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Articles 1 - 7 of 7
Full-Text Articles in Law
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien
Faculty Scholarship
This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes …
"Least Restrictive Means”: Burwell V. Hobby Lobby, Noah Marks
"Least Restrictive Means”: Burwell V. Hobby Lobby, Noah Marks
Faculty Scholarship
No abstract provided.
Scaling And Splitting, New Approaches To Health Insurance, Christopher Robertson
Scaling And Splitting, New Approaches To Health Insurance, Christopher Robertson
Faculty Scholarship
In the United States, cost-sharing in health insurance coverage has become the primary mechanism for reducing insurance expenditures and, by extension, maintaining affordable coverage. Cost-sharing involves patients making various out-of-pocket (OOP) payments for their own health care aside from whatever the insurer pays. As a patient’s spending on health care grows month by month in any given year of coverage, she moves through three different “zones” of insurance, from no insurance, to partial insurance, and finally to full insurance.
A Problem Not Yet Manifest: Gaps In Insurance Coverage Of Medical Interventions After Genetic Testing, Christopher Robertson
A Problem Not Yet Manifest: Gaps In Insurance Coverage Of Medical Interventions After Genetic Testing, Christopher Robertson
Faculty Scholarship
In the past decade, the field of genomics has rapidly changed and expanded.1 With these advancements also come new applications of genomics and genetics to clinical medicine. The information gathered from genetic testing and genome sequencing can reveal a great deal about not only an individual's current health, but his/her future health as well.2 This rapid expansion of scientific and medical capacity is accompanied by rapid changes for law and policy making thoughtful regulation essential. The human genome includes many variations, most of which have no known significance. However, some variants can be the cause of important medical conditions, and …
Should Patient Responsibility For Costs Change The Doctor-Patient Relationship?, Christopher Robertson
Should Patient Responsibility For Costs Change The Doctor-Patient Relationship?, Christopher Robertson
Faculty Scholarship
Copays, deductibles, coinsurance, and reference prices all now expose patients to increasingly larger shares of the costs of health care. Extant research on cost sharing has primarily focused on its impact on patients, their health care spending, and their health outcomes. Scholars have paid much less attention to the question of how patient exposure to health care costs may impact physicians and their relationships with their patients. This Essay is given on the occasion of a symposium motivated by two recent books by David Schenck, Larry Churchill, and Joseph Fanning that highlight the relational aspects of health care ethics. Accordingly, …
Restatement Of The Law Of Liability Insurance And The Duty To Settle, Leo P. Martinez
Restatement Of The Law Of Liability Insurance And The Duty To Settle, Leo P. Martinez
Faculty Scholarship
No abstract provided.
The Aca, Provider Mergers And Hospital Pricing: Experimenting With Smart, Lower-Cost Health Insurance Options, Susan A. Channick
The Aca, Provider Mergers And Hospital Pricing: Experimenting With Smart, Lower-Cost Health Insurance Options, Susan A. Channick
Faculty Scholarship
This paper addresses the issue of whether the recent significant uptick in provider mergers and the implementation of the Affordable Care Act have a particularly adverse effect on provider pricing in the commercial insurance market. Uncompetitive provider markets exacerbate already existing high cost issues such as lack of transparency in provider pricing, patient behavior that conflates reputation and quality, and payers’ inability, or at least reluctance, to exclude high-price providers from their networks. The ACA’s incentives for providers to coordinate patient care and hospitals’ revenue losses from reductions in Medicare reimbursement create further rationales for consolidation. The burden of finding …