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Articles 1 - 8 of 8
Full-Text Articles in Health Law and Policy
The Fda’S Power Over Non-Therapeutic Uses Of Drugs And Devices, Patricia J. Zettler
The Fda’S Power Over Non-Therapeutic Uses Of Drugs And Devices, Patricia J. Zettler
Washington and Lee Law Review
Although we often—and rightly—think of the U.S. Food and Drug Administration (FDA) as regulating important therapies for patients, the agency also can regulate non-therapeutic uses of drugs and devices. The Federal Food, Drug, and Cosmetic Act defines drugs and devices as including not only products intended to address disease but also those intended to affect the structure or function of the body, such as cognitive enhancements, wrinkle removers, and recreational drugs. Indeed, if these broad definitions were read literally, many everyday consumer products—such as winter jackets intended to keep wearers’ warm—may be drugs or devices. Accordingly, Congress, courts, and the …
“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray
“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray
Washington and Lee Law Review Online
This Note explores recent state efforts to reshape their respective Medicaid programs through Section 1115 waivers. Specifically, this Note looks at states that wish to convert their Medicaid program to a block grant through Section 1115 waivers. Examining the lawfulness of these waivers requires analyzing the language and application of both the Medicaid Act and the Administrative Procedure Act. This Note argues that any use of Section 1115 waivers to implement a block grant program would be a violation of the Medicaid Act and thus unlawful. Further, federal approval of such programs would be deemed arbitrary and capricious. To justify …
The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth
The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost
Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost
Scholarly Articles
This symposium explores the complex relationship between health law and administrative law. It is based on the observation that these two fields of law are peculiarly intertwined. It attempts to understand why this is so, as well as whether it is necessary and whether it is desirable. Would we as a society, that is, be better off if health law were less permeated by administrative law? Even if we would be better off, is it indeed possible to extricate health law from administrative law? This essay begins by defining health law and administrative law. It then proceeds to describe the …
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
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
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.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.