Erisa, Agency Costs, And The Future Of Healthcare In The United States Erisa, Agency Costs, And The Future Of Healthcare In The United States, 2012 Loyola University Chicago
Erisa, Agency Costs, And The Future Of Healthcare In The United States Erisa, Agency Costs, And The Future Of Healthcare In The United States, John Bronsteen
John Bronsteen
No abstract provided.
'How's My Doctoring?' Patient Feedback's Role In Assessing Physician Quality, 2012 University of Missouri - Kansas City, School of Law
'How's My Doctoring?' Patient Feedback's Role In Assessing Physician Quality, Ann Marie Marciarille
Faculty Works
A society-wide consumer revolution is underway with the rise of online user-generated review websites such as Yelp, Angie’s List, and Zagat. Service provider reviews are now available with an intensity and scope that attracts increasing numbers of reviewers and readers. Health care providers are not exempt from this new consumer generated scrutiny though they have arrived relatively late to the party and as somewhat unwilling guests.
The thesis of this article is that online patient feedback on physicians is relevant and valuable even though it is also uncomfortable for health care providers. This is because the modern physician-patient relationship is …
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, 2012 American University Washington College of Law
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith
Presentations
sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.
Towards Determining Legal Parentage By Agreement In Israel, 2012 Netanya Academic College
Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit
Hezi Margalit
In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …
Syringe Confiscation As An Hiv Risk Factor: The Public Health Implications Of Arbitrary Policing In Tijuana And Ciudad Juarez, Mexico, 2012 Northeastern University School of Law
Syringe Confiscation As An Hiv Risk Factor: The Public Health Implications Of Arbitrary Policing In Tijuana And Ciudad Juarez, Mexico, Leo Beletsky, Remedios M. Lozada, Tommi Gaines, Daniela Abramovitz, Hugo Staines, Alicia Vera, Gudelia Rangel, Steffanie Strathdee, Jaime Arredondo
Leo Beletsky
Female sex workers who inject drugs (FSW-IDUs) face elevated risk for HIV/STIs and constitute a key population for public health prevention. Through direct and indirect pathways including human rights violations, policing practices like syringe confiscation can compound FSW-IDU health risk and facilitate the spread of disease. We studied correlates of experiencing syringe confiscation among FSW-IDUs in northern Mexico, where formal policy allows for syringes to be available over-the-counter without a prescription, but police practices are often at odds with the law. FSW-IDUs reporting recent syringe sharing and unprotected sex with clients in Tijuana and Ciudad Juarez were administered surveys and …
An O’Neill Institute Briefing Paper: The Supreme Court’S Landmark Decision On The Affordable Care Act: Healthcare Reform’S Ultimate Fate Remains Uncertain, 2012 Georgetown University Law Center
An O’Neill Institute Briefing Paper: The Supreme Court’S Landmark Decision On The Affordable Care Act: Healthcare Reform’S Ultimate Fate Remains Uncertain, Emily W. Parento, Lawrence O. Gostin
O'Neill Institute Papers
The Supreme Court’s decision on the constitutionality of the Patient Protection and Affordable Care Act (ACA) is a landmark on the path toward ensuring universal access to health care in the United States. In a 5-4 decision written by Chief Justice Roberts, the Court upheld the law in its entirety with the sole exception that Congress may not revoke existing state Medicaid funding to penalize states that decline to participate in the Medicaid expansion under the ACA. In this O’Neill Institute Briefing, we explain and analyze the Court’s decision, focusing on the individual purchase mandate and the Medicaid expansion, while …
Ancillary Joint Ventures And The Unanswered Questions After Revenue Ruling 2004-51, 2012 Selected Works
Ancillary Joint Ventures And The Unanswered Questions After Revenue Ruling 2004-51
Gabriel O Aitsebaomo
Ever since the Internal Revenue Service (the "Service") issued Revenue Ruling 98-15… in which it emphasized "control" as a critical factor in determining whether a tax-exempt hospital that enters into a whole-hospital joint venture with a for-profit entity would continue to maintain its tax-exemption, practitioners and scholars alike have sought guidance from the Service regarding whether such "control" would also be required of an exempt organization that enters into an "ancillary joint venture" with a for-profit entity. In response, the Service issued Revenue Ruling 2004-51 on May 6, 2004.
… In Revenue Ruling 2004-51, the Service enunciated that a tax-exempt …
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, 2012 Selected Works
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
Gabriel O Aitsebaomo
This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …
Newsletter Summer 2012, 2012 University of Maryland Francis King Carey School of Law
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, 2012 Netanya Academic College
Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit
Hezi Margalit
Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …
Common Law Constitutionalism, The Constitutional Common Law, And The Validity Of The Individual Mandate, 2012 Cleveland State University College of Law
Common Law Constitutionalism, The Constitutional Common Law, And The Validity Of The Individual Mandate, Abigail R. Moncrieff
Law Faculty Articles and Essays
The paper proceeds as follows. Part I describes the constitutional common law and its interactions with common-law constitutionalism. Part II uses the fight over the constitutionality of the Patient Protection and Affordable Care Act (ACA) and its so-called "individual mandate" as a case study to flesh out the core differences between common-law constitutionalism and constitutional common law. Part III argues that a viable justification for a living constitution needs to embrace and defend the courts' essentially political nature, confronting head-on the (skyscraper) originalists' sense that courts should never do politics.
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare, 2012 Cleveland State University College of Law
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare, Abigail R. Moncrieff
Law Faculty Articles and Essays
One place where judges are becoming increasingly involved is in dormant Commerce Clause cases, and it would have been possible to issue the exact same holding in Sorrell by using dormant commerce analysis. To make the exact same challenge (it would have been up to the litigants, but) it would have been possible to present a similar challenge on dormant Commerce Clause grounds and to have said that this creates uneven regulation for pharmaceutical companies that need to craft different marketing approaches for different states according to different rules about what kinds of data they're allowed to use and not …
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, 2012 Boston University School of Public Health; Boston University School of Law
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Faculty Scholarship
The Supreme Court will decide two major Medicaid cases this term that raise major questions about the program and the tensions it creates between the federal government and the states. The Court heard oral arguments on October 3d in Douglas v. Independent Living Center, a dispute between California and its Medicaid providers regarding reimbursement cuts due to California’s budget crisis. The Medicaid providers argue that these proposed cuts are so extreme as to violate federal law and thus the Supremacy Clause. Their contention hinges on the Equal Access Provision of the Medicaid Act, which commands states to pay healthcare providers …
United States V. Diaz: The Gap Between Medication And Restoration, 2012 Mercer University School of Law
United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum
Mercer Law Review
In United States v. Diaz, the United States Court of Appeals for the Eleventh Circuit, in a case of first impression, determined whether the state met its burden in applying the United States Supreme Court's test articulated in Sell v. United States, to involuntarily medicate an incompetent, schizophrenic defendant. Based on the Sell test that was established in 2003, the court of appeals had to determine which evidentiary findings were sufficient to meet the clear and convincing evidence standard allowing the State of Georgia to forcibly medicate the appellant, Michael Diaz. The court of appeals found no clear …
Physician Reimbursement And Other Payment Reforms Under The Affordable Care Act, 2012 Boston College Law School
Physician Reimbursement And Other Payment Reforms Under The Affordable Care Act, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
The Role Of Employer-Based Health Insurance In Health Care Reform, 2012 Boston College Law School
The Role Of Employer-Based Health Insurance In Health Care Reform, Dean Hashimoto
Dean M. Hashimoto
A BC Law Brown Bag presentation on employer health insurance.
Advisory Board Member, 2012 Boston College Law School
Relationship Of Sleep Deficiency To Perceived Pain And Functional Limitations In Hospital Patient Care Workers, 2012 Harvard School of Public Health
Relationship Of Sleep Deficiency To Perceived Pain And Functional Limitations In Hospital Patient Care Workers, Orfeu Buxton, Karen Hopcia, Grace Sembajwe, James Porter, Jack Dennerlein, Christopher Kenwood, Anne Stoddard, Dean Hashimoto, Glorian Sorensen
Dean M. Hashimoto
Objective: Health care workers are at high risk of developing musculoskeletal symptoms and pain. This study tested the hypothesis that sleep deficiency is associated with pain, functional limitations, and physical limitations that interfere with work. Methods: Hospital patient care workers completed a survey (79% response rate) including measures of health, sociodemographic, and workplace factors. Associations of sleep deficiency with pain, work interference due to this pain, and functional limitations were determined. Results: Of 1572 respondents (90% women; mean age, 41 years), 57% reported sleep deficiency, 73% pain in last 3 months, 33% work interference, and 18% functional limitation. Sleep deficiency …
National Federation Of Independent Business V. Sebelius, 2012 Santa Clara Law
National Federation Of Independent Business V. Sebelius, Supreme Court Of The United States
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Off Premises Sunday Sales In Georgia Localities: Will It Affect Traffic Accidents?, 2012 Kennesaw State University
Off Premises Sunday Sales In Georgia Localities: Will It Affect Traffic Accidents?, Forrest Rose, Nathan Dunkel
Georgia Journal of Public Policy
Discussions about public policy relating to alcohol cause a polarizing reaction to many people in this country, particularly in the South. The state of Georgia, for example, has a long history of policies regulating alcohol which reflects its membership as part of the “Bible Belt” where Sunday is regarded as a holy day and therefore alcohol cannot and should not be purchased on this day. Given that the impetus of alcohol control policy has generally widened the availability of alcohol since the Prohibition, the moral concerns of voters regarding alcohol regulation have been superseded in the public debate with safety …