Relationship, And The Politics Of Privatization, Rand E. Rosenblatt

Case Western Reserve Law Review

No abstract provided.

Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick

University of Richmond Law Review

As the elderly population increases and medical costs skyrocket, federal and state governments feel increasing pressures to diminish drains on government treasuries caused by the provision of medical care to the elderly. One possible solution would be to require children to shoulder more of the costs of caring for their parents than they already bear as federal and state taxpayers. This article examines this approach and suggests that such a policy is contrary to both federal and state laws.

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 …

The Determination Of Medical Necessity: Medicaid Funding For Sex-Reassignment Surgery, Seth A. Jacobs

Case Western Reserve Law Review

No abstract provided.

The Effect Of Recent Medicaid Decisions On A Constitutional Right: Abortions Only For The Rich?, Michael Lalli

Fordham Urban Law Journal

Article discusses recent abortion decisions since Roe v Wade and the issues left unanswered, namely, must public hospitals now permit the use of their facilities for abortions and are states obliged to pay for abortions for women who cannot afford them.

Supreme Court Decisions: Medicaid Funds Aborted, Janis A. Riker

University of Baltimore Law Forum

No abstract provided.