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Full-Text Articles in Law
King V. Burwell - The Supreme Court Upholds Federal Subsidies For State And Federal Health Insurance Exchanges, Mary Ann Chirba
King V. Burwell - The Supreme Court Upholds Federal Subsidies For State And Federal Health Insurance Exchanges, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Fda Regulation Of Adult Stem Cell Therapies As Used In Sports Medicine, Mary Ann Chirba, Berkly Sweetapple, Charles P. Hannon, John A. Anderson
Fda Regulation Of Adult Stem Cell Therapies As Used In Sports Medicine, Mary Ann Chirba, Berkly Sweetapple, Charles P. Hannon, John A. Anderson
Mary Ann Chirba
In sports medicine, adult stem cells are the subject of great interest. Several uses of stem cells are under investigation including cartilage repair, meniscal regeneration, anterior cruciate ligament reconstruction, and tendinopathy. Extensive clinical and basic science research is warranted as stem cell therapies become increasingly common in clinical practice. In the United States, the Food and Drug Administration (FDA) is responsible for regulating the use of stem cells through its “Human Cells, Tissues, and Cellular and Tissue-Based Products” regulations. This report provides a brief overview of FDA regulation of adult stem cells. Several common clinical case scenarios are then presented …
Regulatory Updates To Health Care Reform: Law And Practice, Mary Ann Chirba, Alice Noble, Michael Maddigan
Regulatory Updates To Health Care Reform: Law And Practice, Mary Ann Chirba, Alice Noble, Michael Maddigan
Mary Ann Chirba
No abstract provided.
The Aca’S Tobacco Use Rating: Implementation, Inconsistencies And Ironies, Mary Ann Chirba, Alice Noble
The Aca’S Tobacco Use Rating: Implementation, Inconsistencies And Ironies, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
As the Affordable Care Act continues toward full implementation, the law’s complexity is on full display. As we have noted in earlier writings, the ACA continues the federal tradition of using a fragmented approach to allocating oversight responsibilities among federal and state regulators, while maintaining the role of private actors in health care insurance and delivery systems. The result is a dizzying array of plan types (self-insured, fully insured, small market, individual market, large market, grandfathered) subject to an equally dizzying blend of ACA, ERISA, and individual state requirements.
Erisa Preemption Of State “Play Or Pay” Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Erisa Preemption Of State “Play Or Pay” Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Mary Ann Chirba
From the introduction: Although ERISA preemption was ranked among the top "eight pertinent issues" that needed to be addressed in order to achieve comprehensive health care reform, Congress opted to avoid it when it passed the Patient Protection and Affordable Health Care Act on March 23, 2010, and the Health Care and Education Reconciliation Act just one week later ("PPACA" or the "Act", collectively). Currently 180 million Americans receive employer-sponsored health benefits, and millions more will do so once PPACA takes full effect over the next few years. This expansion of employer based coverage, coupled with what the Act does …
Medical Malpractice, The Affordable Care Act And State Provider Shield Laws: More Myth Than Necessity?, Mary Ann Chirba, Alice Noble
Medical Malpractice, The Affordable Care Act And State Provider Shield Laws: More Myth Than Necessity?, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
Given the ambitions and reach of the Affordable Care Act, confusion about its intended and inadvertent impact is inevitable. Since its enactment in 2010, the ACA has raised legitimate and less grounded concerns among various stakeholders ranging from individuals and employers facing coverage mandates to States deciding whether and how to implement the Act’s Medicaid expansions. One item has received far less attention even though it weighs heavily on any provider engaged in the clinical practice of medicine: the ACA’s impact on medical malpractice liability. The Act does little to address medical malpractice head on. Nevertheless, physicians and other providers, …
The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba, Alice Noble
The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
From the introduction: With the U.S. Supreme Court poised to rule on the Affordable Care Act (ACA) it is worth reminding ourselves of what, exactly, we have been waiting for. We await a judicial opinion that could deliver a decisive blow to all or part of a massive piece of legislation and the hard-fought battles that led to its enactment, or salvage the near-century-old quest for health care reform. At the same time we await an opinion that may reshape our fundamental understanding of the Court, the power of Congress, and long-standing principles of federalism.
The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba, Alice Noble
The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
From the introduction: While the Affordable Care Act’s individual mandate survived constitutional scrutiny in NFIB v. Sebelius, a Republican president and/or changes in the House or Senate this fall could lead to its demise. As campaigns shift into high gear, the law’s opponents will undoubtedly draw on the strident and jointly authored dissent of Justices Scalia, Kennedy, Thomas, and Alito. Despite the value of robust debate, relying on the dissent may be problematic due to its misperceptions about the ACA and the realities of health care. Thus, while we considered what we were waiting for in the weeks before the …
Our Bodies, Our Cells: Fda Regulation Of Autologous Adult Stem Cell Therapies, Mary Ann Chirba, Alice Noble
Our Bodies, Our Cells: Fda Regulation Of Autologous Adult Stem Cell Therapies, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
Stem cells have been an endless source of fascination and controversy since Dolly the sheep was cloned in 1996. This month’s announcement of a cloned human embryo from a single skin cell came on the heels of Sir John B. Gurdon and Dr. Shinya Yamanaka’s receipt of the 2012 Nobel for Physiology and Medicine for their work with induced pluripotent stem cells. Pluripotent stem cells can be embryonic or induced. Embryonic stem cells (ESCs) can generally be obtained from human embryos or by cloning embryos through somatic cell nuclear transfer (SCNT), as was done for Dolly. Gurdon and Yamanaka demonstrated …
Individual And Group Coverage Under The Aca: More Patches To The Federal-State Crazy Quilt, Mary Ann Chirba
Individual And Group Coverage Under The Aca: More Patches To The Federal-State Crazy Quilt, Mary Ann Chirba
Mary Ann Chirba
From the introduction: Throughout the 2012 Presidential campaign, Republican contenders criticized the Affordable Care Act (ACA) as a “federal take-over of health care” for its promotion of national uniformity in health coverage and access. Yet long before passage, the architects of the ACA quickly rejected a federal single payor system, or even a federal public plan to complement the private sector plans due to forceful opposition to national reform. Instead, they traveled the only politically viable road to reform: maintaining the fragmented and complex system of health care coverage, where federal and state governments as well as the private sector …
Life Is A Highway: Severability Of The Affordable Care Act, Mary Ann Chirba, Alice Noble
Life Is A Highway: Severability Of The Affordable Care Act, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
No abstract provided.
On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba, Alice Noble
On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
No abstract provided.
Erisa Preemption Of Provider Reimbursement Litigation Post-Ppaca:Some Things (Unfortunately) Never Change, Mary Ann Chirba, Alice Noble
Erisa Preemption Of Provider Reimbursement Litigation Post-Ppaca:Some Things (Unfortunately) Never Change, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
No abstract provided.
Emerging Federal And International Guidelines For Stem Cell Research: Increased Funding Increases The Need For Consensus, Mary Ann Chirba
Emerging Federal And International Guidelines For Stem Cell Research: Increased Funding Increases The Need For Consensus, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
The [Sur]Reality Of Mental Health Parity For Adolescent Psychiatric Disorders And Developmental Disabilities, Mary Ann Chirba
The [Sur]Reality Of Mental Health Parity For Adolescent Psychiatric Disorders And Developmental Disabilities, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Fda Oversight Of Autologous Stem Cell Therapies: Legitimate Regulation Of Drugs And Devices Or Groundless Interference With The Practice Of Medicine?, Mary Ann Chirba, Stephanie M. Garfield
Fda Oversight Of Autologous Stem Cell Therapies: Legitimate Regulation Of Drugs And Devices Or Groundless Interference With The Practice Of Medicine?, Mary Ann Chirba, Stephanie M. Garfield
Mary Ann Chirba
No abstract provided.
Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba
Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
Legal Issues, Mary Ann Chirba
Universal Health Care In Massachusetts: Setting The Standard For National Reform, Mary Ann Chirba
Universal Health Care In Massachusetts: Setting The Standard For National Reform, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan
The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan
Mary Ann Chirba
No abstract provided.