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Full-Text Articles in Law

The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King Jan 2016

The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King

Indiana Law Journal

The average family of four in the United States spends $25,826 per year on health care. American health care costs so much because we both overuse and overpay for health care goods and services. The Affordable Care Act’s cost control policies focus on curbing overutilization by encouraging health care providers to integrate to pro-mote efficiency and eliminate waste, but the cost control policies largely ignore prices. This article examines this overlooked half of health care cost control policy: rising prices and the policy levers held by the states to address them. We challenge the conventional wisdom that reducing overutilization through …


It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd Jan 2016

It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd

Indiana Law Journal

With lifestyle-related disease on the rise and an increasing number of employers being held responsible for providing health insurance to their employees, we as a society have incentives to promote wellness, even if only to cut health care costs. Part I of this Note outlines a brief history of employer-provided wellness benefits and provides a concise summary of the employer-provided wellness benefits available. Part II analyzes the relevant federal income tax law, specifically, the fringe benefits provision of the Internal Revenue Code, and concludes that under existing tax law, on-premises gym facilities do not yield any taxable income to employees, …


A Defense Of Physicians’ Gatekeeping Role: Balancing Patients’ Needs With Society’S Interests, Jessica Mantel Jul 2015

A Defense Of Physicians’ Gatekeeping Role: Balancing Patients’ Needs With Society’S Interests, Jessica Mantel

Pepperdine Law Review

Although scholars and policymakers increasingly accept the need to ration health care, physicians doing so at the bedside remains controversial. Underling this debate is how to characterize the duty of care physicians owe their individual patients. Ethically, physicians are under strict fiduciary obligations that require them to give primacy to individual patients' best interests. However, new health care delivery models that hold providers financially accountable for health care costs assign to physicians a gatekeeping role, with physicians obliged to balance individual patients' needs with the competing societal goal of controlling costs. This Article explains that the choice between the traditional …


Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig Apr 2013

Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Family Caregiving And The Law Of Succession: A Proposal, Thomas P. Gallanis, Josephine Gittler Jun 2012

Family Caregiving And The Law Of Succession: A Proposal, Thomas P. Gallanis, Josephine Gittler

University of Michigan Journal of Law Reform

As the American population ages, the need for long-term care, already great, will become even greater. Some of this care is paid for by government programs, such as Medicaid, and by individual long-term care insurance policies. But the combination of the public fisc and private insurance are, and will continue to be, insufficient to pay for all of the care our seniors and adults with disabilities need. The provision of care in a family residence by one or more family members is an important component of our health care delivery system and must be supported and encouraged by public policy …


What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly Sep 2003

What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly

Washington and Lee Law Review

No abstract provided.


You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver Sep 2001

You Get What You Pay For: Result-Based Compensation For Health Care, David A. Hyman, Charles Silver

Washington and Lee Law Review

No abstract provided.


Resolving Conflicting Laws And Policy In Integrated Delivery Systems Development, Anthony D. Shaffer, Peter A. Pavarini Jan 1997

Resolving Conflicting Laws And Policy In Integrated Delivery Systems Development, Anthony D. Shaffer, Peter A. Pavarini

Journal of Law and Health

Health care legal advisors are often called on to rationalize and synthesize these conflicting laws and policies while assisting clients to meet current market demands in developing competitive integrated delivery systems ("IDS"). This article explores the myriad of laws and regulations that affect integrated delivery systems development and proposes a practical approach for reconciling conflicting laws and policies. Some legal practitioners may recognize the proposed method as the process they already follow. For others, the suggestions in this article will hopefully challenge them to see conflicts of law and policy as opportunities to engage in creative thinking.


Legal Issues In The Healthcare Settings Aids: Current State Of The Law - An Overview, Carol A. Mclaughlin Jan 1988

Legal Issues In The Healthcare Settings Aids: Current State Of The Law - An Overview, Carol A. Mclaughlin

Journal of Law and Health

Presented as part of an address on the current state of the law at the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988.


Annotated Bibliography On Aids, Edmund F. Santa Vicca Jan 1988

Annotated Bibliography On Aids, Edmund F. Santa Vicca

Journal of Law and Health

This bibliography was included in the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988 as a helpful reference guide. The Journal would like to thank Edmund Santa Vicca for his ever continuing support in the quest for knowledge.