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Full-Text Articles in Health Law and Policy
The Stark Law In Retrospect, Patrick A. Sutton
The Stark Law In Retrospect, Patrick A. Sutton
Annals of Health Law and Life Sciences
Considering the ultimate goals of preventing the over-utilization of medical services and protecting the Medicare program, are the numerous phases of the Stark Law and their concomitant regulations effective; or, conversely, has the legislation served to impede entrepreneurialism among physicians to the detriment of innovations and better integration in the delivery of medical treatment? This article endeavors to answer the above question through an analysis of the policy goals behind the legislation; the evolution of its regulations; its effect on competitiveness in the field of medicine; and the ethical considerations implicated by the issue of physician self-referral. It further offers …
Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs
Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs
Annals of Health Law and Life Sciences
Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principles, depending on the facts and issues involved. Nevertheless, Supreme Court jurisprudence is internally consistent. The Court has applied a level of scrutiny that, while rigorous, is more flexible than strict scrutiny. I denote this as "enhanced …
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
From Clinical Integration To Accountable Care, Mark Shields
From Clinical Integration To Accountable Care, Mark Shields
Annals of Health Law and Life Sciences
Four key challenges to reforming health care organizations can be addressed by a clinical integration model patterned after Advocate Physician Partners (APP). These challenges are: predominance of small group practices, dominant fee-for-service reimbursement methods, weaknesses of the traditional hospital medical staff structure and a need to partner with commercial insurance companies. APP has demonstrated teamwork between 3800 physicians and hospitals to improve quality, patient safety and cost-effectiveness. Building on this model, an innovative contract with Blue Cross Blue Shield of Illinois serves as a prototype for a commercial Accountable Care Organization. For this contract to succeed, APP must outperform the …
The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean
The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean
Annals of Health Law and Life Sciences
The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate …
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Public Interest Law Reporter
No abstract provided.
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Public Interest Law Reporter
No abstract provided.
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Public Interest Law Reporter
No abstract provided.
The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation, Richard Doan
The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation, Richard Doan
Annals of Health Law and Life Sciences
This article addresses the federal government's expansive methods in tackling healthcare fraud, particularly in misapplying the False Claims Act. Although tasked with the obligation to curtail the fraudulent submission of Medicare & Medicaid claims, the U.S. government must rein in the current trend to utilize the False Claims Act against smaller medical providers. As the Act's original focus has ebbed in significance, the government has increasingly applied the False Claims Act to circumstances that do not evince actual fraud. In doing so, federal courts have effectively eroded the statute's critical scienter requirement. The federal common-law doctrines of "payment by mistake" …
Squeezing The Middleman: Ending Underhanded Dealing In The Pharmacy Benefit Management Industry Through Regulation, Mark Meador
Squeezing The Middleman: Ending Underhanded Dealing In The Pharmacy Benefit Management Industry Through Regulation, Mark Meador
Annals of Health Law and Life Sciences
Pharmacy benefit management (PBM) companies are the middlemen of the pharmaceutical industry, designing plans for sponsors and insurers and pushing the products of manufacturers. Their unique position can often create conflicts of interest, which has been the basis of much litigation. This article reviews the structure of the PBM industry and analyzes concerns arising from its handling of prescription drug pricing, manufacturer rebates and discounts, and mail order pharmacies. After surveying several legislative proposals, it concludes with a comprehensive outline for legislation to eliminate underhanded dealing in the industry and lower the cost of prescription drugs.
Using Law To Fight A Silent Epidemic: The Role Of Healthy Literacy In Health Care Access, Quality & Cost, Brietta Clark
Using Law To Fight A Silent Epidemic: The Role Of Healthy Literacy In Health Care Access, Quality & Cost, Brietta Clark
Annals of Health Law and Life Sciences
The dominant rhetoric in the health care policy debate about cost has assumed an inherent tension between access and quality on the one hand, and cost effectiveness on the other; but an emerging discourse has challenged this narrative by presenting a more nuanced relationship between access, quality, and cost. This is reflected in the discourse surrounding health literacy, which is viewed as an important tool for achieving all three goals. Health literacy refers to one's ability to obtain, understand and use health information to make appropriate health decisions. Research shows that improving patients' health literacy can help overcome access barriers …
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
Faculty Publications & Other Works
No abstract provided.
Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum
Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum
Faculty Publications & Other Works
No abstract provided.
Table Of Contents , Annals Of Health Law
Table Of Contents , Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Lebron V. Gottlieb Memorial Hospital: Capping Medical Practice Reform In Illinois, Leonard Nelson, Amanda Swanson, Marianne Buckley
Lebron V. Gottlieb Memorial Hospital: Capping Medical Practice Reform In Illinois, Leonard Nelson, Amanda Swanson, Marianne Buckley
Annals of Health Law and Life Sciences
On February 4, 2010 the Illinois Supreme Court struck down Illinois' medical practice reform bill, P.A. 94-677, when it decided Lebron v. Gottlieb Memorial Hospital. Although the court only considered the unconstitutionality of the cap on non-economic damages contained in that bill, an inseverability provision resulted in the invalidation of all of its provisions. The end result of the Lebron decision extends much further than the striking of the cap on non-economic damages. It affects such areas as medical liability insurance law, physician discipline, public disclosure of information, the admissibility of physician statements into evidence, and expert witness standards. …
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Between The Scylla And Charybdis: Physicians And The Clash Of Liability Standards And Cost Cutting Goals Within Accountable Care Organizations, Christopher Smith
Between The Scylla And Charybdis: Physicians And The Clash Of Liability Standards And Cost Cutting Goals Within Accountable Care Organizations, Christopher Smith
Annals of Health Law and Life Sciences
This article seeks to examine the conflict between non-cost-conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations ("ACOs") under the new health care reform law. This article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers' push for cost cutting measures, including ACOs. This article then examines the tension between cost containment efforts and medical liability standards through an examination of the "stuck in the middle" mentality that physicians face …