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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
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 …
Proceed With Caution: Matters To Consider For Business Lawyers Transitioning Into Health Care, Craig B. Garner
Proceed With Caution: Matters To Consider For Business Lawyers Transitioning Into Health Care, Craig B. Garner
Craig B. Garner
While the subject of health care law makes headlines daily across the nation, there is still a sizeable chasm between health care lawyers and their business counterparts. Sometimes complicated, health care law is by no means exclusive, and opportunities abound for an able practitioner. Notwithstanding, in today’s climate of reform it is essential that those practicing American health care law honor and obey the hierarchy surrounding its discipline as it struggles to stay afloat amid a rising tide of constitutional, partisan and fiscal challenges. In most states, attorneys are mindful that when venturing into areas of law outside their usual …
The Supreme Court Opens The Road To Health Care Reform, But Will California Meet The Challenge?, Craig B. Garner
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
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
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 …
60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner
60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner
Craig B. Garner
In February the Centers for Medicare & Medicaid Services (“CMS”) clarified an oft quoted existing rule: Providers must return overpayments to Medicare within 60 days “after the date on which the overpayment was identified,” or in the alternative, “the date any corresponding cost report is due, if applicable.” For providers of any size, failure to report and return Medicare overpayments pursuant to these temporal requirements may result in potential liability under the Federal False Claims Act, resulting in substantial monetary penalties and the risk of being denied future claims for reimbursement. The systemic problems facing the Medicare system today should …
Are We Fighting The Wrong Health Care Battle?, Craig B. Garner
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
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 …
Adjudicating Health Care Reform By Dissent, Craig B. Garner
Adjudicating Health Care Reform By Dissent, Craig B. Garner
Craig B. Garner
The procedural infrastructure within which the nation’s judicial system operates is as important as the canons of law the Courts espouse. Sometimes, however, courts bypass these procedural tenets without compromising their integrity, often by way of dissenting opinions. On the cusp of a historic moment when it entertains 330 minutes or oral argument on the topic of health care reform, the United States Supreme Court commands the nation’s full attention. Typically known for its stoicism, the Supreme Court recently ruled on another health care related matter, one involving California’s Medicaid program. With what appears to be a majority opinion out …
Health Care Reform: A Time To Wait, Or Expiate?, Craig B. Garner
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.