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Full-Text Articles in Health Law and Policy
Introduction - Rural Healthcare: The Challenges Of A Changing Environment, J. Paul Newell
Introduction - Rural Healthcare: The Challenges Of A Changing Environment, J. Paul Newell
Mercer Law Review
I am delighted to be a part of these proceedings. Just to establish my biases, perhaps more than my credentials, you need to understand that I come to this task from three historical and shaping perspectives. The first is that of Family Medicine. I spent twenty-three years of my career in academic Family Medicine and continue to view that particular primary care discipline as the one best suited for providing patient access into the medical system, because of the broad base of training and education it provides for its graduates in the knowledge, skills, and attitudes needed to take care …
Rural Health Care And State Antitrust Reform, Michael S. Jacobs
Rural Health Care And State Antitrust Reform, Michael S. Jacobs
Mercer Law Review
Now more than a hundred years old, the federal antitrust laws seek generally to promote and preserve business competition. Over the past twenty years, courts and regulatory agencies have applied this broad goal in a narrow economic sense, defining "competition" not as rivalry, for example, but as those forms of business activity most conducive to "consumer welfare." Consumer welfare, in this sense, is thought to be maximized when markets produce the greatest output of goods or services at the lowest prices with the widest range of consumer choice. For purposes of analysis, antitrust courts view all markets and market participants …
Privatization Of Rural Public Hospitals: Implications For Access And Indigent Care, Phyllis E. Bernard
Privatization Of Rural Public Hospitals: Implications For Access And Indigent Care, Phyllis E. Bernard
Mercer Law Review
Public hospitals have long functioned as the primary source of acute care services in rural communities. Yet, just as the farm crisis and population shifts of the 1980s eroded the economic base of rural America, these same factors-coupled with changes in health care financing-have eroded the stability of rural hospitals. Many have closed or converted to subacute services. Other hospitals, facing the threat of future insolvency, inability to upgrade technology, loss of patient revenue base, or legal obstacles in forming cooperative networks with other providers, have opted to surrender their cumbersome governmental status to become leaner, private players in the …
When A Hospital Becomes Catholic, Lisa C. Ikemoto
When A Hospital Becomes Catholic, Lisa C. Ikemoto
Mercer Law Review
Mention of this topic-the potential elimination of health services resulting from a merger or affiliation between Catholic and non-Catholic hospitals-rarely triggers discussions about "community health." It does trigger comments about abortion' and First Amendment Free Exercise and Establishment concerns.2 Some have characterized the issues arising out of these alliances as "women's reproductive health" issues,' but few have described the issues in terms of community health. Perhaps the phrase, "women's reproductive health," suggests why. Women's health is often understood to be reproductive health, or as the narrower issue, abortion. Unfortunately, it seems to go without saying, that women's reproductive health is …
In The Matter Of Baby K: The Fourth Circuit Stretches Emtaia Even Further, Kevin T. Brown
In The Matter Of Baby K: The Fourth Circuit Stretches Emtaia Even Further, Kevin T. Brown
Mercer Law Review
In 1994, the Fourth Circuit Court of Appeals reaffirmed its position on the applicability of the Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) when it decided In re Baby "K". Baby K, an anencephalic infant, was born in the hospital in October 1992. Anencephaly is a congenital malformation found in a very small number of infants in which a major portion of the brain, skull, and scalp are missing. One of the missing components of the brain is the cerebrum, which provides cognitive abilities and awareness and allows interaction with our surroundings. Baby K, therefore, lacked …
Compassion In Dying V. Washington: A Resolution To The "Jurisprudence Of Doubt" Enshrouding Physician-Assisted Suicide?, Stephen J. Tyde Jr.
Compassion In Dying V. Washington: A Resolution To The "Jurisprudence Of Doubt" Enshrouding Physician-Assisted Suicide?, Stephen J. Tyde Jr.
Mercer Law Review
By affirming a district court decision holding Washington's criminal prohibition of assisted suicide unconstitutional, an en banc Ninth Circuit in Compassion in Dying v. Washington reversed a three judge panel decision and proffered the most reasoned and carefully drafted opinion yet in the battle surrounding terminally ill patients and their quest to legally pursue physician-assisted suicide. Three terminally ill patients, five physicians who treat terminally ill patients, and Compassion in Dying, an organization that provides counseling and assistance to mentally competent, terminally ill adults considering suicide, challenged the statute under the Due Process and Equal Protection Clauses of the Fourteenth …