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Full-Text Articles in Law

From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell Jan 2020

From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell

Kentucky Law Journal

No abstract provided.


Regulate Physician Restrictive Covenants To Improve Healthcare, Judy Ann Clausen Jan 2019

Regulate Physician Restrictive Covenants To Improve Healthcare, Judy Ann Clausen

Kentucky Law Journal

No abstract provided.


Freezing The Future: Elective Egg Freezing And The Limits Of The Medical Expense Deduction, Tessa R. Davis Jan 2019

Freezing The Future: Elective Egg Freezing And The Limits Of The Medical Expense Deduction, Tessa R. Davis

Kentucky Law Journal

No abstract provided.


New Frontiers In Medical Privacy: Protecting The Biometric Data Of Patients In The Healthcare Industry, Jordan T. Shewmaker Jan 2018

New Frontiers In Medical Privacy: Protecting The Biometric Data Of Patients In The Healthcare Industry, Jordan T. Shewmaker

Kentucky Law Journal

No abstract provided.


Implementing Medicaid Health Homes To Provide Medication Assisted Treatment To Opioid Dependent Medicaid Beneficiaries, Page M. Smith Jan 2017

Implementing Medicaid Health Homes To Provide Medication Assisted Treatment To Opioid Dependent Medicaid Beneficiaries, Page M. Smith

Kentucky Law Journal

No abstract provided.


Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento Jan 2017

Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento

Kentucky Law Journal

Certifcate of need ("CON") programs were conceived approximately fifty years ago as supply constraint mechanisms for healthcare services, in an environment that is essentially unrecognizable today. Every aspect of the healthcare landscape has changed dramatically, particularly in the years since the enactment of the Affordable Care Act. The historical rationales in support of CON programs have been vigorously questioned by scholars across disciplines, roundly criticized by the federal government, and largely disproven by research. Yet the status quo persists with thirty-five states retaining CON laws, due in large part to a combination of entrenched interests and polrical inertia that prevents …


Privacy And Health Information: The United States And The European Union, Leslie Francis Jan 2015

Privacy And Health Information: The United States And The European Union, Leslie Francis

Kentucky Law Journal

No abstract provided.


Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino Jan 2015

Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino

Kentucky Law Journal

Grateful patient fundraising, defined as the solicitation ofphilanthropic donations by health care providers from current and former patients, raisesa number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstandingissues raisedby physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic donations from their own …


Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard Jan 2014

Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard

Kentucky Law Journal

No abstract provided.


"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly Jan 2014

"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly

Kentucky Law Journal

No abstract provided.


Giving Meaning To "Meaningful Access" In Medicaid Managed Care, Mary Crossley Jan 2014

Giving Meaning To "Meaningful Access" In Medicaid Managed Care, Mary Crossley

Kentucky Law Journal

No abstract provided.


The Future Of Medicaid Supplemental Payments: Can They Promote Patient-Centered Care?, Laura D. Hermer, Merle Lenihan Jan 2014

The Future Of Medicaid Supplemental Payments: Can They Promote Patient-Centered Care?, Laura D. Hermer, Merle Lenihan

Kentucky Law Journal

No abstract provided.


Medicaid Evolution For The 21st Century, John V. Jacobi Jan 2014

Medicaid Evolution For The 21st Century, John V. Jacobi

Kentucky Law Journal

No abstract provided.


Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford Jan 2014

Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford

Kentucky Law Journal

No abstract provided.


Medicaid, Marketplaces, And Premium Assistance: What Is At Stake In Arkansas? The Perils And Pitfalls Of Medicaid Expansion Through Marketplace Premium Assistance, Sidney D. Watson Jan 2014

Medicaid, Marketplaces, And Premium Assistance: What Is At Stake In Arkansas? The Perils And Pitfalls Of Medicaid Expansion Through Marketplace Premium Assistance, Sidney D. Watson

Kentucky Law Journal

No abstract provided.


Apa Deference After Independent Living Center: Why Informal Adjudicatory Action Needs A Hard Look, Brietta R. Clark Jan 2013

Apa Deference After Independent Living Center: Why Informal Adjudicatory Action Needs A Hard Look, Brietta R. Clark

Kentucky Law Journal

No abstract provided.


A Framework To Evaluate Pharmaceutical Pay-For-Delays: A Balancing Test Based Upon Reasonableness, Jessica Hudson Bechtel Jan 2013

A Framework To Evaluate Pharmaceutical Pay-For-Delays: A Balancing Test Based Upon Reasonableness, Jessica Hudson Bechtel

Kentucky Law Journal

No abstract provided.


The Sentence Of Hiv, Carrie Griffin Basas Jan 2013

The Sentence Of Hiv, Carrie Griffin Basas

Kentucky Law Journal

No abstract provided.


Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld Jan 2013

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Kentucky Law Journal

This Article will explore the power struggle that Medicaid invites and its potential elevation due to the pressures that will follow the Patient Protection and Affordable Care Act’s (ACA) expansion. Part I of this Article will describe the three phases of private enforcement litigation and how they have affected Medicaid reimbursement rates. This Part also will highlight the deceptive stability that has taken root in the lower federal courts by describing the recent state attempts to end private enforcement actions. The first Part will conclude by briefly considering the nature of the federalism arguments that states are making. Part II …


Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin Jan 2012

Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin

Kentucky Law Journal

No abstract provided.


At Risk Patients And Doctors: Why Increased Agency Enforcement And Private Causes Of Action Under The Supremacy Clause Are Needed To Protect Medicaid Providers And Beneficiaries, Steven Clark Jan 2012

At Risk Patients And Doctors: Why Increased Agency Enforcement And Private Causes Of Action Under The Supremacy Clause Are Needed To Protect Medicaid Providers And Beneficiaries, Steven Clark

Kentucky Law Journal

No abstract provided.


"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey Jan 2012

"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey

Kentucky Law Journal

No abstract provided.


Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional, Kristeena L. Johnson Jan 2011

Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional, Kristeena L. Johnson

Kentucky Law Journal

No abstract provided.


Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert Steinbuch Jan 2009

Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert Steinbuch

Kentucky Law Journal

No abstract provided.


What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel Jan 2009

What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel

Kentucky Law Journal

No abstract provided.


The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott Jan 2009

The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott

Kentucky Law Journal

No abstract provided.


Obscene Contracts: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii Jan 2005

Obscene Contracts: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii

Kentucky Law Journal

No abstract provided.


The Ramifications Of Rejecting Wrongful Birth: A Closer Look At Grubbs V. Barbourville Family Health Center, Johanna L. Frantz Jan 2004

The Ramifications Of Rejecting Wrongful Birth: A Closer Look At Grubbs V. Barbourville Family Health Center, Johanna L. Frantz

Kentucky Law Journal

No abstract provided.


Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales Jan 2003

Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales

Kentucky Law Journal

No abstract provided.


The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora Jan 2002

The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora

Kentucky Law Journal

No abstract provided.