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Full-Text Articles in Law
Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer
Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer
Missouri Law Review
One tool that our government can use to combat our healthcare challenges is the use of health policy in the form of programs, regulations, and agencies that are aimed at improving the overall health and welfare of Americans. Of the various approaches to shaping health policy, this paper will focus on the use of “nudges,” a behavioral strategy for shaping human behavior from the framework, Libertarian Paternalism. In this Article, a nudge is defined as any aspect of choice architecture or any method of structuring the choice environment that influences behavior in a predictable way, with the restriction that this …
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Missouri Law Review
This Comment examines the navigator program in the ACA and the political and legal issues surrounding state navigator licensure laws. To provide context, Part I outlines the legislative and legal background of the ACA at the federal level and in Missouri. Going into more detail on the navigator program, Part II first examines the federal regulations as they relate to the requirements of exchanges, the types and functions of consumer assistance programs, and the role of insurance agents and brokers. Part II then analyzes Missouri’s state navigator licensure law and regulation.
Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine
Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine
Missouri Law Review
A recent decision from the Missouri Court of Appeals, In re Estate of Collins, holds that when a competent principal under a durable power dies suddenly without the required doctor’s certification of incapacity, the agent’s right of sepulcher does not vest, and therefore, the agent is never granted authority to dispose of the principal’s remains.4 The practical effect of this decision is to invalidate the rights of sepulcher in prevalent springing durable powers of attorney for health care. In light of this decision, all existing springing durable powers of attorney for health care in Missouri should be revisited to ensure …
Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland
Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland
Missouri Law Review
Considering prior cases where Missouri courts have applied the doctrine of substantial overbreadth, however, State v. Vaughn may represent a significant step towards a more well-defined and consistent approach to the doctrine. Even though Vaughn does not clearly resolve all of the inconsistencies in Missouri's application of the overbreadth doctrine, it represents a necessary and important development in the way the doctrine is applied by Missouri courts.
Resuscitating Hospital Enterprise Liability, Philip G. Peters Jr.
Resuscitating Hospital Enterprise Liability, Philip G. Peters Jr.
Missouri Law Review
Part I of this Article explains why existing malpractice law has failed to make patients safer. Part II then reviews the history of proposals for enterprise liability and the reasons those proposals were not adopted. Part III outlines my contention that hospital enterprise liability would revive the deterrent power of medical malpractice law. It also defends my claim that enterprise liability would align tort law with efforts of modem patient safety experts to reduce errors by focusing on system-wide improvement, rather than individual blame. Finally, it explains how this reform would advance the recommendations of health reformers who want to …
Medical Monitoring: Missouri's Welcomed Acceptance, Anita J. Patel
Medical Monitoring: Missouri's Welcomed Acceptance, Anita J. Patel
Missouri Law Review
One of the fundamental principles of tort law is that a plaintiff cannot recover without a present physical injury. As society evolved and latent injuries became more prevalent, tort law failed to provide relief because of its present injury requirement. The consequence of this gap in recovery meant that plaintiffs who were exposed to toxic chemicals but could not afford to undergo periodic testing to detect latent injuries would have to wait until the injury manifested itself in order for plaintiffs to bring claims for recovery. Unfortunately, this passage of time can have detrimental effects on the plaintiff and result …
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Missouri Law Review
Whether patients who obtain their health coverage through private employment ought to be able to sue managed care plans for injuries resulting from coverage denials has been a significant health policy issue for years. The debate became more intense as recent judgments against major managed care plans highlighted the inequity caused by the preemption provisions in federal employment law
Bifurcations Of Consciousness: The Elimination Of The Self-Induced Intoxication Excuse, Derrick Augustus Carter
Bifurcations Of Consciousness: The Elimination Of The Self-Induced Intoxication Excuse, Derrick Augustus Carter
Missouri Law Review
In early American and English common law, intoxication evidence did not excuse or mitigate criminal behavior.! Any person who destroyed his or her volition through intoxication was equally as culpable as a sober person for the legal consequences of a self-induced vice.2 Voluntary drunkenness aggravated, rather than reduced, criminal liability
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Missouri Law Review
People have long perceived a connection between mental and even physical illness and spiritual anguish. Yet, modem culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this "medical model" is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably far easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of …