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University of Tennessee College of Law

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2016

Health law

Articles 1 - 2 of 2

Full-Text Articles in Law

Furthering The Fiduciary Metaphor: The Duty Of Providers To The Payers Of Medicare, Isaac ("Zack") D. Buck Oct 2016

Furthering The Fiduciary Metaphor: The Duty Of Providers To The Payers Of Medicare, Isaac ("Zack") D. Buck

Scholarly Works

Five years and two near-death experiences later, the Patient Protection and Affordable Care Act of 2010 (ACA) has restructured the delivery of American health care. It has provided coverage to millions of Americans who previously did not have it, outlawed discrimination in the insurance marketplace, and armed the patient with consumer-based tools to streamline their care. Its positive impact is being seen throughout the country. But it can only go so far. Separate from the goal of providing access, the most daunting challenge facing American health care, and particularly, Medicare, is controlling expenditures and utilization in an era of unprecedented …


Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac ("Zack") D. Buck Apr 2016

Overtreatment And Informed Consent: A Fraud-Based Solution To Unwanted And Unnecessary Care, Isaac ("Zack") D. Buck

Scholarly Works

According to multiple accounts, the administration of American health care results in as much as $800 billion in wasted spending due largely to the provision of overly expensive, inefficient, and unnecessary services. Beyond inflicting fiscal pain on the nation’s pocketbook, this waste has no clinical benefit — and often results in unnecessary hospital stays, cascading follow-up procedures, and time-wasting inconvenience for American patients. But aside from the mere annoyance of unnecessary care, the administration of overtreatment — that is, unnecessary care in and of itself — causes harm to the patient. Excessive care is deficient care. Unnecessary care risks potential …