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Journal

Belmont Health Law Journal

Health care, healthcare

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Full-Text Articles in Legal Writing and Research

Fraud And Abuse Panel, Ellen Bowden Mcintyre, Patsy Powers, Brian Roark, Daniel Patten Jan 2017

Fraud And Abuse Panel, Ellen Bowden Mcintyre, Patsy Powers, Brian Roark, Daniel Patten

Belmont Health Law Journal

A panel discussion on some concerns that we have about value based reimbursement structures. The panel today consists of two private practice attorneys and one government attorney. We have litigators and regulatory attorneys, so a good mix of attorneys across the spectrum.


What's Next?, Jim Cooper Jan 2017

What's Next?, Jim Cooper

Belmont Health Law Journal

This is the way I see the progression of recent American history. Unfortunately, the South was always a bastion of fee-for-service care; it still largely is. Managed care has largely failed us because it was largely managing costs, not care, in the ‘80s and ‘90s. Providers talk about value-based care, and “better” is better, but “better” is very hard to define. This field is very trendy right now. I’m a big advocate for pay-for-performance, but you have to be able to measure performance. So, what’s next? The bottom line is that “better” is still way too expensive. Health costs are …


Industries Perspective On Healthcare: Delivery In An Uncertain Policy Future, Dick Cowart, Darin Gordon, Michael Regier, Debbie Farringer Jan 2017

Industries Perspective On Healthcare: Delivery In An Uncertain Policy Future, Dick Cowart, Darin Gordon, Michael Regier, Debbie Farringer

Belmont Health Law Journal

Our panelists are here to give their Industry Perspectives. The Industry seems like it changes day to day, with everything that is happening. It is currently a moving target, in terms of where things are going and what can be expected. The discussion today will be about “what are some of the various things that have been thrown out there that might be changing the landscape of healthcare and what can practitioners think about?” and “What do we need to consider?” Hopefully can just have some good conversation about various policy proposals and pieces and parts of health care reform.


Not Guilty, Again, Chase Doscher Jan 2017

Not Guilty, Again, Chase Doscher

Belmont Health Law Journal

Historically, there has been little incentive for healthcare and pharmaceutical corporations to adhere strictly to federal administrative regulations. The monetary penalties, while in the billions of dollars, have paled in comparison to the profits reaped by the unlawful marketing, off-label usages, and fraudulent billing to federal healthcare programs. In 2015, former Attorney General, Sally Yates, issued the now famous Yates Memorandum to take the first step in curbing this trend of corporate misconduct. Through this memorandum, the Department of Justice reaffirmed its commitment to prosecuting not only corporations, but to hold their executives personally liable for regulatory violations committed under …


The Expansion Of The “Right To Die”: Physician-Assisted Suicide, Concepts Of State Autonomy & The Proper Political Process For Legalization, Zachary Gureasko Jan 2017

The Expansion Of The “Right To Die”: Physician-Assisted Suicide, Concepts Of State Autonomy & The Proper Political Process For Legalization, Zachary Gureasko

Belmont Health Law Journal

Physician-assisted suicide has been the subject of fierce debate over the past few decades, and there is no doubt that it is an extremely sensitive issue with compelling arguments from both its detractors and its supporters. Its opponents usually refer to the practice of physician-assisted suicide by either that name, simply “suicide”, or euthanasia. Advocates of physician-assisted suicide term the procedure as physician-assisted death, physician aid in dying, or “death with dignity.” This Note will use the term “physician-assisted suicide”, as that seems to be the most neutral way to term the practice. In order to make sure that the …