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2003

Health Law and Policy

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Articles 1 - 30 of 265

Full-Text Articles in Law

Quale Etica Per I Guidici?, Charles Baron Aug 2013

Quale Etica Per I Guidici?, Charles Baron

Charles H. Baron

No abstract provided.


Normativité Et Biomédecine Aux Etats-Unis, Charles Baron Aug 2013

Normativité Et Biomédecine Aux Etats-Unis, Charles Baron

Charles H. Baron

No abstract provided.


Suicide Médicalement Assisté: L'Exemple De L'Oregon, Charles Baron Aug 2013

Suicide Médicalement Assisté: L'Exemple De L'Oregon, Charles Baron

Charles H. Baron

No abstract provided.


Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker Dec 2003

Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker

ExpressO

This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries …


Bridging Silos, Part I: Linkages Among The Di, Ssi, Medicare, And Medicaid Programs, Karen Matherlee Nov 2003

Bridging Silos, Part I: Linkages Among The Di, Ssi, Medicare, And Medicaid Programs, Karen Matherlee

National Health Policy Forum

This paper, the first of two on the general topic of public disability and health benefits, centers on the fundamentals of the Disability Insurance and Supplemental Security Income programs and their relationships with Medicare and Medicaid. In addition to looking at the programs’ definitions, distinctions, and overlaps, it reviews the effects on them of the Ticket to Work and Work Incentives Improvement Act of 1999 and, to a lesser extent, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.


Bridging Silos, Part Ii: Di, Ssi, Medicare, And Medicaid Issues And Initiatives, Karen Matherlee Nov 2003

Bridging Silos, Part Ii: Di, Ssi, Medicare, And Medicaid Issues And Initiatives, Karen Matherlee

National Health Policy Forum

The second of two papers on the general topic of public disability and health benefits, this background paper lays out some key issues confronting the Social Security Disability Insurance, Supplemental Security Income, Medicare, and Medicaid programs. It also discusses major initiatives to address those issues, in light of growing administrative, fiscal, and other problems.


Sailing Schip Through Troubled Waters, Jennifer Ryan Nov 2003

Sailing Schip Through Troubled Waters, Jennifer Ryan

National Health Policy Forum

As the State Children’s Health Insurance Program (SCHIP) enters its sixth year of operation, states have continued their commitment to children’s coverage and to reaching out to the uninsured. This issue brief explores the current status of SCHIP in light of fiscal pressures that have been created by the state budget crisis. It highlights some of the key successes in the program thus far and notes several examples of state initiatives to serve particularly vulnerable populations and collect outcomes data and information about access to care.


Rural Health Care In The Electronic Age (Danville, Pa), Lisa Sprague, Nora Super Nov 2003

Rural Health Care In The Electronic Age (Danville, Pa), Lisa Sprague, Nora Super

National Health Policy Forum

This site visit to the Geisinger Health System in central Pennsylvania explored the use of technology in providing health care to an aging, rural population with a high index of chronic-care needs. The agenda included an in-depth examination of Geisinger’s electronic medical record and its use in various domains of care, including outpatient clinics, disease management, and non-Geisinger medical practices and community hospitals. The program also highlighted specific care management initiatives in the areas of radiology, stroke, and obesity. Geisinger’s advantages as an integrated system dominant in its market, with the resources to invest in technology were weighed in considering …


Health Care Law, Kathleen M. Mccauley Nov 2003

Health Care Law, Kathleen M. Mccauley

University of Richmond Law Review

No abstract provided.


Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage Nov 2003

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage

Faculty Scholarship

This Essay explores the concept of medical necessity as it has evolved in the judicial and administrative oversight of managed care. The goals of the Essay are to illustrate the range of plausible rationales for establishing administrative procedures to govern medical necessity disputes, and to demonstrate the difficulty of incorporating into those procedures the most important professional and social responsibilities of managed care in today’s health care system. Part I of the Essay explains the ideological and practical significance of medical necessity as managed care has evolved. Part II examines medical necessity as a legal problem, and questions whether current …


Are Biotech Crops And Conventional Crops Like Products? An Analysis Under Gatt, Julian Wong Oct 2003

Are Biotech Crops And Conventional Crops Like Products? An Analysis Under Gatt, Julian Wong

Duke Law & Technology Review

The transatlantic debate over the use of genetically modified organisms ("GMO"s) as food products, with the US as a proponent on one side, and the European Union ("EU") as an opponent on the other, is set to take center stage. The US has initiated formal legal action under the World Trade Organization Dispute Settlement System, charging that the EU violates several agreements of international trade law, including Article III of GATT, an anti-protectionist measure which forbids a country from favoring its own products over imported "like products." The US claims that GMOs and conventional crops are "like products,, and that …


Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta Oct 2003

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

ExpressO

No abstract provided.


Suicide Médicalement Assisté: L'Exemple De L'Oregon, Charles Baron Oct 2003

Suicide Médicalement Assisté: L'Exemple De L'Oregon, Charles Baron

Charles H. Baron

No abstract provided.


Featured Speaker, Investing In The Future: Confronting The Needs Of Girls In The Justice System, Francine Sherman Oct 2003

Featured Speaker, Investing In The Future: Confronting The Needs Of Girls In The Justice System, Francine Sherman

Francine T. Sherman

No abstract provided.


Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt Oct 2003

Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt

ExpressO

No abstract provided.


Dually Eligible For Medicare And Medicaid: Two For One Or Double Jeopardy?, Jennifer Ryan, Nora Super Sep 2003

Dually Eligible For Medicare And Medicaid: Two For One Or Double Jeopardy?, Jennifer Ryan, Nora Super

National Health Policy Forum

This issue brief describes the characteristics of the population of individuals known as “dual eligibles,” who are eligible for health insurance coverage through both Medicare and Medicaid. It also looks at the differences between “full Medicaid” and “supplemental Medicaid” dual eligibles and the ongoing challenges associated with enrollment and eligibility, integration and coordination, and managed care. The paper presents several examples of integrated care programs designed to better serve the dual-eligible population, including the Program of All-Inclusive Care for the Elderly, Evercare, social health maintenance organizations, and state/federal initiatives such as the Wisconsin Partnership Program, Texas STAR+PLUS, and others. Finally, …


Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear Sep 2003

Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear

ExpressO

No abstract provided.


Medical Response For Terrorist And Public Health Threats: One Region's Experience (Pittsburgh), Eileen Salinsky, Lisa Sprague Sep 2003

Medical Response For Terrorist And Public Health Threats: One Region's Experience (Pittsburgh), Eileen Salinsky, Lisa Sprague

National Health Policy Forum

This site visit, planned and convened in conjunction with the Agency for Healthcare Research and Quality’s User Liaison Program, examined the efforts underway in the greater Pittsburgh area to develop emergency medical response capabilities for mass causality events. The site visit explored efforts to improve infectious disease surveillance capabilities and looked at the Region 13 collaborative’s development of a regionalized approach to emergency management planning and response. Hospital preparedness activities were also studied, including a discussion of lessons learned from a recent drill to test response to a radiological event and an exploration of conceptual frameworks to guide hospital planning …


Shaping Public Programs Through Medicare, Medicaid, And Schip Waivers: The Fundamentals, Cynthia Shirk Sep 2003

Shaping Public Programs Through Medicare, Medicaid, And Schip Waivers: The Fundamentals, Cynthia Shirk

National Health Policy Forum

This background paper examines the use of research, demonstration, and program waiver authorities to test new approaches to the delivery of and payment for health care services in federally financed health coverage programs such as Medicare, Medicaid, and the State Children’s Health Insurance Program. The paper also looks at the mechanics of waivers as well as their history and political context in shaping public programs. In addition, it explores the ways the changing state-federal relationship and the ever-growing demand for state flexibility have driven waiver policy.


A Family Affair: Sharing Information About Genetic Diseases, Lyria K. Bennett Moses Sep 2003

A Family Affair: Sharing Information About Genetic Diseases, Lyria K. Bennett Moses

ExpressO

Genetic test results provide information relevant to the future health of the person tested as well as parents, siblings, children and more distant relatives. This Article examines the legal consequences that might follow a decision to share or withhold genetic information. It argues that the obstacles to liability might not be justified in situations where either disclosure of genetic information or silence will cause significant harm.


The Medicare Prescription Drug Proposals And Health Insurance Risk, Dawn Gencarelli Sep 2003

The Medicare Prescription Drug Proposals And Health Insurance Risk, Dawn Gencarelli

National Health Policy Forum

In order to facilitate a better understanding of the complex issues raised by Senate and House proposals to establish a prescription drug benefit for Medicare beneficiaries, this paper briefly addresses some fundamentals of the health insurance market, defines key risk-sharing mechanisms, including risk corridors and reinsurance, and identifies the relevant risk provisions in the bills. Other issues related to cost management strategies and program design, which may have an impact on cost and adverse selection, are also discussed.


Women In Clinical Trials—Where Are They?, Jillian Hemstock Sep 2003

Women In Clinical Trials—Where Are They?, Jillian Hemstock

Buffalo Women's Law Journal

No abstract provided.


Tobacco Regulation Review, V.2, No. 2, Sept. 2003 Sep 2003

Tobacco Regulation Review, V.2, No. 2, Sept. 2003

Tobacco Regulation Review

No abstract provided.


Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris Sep 2003

Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris

Washington and Lee Law Review

No abstract provided.


The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost Sep 2003

The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.


The Politics Of Medicare Reform, Jonathan Oberlander Sep 2003

The Politics Of Medicare Reform, Jonathan Oberlander

Washington and Lee Law Review

No abstract provided.


What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly Sep 2003

What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly

Washington and Lee Law Review

No abstract provided.


Paying For Quality And Doing It Right, Robert A. Berenson Sep 2003

Paying For Quality And Doing It Right, Robert A. Berenson

Washington and Lee Law Review

No abstract provided.


Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney Sep 2003

Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney

Washington and Lee Law Review

No abstract provided.


Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii Sep 2003

Between The Scalpel And The Lie: Comparing Theories Of Physician Accountability For Misrepresentations Of Experience And Competence, Heyward H. Bouknight, Iii

Washington and Lee Law Review

No abstract provided.