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Full-Text Articles in Law

The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe Nov 2012

The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe

Craig B. Garner

This article investigates the ways in which the relationships between patient, provider and hospital have evolved in the past fifty years, while paying special attention to the influence of modern health care reform on all parties involved. Using Medicare as the primary standard, the nation’s health care system is examined both historically and in light of recent changes that seek to transition its structure from one that is cost based to an approach that emphasizes performance. It is only through understanding the roots of our health care program that we can make informed decisions designed to improve its future impact …


The Supreme Court Opens The Road To Health Care Reform, But Will California Meet The Challenge?, Craig B. Garner Oct 2012

The Supreme Court Opens The Road To Health Care Reform, But Will California Meet The Challenge?, Craig B. Garner

Craig B. Garner

This article provides an overview of the landmark 2012 United States Supreme Court decision National Federation of Independent Business v. Sebelius. Almost 28 months after President Barack Obama signed the Affordable Care Act (ACA) into law, the Supreme Court upheld the constitutionality of health care reform. Though the underlying arguments set forth in the majority opinion venture deep into the labyrinth of constitutional law and test the traditional boundaries of federalism, the holding itself is clear and concise: the ACA’s individual mandate is constitutional; and the Medicaid expansion provisions found within the ACA survive, but the Federal Government is prohibited …


The Modern Day Compliance Program, Craig B. Garner Sep 2012

The Modern Day Compliance Program, Craig B. Garner

Craig B. Garner

A compliance program bridging the gap between integrity and performance.


The Spectacular Aspect Of Contemporary Health Care, Craig B. Garner Sep 2012

The Spectacular Aspect Of Contemporary Health Care, Craig B. Garner

Craig B. Garner

Abstract: While advances in modern medicine since the introduction of Medicare have in many ways been riveting from a technological, political and sociological standpoint, each new period of change has brought with it a divisiveness that has forced individuals to decide whether the system’s latest step is spectacular in its success or failure. Even as the provision of medicine continues to improve, such a lack of unity has taken its toll on the health care industry, bringing with it a host of sociological and ethical issues that often prevent modern breakthroughs from reaching the greatest number of people. For the …


Are We Fighting The Wrong Health Care Battle?, Craig B. Garner Aug 2012

Are We Fighting The Wrong Health Care Battle?, Craig B. Garner

Craig B. Garner

Although the United States Supreme Court may have finally put to rest any constitutional disagreements over the Affordable Care Act, the debate over health care is far from settled. It comes as no surprise that the aftereffects of the Court's 5-4 split have already trickled down through nearly every aspect of federal and state government, providing scores of pages of partisan fodder that will ensure both sides have ample stock of rhetoric to flame this debate for years to come. For this reason, now is the time to ask ourselves if the nation's focus is on the wrong questions.


The War On Health Care, Craig B. Garner Jun 2012

The War On Health Care, Craig B. Garner

Craig B. Garner

Throughout history, America’s methods of providing health care have always had an understated yet powerful impact on the way she chooses to wage war. And yet, this may be the first time that health care is itself under siege. Indeed, the specter of war has provided countless opportunities to test society’s mettle in battle, while forcing those in power to prioritize in terms of their country’s health care. As sides are drawn and campaigns evolve, the strategies of combat take shape in ways previously unforeseen. This is certainly true in contemporary America, though in our modern age of reform it …


Health Care Reform: A Time To Wait, Or Expiate?, Craig B. Garner Apr 2012

Health Care Reform: A Time To Wait, Or Expiate?, Craig B. Garner

Craig B. Garner

If Dante Alighieri had written an epic poem describing the recent evolution of American healthcare, it might have much in common with his famous Purgatorio. As the nine U.S. Supreme Court Justices continue deliberation on the fate of the 2010 Affordable Care Act, it is unclear whether our nation's healthcare system is heading toward Inferno or Paradiso. While experts on both sides of the aisle attempt to divine the secret codes shared between Justices over a record-breaking three days of oral argument, the rest of us have little choice but to wait until summer for clarity.