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Articles 12871 - 12900 of 14667
Full-Text Articles in Law
Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker
Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker
Vanderbilt Law Review
After the Civil War, Congress enacted a statutory private right of action to ensure the protection of an individual's federal civil rights." This right of action, now codified at Title 42, Section 1983 of the United States Code, creates liability for anyone who, acting under a state law, program, or policy, infringes on an individual's federal rights. Although the authors of Section 1983 intended the statute to serve primarily as a mechanism for the protection of federal constitutional rights, the United States Supreme Court has recognized that Section 1983 is a valid tool for enforcing a wide variety of statutorily …
Alternative Reproduction (With L. Douglass), Lori B. Andrews
Alternative Reproduction (With L. Douglass), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews
Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner
Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner
Faculty Scholarship
On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether …
Children's Rights To Equality: Protection Versus Paternalism, Colleen Sheppard
Children's Rights To Equality: Protection Versus Paternalism, Colleen Sheppard
Annals of Health Law and Life Sciences
No abstract provided.
Physician Credentialing In Managed Care, Alan Bloom
Physician Credentialing In Managed Care, Alan Bloom
Annals of Health Law and Life Sciences
The managed care industry is increasingly using physician credentialing when seeking health care providers. The credentialing process must be conducted in a manner that meets the goals of the managed care program.
Whether A Generic Defect Is A Disability Under The Americans With Disabilities Act: Preventing Genetic Discrimination By Employers, Charles B. Gurd
Whether A Generic Defect Is A Disability Under The Americans With Disabilities Act: Preventing Genetic Discrimination By Employers, Charles B. Gurd
Annals of Health Law and Life Sciences
The Americans with Disabilities Act will not protect all forms of discrimination based upon one's genetic make up. Legislation is needed to prevent genetic discrimination.
The Right To Life In Law: The Embryo And Fetus, The Body And Soul, The Family And Society, Stephen C. Hicks
The Right To Life In Law: The Embryo And Fetus, The Body And Soul, The Family And Society, Stephen C. Hicks
Florida State University Law Review
No abstract provided.
Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick
Rethinking The Health Care Delivery Crisis: The Need For A Therapeutic Jurisprudence, Bruce J. Winick
Journal of Law and Health
In designing a sensible system of national health insurance we need to avoid a repetition of the built-in inflationary pressures that followed the adoption of Medicaid and Medicare. Medicaid and Medicare eligibility encouraged many to increase their use of health care services, in part because they no longer needed to bear the costs (or full costs) or services. This increased demand, exceeding the supply of health care services, predictably produced price hikes. Other factors undoubtedly have contributed to the escalation of health care costs, including the tendency of some doctors to order unnecessary diagnostic tests, over-reliance on high technology, and …
Legal And Policy Aspects Of Home Care Coverage, S. Mitchell Weitzman
Legal And Policy Aspects Of Home Care Coverage, S. Mitchell Weitzman
Annals of Health Law and Life Sciences
Home health care is a compassionate, cost-effective, and practical alternative for some individuals who require long-term or constant care. However, the coverage of home health care costs is far from comprehensive under the Medicare, Medicaid, and private pay systems. A uniform and comprehensive coverage system is necessary.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Patching The Patchwork Quilt: "Reforming" The Medicaid Program - The Medicaid Program - The Medicaid Voluntary Contribution And Provider-Specific Tax Amendments Of 1991, Michael O. Spivey
Patching The Patchwork Quilt: "Reforming" The Medicaid Program - The Medicaid Program - The Medicaid Voluntary Contribution And Provider-Specific Tax Amendments Of 1991, Michael O. Spivey
Annals of Health Law and Life Sciences
Congress modified the Medicaid program by restricting states' sources of funding, capping payments to certain hospitals, and altering the relationship between the states and the federal government. While the legislation puts to rest an ongoing dispute between the state and federal governments, it does not improve access to or quality of care nor address fundamental problems with the Medicaid program; it is simply another patch to the patch-work quilt called Medicaid.
Foreword, John D. Blum
Application Of The Medicare And Medicaid Anti-Kickback Statute To Business Arrangements Between Hospitals And Hospital-Based Physicians, Hugh E. Aaron
Application Of The Medicare And Medicaid Anti-Kickback Statute To Business Arrangements Between Hospitals And Hospital-Based Physicians, Hugh E. Aaron
Annals of Health Law and Life Sciences
Hospitals and hospital-based physicians enter into a variety of agreements. Given the recent advisory memorandum from the Inspector General of Health and Human Services and a recent administrative decision, these arrangements may violate the Medicare Anti-Kickback statute.
Aids In The Healthcare Workplace: Rights And Responsibilities, Carol J. Gerner
Aids In The Healthcare Workplace: Rights And Responsibilities, Carol J. Gerner
Annals of Health Law and Life Sciences
With the increasing spread of AIDS and HIV courts are confronted with the task of balancing the need of public disclosure of a healthcare worker's HIV status against that individual's right to privacy.
Internal Revenue Service General Counsel's Memorandum Threatens Tax Exemption For Charitable Hospitals, David W. Ball
Internal Revenue Service General Counsel's Memorandum Threatens Tax Exemption For Charitable Hospitals, David W. Ball
Annals of Health Law and Life Sciences
A recent memorandum from the General Counsel of the Internal Revenue Service changes the standard against which tax exempt entities will be measured, which change can adversly affect charitable hospitals' tax exempt status. In addition, the memorandum makes clear that a violation of the Anti-Kickback statute, discussed in Mr. Aaron's article, is inconsistent with tax exempt status.
Using Good Samaritan Acts To Provide Access To Health Care For The Poor: A Modest Proposal, Bridget A. Burke
Using Good Samaritan Acts To Provide Access To Health Care For The Poor: A Modest Proposal, Bridget A. Burke
Annals of Health Law and Life Sciences
Some states are providing immunity to those willing to voluntarily provide health care for the poor. The proposal is a modest and questionable step toward solving the health care access dilemma.
Comparative Health Law, Annals Of Health Law
Comparative Health Law, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Recent Canadian Developments In The Treatment Of Children And Their Evidence In Criminal Sexual Abuse Cases, Alison Harvison Young
Recent Canadian Developments In The Treatment Of Children And Their Evidence In Criminal Sexual Abuse Cases, Alison Harvison Young
Annals of Health Law and Life Sciences
No abstract provided.
Child Sexual Abuse Prosecutions In Canada: A Measure Of Progress, Nicholas Bala
Child Sexual Abuse Prosecutions In Canada: A Measure Of Progress, Nicholas Bala
Annals of Health Law and Life Sciences
No abstract provided.
Closing The Gap Between Courts And Social Agencies - The Judge's Perspective, Francois J. Godbout
Closing The Gap Between Courts And Social Agencies - The Judge's Perspective, Francois J. Godbout
Annals of Health Law and Life Sciences
No abstract provided.
Antitrust In The Early 1990'S: Challenges To New Competitive Strategies, Alan P. Sherbrooke
Antitrust In The Early 1990'S: Challenges To New Competitive Strategies, Alan P. Sherbrooke
Annals of Health Law and Life Sciences
The early 1990's brought a number of cases that raise challenges to new competitive strategies. As health care providers seek to gain a competitive advantage, courts are being asked to review practices under antitrust laws.
Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky
Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky
St. Thomas Law Review
This article focuses on cases of HIV transmission arising from blood transfusions. This article specifically details and describes the effect of blood shield statutes upon HIV-AIDS litigation and the appropriate standard of care to which a blood bank or similar entity should be held. Finally, the impact of the standard of care in conjunction with blood shield statutes on negligence actions arising from the transmission of the virus through blood transfusions will be examined. Although only two to three percent of all HIV-AIDS transmission cases are attributable to transfusion, the bulk of the litigation with respect to HIV-AIDS transmission is …
The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe
The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe
Mental Health Law & Policy Faculty Publications
No abstract provided.
Board Of Dental Examiners, M. Sanguinetti
Board Of Dental Examiners, M. Sanguinetti
California Regulatory Law Reporter
No abstract provided.
Board Of Examiners Of Nursing Home Administrators, P. Walsh
Board Of Examiners Of Nursing Home Administrators, P. Walsh
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, C. B. Sise, M. Smigielski, P. Walsh
Medical Board Of California, C. B. Sise, M. Smigielski, P. Walsh
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, M. Smigielski
Board Of Optometry, M. Smigielski
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, W. Broaddus
Board Of Pharmacy, W. Broaddus
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, L. Conner
Board Of Registered Nursing, L. Conner
California Regulatory Law Reporter
No abstract provided.