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

Law Commons

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

Health Law and Policy

PDF

Journal

1998

Institution
Keyword
Publication

Articles 1 - 30 of 142

Full-Text Articles in Law

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson Oct 1998

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.


Take Half An Aspirin And Call Your Hmo In The Morning-Medical Malpractice In Managed Care: Are Hmos Practicing Medicine Without A License?, Tom J. Manos Oct 1998

Take Half An Aspirin And Call Your Hmo In The Morning-Medical Malpractice In Managed Care: Are Hmos Practicing Medicine Without A License?, Tom J. Manos

University of Miami Law Review

No abstract provided.


Planned Parenthood Of The Columbia/Willamette, Inc. V. American Coalition Of Life Activists (23 F. Supp. 2d 1182 (1998)), Debbie Karet Sep 1998

Planned Parenthood Of The Columbia/Willamette, Inc. V. American Coalition Of Life Activists (23 F. Supp. 2d 1182 (1998)), Debbie Karet

Buffalo Women's Law Journal

No abstract provided.


Zeneca Pharmaceutical, Inc. V. Eli Lilly: Are Women Being Misled At The Cost Of Their Health?, Suzanne Hill Sep 1998

Zeneca Pharmaceutical, Inc. V. Eli Lilly: Are Women Being Misled At The Cost Of Their Health?, Suzanne Hill

Buffalo Women's Law Journal

No abstract provided.


Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley Sep 1998

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Buffalo Women's Law Journal

No abstract provided.


Abortion Policies In Different States, Irene Chiu Sep 1998

Abortion Policies In Different States, Irene Chiu

Buffalo Women's Law Journal

No abstract provided.


Mandatory Reporting Of Domestic Violence: An Inappropriate Response For New York Health Care Professionals, Mia M. Mcfarlane Sep 1998

Mandatory Reporting Of Domestic Violence: An Inappropriate Response For New York Health Care Professionals, Mia M. Mcfarlane

Buffalo Public Interest Law Journal

No abstract provided.


The Right To Treatment For Involuntarily Committed Sex Offenders In The Wake Of Kansas V. Hendricks, David Depugh Sep 1998

The Right To Treatment For Involuntarily Committed Sex Offenders In The Wake Of Kansas V. Hendricks, David Depugh

Buffalo Public Interest Law Journal

No abstract provided.


Cigarette Law, Daniel Givelber Jul 1998

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.


Lies, Damned Lies, And Narrative, David A. Hyman Jul 1998

Lies, Damned Lies, And Narrative, David A. Hyman

Indiana Law Journal

No abstract provided.


The Fcc And Aids Education: Helping Broadcasters Serve The Public Interest, Jason B. Acton May 1998

The Fcc And Aids Education: Helping Broadcasters Serve The Public Interest, Jason B. Acton

Federal Communications Law Journal

Despite recent advances in medical technology, AIDS remains a very serious international health threat. Even with the presence of new drug therapies that have helped to prolong the lives of those who suffer from the disease, scientists have been unable to develop a cure. Consequently education remains the primary weapon available in the war against AIDS. Unfortunately, AIDS education initiatives have found little support in the broadcast community. To renew their licenses, broadcasters are required to act in the public interest— requirement that has traditionally required very little. However, given the threat AIDS presents to society, the FCC should require …


Chicago Hope Meets The Chicago School, Gail B. Agrawal May 1998

Chicago Hope Meets The Chicago School, Gail B. Agrawal

Michigan Law Review

Twenty-five years after the enactment of the Federal Health Maintenance Organization Act and nearly five years after the failure of proposed federal health care reform, managed care has come to dominate the medical marketplace. As a result, the relationships among patients, payers, and physicians have changed fundamentally and dramatically. In this market-driven environment, health care - how much it costs, who receives treatment, and who pays for it - may have surpassed the weather as a topic of everyday conversation at dinner tables and water coolers across the country. In the popular press, reports concerning managed care, usually derogatory, are …


How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney May 1998

How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney

Michigan Law Review

There's an old joke about a Southern preacher who is asked whether he believes in the sacrament of infant baptism. "Believe in it?" thunders the preacher. "Hell, son, I've seen it done." In Mortal Peril: Our Inalienable Right to Health Care?, Richard Epstein gives testimony that markets should be left unfettered to distribute health care services. Arguing from first principles, he aims to persuade that the messy, confusing business of health care is best dealt with by simple legal rules: permit free contracting, countenance no government-induced subsidies, recognize no positive rights. One leaves this particular revival tent feeling he …


Community Rating: New York's Empire Blues, Jeremy J. Best Apr 1998

Community Rating: New York's Empire Blues, Jeremy J. Best

Buffalo Law Review

No abstract provided.


New York Managed Care Legislation: A Substantive Response To Corporate Medicine Or A Token Gesture To Ease Consumer Concerns?, Ryan L. Everhart Apr 1998

New York Managed Care Legislation: A Substantive Response To Corporate Medicine Or A Token Gesture To Ease Consumer Concerns?, Ryan L. Everhart

Buffalo Law Review

No abstract provided.


Sex Discrimination And Insurance For Contraception, Sylvia A. Law Apr 1998

Sex Discrimination And Insurance For Contraception, Sylvia A. Law

Washington Law Review

Unintended pregnancy is a serious problem in the United States. Most private insurance plans do not pay for contraception even though they pay for other prescription drugs and devices. This Article argues that this pattern constitutes sex discrimination and is prohibited by Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. It discusses the reasons this issue has been neglected and suggests ways federal and state officials might remedy this common form of gender discrimination.


Grandmothers And Teamsters: How The Nlrb's New Approach To The Supervisory Status Of Charge Nurses Ignores The Reality Of The Nursing Home, Jonathan Edward Motley Apr 1998

Grandmothers And Teamsters: How The Nlrb's New Approach To The Supervisory Status Of Charge Nurses Ignores The Reality Of The Nursing Home, Jonathan Edward Motley

Indiana Law Journal

No abstract provided.


Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner Mar 1998

Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner

Federal Communications Law Journal

The Clinton Administration's Health Information and Applications Working Group promotes networked health information provided to all citizens through the Internet as one way to lower health care costs while improving the health of Americans. Managed care organizations and private health information providers already use the World Wide Web to disseminate consumer health information to broad segments of society. No standards exist to ensure that the information these Web sites carry is accurate and otherwise free from corruption. Disclaimers as to the reliability of the information as well as to the responsibility of the information provider for any harm caused by …


Teen Prostitution In Japan: Regulation Of Telephone Clubs, Andrew D. Morrison Mar 1998

Teen Prostitution In Japan: Regulation Of Telephone Clubs, Andrew D. Morrison

Vanderbilt Journal of Transnational Law

The history of prostitution in Japan may be traced to the eighth century. Originally, prostitutes carried on their trade individually and independently. Around the thirteenth century, however, the nature of prostitution changed, as prostitutes formed small enterprises located in red-light districts. By the seventeenth century, red-light districts existed throughout Japan.

In 1900, the Japanese government, realizing the widespread proliferation of the prostitution industry, passed the Regulation for Control of Prostitutes. The law regulated prostitution nationwide by requiring prostitutes to register with local government authorities and to undergo regular health inspections. This system continued until the end of World War Two, …


Table Of Contents, Annals Of Health Law Jan 1998

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


States, Congress, Or The Courts: Who Will Be First To Reform Erisa Remedies?, Curtis D. Rooney Jan 1998

States, Congress, Or The Courts: Who Will Be First To Reform Erisa Remedies?, Curtis D. Rooney

Annals of Health Law and Life Sciences

Curtis Rooney's article reviews the ERISA law and it relationship to managed care. The piece continues with a review of the relevant preermption provisions and a extentivsive discussion of related U.S. Supreme Court decisions. The author discusses malpractice and design liabilities. The article concludes with a discussion of reform initiatives directed toward the ERISA preemption and damage provisions.


Responsibilities Of Directors Of Not-For-Profit Corporations Faced With Sharing Control With Other Nonprofit Organizations In Health Industry Affiliations: A Commentary On Legal And Practical Realities, L. Edward Bryant Jr. Jan 1998

Responsibilities Of Directors Of Not-For-Profit Corporations Faced With Sharing Control With Other Nonprofit Organizations In Health Industry Affiliations: A Commentary On Legal And Practical Realities, L. Edward Bryant Jr.

Annals of Health Law and Life Sciences

This article concerns the legal responsibilities of not-for-profit corporation directors in merges and affiliations with other not-for-profits. The article considers three sets of legal duties board members have, ancillary contractual obligations, madatory statutes and procedural laws, and contextual legal duties.


Recent Chages To The Internal Revenue Code May Require Tax-Exempt Hospitals To Restructure Ownership Of Certain Activities, Joseph C. Mandarino Jan 1998

Recent Chages To The Internal Revenue Code May Require Tax-Exempt Hospitals To Restructure Ownership Of Certain Activities, Joseph C. Mandarino

Annals of Health Law and Life Sciences

This article by attorney Mandarino explores the implications of a 1997 change in the Internal Revenue Code affecting tax-exempt hospitals which run or operate for-profit businesses. The piece explores the application of prior law to hospital ownership of for profit ventures and continues on to review the implications of the 1997 amendment, particularly on existing structures. The article concludes with suggestions to avoid applications of the amended section.


A Look Back At The Year In Health Law, Jeffrey R. Bennett Jan 1998

A Look Back At The Year In Health Law, Jeffrey R. Bennett

Annals of Health Law and Life Sciences

The Bennett article takes us back to 1997 and reviews key legislators, regulations and judicial developments in Medicare, antitrust, tax and ERISA, all of which greatly impact the practice of health law.


A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley Jan 1998

A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley

Campbell Law Review

This Comment begins with an overview of the Employee Retirement Income Security Act (ERISA) and the preemption clause found therein. Section III explains the distinction between quality and quantity of care, the test many courts have relied on to determine whether ERISA preempts a medical malpractice claim. Section IV examines state common law theories of liability which are asserted against managed care organizations, specifically claims of direct and vicarious liability. Section V addresses the HMO's role in medical decision making, and Section VI describes recent legislation regarding ERISA and HMO liability. This Comment contends that the more active role an …


Kidcare And The Uninsured Child: Options For An Illinois Health Insurance Plan, Anna Wermuth Jan 1998

Kidcare And The Uninsured Child: Options For An Illinois Health Insurance Plan, Anna Wermuth

Loyola University Chicago Law Journal

No abstract provided.


Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill Jan 1998

Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.


Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament Jan 1998

Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Mandatory Hiv Testing For Convicted Or Accused Sex Offenders: Toward A Model Scheme, Kimberly Smith Jan 1998

Mandatory Hiv Testing For Convicted Or Accused Sex Offenders: Toward A Model Scheme, Kimberly Smith

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller Jan 1998

Comments On The Second Report Of The Maryland Attorney General's Research Working Group, Franklin G. Miller

Journal of Health Care Law and Policy

No abstract provided.