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Articles 541 - 570 of 727
Full-Text Articles in Health Law and Policy
Loyola Hosts Forum Exploring Lead Poisoning, Valerie Puryear
Loyola Hosts Forum Exploring Lead Poisoning, Valerie Puryear
Public Interest Law Reporter
No abstract provided.
Lead Poisoning Threatens Children's Health, Legal System Responds, Anita Weinberg
Lead Poisoning Threatens Children's Health, Legal System Responds, Anita Weinberg
Public Interest Law Reporter
No abstract provided.
Students Assume Legislator-Role To Tackle Lead Paint Poisoning Problem, Maria A. Petrone, Lori Hall-Armstrong, Gia Divito, Jayne Westendorp-Holland
Students Assume Legislator-Role To Tackle Lead Paint Poisoning Problem, Maria A. Petrone, Lori Hall-Armstrong, Gia Divito, Jayne Westendorp-Holland
Public Interest Law Reporter
No abstract provided.
Seventh Circuit Upholds Injunction Against Pro-Life Groups For Violation Of Rico, Rebecca L. Mattison
Seventh Circuit Upholds Injunction Against Pro-Life Groups For Violation Of Rico, Rebecca L. Mattison
Public Interest Law Reporter
No abstract provided.
Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski
Sixth Circuit To Decide Whether Medicaid-Eligible Children Have Redress In Federal Court System, Jamie Rutkowski
Public Interest Law Reporter
No abstract provided.
Regulation Of Online Pharmacies: A Case For Cooperative Federalism, Sara E. Zeman
Regulation Of Online Pharmacies: A Case For Cooperative Federalism, Sara E. Zeman
Annals of Health Law and Life Sciences
Ms. Zeman examines the regulatory challenges and responses arising from online pharmacies. In particular, Ms. Zeman discusses the roles taken by the States' attorney general offices, the States' legislatures, and the pharmaceutical industry itself, to ensure protection for those consumers seeking health care via the Internet.
Striving For A Secure Environment: A Closer Look At Hospital Security Issues Following The Infant Abduction At Loyola University Medical Center, Amy Baum Goodwin
Striving For A Secure Environment: A Closer Look At Hospital Security Issues Following The Infant Abduction At Loyola University Medical Center, Amy Baum Goodwin
Annals of Health Law and Life Sciences
Ms. Goodwin discusses the need for heightened hospital security in light of the infant abduction at the Loyola University Medical Center in May, 2000. The article first discusses general security issues endemic to the hospital environment; it then explores protective measures enacted by legislative agencies to reduce the likelihood of violence in hospitals. The article then points to recent litigation arising out of a failure to create a safe hospital environment. Finally, Ms. Goodwin considers the consequences that hospitals and society must face when the hospitals fail to comply with safety procedures.
Foreword, John Blum, Joan Krause, Larry Singer
Foreword, John Blum, Joan Krause, Larry Singer
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.
Recovery Of Medicare And Medicaid Overpayments In Bankruptcy, Peter R. Roest
Recovery Of Medicare And Medicaid Overpayments In Bankruptcy, Peter R. Roest
Annals of Health Law and Life Sciences
Mr. Roest argues in favor of the Third Circuit's decision in University Medical Center v. Sullivan to advance the proposition that the Doctrine of Recoupment should be applied narrowly in health care bankruptcy cases. The article begins by introducing key provisions of the Medicare Act and Bankruptcy Code, and by distinguishing between recoupment and setoff. The article then focuses on the Third Circuit's decision, giving both a sketch of the court's decision and a commentary on the holding. The article concludes with a discussion of recoupment-related issues left open by the University Medical Center decision.
The Changing Role Of Pharmacy Practice - A Clinical Perspective, Jannet M. Carmichael, Janice A. Cichowlas
The Changing Role Of Pharmacy Practice - A Clinical Perspective, Jannet M. Carmichael, Janice A. Cichowlas
Annals of Health Law and Life Sciences
Professor Carmichael and Dr. Cichowlas argue for the reexamination of the pharmacist's role in the current health care system. Reexamination is necessitated due to changing complexities of the health care system as evidenced by increased economic demands and pharmaceutical surpluses. The authors advocate for Collaborative Drug Therapy Management, in which physicians and pharmacists maximize patient care by pooling their areas of expertise together.
Internet Prescribing Limitations And Alternatives, Kara M. Friedman
Internet Prescribing Limitations And Alternatives, Kara M. Friedman
Annals of Health Law and Life Sciences
Ms. Friedman discusses the legal limitations placed on the consumer's ability to obtain drug prescriptions via the Internet. The article focuses on current legislative policies and regulations used to restrict access to prescription drugs over the Internet in the absence of a well-founded physician/patient relationship. The article argues that regulators might be able to satisfy the policy objective of ensuring that a learned intermediary is involved in prescription drug therapy by expanding the prescriptive authority of licensed pharmacists.
The Government, The Legislature And The Judiciary - Working Towards Remedying The Problems With The Civil False Claims Act: Where Do We Go From Here?, Raegan A. Mcclain
The Government, The Legislature And The Judiciary - Working Towards Remedying The Problems With The Civil False Claims Act: Where Do We Go From Here?, Raegan A. Mcclain
Annals of Health Law and Life Sciences
Ms. McClain examines the government's role in developing and applying the False Claims Act. The article explores the use and effectiveness of the False Claims Act to target fraud and other abuses in the health care system. The article then addresses past inequitable misuse of the Act resulting from improper judicial interpretation of the Act and offers suggestions for curbing some of the stricter provisions of the Act.
Responsive Regulation Of Internet Pharmacy Practice, David B. Brushwood
Responsive Regulation Of Internet Pharmacy Practice, David B. Brushwood
Annals of Health Law and Life Sciences
Professor Brushwood discusses the effectiveness of the Internet as a medium for carrying out pharmaceutical care. A proponent of Internet pharmacy, Professor Brushwood argues that pharmacy regulators could best protect and promote public health through responsive Internet regulation. Wary of state paternalism, the article advocates the Verified Internet Pharmacy Practice Site program of the National Association of Boards of Pharmacy as a model method for regulating pharmacy practices over the Internet.
For My Doctor's Eyes Only: Ferguson V. City Of Charleston, Sandi J. Toll
For My Doctor's Eyes Only: Ferguson V. City Of Charleston, Sandi J. Toll
Loyola University Chicago Law Journal
No abstract provided.
Construing Intellectual Property Rights And Competition Policy Consistently With Facilitating Access To Affordable Aids Drugs To Low-End Consumers, James T. Gathii
Construing Intellectual Property Rights And Competition Policy Consistently With Facilitating Access To Affordable Aids Drugs To Low-End Consumers, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Longevity And The Future: Challenges Of Health Policy, John D. Blum
Longevity And The Future: Challenges Of Health Policy, John D. Blum
Faculty Publications & Other Works
No abstract provided.
Overcoming Managed Care Regulatory Chaos Through A Restructured Federalism, John D. Blum
Overcoming Managed Care Regulatory Chaos Through A Restructured Federalism, John D. Blum
Faculty Publications & Other Works
No abstract provided.
Foreword, John D. Blum, Joan H. Krause, Lawrence E. Singer [email protected]
Foreword, John D. Blum, Joan H. Krause, Lawrence E. Singer [email protected]
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.
Telemedicine: The Invisible Legal Barriers To The Health Care Of The Future, Heather A. Daley
Telemedicine: The Invisible Legal Barriers To The Health Care Of The Future, Heather A. Daley
Annals of Health Law and Life Sciences
Telemedicine has the potential to transform the world of health care just as the Internet transformed the world of commerce. Ms. Daly examines two legal obstacles to expanding the use of telemedicine: licensure and liability. She defines telemedicine and discusses its common applications and significant benefits. Licensure laws and liability rules result in formidable barriers to the expanded use of telemedicine, while also failing to provide sufficient protection for consumers. Ms. Daly argues that for the benefits of telemedicine to reach those most in need, mutual recognition of licensing laws coupled with a universal standard of care is necessary.
The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld
The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld
Annals of Health Law and Life Sciences
Mr. Mustokoff, Mr. Swichar, and Ms. Herzfeld address the rudiments of the attorney/client privilege, its crime-fraud exception, corporate compliance programs, the United States government's quest for voluntary disclosure, and how those principles have been affected by United States v. Anderson.
A Critical Analysis Of Health And Human Services' Proposed Health Privacy Regulation In Light Of The Health Insurance Privacy And Accountability Act Of 1996, A. Craig Eddy
Annals of Health Law and Life Sciences
Dr. Eddy inquires, through a detailed analysis of relevant statutory provisions, whether it is likely that the HIPAA legislation or the Standards for Privacy of Individually Identifiable Health Information Regulations (SPIIHI) proposed by HHS will efficiently and cost effectively defend the privacy issues they were intended to safeguard. His paper critically analyzes the extremely broad and expensive course of action and tactics HHS has chosen to employ in this effort to determine whether HHS' proposal is an efficient use of health care dollars. To introduce his analysis, Dr. Eddy addresses the general concept of medical privacy and attempts to define …
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
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
Annals of Health Law and Life Sciences
Mr. Cogan and Mr. Johnson discuss the judicial review provisions of the Medicare Act, codified at 42 U.S.C. section 405(g) and (h), and the Supreme Court cases including Illinois Council that interpret the scope of the "arising under" language. They also examine the history of section 205(h) of the Social Security Act, including the most recent amendment contained in the Deficit Reduction Act of 1984. The relationship between 205(h), DEFRA, and section 405(h) is explored as well as the caselaw addressing and applying section 405(h) in light of Congress' 1984 amendments.
The Anti-Kickback Statute Standard(S) Of Intent: The Case For A Rule Of Reason Analysis, Timothy J. Aspinwall
The Anti-Kickback Statute Standard(S) Of Intent: The Case For A Rule Of Reason Analysis, Timothy J. Aspinwall
Annals of Health Law and Life Sciences
Mr. Aspinwall presents a comprehensive overview of the anti-kickback statute to show how Congress enacted the legislation to prevent inappropriate utilization and to reduce the ambiguity of the anti-kickback prohibitions by adding a knowing and willful requirement to the standard of intent. He discusses the different lines of caselaw on the anti-kickback standard of intent, and closely examines the standard endorsed by the OIG. He proposes adopting a standard of reasonableness modeled after the rule of reason from antitrust law, using cost-effectiveness as the primary criterion. He argues that a cost-benefit outcomes-based approach to the anti-kickback statute would better serve …
Informing, Claiming, Contracting: Enforcement In The Managed Care Era, Louise G. Trubek
Informing, Claiming, Contracting: Enforcement In The Managed Care Era, Louise G. Trubek
Annals of Health Law and Life Sciences
Professor Trubek describes the role of the states in patient and consumer protection in the managed care era. In particular, this article focuses on the managed care patient protection mechanisms used in Wisconsin: informing consumers, encouraging dispute resolution and influencing contracts. The discussion includes an analysis of the effects of these mechanisms on the actors in the health care regulatory area and concludes with an assessment of the actors' adaptations.
The Coming Millennium: Enduring Issues Confronting Catholic Health Care, Lawrence E. Singer, Elizabeth Johnson Lantz
The Coming Millennium: Enduring Issues Confronting Catholic Health Care, Lawrence E. Singer, Elizabeth Johnson Lantz
Annals of Health Law and Life Sciences
Professor Singer and Ms. Johnson Lantz provide a cogent overview of Catholic health care in the United States and address the key issues affecting Catholic health care in the coming years. In particular, (1) clarity in canonical and ethical interpretation; (2) industry consolidation; and (3) "next generation" sponsorship and the impact of these issues are discussed in detaiL The authors conclude that successful Catholic health care organizations must maintain strong mission and business fundamentals in an increasingly competitive reimbursement and regulatory environment.
Splitting Fees Or Splitting Hairs? Fee Splitting And Health Care - The Florida Experience, Richard O. Jacobs, Elizabeth Goodman
Splitting Fees Or Splitting Hairs? Fee Splitting And Health Care - The Florida Experience, Richard O. Jacobs, Elizabeth Goodman
Annals of Health Law and Life Sciences
Attorneys Jacobs and Goodman review the prohibitions against fee-splitting under Florida law and argue that Florida and other states need a clear statutory definition of prohibited activities. In addition, the authors argue that the Florida Board of Medicine has applied the prohibition against fee-splitting arbitrarily and in contrast to legal precedent set by the Second District Court of Appeals. Finally, the authors suggest that Minnesota provides clear legislative guidance on the issue of fee-splitting and that the approach adopted by Minnesota is more practical in today's complex health care reimbursement environment.
Federalism And Managed Care: Introductory Comments To The American Association Of Law Schools' Section On Law, Medicine And Health Care On The Role Of The States In Managed Care Regulation, John D. Blum
Annals of Health Law and Life Sciences
This section of the Annals of Health Law represents a compilation of materials concerning the state regulation of managed care. The following materials were first presented at the annual meeting of the American Association of Law Schools ("AALS"), Section on Law, Medicine and Health Care in January 1999. Chairman John Blum introduces the subject and questions the dual role assumed by state and federal authorities in regulating managed care.
Crossroads In Hospital Conversions - A Survey Of Nonprofit Hospital Conversion Legislation, Kevin F. Donohue
Crossroads In Hospital Conversions - A Survey Of Nonprofit Hospital Conversion Legislation, Kevin F. Donohue
Annals of Health Law and Life Sciences
Mr. Donohue discusses the history of nonprofit hospital conversions in the United States and analyzes the National Association of Attorneys General's Model Conversion Act. In addition, this article surveys conversion-related legislation of 17 states plus the District of Columbia. Finally, Mr. Donohue recommends the implementation of adequate safeguards to insure that nonprofit hospital assets are maximized and to insure that the subsequent use of conversion proceeds continues to fulfill the original charitable mission of the nonprofit hospital.