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Administrative Law Commons

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Health Law and Policy

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Articles 691 - 720 of 1057

Full-Text Articles in Administrative Law

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez Jan 2001

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Collette C. Galvez, Peter Sansom Jan 2001

Dental Board Of California, Collette C. Galvez, Peter Sansom

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth Jan 2001

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Jenny K. Li, Charlotte Wilder Jan 2001

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth Jan 2001

Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Application Of Administrative Law To Health Care Reform: The Real Politik Of Crossing The Quality Chasm , Thomas R. Mclean Jan 2001

Application Of Administrative Law To Health Care Reform: The Real Politik Of Crossing The Quality Chasm , Thomas R. Mclean

Journal of Law and Health

Real Politik, a term in vogue at the height of the Cold War, contemplates that in practice, governmental bodies attempt to expand their spheres of influence and control by the application of economic leverage. The federal government is clearly interested in expanding its influence into health care because of its cost. Americans spend over one trillion dollars - forty-four percent of which is paid for by the federal government - on health care each year. To control the cost of health care, governmental reformers proposed the Health Securities Act of 1993 as a frontal assault on the American health care …


Responsible Regulation: A Sensible Cost-Benefit, Risk Versus Risk Approach To Federal Health And Safety Regulation, Steve Calandrillo Jan 2001

Responsible Regulation: A Sensible Cost-Benefit, Risk Versus Risk Approach To Federal Health And Safety Regulation, Steve Calandrillo

Articles

Federal health and safety regulations have saved or improved the lives of thousands of Americans, but protecting our citizens from risk entails significant costs. In a world of limited resources, we must spend our regulatory dollars responsibly in order to do the most we can with the money we have. Given the infeasibility of creating a risk-free society, this paper argues that a sensible cost-benefit, risk versus risk approach be taken in the design of U.S. regulatory oversight policy. The goal should always be to further the best interests of the nation, rather than to satisfy the narrow agenda of …


Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson Dec 2000

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …


The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook Nov 2000

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …


Department Of Corporations, Kelly Ann Debie Jan 2000

Department Of Corporations, Kelly Ann Debie

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth Jan 2000

Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth Jan 2000

Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Tasha Soroosh Jan 2000

Board Of Behavioral Sciences, Tasha Soroosh

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Peter Sansom Jan 2000

Dental Board Of California, Peter Sansom

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Charlotte Wilder Jan 2000

Board Of Registered Nursing, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.


Board Of Podiatric Medicine, Monisha Ann Coelho Jan 2000

Board Of Podiatric Medicine, Monisha Ann Coelho

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Michelle J. Hubbard Jan 2000

Veterinary Medical Board, Michelle J. Hubbard

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth Jan 2000

Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Tatiana Rodriguez Jan 2000

Board Of Optometry, Tatiana Rodriguez

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Jenny K. Li Jan 2000

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.


., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson Jan 2000

., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson

Faculty Articles and Papers

In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …


Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin Dec 1999

Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin

University of Michigan Journal of Law Reform

Federal law requires that Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs) provide Medicare beneficiaries with specific grievance and appeal rights for challenging adverse decisions of these organizations. The Health Care Financing Administration (HCFA) is charged with enforcing these regulations. Currently, however, HCFA contracts with HMOs, allowing them to enroll Medicare beneficiaries despite the fact that many of the statutory and regulatory requirements are ignored by the Medicare HMOs. This is problematic because the elderly Medicare population may not be able to independently and adequately challenge the HMO's denial of care or reimbursement. Because HCFA has been reluctant and …


Is The Clean Air Act Unconstitutional?, Cass R. Sunstein Nov 1999

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …


Regulating Through Information: Disclosure Laws And American Health Care, William M. Sage Nov 1999

Regulating Through Information: Disclosure Laws And American Health Care, William M. Sage

Faculty Scholarship

Efforts to reform the American health care system through direct government action have failed repeatedly. Nonetheless, an alternative strategy has emerged from these experiences: requiring insurance organizations and health care providers to disclose information to the public. In this Article, Professor Sage assesses the justifications for this type of regulation and its prospects. In particular, he identifies and analyzes four distinct rationales for disclosure. He finds that the most commonly articulated goal of mandatory disclosure laws-improving the efficiency of private purchasing decisions by giving purchasers complete information about price and quality- is the most complicated operationally. The other justifications-which he …


Board Of Registered Nursing, Gina Clark-Bellak Jul 1999

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.


Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth Jul 1999

Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Matthew F. Archbold Jul 1999

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Jane K. Babin Jul 1999

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.


Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth Jul 1999

Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Allen R. Greenway Jul 1999

Veterinary Medical Board, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.