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Articles 241 - 270 of 727
Full-Text Articles in Health Law and Policy
The Stark Law In Retrospect, Patrick A. Sutton
The Stark Law In Retrospect, Patrick A. Sutton
Annals of Health Law and Life Sciences
Considering the ultimate goals of preventing the over-utilization of medical services and protecting the Medicare program, are the numerous phases of the Stark Law and their concomitant regulations effective; or, conversely, has the legislation served to impede entrepreneurialism among physicians to the detriment of innovations and better integration in the delivery of medical treatment? This article endeavors to answer the above question through an analysis of the policy goals behind the legislation; the evolution of its regulations; its effect on competitiveness in the field of medicine; and the ethical considerations implicated by the issue of physician self-referral. It further offers …
Table Of Contents , Annals Of Health Law
Table Of Contents , Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation, Richard Doan
The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation, Richard Doan
Annals of Health Law and Life Sciences
This article addresses the federal government's expansive methods in tackling healthcare fraud, particularly in misapplying the False Claims Act. Although tasked with the obligation to curtail the fraudulent submission of Medicare & Medicaid claims, the U.S. government must rein in the current trend to utilize the False Claims Act against smaller medical providers. As the Act's original focus has ebbed in significance, the government has increasingly applied the False Claims Act to circumstances that do not evince actual fraud. In doing so, federal courts have effectively eroded the statute's critical scienter requirement. The federal common-law doctrines of "payment by mistake" …
Squeezing The Middleman: Ending Underhanded Dealing In The Pharmacy Benefit Management Industry Through Regulation, Mark Meador
Squeezing The Middleman: Ending Underhanded Dealing In The Pharmacy Benefit Management Industry Through Regulation, Mark Meador
Annals of Health Law and Life Sciences
Pharmacy benefit management (PBM) companies are the middlemen of the pharmaceutical industry, designing plans for sponsors and insurers and pushing the products of manufacturers. Their unique position can often create conflicts of interest, which has been the basis of much litigation. This article reviews the structure of the PBM industry and analyzes concerns arising from its handling of prescription drug pricing, manufacturer rebates and discounts, and mail order pharmacies. After surveying several legislative proposals, it concludes with a comprehensive outline for legislation to eliminate underhanded dealing in the industry and lower the cost of prescription drugs.
Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs
Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs
Annals of Health Law and Life Sciences
Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principles, depending on the facts and issues involved. Nevertheless, Supreme Court jurisprudence is internally consistent. The Court has applied a level of scrutiny that, while rigorous, is more flexible than strict scrutiny. I denote this as "enhanced …
Between The Scylla And Charybdis: Physicians And The Clash Of Liability Standards And Cost Cutting Goals Within Accountable Care Organizations, Christopher Smith
Between The Scylla And Charybdis: Physicians And The Clash Of Liability Standards And Cost Cutting Goals Within Accountable Care Organizations, Christopher Smith
Annals of Health Law and Life Sciences
This article seeks to examine the conflict between non-cost-conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations ("ACOs") under the new health care reform law. This article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers' push for cost cutting measures, including ACOs. This article then examines the tension between cost containment efforts and medical liability standards through an examination of the "stuck in the middle" mentality that physicians face …
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
From Clinical Integration To Accountable Care, Mark Shields
From Clinical Integration To Accountable Care, Mark Shields
Annals of Health Law and Life Sciences
Four key challenges to reforming health care organizations can be addressed by a clinical integration model patterned after Advocate Physician Partners (APP). These challenges are: predominance of small group practices, dominant fee-for-service reimbursement methods, weaknesses of the traditional hospital medical staff structure and a need to partner with commercial insurance companies. APP has demonstrated teamwork between 3800 physicians and hospitals to improve quality, patient safety and cost-effectiveness. Building on this model, an innovative contract with Blue Cross Blue Shield of Illinois serves as a prototype for a commercial Accountable Care Organization. For this contract to succeed, APP must outperform the …
Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum
Reforming Health Reform: Revisiting The Process Of Governance, John D. Blum
Faculty Publications & Other Works
No abstract provided.
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
Faculty Publications & Other Works
No abstract provided.
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Global Access To Medicine: The Influence Of Competing Perspectives., Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Illinois Nursing Home Reform: Sorting Out The Deadly Mix, Sonia Piacenza
Public Interest Law Reporter
No abstract provided.
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Drug Tests For Welfare: Saving Taxpayer Money Or Flushing It Down The Drain?, Michelle Yoder
Public Interest Law Reporter
No abstract provided.
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Secret Shoppers In Illinois: Uncovering Startling Trends In Access To Healthcare, Kathryn C. Kokoczka
Public Interest Law Reporter
No abstract provided.
Perceiving Others As Different: A Discussion On The Stigmatization Of The Mentally Ill, Marchell Goins, Kyneitres Good, Cori Harley
Perceiving Others As Different: A Discussion On The Stigmatization Of The Mentally Ill, Marchell Goins, Kyneitres Good, Cori Harley
Annals of Health Law and Life Sciences
This commentary on the stigmatization of people with mental illness explores social perceptions of them as dangerous and uncivilized. The authors discuss how the legal system suggests that these are people who should be ousted from the community while mental health professionals attempt to reiterate the fact that these individuals are simply human. The authors describe ways people with mental illness have been subjected to discrimination, ridicule, and humiliation. This commentary discusses multiple perspectives of mental illness, from past to present, and how those perspectives influenced social, legal, and psychological frameworks.
Charter Rights & Health Care Funding: A Typology Of Canadian Health Rights Litigation, Colleen M. Flood, Y.Y. Brandon Chen
Charter Rights & Health Care Funding: A Typology Of Canadian Health Rights Litigation, Colleen M. Flood, Y.Y. Brandon Chen
Annals of Health Law and Life Sciences
Canadian health consumers have increasingly relied on the Charter of Rights and Freedoms to demand certain therapies and reasonably timely access to care. Organizing these cases into a 5-part typology, we examine how a rights-based discourse affects allocation of health care resources. First, successful Charter challenges can, in theory, lead to courts granting and enforcing positive rights to therapies or to timely care. Second, courts may grant a right to certain health services; however, subsequently government fails to deliver on this right. Third, successful litigation may create negative rights, i.e. rights to access care or private health insurance without government …
Mental Health Courts: Serving Justice And Promoting Recovery, Ginger Lerner Wren
Mental Health Courts: Serving Justice And Promoting Recovery, Ginger Lerner Wren
Annals of Health Law and Life Sciences
This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the …
The Aftermath Of Federal Health Care Reform: The Challenge For States And The Private Sector, Lawrence E. Singer
The Aftermath Of Federal Health Care Reform: The Challenge For States And The Private Sector, Lawrence E. Singer
Annals of Health Law and Life Sciences
No abstract provided.
Medicare: It's Time To Talk About Changing It, Cynthia E. Boyd
Medicare: It's Time To Talk About Changing It, Cynthia E. Boyd
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
What I Talk About When I Talk About Health Law, Elizabeth Weeks Leonard
What I Talk About When I Talk About Health Law, Elizabeth Weeks Leonard
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Health Care Law: A Field Of Gaps, David Orentlicher
Health Care Law: A Field Of Gaps, David Orentlicher
Annals of Health Law and Life Sciences
No abstract provided.
Long Term Care: The Next Healthcare Frontier, Seth J. Chandler
Long Term Care: The Next Healthcare Frontier, Seth J. Chandler
Annals of Health Law and Life Sciences
No abstract provided.
Reflections On Healthcare Fraud Enforcement And Corporate Compliance... With A Kentucky Flavor, John E. Steiner Jr.
Reflections On Healthcare Fraud Enforcement And Corporate Compliance... With A Kentucky Flavor, John E. Steiner Jr.
Annals of Health Law and Life Sciences
No abstract provided.
Twenty-Five Years Of Health Law Through The Lens Of The Civil False Claims Act, Joan H. Krause
Twenty-Five Years Of Health Law Through The Lens Of The Civil False Claims Act, Joan H. Krause
Annals of Health Law and Life Sciences
No abstract provided.
The Importance Of Health Law Attorneys In The U.S. Army, Joseph Baar Topinka
The Importance Of Health Law Attorneys In The U.S. Army, Joseph Baar Topinka
Annals of Health Law and Life Sciences
No abstract provided.
Thirty-Five Years Of Health Law In Illinois, Saul J. Morse
Thirty-Five Years Of Health Law In Illinois, Saul J. Morse
Annals of Health Law and Life Sciences
No abstract provided.
Health Law Past And Future: Looking For Stability In All The Wrong Places, Peter D. Jacobson
Health Law Past And Future: Looking For Stability In All The Wrong Places, Peter D. Jacobson
Annals of Health Law and Life Sciences
No abstract provided.