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Articles 31 - 36 of 36

Full-Text Articles in Law

The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost Jan 2013

The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost

Timothy S. Jost

Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …


Is Health Insurance A Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost Jan 2013

Is Health Insurance A Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost

Timothy S. Jost

No abstract provided.


Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost Jan 2013

Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost

Timothy S. Jost

This symposium explores the complex relationship between health law and administrative law. It is based on the observation that these two fields of law are peculiarly intertwined. It attempts to understand why this is so, as well as whether it is necessary and whether it is desirable. Would we as a society, that is, be better off if health law were less permeated by administrative law? Even if we would be better off, is it indeed possible to extricate health law from administrative law? This essay begins by defining health law and administrative law. It then proceeds to describe the …


Shifting Risk Of Ruin To Consumers: The Role Of Tax Law In American Health Policy, Timothy Stoltzfus Jost Jan 2013

Shifting Risk Of Ruin To Consumers: The Role Of Tax Law In American Health Policy, Timothy Stoltzfus Jost

Timothy S. Jost

No abstract provided.


The Role Of State Regulation In Consumer-Driven Health Care, Timothy Stoltzfus Jost, Mark A. Hall Jan 2013

The Role Of State Regulation In Consumer-Driven Health Care, Timothy Stoltzfus Jost, Mark A. Hall

Timothy S. Jost

The Consumer-directed health care movement has recently been given a major boost by section 223 of the Medicare Modernization Act, which provides federal income tax subsidies for health savings accounts coupled with high deductible health plans. The federal tax subsidy, however, will only be available in states whose program of insurance regulation permits high deductible health plans to exist. The MMA represents, therefore, a new approach to federalism in health insurance - offering tax incentives for states to change their approach to insurance regulation rather than preempting state regulation or imposing federal regulation. To date the states have generally responded …


Health Insurance Exchanges: Legal Issues, Timothy S. Jost Jan 2013

Health Insurance Exchanges: Legal Issues, Timothy S. Jost

Timothy S. Jost

Health insurance exchanges (HIE) are entities that organize the market for health insurance by connecting small businesses and individuals into larger pools that spread the risk for insurance companies, while facilitating the availability, choice and purchase of private health insurance for the uninsured. While there are legal issues that warrant consideration under a federal, state, or private exchange framework, those issues are not insurmountable barriers to implementation.