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1992

Health Law and Policy

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Articles 31 - 60 of 105

Full-Text Articles in Law

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.


Screening And Treatment Of Newborns, Ellen Wright Clayton Jan 1992

Screening And Treatment Of Newborns, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about ...


National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson Jan 1992

National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson

Faculty Scholarship

No abstract provided.


Involuntarily Medicating Condemned Incompetents For The Purpose Of Rendering Them Sane And Thereby Subject To Execution, Matthew S. Collins Jan 1992

Involuntarily Medicating Condemned Incompetents For The Purpose Of Rendering Them Sane And Thereby Subject To Execution, Matthew S. Collins

Washington University Law Review

No abstract provided.


Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew J. Ries Jan 1992

Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew J. Ries

Washington University Law Review

No abstract provided.


Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler Jan 1992

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the ...


Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia Jan 1992

Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia

Journal Articles

Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable ...


The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe Jan 1992

The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe

Mental Health Law & Policy Faculty Publications

No abstract provided.


The Right To Life In Law: The Embryo And Fetus, The Body And Soul, The Family And Society, Stephen C. Hicks Jan 1992

The Right To Life In Law: The Embryo And Fetus, The Body And Soul, The Family And Society, Stephen C. Hicks

Florida State University Law Review

No abstract provided.


Health Law - Federal Preemption Of State Medicare Balance Billing Regulations, R. Anthony Diehl Jan 1992

Health Law - Federal Preemption Of State Medicare Balance Billing Regulations, R. Anthony Diehl

Villanova Law Review

No abstract provided.


Volume 2 Issue 1 (1992), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 1992

Volume 2 Issue 1 (1992), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Future Of Tax-Exemption For Nonprofit Hospitals And Other Health Care Providers, John D. Colombo, Mark A. Hall Jan 1992

The Future Of Tax-Exemption For Nonprofit Hospitals And Other Health Care Providers, John D. Colombo, Mark A. Hall

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Nurse Practitioner In Malpractice Actions: Standard Of Care And Theory Of Liability, Susan E. Baker Jan 1992

The Nurse Practitioner In Malpractice Actions: Standard Of Care And Theory Of Liability, Susan E. Baker

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Bite Mark Evidence: Forensic Odontology And The Law, Steven Weigler Jan 1992

Bite Mark Evidence: Forensic Odontology And The Law, Steven Weigler

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy Jan 1992

The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy

Fordham Urban Law Journal

New York City Mayors have long struggled with what to do with the New York City Health and Hospital Corporation ("HHC"). HHC is neither a city agency nor a department; nor is it a true public benefit corporation or authority. Given recent problems faced by HHC, like the AIDS crisis, evaporating public funding, a shrinking pool from which to hire employees, the movement to make HHC more accountable and connected with city government has grown. This article argues that to fully take advantage of the potential that HHC has, the opposite should be done: HHC should be allowed to vest ...


Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson Jan 1992

Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson

Seattle University Law Review

This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis ...


Torts—Product Liability—Arkansas Adopts Comment K As An Affirmative Defense In Prescription Drug Actions. West V. Searle & Co., 305 Ark. 33, 806 S.W.2d 608 (1991)., Ian Birkett Jan 1992

Torts—Product Liability—Arkansas Adopts Comment K As An Affirmative Defense In Prescription Drug Actions. West V. Searle & Co., 305 Ark. 33, 806 S.W.2d 608 (1991)., Ian Birkett

University of Arkansas at Little Rock Law Review

No abstract provided.