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Articles 1 - 9 of 9

Full-Text Articles in Law

Voluntary Impoverishment To Obtain Government Benefits, John A. Miller Oct 2003

Voluntary Impoverishment To Obtain Government Benefits, John A. Miller

Cornell Journal of Law and Public Policy

No abstract provided.


Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison Oct 2003

Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison

Vanderbilt Law Review

More than a trillion dollars annually is spent on the health care system .... Despite increases in medical care spending that are greater than the rate of inflation, population growth, and Gross Domestic Product growth, there has not been a commensurate improvement in our health status as a nation .... Despite our Nation's wealth, the health care system does not provide coverage to all Americans who want it. These words capture both the essence of America's public health care dilemma and the frustration felt by many of the lawmakers charged with the duty to solve it. The battle to lower …


Border Patrol, Carl E. Schneider Jul 2003

Border Patrol, Carl E. Schneider

Articles

Recently, the Supreme Court has encountered cases that concern perhaps our weightiest bioethical issue-how medical care is to be rationed. But this does not mean that the Court must therefore assess the justice of rationing, as many people incited by many journalists now fondly and firmly believe. In explaining why, we begin with a story about how Learned Hand remembered saying one day to Justice Holmes, "Well, sir, goodbye. Do justice!" Holmes turned quite sharply and said: "That is not my job. My job is to play the game according to the rules." If the Court doesn't do justice, what …


Statewide Penetration And Standard Costs Of Psychotropic Medications, Mary R. Murrin Jun 2003

Statewide Penetration And Standard Costs Of Psychotropic Medications, Mary R. Murrin

Mental Health Law & Policy Faculty Publications

This study will examine differences in pharmaceutical utilization rates relative to financial risk arrangements of differing insurance plans. During the last four years we have noted consistent differences in utilization of expensive, psychotropic medications between individuals enrolled in Health Maintenance Organizations (HMOs), which are at financial risk for the provision of pharmaceuticals, and the MediPass program in which the state bears the risk of pharmacy expenses. Persons in HMOs had lower levels of utilization.


Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley Mar 2003

Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.


The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost Jan 2003

The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost

Scholarly Articles

Though Medicare was from the outset an entitlement under federal law, the status of Medicaid has always been less certain. Arguably, it was the Supreme Court, rather than Congress that first recognized that Medicaid recipients (and providers) could sue the states in federal court to enforce federal Medicaid requirements. A recent widely reported federal court decision, however, called radically into question the continuing existence of a federal Medicaid entitlement. Though this decision has now been reversed, and rejected by other courts, it illustrates the tenuous nature of the Medicaid entitlement, and the need to reconstitute Medicaid as an exclusively federal …


Voluntary Impoverishment To Obtain Government Benefits, John A. Miller Jan 2003

Voluntary Impoverishment To Obtain Government Benefits, John A. Miller

Articles

No abstract provided.


Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie Jan 2003

Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie

Seattle University Law Review

Following this introductory section, Part II presents a comprehensive description of the health financing arrangements available to low-income residents of Washington State, from federally funded Medicaid programs to state-subsidized insurance. The Article concludes in Part III, outlining the interrelationship between these arrangements and the political process, and suggesting that the Washington State Legislature should be aware of how policy actually affects people.


Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz Jan 2003

Why We Need The Independent Sector: The Behavior, Law, And Ethics Of Not-For-Profit Hospitals, Jill R. Horwitz

Articles

Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American hospital industry, using eleven years of data for all urban general hospitals in the country, shows that corporate form accounts for large differences in the provision of specific medical services. Not-for-profit hospitals systematically provide both private and public goods that are in the public interest, and that other forms fail to provide. Two hypotheses are proposed to account for the findings, one legal and one moral. While no causal claims are made, …