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Health Law and Policy Commons™

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Loyola University Chicago, School of Law

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Articles 361 - 390 of 727

Full-Text Articles in Health Law and Policy

The Consequences Of Restricted Health Care Access For Immigrants: Lessons From Medicaid And Schip, Janet M. Calvo Jan 2008

The Consequences Of Restricted Health Care Access For Immigrants: Lessons From Medicaid And Schip, Janet M. Calvo

Annals of Health Law and Life Sciences

This article explores the serious public health and health system concerns that arise from the exclusion of immigrants from health care access reform. Specifically, the author explains how Medicaid and SCHIP restrictions limit healthcare access for eligible citizens, undermine the functioning of the healthcare system, and hinder public health goals. These public health goals include: controlling contagious diseases, reducing infant mortality, and coordinating chronic disease care. Ultimately, the author concludes that providing health care access for noncitizens would further public health goals and implement a more rational and cost effective healthcare system.


The Nexus Between Immigrant Eligibility And Access: An Analysis Of The Economic, Social, And Linguistic Barriers To Health Care, Cory S. Bagby Jan 2008

The Nexus Between Immigrant Eligibility And Access: An Analysis Of The Economic, Social, And Linguistic Barriers To Health Care, Cory S. Bagby

Annals of Health Law and Life Sciences

No abstract provided.


A Revisionist Model Of Hospital Licensure., John D. Blum Jan 2008

A Revisionist Model Of Hospital Licensure., John D. Blum

Faculty Publications & Other Works

This article explores the use of a new governance approach in the context of American acute care hospital regulation, specifically focusing on the core regulatory process of licensure. This article calls for the alteration of current command and control regulations through the adoption of a four-part revisionist licensing model. The model seeks to reinvigorate the licensing process by making it not only more relevant to efficient operations, but also adaptable to current industry challenges. Based generally on alternative regulatory models such as responsive regulation, meta-regulation, and management-based regulation, the revisionist licensing proposal is driven by the broad goals of bureaucratic …


Erisa, Agency Costs, And The Future Of Healthcare In The United States, John Bronsteen Jan 2008

Erisa, Agency Costs, And The Future Of Healthcare In The United States, John Bronsteen

Faculty Publications & Other Works

Because so many Americans receive health insurance through their employers, the Employee Retirement Income Security Act (ERISA) of 1974 plays a dominant role in the delivery of health care in the United States. The ERISA system enables employers and insurers to save money by providing inadequate health care to employees, thereby creating incentives for these agents to act contrary to the interests of their principals. Such agency costs play a significant role in the current health care crisis and require attention when considering reform. We evaluate the two major health care reform movements by exploring the extent to which each …


Leveraging Tax-Exempt Status Of Hospitals, Lawrence E. Singer Jan 2008

Leveraging Tax-Exempt Status Of Hospitals, Lawrence E. Singer

Faculty Publications & Other Works

No abstract provided.


The Rush To Vaccinate: Are States Overstepping Their Boundaries By Mandating Vaccination Of School-Age Girls For Hpv?, Michelle Kaplan Jan 2008

The Rush To Vaccinate: Are States Overstepping Their Boundaries By Mandating Vaccination Of School-Age Girls For Hpv?, Michelle Kaplan

Public Interest Law Reporter

No abstract provided.


Mandating The Hpv Vaccine In Illinois: How Far Should The State Go To Protect Girls?, Janelle Skaloud Jan 2008

Mandating The Hpv Vaccine In Illinois: How Far Should The State Go To Protect Girls?, Janelle Skaloud

Public Interest Law Reporter

No abstract provided.


Rural Telehealth Networks: Saving Lives Through Increased Connectivity, Ann Weilbaecher Jan 2008

Rural Telehealth Networks: Saving Lives Through Increased Connectivity, Ann Weilbaecher

Public Interest Law Reporter

No abstract provided.


How Illinois Is Using Telemedicine To Improve Health Care Access In Rural Communities, Holly Carnell Jan 2008

How Illinois Is Using Telemedicine To Improve Health Care Access In Rural Communities, Holly Carnell

Public Interest Law Reporter

No abstract provided.


The Global Gag Rule - Let's Talk About It, Mansi Thakkar Jan 2008

The Global Gag Rule - Let's Talk About It, Mansi Thakkar

Public Interest Law Reporter

No abstract provided.


Lawsuits Over Tainted Heparin Manufactured In China: Is The Fda Becoming The Global Healthcare Authority? , Christina Laga Jan 2008

Lawsuits Over Tainted Heparin Manufactured In China: Is The Fda Becoming The Global Healthcare Authority? , Christina Laga

Public Interest Law Reporter

No abstract provided.


Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse Jan 2007

Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse

Annals of Health Law and Life Sciences

This article explores a recent Wisconsin Court of Appeals decision in a medical malpractice case and its ramifications regarding Wisconsin's informed consent statute. The authors compare and contrast this decision with previous Wisconsin Supreme Court cases and consider the relevance of applicable federal law. The article presents a thoughtful analysis of how the Wisconsin Court of Appeals should have approached the issue, as well as how it created potential conflicts regarding the ethical duties of healthcare providers treating children.


Transcribed Speech Of Dr. Paul Schyve, Paul Schyve Jan 2007

Transcribed Speech Of Dr. Paul Schyve, Paul Schyve

Annals of Health Law and Life Sciences

No abstract provided.


Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone Jan 2007

Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone

Annals of Health Law and Life Sciences

This article unwraps the nature and source of human errors involved in Radiology, revealing unique elements of the specialty that warrant special consideration in medical malpractice cases. The authors compare these errors to negligent practices in other professions and conclude that a general concept of negligence cannot adequately address the complexities of decision-making in Radiology. After analyzing legal precedent, they develop an innovative jury instruction that recognizes particular situations of error in Radiology that occur in the absence of negligence.


Table Of Contents, Annals Of Health Law Jan 2007

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum Jan 2007

Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Releasing Managed Care's Chokehold On Healthcare Providers, Kristin L. Jensen Jan 2007

Releasing Managed Care's Chokehold On Healthcare Providers, Kristin L. Jensen

Annals of Health Law and Life Sciences

This article addresses the imbalance of power between managed care organizations and physicians regarding the content of treatment information given to patients. The author provides a thoughtful discussion surrounding informed consent issues in a managed care environment, and how managed care organizations maintain their control over physicians. The author concludes by offering varied and insightful methods to even out the disparity of power.


Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook Jan 2007

Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook

Annals of Health Law and Life Sciences

This article explores the legal implications of pay for performance programs from the perspective of healthcare providers. The author provides an informative background on the emergence of pay for performance programs and examines the structure and operation of these programs. She then explores the liability issues of health plans and managed care organizations and delves into evidentiary issues related to pay for performance information. Her article concludes with some practical suggestions for providers in preparing for an expansion of these quality initiatives.


Just Scanning Around With Diagnostic Medical Ultrasound: Should State Regulate The Nondiagnostic Uses Of This Technology, Archie A. Alexander Jan 2007

Just Scanning Around With Diagnostic Medical Ultrasound: Should State Regulate The Nondiagnostic Uses Of This Technology, Archie A. Alexander

Annals of Health Law and Life Sciences

This article examines how the non-diagnostic uses of medical ultrasound may violate the prudent use of this technology and supports the proposal of state-based legislative efforts to protect consumers from abuse. The author identifies the potential health risks to consumers and reviews the existing federal and state regulations, ultimately recommending increased legislation and mandated control of this technology.


Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch Jan 2007

Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch

Annals of Health Law and Life Sciences

This article discusses the Best Pharmaceuticals for Children Act and the FDA's request for placebo-controlled studies of drugs to treat OCD and depression in children. First, the article explains the need to test drugs in children and examines the reasons this testing has not occurred. Next, the article describes the legislative and administrative responses to remedy this lack of research and assesses the ethics and legality of their implementation. The article concludes that these initiatives are legally and ethically acceptable until a safe and effective treatment is determined--at which point the use of placebos in pediatric testing must be replaced …


Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn Jan 2007

Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn

Annals of Health Law and Life Sciences

This article explores the problems within a niche area of health law, the Health Professional Shortage Area (HPSA) safe harbor of the Anti-Kickback Statute. The author advocates for its removal by discussing how the HPSA designation is being used incorrectly to curb fraudulent behavior and how the current provision serves few hospitals. The author concludes by suggesting innovative solutions to remedy the problems with the current HPSA designation system.


Table Of Contents, Annals Of Health Law Jan 2007

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum Jan 2007

Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Defending Hospital Mergers After The Ftcs Unorthodox Challenge To The Evanston Northwestern - Highland Park Transaction, Tom Campbell Jan 2007

Defending Hospital Mergers After The Ftcs Unorthodox Challenge To The Evanston Northwestern - Highland Park Transaction, Tom Campbell

Annals of Health Law and Life Sciences

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.


Electronic Healthcare Data Collection And Pay-For-Performance: Translating Theory Into Practice, Ramesh C. Sachdeva Jan 2007

Electronic Healthcare Data Collection And Pay-For-Performance: Translating Theory Into Practice, Ramesh C. Sachdeva

Annals of Health Law and Life Sciences

With insight grounded in his work for a national data collection consortium and as Vice President of Quality and Outcomes at the Children's Hospital of Wisconsin, the author connects the theory of pay-for-performance to the realities of its implementation. The author expands the Diagnosing the Data conversation by describing the challenges of collecting meaningful data and by addressing the potential legal issues that data use raises. Drawing on his national and local experience, the author concludes with suggestions for adopting data collection programs that are both clinically relevant and scientifically reliable.


The Adoption Of Electronic Health Records: Benefits And Challenges, Karoline Kreuser Jan 2007

The Adoption Of Electronic Health Records: Benefits And Challenges, Karoline Kreuser

Annals of Health Law and Life Sciences

No abstract provided.


Private Laws And Their Effect On Healthcare Organizations, Melissa A. Irving Jan 2007

Private Laws And Their Effect On Healthcare Organizations, Melissa A. Irving

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Stephen Weiser, Stephen Weiser Jan 2007

Transcribed Speech Of Stephen Weiser, Stephen Weiser

Annals of Health Law and Life Sciences

No abstract provided.


Performance Data Collection As A Means To Measure Provers' Quality Of Care, Karen L. Henley Jan 2007

Performance Data Collection As A Means To Measure Provers' Quality Of Care, Karen L. Henley

Annals of Health Law and Life Sciences

No abstract provided.


The Dinosaur In The Officer: A Consideration Of The Technical And Ethical Issues Surrounding The Adoption Of Digital Medical Data And The Extinction Of The Paper Record, Kristin E. Schleiter Jan 2007

The Dinosaur In The Officer: A Consideration Of The Technical And Ethical Issues Surrounding The Adoption Of Digital Medical Data And The Extinction Of The Paper Record, Kristin E. Schleiter

Annals of Health Law and Life Sciences

No abstract provided.