Law Commons^™

The Moral Hazard Problem With Privatization Of Public Enforcement: The Case Of Pharmaceutical Fraud, Dayna Bowen Matthew

University of Michigan Journal of Law Reform

This Article takes a law and economics approach to exploring some of the costs that arise when governments rely on private enforcement to accomplish the goals of public law. The analysis focuses on qui tam enforcement under the Civil False Claims Act, because a remarkable body of empirical data demonstrates the expansive role private qui tam relators are playing in enforcing Medicare and Medicaid fraud and abuse laws. The Article further focuses on the application of these laws to the pharmaceutical industry. This focus is enlightening because the Government, as well as private enforcers, have recently targeted this industry so …

New York Medicaid: Never Can Say Goodbye, Joseph Fastiggi

Cornell Journal of Law and Public Policy

No abstract provided.

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Christine M. Shaffer

South Carolina Law Review

No abstract provided.

The Blurred Line Between Nursing Homes & Assisted Living Facilities: How Limited Medicaid Funding Of Assisted Living Facilities Can Save Tax Dollars While Improving The Quality Of Life Of The Elderly, Jennifer Rae Fleming

University of Miami Business Law Review

No abstract provided.

Institute Brief: Minimum Wage Increase: A Guide For Disability Service Providers (Updated 2009), David Hoff

The Institute Brief Series, Institute for Community Inclusion

This publication provides guidance to service providers regarding the increase in minimum wage, with a particular focus on assisting consumers with questions and concerns they may have regarding the impact on their public benefits.

The View From The Bottom: Consumer-Directed Medicaid And Cost-Shifting To Patients, Sidney Watson

Saint Louis University Law Journal

No abstract provided.

Data Note: Ssi Recipients With Disabilities Who Work And Participation In 1619b, Brooke Dennee-Sommers, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Supplemental Security Income (SSI) is a federally funded program that provides cash assistance for basic needs. Individuals with a low-income who are over the age of 65, blind, or have a disability are eligible for assistance. SSI beneficiaries typically also receive health insurance coverage through Medicaid. Losing Medicaid benefits can be of concern for SSI recipients with disabilities who desire to work, or are currently working. Section 1619b of the Social Security Act allows individuals to work and continue to receive Medicaid assistance when their earnings are too high to qualify for SSI cash payments as long as they meet …

"Medicover": A Proposal For National Health Insurance, Maxwell J. Mehlman

Faculty Publications

This Article provides a description of the events leading up to the workshop, the discussion that took place, and the proposal that emerged. The proposal is intended to be a discussion document rather than a final product. It needs greater detail, a clearer sense of its costs and financing mechanisms, and input from stakeholders. Nevertheless, the workshop participants believe that Medicover may be a viable option for helping to solve the current health care crisis.

A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery

Journal of Health Care Law and Policy

No abstract provided.

Cooperative Federalism And Healthcare Reform: The Medicare Part D 'Clawback' Example, Elizabeth Weeks Leonard

Scholarly Works

This symposium article recounts recent litigation by several states over a provision of the Medicare Modernization Act Part D prescription drug benefit: The clawback, which requires states to pay the a potentially substantial portion of new federal program. I then examine the unique federalism implications of the clawback for ongoing state and federal health reform initiatives.

In spring 2006, several states petitioned the United States Supreme Court for original jurisdiction to hear a challenge to one provision of the new Medicare Part D prescription drug law. The federal government, while taking over prescription drug coverage for dually eligible beneficiaries, required …

An Essay On The Need For Subsidized, Mandatory Long-Term Care Insurance, Lawrence A. Frolik

Articles

Imagine yourself in a room with 100 persons, all age sixty. Of the group, fifty-three are women and forty-seven are men. Racially and ethnically they mirror the population of Americans age sixty. Now answer the question: "Before the 100 die, how many will require long-term care and, on the average, for how many days and at what cost?" Give up? So do I. While it is common knowledge that many of us will need long-term care, no one seems to know how many will need such care or for how long. And some of you will ask, 'What do you …