Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale Jan 2007

The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale

Faculty Scholarship

Retainer care arrangements allow patients to pay a fee directly to a physician's office in order to obtain special access to care. Practices usually convert to retainer status by concentrating their attention on a small panel and dropping the majority of their patients. Proponents call retainer care a triumph of consumer-directed health care; opponents deride it as boutique medicine. Both sides are deploying a variety of legal tactics in order to attain their goals.

After surveying these conflicts, this article clarifies what is at stake by analyzing the three key features of retainer care: preventive care, queue-jumping, and amenity-bundling. Most …


Cooperative Federalism And Healthcare Reform: The Medicare Part D 'Clawback' Example, Elizabeth Weeks Leonard Jan 2007

Cooperative Federalism And Healthcare Reform: The Medicare Part D 'Clawback' Example, Elizabeth Weeks Leonard

Scholarly Works

This symposium article recounts recent litigation by several states over a provision of the Medicare Modernization Act Part D prescription drug benefit: The clawback, which requires states to pay the a potentially substantial portion of new federal program. I then examine the unique federalism implications of the clawback for ongoing state and federal health reform initiatives.

In spring 2006, several states petitioned the United States Supreme Court for original jurisdiction to hear a challenge to one provision of the new Medicare Part D prescription drug law. The federal government, while taking over prescription drug coverage for dually eligible beneficiaries, required …


Will Medicare Wither On The Vine? How Congress Has Advantaged Medicare Advantage—And What’S A Level Playing Field Anyway?, Robert A. Berenson, Melissa A. Goldstein Jan 2007

Will Medicare Wither On The Vine? How Congress Has Advantaged Medicare Advantage—And What’S A Level Playing Field Anyway?, Robert A. Berenson, Melissa A. Goldstein

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost Jan 2007

Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medicare Advantage Special Needs Plans For “Institutionalized Individuals”: What Advantage To Enrollment?, Alissa Eden Halperin, Patricia Nemore, Vicki Gottlich, Toby Edelman Jan 2007

Medicare Advantage Special Needs Plans For “Institutionalized Individuals”: What Advantage To Enrollment?, Alissa Eden Halperin, Patricia Nemore, Vicki Gottlich, Toby Edelman

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci Jan 2007

Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medicare After The Medicare Modernization Act, Senator David Durenberger Jan 2007

Medicare After The Medicare Modernization Act, Senator David Durenberger

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The New Infrastructure Of Medicare, Thomas L. Greaney Jan 2007

The New Infrastructure Of Medicare, Thomas L. Greaney

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Impact Of The Medicare Modernization Act’S Contractor Reform On Fee-For-Service Medicare, Susan Bartlett Foote Jan 2007

The Impact Of The Medicare Modernization Act’S Contractor Reform On Fee-For-Service Medicare, Susan Bartlett Foote

Saint Louis University Journal of Health Law & Policy

No abstract provided.