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Articles 1 - 7 of 7

Full-Text Articles in Law

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher Jul 2014

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher

University of Arkansas at Little Rock Law Review

No abstract provided.


Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar Jul 2014

Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar

University of Arkansas at Little Rock Law Review

No abstract provided.


Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison May 2014

Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison

Pepperdine Law Review

While expanding federal involvement in the health care system, the Patient Protection and Affordable Care Act (ACA) preserves states' roles as policy laboratories and private providers' roles as health care delivery laboratories. State-based and provider-based laboratories suffer from many shortcomings, however, as mechanisms to develop, evaluate, and facilitate diffusion of reforms within the health system. This Article argues that the federal government can take steps to address these shortcomings. It first briefly reviews ACA provisions that promote policy and delivery experimentation. It then suggests that by tying funding to policy outcomes, making use of regulatory variation and regulatory menus, and …


The Uneasy Relationship Of Hobby Lobby, Conestoga Wood, The Affordable Care Act, And The Corporate Person: How A Historical Myth Continues To Bedevil The Legal System, Malcolm J. Harkins Iii Jan 2014

The Uneasy Relationship Of Hobby Lobby, Conestoga Wood, The Affordable Care Act, And The Corporate Person: How A Historical Myth Continues To Bedevil The Legal System, Malcolm J. Harkins Iii

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Community Benefit 501(R)Edux: An Analysis Of The Patient Protection And Affordable Care Act’S Limitations Under Community Benefit Reform, Zachary J. Buxton Jan 2014

Community Benefit 501(R)Edux: An Analysis Of The Patient Protection And Affordable Care Act’S Limitations Under Community Benefit Reform, Zachary J. Buxton

Saint Louis University Journal of Health Law & Policy

No abstract provided.


It's A Mistake: Insurer Cost Cutting, Insurer Liability, And The Lack Of Erisa Preemption Within The Individual Exchanges, Christopher Smith Jan 2014

It's A Mistake: Insurer Cost Cutting, Insurer Liability, And The Lack Of Erisa Preemption Within The Individual Exchanges, Christopher Smith

Cleveland State Law Review

In today’s society, most people receive their health insurance through their employers. If their employment-based insurer engages in cost cutting that leads to patient injury, Employee Retirement Income Security Act of 1974 (“ERISA”) preemption means that these people have no state tort-based recourse against their insurers. ERISA is a federal statute that regulates employee benefit plans, and the Supreme Court has interpreted the ERISA statute to preempt most beneficiary state tort claims against an employment-based insurer. In other words, even if the insurer, and not the doctor, caused the patient’s harm, the patient with employment-based insurance can only sue their …


Gel, Acrylic, Or Shellac: The Impact Of Southeast And East Asian Immigrant Nail Salon Workers On The Health Care System, Kelsey-Anne Fung Jan 2014

Gel, Acrylic, Or Shellac: The Impact Of Southeast And East Asian Immigrant Nail Salon Workers On The Health Care System, Kelsey-Anne Fung

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.