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Full-Text Articles in Law
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Marquette Intellectual Property Law Review
This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …
Healthism, Intersectionality, And Health Insurance: The Compounded Problems Of Healthist Discrimination
Marquette Benefits and Social Welfare Law Review
Healthism can identify situations where a person is subject to a particular form of bigotry based on their individual health status. In health insurance, some forms of healthism are unavoidable due to the very nature of health insurance structures. However, when analyzing health insurance programs, particularly those that are funded through government, it is possible to utilize a healthism framework to, first, recognize and minimize and potentially ameliorate the worst effects of healthism combined with intersectionality. This Essay analyzes these issues as they relate to health insurance, Medicare, and the potential role of the Independent Payment Advisory Board.
Observing Observational Status -- Auditors And Inequities
Observing Observational Status -- Auditors And Inequities
Marquette Elder's Advisor
No abstract provided.
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
Marquette Elder's Advisor
No abstract provided.
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Marquette Elder's Advisor
No abstract provided.
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
Marquette Elder's Advisor
No abstract provided.
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
Marquette Elder's Advisor
This column is an annotated form of a position paper suggesting ways that the Medicare program may be successfully continued into the twenty-first century. Issues discussed are the basic principles to be observed, current concerns and cautions, and concepts for be explored which need further study.
First Bipartisan Medicare Reform Bill, John Breaux
First Bipartisan Medicare Reform Bill, John Breaux
Marquette Elder's Advisor
The proposed Breaux-Frist plan will establish a Competitive Premium System that offers integrated health care benefits and prescription drug coverage while maintaining Medicare entitlement. This article provides an overview of the proposed legislation.
Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman
Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman
Marquette Elder's Advisor
Many beneficiaries believe that Medicare provides substantial coverage for nursing home care. The coverage actually available is of short duration, incomplete, and riddled with limitations. This article discusses the various requirements to receive Medicare benefits for skilled nursing facility admissions, and it also discusses the appeals process for denied benefit claims.
Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades
Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades
Marquette Elder's Advisor
While Medicare appears to afford generous coverage for hospital care, statutory limitations and changes in medical practice often make access to coverage problematic. The difficulties that Medicare beneficiaries face when receiving coverage for inpatient hospital care are discussed in this article.
Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell
Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell
Marquette Elder's Advisor
In America, plaintiffs in tort settlements receive more benefits, including Medicare benefits, than plaintiffs in worker's compensation cases. A properly established Medicare set-aside trust can guarantee that a disabled worker's Medicare benefits will be available after a worker's compensation settlement. This article discusses the theory behind a Medicare set-aside trust and tips for properly using it.
Paying For Terminal Illness
Marquette Elder's Advisor
The need for public assistance for terminal care has moved death itself from a private family matter to the public professional sphere. Congress intended Medicare hospice coverage to be comprehensive, but its eligibility rules and per diem limits deprive some patients of needed care. This article examines these limits and the alternative models for care of the dying.
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
Marquette Elder's Advisor
This column details the nuts and bolds of Medicare, noting that it Medicare is not always as familiar as it should be to beneficiaries, their advisors, or their doctors. This column presents an overview of Medicare's eligibility requirements, coverage, and appeals process.
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Marquette Elder's Advisor
Have you ever heard the term information over load? Do you feel it every time you try to find an exact piece of information on the Internet? Here's the place to start.
The Medicare Managed Care Choice
The Medicare Managed Care Choice
Marquette Elder's Advisor
Medicare managed care still has problems and careful evaluation is critical when choosing a program. Government attempts at providing information have created further confusion and drawn criticism from the professionals. This overview highlights some of the most important issues.
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Marquette Elder's Advisor
Schard uses this column to list a number of internet sources available to assist in evaluating various nursing care facilities, and gives a brief overview of what these sites provide. A few of the numerous sites described are the Joint Commission on Accreditation of Healthcare Organizations, the American Health Care Association, and the AARP.
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Marquette Elder's Advisor
This column describes the criteria prerequisites for Medicare coverage of home care, including definitions of homebound status, the requirements for physician certification, and the availability of Medicare managed care programs. As the national cost of home care increased, regulations to rein in costs were enacted. The effects of these changes are discussed in detail.
Internet Resources For Long-Term Care Insurance, Robin C. Schard
Internet Resources For Long-Term Care Insurance, Robin C. Schard
Marquette Elder's Advisor
This article looks at long-term care insurance on the Web. The various perspectives represented and information provided by insurance governance, organizations, consumer advocacy groups, and insurance companies create a solid basis for beginning the decision making process with regard to LTC insurance.
Medicare Handbook, Jane M.R. Mulcahy
Remarks Of Senator Charles Grassley To The Aarp's Board Of Directors, Charles Grassley
Remarks Of Senator Charles Grassley To The Aarp's Board Of Directors, Charles Grassley
Marquette Elder's Advisor
On February 14, 2001, Senator Grassley addressed the board of directors of the AARP. His remarks concerned matters of interest to all elderly Americans.
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Marquette Elder's Advisor
Medicare covers costs for health care deemed "reasonable and necessary" and excludes care classified as "experimental, investigative, or unproven." This article discusses coverage limits and the exceptions for which Medicare will authorize payment.
Introduction To Medicare For People With Multiple Sclerosis, Judith Stein
Introduction To Medicare For People With Multiple Sclerosis, Judith Stein
Marquette Elder's Advisor
Stein explains what criteria are necessary for Medicare parts A, B, C, and D coverage, and why eligible recipients with Multiple Sclerosis are often erroneously denied coverage. Recent changes in applicable Medicare regulations are explored, as are some of the differences between Medicare and Medicaid. Various ways attorneys can help their clients through the application maze are discussed.
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein
Marquette Elder's Advisor
This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Marquette Elder's Advisor
Originally solely a government-administered program, Medicare is now offering options involving private insurers. Private fee-for-service plans may offer additional benefits and lower out-of-pocket costs. These plans are expected to have lower administrative costs, but currently require a government subsidy. Advantages and disadvantages of such plans are discussed, and examples showing detailed cost comparisons of two plans, SmartValue Classic and Humana Gold Choice, are given.
What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich
What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich
Marquette Elder's Advisor
In 2003 Medicare Part C became Medicare Advantage, which included provisions for Special Needs Plans (SNP's), which have significant implications for dual eligibles, persons eligible for both Medicare and Medicaid. The authors explore why SNP's are needed, their advantages to beneficiaries if properly set up, why many plans do not meet beneficiaries' needs as well as they might, and draw conclusions for improvement.
The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff
The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff
Marquette Elder's Advisor
The author examines the new Medicare Part D Program, discusses first the background history which led to its enactment, and then explains how enrollment decisions affect different classes of beneficiaries. The politics involved in the passage of this legislation are explored. Transitioning dual eligibles (those covered by both Medicare and Medicaid) into the new drug program has often resulted in reduced benefits.
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Marquette Elder's Advisor
In the United States, Medicare and Medicaid are helping fund the cost of caring for the elderly. However, long before these programs existed, several states enacted statutes requiring children to care for their elderly parents. These filial responsibility statutes still exist in many states today, although their effectiveness and use has been called into question by opponents. To understand the current need for these statutes, this article first looks at the reasons the statutes were created. The article then follows their growth throughout the history of the world and the United States. As further means of comparison, the article examines …
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
Marquette Elder's Advisor
This article discusses the Healthiest Wisconsin 2010 (HW2010) statute and its implementation to improve patient care through a denial of payment to hospitals when a selected condition takes place. The state of Wisconsin has created a program to improve the state's overall health through a partnership between the state department of health, universities, and other health providers. While the two programs have their differences, this article explores how the Centers for Medicare and Medicaid Services can learn from Wisconsin and HW2010 to create a more reasonable plan to improve patient safety.