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1992

Health Law and Policy

Annals of Health Law

Articles 1 - 16 of 16

Full-Text Articles in Law

Internal Revenue Service General Counsel's Memorandum Threatens Tax Exemption For Charitable Hospitals, David W. Ball Jan 1992

Internal Revenue Service General Counsel's Memorandum Threatens Tax Exemption For Charitable Hospitals, David W. Ball

Annals of Health Law

A recent memorandum from the General Counsel of the Internal Revenue Service changes the standard against which tax exempt entities will be measured, which change can adversly affect charitable hospitals' tax exempt status. In addition, the memorandum makes clear that a violation of the Anti-Kickback statute, discussed in Mr. Aaron's article, is inconsistent with tax exempt status.


Patching The Patchwork Quilt: "Reforming" The Medicaid Program - The Medicaid Program - The Medicaid Voluntary Contribution And Provider-Specific Tax Amendments Of 1991, Michael O. Spivey Jan 1992

Patching The Patchwork Quilt: "Reforming" The Medicaid Program - The Medicaid Program - The Medicaid Voluntary Contribution And Provider-Specific Tax Amendments Of 1991, Michael O. Spivey

Annals of Health Law

Congress modified the Medicaid program by restricting states' sources of funding, capping payments to certain hospitals, and altering the relationship between the states and the federal government. While the legislation puts to rest an ongoing dispute between the state and federal governments, it does not improve access to or quality of care nor address fundamental problems with the Medicaid program; it is simply another patch to the patch-work quilt called Medicaid.


Physician Credentialing In Managed Care, Alan Bloom Jan 1992

Physician Credentialing In Managed Care, Alan Bloom

Annals of Health Law

The managed care industry is increasingly using physician credentialing when seeking health care providers. The credentialing process must be conducted in a manner that meets the goals of the managed care program.


Legal And Policy Aspects Of Home Care Coverage, S. Mitchell Weitzman Jan 1992

Legal And Policy Aspects Of Home Care Coverage, S. Mitchell Weitzman

Annals of Health Law

Home health care is a compassionate, cost-effective, and practical alternative for some individuals who require long-term or constant care. However, the coverage of home health care costs is far from comprehensive under the Medicare, Medicaid, and private pay systems. A uniform and comprehensive coverage system is necessary.


Whether A Generic Defect Is A Disability Under The Americans With Disabilities Act: Preventing Genetic Discrimination By Employers, Charles B. Gurd Jan 1992

Whether A Generic Defect Is A Disability Under The Americans With Disabilities Act: Preventing Genetic Discrimination By Employers, Charles B. Gurd

Annals of Health Law

The Americans with Disabilities Act will not protect all forms of discrimination based upon one's genetic make up. Legislation is needed to prevent genetic discrimination.


Antitrust In The Early 1990'S: Challenges To New Competitive Strategies, Alan P. Sherbrooke Jan 1992

Antitrust In The Early 1990'S: Challenges To New Competitive Strategies, Alan P. Sherbrooke

Annals of Health Law

The early 1990's brought a number of cases that raise challenges to new competitive strategies. As health care providers seek to gain a competitive advantage, courts are being asked to review practices under antitrust laws.


Using Good Samaritan Acts To Provide Access To Health Care For The Poor: A Modest Proposal, Bridget A. Burke Jan 1992

Using Good Samaritan Acts To Provide Access To Health Care For The Poor: A Modest Proposal, Bridget A. Burke

Annals of Health Law

Some states are providing immunity to those willing to voluntarily provide health care for the poor. The proposal is a modest and questionable step toward solving the health care access dilemma.


Aids In The Healthcare Workplace: Rights And Responsibilities, Carol J. Gerner Jan 1992

Aids In The Healthcare Workplace: Rights And Responsibilities, Carol J. Gerner

Annals of Health Law

With the increasing spread of AIDS and HIV courts are confronted with the task of balancing the need of public disclosure of a healthcare worker's HIV status against that individual's right to privacy.


Comparative Health Law, Annals Of Health Law Jan 1992

Comparative Health Law, Annals Of Health Law

Annals of Health Law

No abstract provided.


Recent Canadian Developments In The Treatment Of Children And Their Evidence In Criminal Sexual Abuse Cases, Alison Harvison Young Jan 1992

Recent Canadian Developments In The Treatment Of Children And Their Evidence In Criminal Sexual Abuse Cases, Alison Harvison Young

Annals of Health Law

No abstract provided.


Closing The Gap Between Courts And Social Agencies - The Judge's Perspective, Francois J. Godbout Jan 1992

Closing The Gap Between Courts And Social Agencies - The Judge's Perspective, Francois J. Godbout

Annals of Health Law

No abstract provided.


Children's Rights To Equality: Protection Versus Paternalism, Colleen Sheppard Jan 1992

Children's Rights To Equality: Protection Versus Paternalism, Colleen Sheppard

Annals of Health Law

No abstract provided.


Child Sexual Abuse Prosecutions In Canada: A Measure Of Progress, Nicholas Bala Jan 1992

Child Sexual Abuse Prosecutions In Canada: A Measure Of Progress, Nicholas Bala

Annals of Health Law

No abstract provided.


Foreword, John D. Blum Jan 1992

Foreword, John D. Blum

Annals of Health Law

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 1992

Table Of Contents, Annals Of Health Law

Annals of Health Law

No abstract provided.


Application Of The Medicare And Medicaid Anti-Kickback Statute To Business Arrangements Between Hospitals And Hospital-Based Physicians, Hugh E. Aaron Jan 1992

Application Of The Medicare And Medicaid Anti-Kickback Statute To Business Arrangements Between Hospitals And Hospital-Based Physicians, Hugh E. Aaron

Annals of Health Law

Hospitals and hospital-based physicians enter into a variety of agreements. Given the recent advisory memorandum from the Inspector General of Health and Human Services and a recent administrative decision, these arrangements may violate the Medicare Anti-Kickback statute.