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Articles 1 - 9 of 9
Full-Text Articles in Law
Drug Product Liability And Health Care Delivery Systems, William M. Sage
Drug Product Liability And Health Care Delivery Systems, William M. Sage
Faculty Scholarship
This note will use the principles of law and economics to examine the interaction of market structures and product liability rules in a world of imperfect information. The goals of the analysis are to create incentives for optimal care by producers and consumers, induce the socially appropriate amount of consumption of each product (often referred to as the "activity level"), and minimize the costs of bearing the risk of injury. The note will conclude that the existence of health maintenance organizations ("HMOs") and similar prepaid providers with superior information capacity and total patient care responsibility may create a context in …
Informed Consent In The Post-Modern Era, Wendy K. Mariner
Informed Consent In The Post-Modern Era, Wendy K. Mariner
Faculty Scholarship
The doctrine of informed consent' is intended to get physicians to talk to their patients so that patients can make reasonably knowledgeable choices about whether to undergo particular forms of medical care. Although the law has long prohibited treatment without the patient's consent,2 physicians have resisted the idea that treatment decisions ultimately are for the patient to make. Only recently have physicians been willing to disclose information about the benefits and risks of recommended therapies. 3 Even with the best of intentions, however, the discussions that do take place are often far from the law's ideal of reasonable disclosure …
Baby M, The Surrogacy Contract, And The Health Care Professional: Unanswered Questions, Karen H. Rothenberg
Baby M, The Surrogacy Contract, And The Health Care Professional: Unanswered Questions, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
When Can The Government Issue A Retroactive Medicare Reimbursement Rule? A Preview Of Bowen V. Georgetown University Hospital, Robert L. Schwartz
When Can The Government Issue A Retroactive Medicare Reimbursement Rule? A Preview Of Bowen V. Georgetown University Hospital, Robert L. Schwartz
Faculty Scholarship
The only issue before the Court is whether the Secretary of Health and Human Services can issue a regulation with entirely retroactive effect governing Medicare reimbursement for healthcare providers. The Court must decide whether such a retroactive rule is permitted by the Administrative Procedures Act (the "APA"), which defines a rule as "an agency statement of either general or particular applicability and future effect," or by the Medicare statute, which authorizes the Secretary to issue regulations to provide for the reimbursement of the "reasonable costs" of hospitals providing Medicare services.
Aids And The Right To Health Care, Taunya Lovell Banks
Aids And The Right To Health Care, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus
Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus
Faculty Scholarship
This article examines in detail an example of legislation that redefines the scope of permissible public health intervention and provides procedural protections compatible with modern precedent—the Minnesota Health Threat Procedures Act. This Act is an appropriate subject for close study because it is intended to be responsive to the general concerns raised by the commentators: the narrowing redefinition of the scope of coercive public health intervention and the addition of suitable procedural protections. Coercive public health legislation merits close attention because it inevitably invokes a clash of three important values. The purpose of the legislation is the protection of the …
Fairy Tales Surrogate Mothers Tell, George J. Annas
Fairy Tales Surrogate Mothers Tell, George J. Annas
Faculty Scholarship
How did surrogate motherhood evolve from a "hare-brained, fly by night" idea of the late 1970s into one that had at least some mainstream, middle-class support in the mid-198os? Many explanations have been suggested. Although the rate of infertility has not increased, infertility is no longer a secret, and there are major public support groups, like RESOLVE, that advocate for infertile couples. New and powerful techniques like IVF (in vitro fertilization) have been developed, and although they help very few people, they have been widely publicized and approved. And babies are fashionable again. As one movie critic put it: "Men …
Foregoing Life-Sustaining Treatment: What Are The Legal Limits In An Aging Society?, Karen H. Rothenberg
Foregoing Life-Sustaining Treatment: What Are The Legal Limits In An Aging Society?, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
When Must A Hospital Challenge The Medicare Reimbursement Policy?, Robert L. Schwartz
When Must A Hospital Challenge The Medicare Reimbursement Policy?, Robert L. Schwartz
Faculty Scholarship
The Issue for the Court is whether the Medicare statute permits hospitals that do not formally request Medicare reimbursement for particular items in the cost reports filed with their fiscal intermediaries (who audit the reports) to seek reimbursement for those items when they appeal the fiscal intermediary's decision to the appropriate administrative board or court.