Law Commons^™

Abusing The Patient: Medicare Fraud And Abuse And Hospital-Physician Incentive Plans, Kathryn A. Krecke

University of Michigan Journal of Law Reform

Part I provides a background discussion of the PPS, DRGs, and incentive plans. Part II focuses on the fraud and abuse provisions of the Medicare statute and argues that incentive plans violate the plain language · of the statute, which prohibits any knowing and willful remuneration for the inducement of referrals. Part III concentrates on the fraudulent and abusive practices that incentive plans encourage. The plans frustrate legislative intent because they encourage practices that subvert the cost-containment purposes of the PPS and have an adverse effect on patient care.

Aids—The Legal Implications, Frances Means

University of Arkansas at Little Rock Law Review

No abstract provided.

Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter

Indiana Law Journal

No abstract provided.

The Medicare Prospective Payment System: Its Impact On The Quality Of Health Care Received By The Elderly, Marcy Cohen

In the Public Interest

No abstract provided.

Governmental Regulation Of Medical Decision-Making: All In The Name Of Baby Doe, Joann Harri

In the Public Interest

No abstract provided.

Aids: A Plague Upon Your Civil Liberties, Lisa Mcdougall

In the Public Interest

No abstract provided.

The Medicare Rx: Prospective Pricing To Effect Cost Containment, H. Lynda Kugel

University of Michigan Journal of Law Reform

This Note analyzes the impact of changing hospital reimbursement while maintaining charge-based reimbursement for physicians on hospital-physician relationships and on cost and quality of care. This Note contends that if the stated goals of redirecting incentives and containing costs are to be realized, physicians must be drawn into the revised reimbursement scheme. An indirect, aggregate approach is advocated to maintain the integrity of the physician-patient relationship and to avoid a direct financial impact upon the physician regarding patient care decisions. Part I will briefly examine the reasons for changing hospital reimbursement from retrospective cost-based reimbursement to prospective fixed rates. Part …

Legal Rights And Issues Surrounding Conception, Pregnancy, And Birth, Hutton Brown, Miriam Dent, L. Mark Dyer, Cherie Fuzzell, Anita Gifford, Sam Griffin, A. G. Kasselberg M.D., Jayne Workman, Melinda Cooper

Vanderbilt Law Review

Advances in medicine are reported almost daily in the media. Medical researchers have developed and are continuing to develop new methods of creating, saving, and prolonging life. This Special Project examines the impact that rapidly advancing medical technology has on the law governing conception, pregnancy, and birth.

Although medical techniques have advanced rapidly during the past decades, state and federal legislatures have responded in-adequately to the legal consequences of these new birth technologies. The resulting lag between technology and the law has forced courts to confront new situations that do not fit neatly into the statutory framework created to deal …

Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry

Vanderbilt Law Review

Replete with analogies drawn to war crimes and expressed fears that the progress of medical science would be halted, the debate over the ethics of human experimentation is nothing if not complex. Nevertheless, in 1978 The Belmont Report was at least able to identify certain generalized ethical principles to guide researchers: "respect for persons," "beneficence," and "justice."' These ethical principles, however, are based ultimately on our perceptions of humanity and personality. Applying these principles to research on fetuses or embryos is fraught with difficulty. Neither of our pluralistic societies has resolved the "separate" debate regarding the appropriate status afforded pre-viable …

Rationing Health Care: The Ethics Of Medical Gatekeeping, Edmund D. Pellegrino

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Foreword, L. Edward Bryant Jr.

Loyola University Chicago Law Journal

No abstract provided.

Federal Antitrust Issues Involved In The Denial Of Medical Staff Privileges, Robert J. Enders

Loyola University Chicago Law Journal

No abstract provided.

Procedural Due Process Rights Of Physicians Applying For Hospital Staff Privileges, Carolyn Quinn

Loyola University Chicago Law Journal

No abstract provided.

Shorter V. Drury: Refusal To Permit Treatment Constitutes Express Assumption Of Risk Which Can Reduce The Liability Of A Negligent Physician, Alisa Beth Arnoff

Loyola University Chicago Law Journal

No abstract provided.

Withholding Life-Sustaining Treatment From The Incompetent Patient: The Need For Statutory Guidelines, Melinda M. Organ

Loyola University Chicago Law Journal

No abstract provided.

Casenotes: Medical Malpractice — Limitation Of Actions — Discovery Rule Denies Preliminary Investigation Period Because Knowledge Of Facts Raising The Inquiry Satisfies Actual Notice Requirement. Lutheran Hospital V. Levy, 60 Md. App. 227, 482 A.2d 23 (1984), Cert. Denied, 302 Md. 288, 487 A.2d 292 (1985), Edward T. Pinder

University of Baltimore Law Review

No abstract provided.

Professional Unions In The Health Care Industry: The Impact Of St. Francis Ii And North Shore University Hospital, Debra Dyleski-Najjar

Loyola University Chicago Law Journal

No abstract provided.

Euthanasia In Australasia, K.M. Sharma

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Protection For The Disabled And Incompetent, Robert A. Destro

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (Aids): Blood Bank Liability?, David A. Roling

University of Baltimore Law Review

The Acquired Immunodeficiency Syndrome (AIDS) can be contracted via a blood transfusion. A legal question of growing importance in Maryland and across the country is whether a blood bank which supplies AIDS-tainted blood should be liable to a blood transfusee for the contraction of AIDS. Inherent in that question is a balancing of society's need to protect blood banks from liability and the individual's right of recovery. This comment examines that question. The author begins with a historical review of blood bank liability for blood tainted with viruses other than AIDS and then discusses various theories of liability under which …

Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik

UIC Law Review

No abstract provided.

Regulation Of Informed Consent To Human Experimentation, Maria Woltjen

Loyola University Chicago Law Journal

No abstract provided.

Winston V. Lee: Court-Ordered Surgery: Personal Dignity Concerns Create Additional Ambiguity. 20 J. Marshall L. Rev. 187 (1986), David Goodrich

UIC Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick

Journal of Law and Health

Just as there are moral and ethical implication in permitting the widow to use a sperm deposit for AIH, so are there moral and ethical implications in denying her this privilege. What is the rationale behind denying a widow access to that which would only be discarded? Suppose the sperm, rather than be discarded, were to be designated that of an unknown donor to be used in AID? If unmarred women have the right to procreate even using known donor sperm, what is the reason for prohibiting a woman to choose to be inseminated with the sperm of a man …

Fertility Or Unemployment - Should You Have To Choose, Yvonne Sor

Journal of Law and Health

This article will address the legal issues involved in establishing an equitable balance between women's rights to equal employment opportunities and the right of future generations to be free from disease caused by parental exposures to hazardous chemical work environments. In the author's opinion the present regulatory framework provided by the Occupational Safety and Health Act of 1970 (OSHAct), the Toxic Substances Control Act (TSCA), and Title VII of the Civil Rights Act of 1964 is inadequate to provide the requisite degree of protection to employees and, particularly, to their offspring. Part II of the article will examine some of …

Peer Review Committee Minutes And Memoranda: Non-Discoverable At All Costs, Howard S. Rabb

Journal of Law and Health

The purpose of this article is to illustrate the inherent problems of blanket peer review confidentiality and to suggest a more equitable approach. Part I traces the deveopment of reviewing hospital quality and explains the operation and justifications of peer review committees. In Part II, the arguments supporting confidentiality are compared with the public policy favoring proper disposition of corporate negligence cases in order to determine and recommend the correct level of confidentiality. In Part III, the peer review discovery statute in section 2305.251 of the Ohio Revised COde is critically evaluated for its practical value to the advancement of …

Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat

St. Mary's Law Journal

Abstract Forthcoming.

Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke

St. Mary's Law Journal

Abstract Forthcoming.

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.