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Full-Text Articles in Law
Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton
Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton
Faculty Scholarship
This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …
Federal/State Tensions In Fulfilling Medicaid’S Purpose, Laura Hermer
Federal/State Tensions In Fulfilling Medicaid’S Purpose, Laura Hermer
Faculty Scholarship
Medicaid has been subject to reconsiderations of the proper role of government in providing for the health and welfare of populations over recent decades. Over the last decade in particular, a number of states have transferred many functions that they once performed to private entities, including, in a number of cases, express policymaking functions. The Patient Protection and Affordable Care Act (ACA) takes some crucial steps towards readjusting the equilibrium of Medicaid. Rather than further prioritizing the market in its reforms, it gives the federal government stronger charge of Medicaid policy, refocusing the program more directly on expanding eligibility and …