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Full-Text Articles in Law
Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris
Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris
Independent Study Project (ISP) Collection
Brazil has a reputation of being home to some of the worst penitentiary conditions worldwide, eventually leading the United Nations to make an appeal to the Brazilian government in 2003 to analyze their systems and make necessary improvements. The poor conditions and lack of access to legal counsel, living space, and specifically healthcare, cause riots and uprisings within prisons that in the past have lead to death of prisoners and guards. Prisons serve a very specific purpose in society, and according to most social theorists that is to reform, not to torture. In Brazil there is no capital punishment, so …
Crisis Of Care, Dr. Emily Sanchez Salcedo
Crisis Of Care, Dr. Emily Sanchez Salcedo
Center for Business Research and Development
A couple of months prior to my daughter's first birthday, my husband and I decided with heavy hearts to look for a daycare facility that can accommodate our pressing needs. I was on the final months of my doctoral studies with a dissertation waiting to be concluded and defended while reviewing for the New York bar examination and trying to earn a few dollars as a library assistant - there was no way I could still be a full-time mother at the same time unless sleep goes out of vogue. We were in the United States where house helpers are …
The Burden Of Deciding For Yourself: The Disutility Caused By Out-Of-Pocket Healthcare Spending, Christopher Robertson, David Yokum
The Burden Of Deciding For Yourself: The Disutility Caused By Out-Of-Pocket Healthcare Spending, Christopher Robertson, David Yokum
Faculty Scholarship
As part of a larger "consumer-directed healthcare movement," cost-sharing mechanisms, such as copays and deductibles, cause patients to pay out of pocket for a portion of the costs of the healthcare they consume. Cost sharing is intended to reduce costs by changing consumption behavior, and it has been shown to be an effective though incomplete solution to the problem of unsustainable cost growth. It is controversial nonetheless. This Essay distinguishes three different normative problems with cost sharing (including underinsurance, deterrence of high-value care, and a tax on sickness), which can all be fixed through more precision in the design of …
Beyond Payment And Delivery Reform: The Individual Mandate’S Cost-Control Potential, Abigail R. Moncrieff, Manisha Padi
Beyond Payment And Delivery Reform: The Individual Mandate’S Cost-Control Potential, Abigail R. Moncrieff, Manisha Padi
Law Faculty Articles and Essays
Obamacare's individual mandate, minimum coverage requirements, elimination of cost-sharing for preventive care, and minimum medical loss ratios work together to decrease patients' decision costs, steering patients to particular choices that Congress deemed most efficient. If those regulations succeed in improving the efficiency of patients' healthcare and insurance choices, then the resulting demand-side forces can help to decrease prices. This brief Essay does not attempt to evaluate the regulations' success; it merely highlights the cost-control implications of Obamcare's demand-side measures, noting that discussions of cost control should not focus exclusively on the statute's supply-side effects.
Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner
Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner
Faculty Scholarship
Today, health insurance is no longer simply a class of insurance that covers risks to health, and it has not been so for many years. Health insurance has become a unique form of insurance — a mechanism to pay for healthcare that uses risk spreading as one of several pricing methods. The Affordable Care Act builds on this important payment function to create a complex social insurance system to finance healthcare for (almost) everyone. This article examines how the ACA draws on various conceptions of insurance to produce a quasi-social insurance system. This system poses new challenges to laws governing …
Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld, Jessica L. Roberts
Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld, Jessica L. Roberts
Law Faculty Scholarly Articles
On the doorstep of its fiftieth anniversary, Medicaid at last could achieve the ambitious goals President Lyndon B. Johnson enunciated for the Great Society upon signing Medicare and Medicaid into law in 1965. Although the spotlight shone on Medicare at the time, Medicaid was the “sleeper program” that caught America’s neediest in its safety net—but only some of them. Medicaid’s exclusion of childless adults and other “undeserving poor” loaned an air of “otherness” to enrollees, contributing to its stigma and seeming political fragility. Now, Medicaid touches every American life. One in five Americans benefits from Medicaid’s healthcare coverage, and that …
Healthy, Wealthy, And Wise: How Corporate Power Shaped The Affordable Care Act, Kevin Young, Michael Schwartz
Healthy, Wealthy, And Wise: How Corporate Power Shaped The Affordable Care Act, Kevin Young, Michael Schwartz
History Department Faculty Publication Series
No abstract provided.
Enlightened Regulatory Capture, David Thaw
Enlightened Regulatory Capture, David Thaw
Articles
Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest. These include: 1) legislatively-mandated adoption of recommendations by an advisory …