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Health Law and Policy Commons

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Washington and Lee University School of Law

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Articles 121 - 150 of 193

Full-Text Articles in Health Law and Policy

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi Sep 2008

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost Jan 2008

Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Is Health Insurance A Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost Jan 2008

Is Health Insurance A Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie Jan 2008

Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie

Scholarly Articles

No abstract provided.


Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady Jun 2007

Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady

Washington and Lee Law Review

No abstract provided.


Shifting Risk Of Ruin To Consumers: The Role Of Tax Law In American Health Policy, Timothy Stoltzfus Jost Jan 2007

Shifting Risk Of Ruin To Consumers: The Role Of Tax Law In American Health Policy, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


The American Right-Wing Policy Agenda, Timothy Stoltzfus Jost Jan 2007

The American Right-Wing Policy Agenda, Timothy Stoltzfus Jost

Scholarly Articles

Right-wing health policy is alive and well in the United States. Pro-business and libertarian health policy advocacy groups, generously funded by right-wing foundations (and, in some instances, by the health care industry), produce a continuous stream of press releases, policy-statements, books, articles, and symposia, as well as testimony before legislative and administrative bodies. Their positions are taken very seriously by the American media, who make certain that right-wing policy experts are represented in any discussion of current health policy issues.


The Massachusetts Health Plan: Public Insurance For The Poor, Private Insurance For The Wealthy, Self-Insurance For The Rest?, Timothy Stoltzfus Jost Jan 2007

The Massachusetts Health Plan: Public Insurance For The Poor, Private Insurance For The Wealthy, Self-Insurance For The Rest?, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Constitutional Arguments In Favor Of Modifying The Hcqia To Allow The Dissemination Of Physician Information To Healthcare Consumers, Laura A. Chernitsky Mar 2006

Constitutional Arguments In Favor Of Modifying The Hcqia To Allow The Dissemination Of Physician Information To Healthcare Consumers, Laura A. Chernitsky

Washington and Lee Law Review

No abstract provided.


Our Broken Health Care System And How To Fix It: An Essay On Health Law And Policy, Timothy Stoltzfus Jost Jan 2006

Our Broken Health Care System And How To Fix It: An Essay On Health Law And Policy, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost Jan 2006

Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan Sep 2005

"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Consumer-Driven Health Care In South Africa: Lessons From Comparative Health Policy Studies, Timothy Stoltzfus Jost Jan 2005

Consumer-Driven Health Care In South Africa: Lessons From Comparative Health Policy Studies, Timothy Stoltzfus Jost

Scholarly Articles

Consumer-driven health care, based on health savings accounts and high deductible health insurance policies, seems to be the next big thing in U.S. health policy. Long supported by conservative and libertarian advocacy groups, it received a big-boost with the HSA tax subsidy provisions of the Medicare Modernization Act. The question remains, however, whether consumer-driven health care can really bring down health care costs while improving quality and access, as its supporters claim that it will.

This article examines the experience of South Africa, where medical savings accounts have long been available and are widely used. It concludes that South Africa's …


The Role Of State Regulation In Consumer-Driven Health Care, Timothy Stoltzfus Jost, Mark A. Hall Jan 2005

The Role Of State Regulation In Consumer-Driven Health Care, Timothy Stoltzfus Jost, Mark A. Hall

Scholarly Articles

The Consumer-directed health care movement has recently been given a major boost by section 223 of the Medicare Modernization Act, which provides federal income tax subsidies for health savings accounts coupled with high deductible health plans. The federal tax subsidy, however, will only be available in states whose program of insurance regulation permits high deductible health plans to exist. The MMA represents, therefore, a new approach to federalism in health insurance - offering tax incentives for states to change their approach to insurance regulation rather than preempting state regulation or imposing federal regulation. To date the states have generally responded …


The Supreme Court Limits Lawsuits Against Managed Care Organizations, Timothy Stoltzfus Jost Aug 2004

The Supreme Court Limits Lawsuits Against Managed Care Organizations, Timothy Stoltzfus Jost

Scholarly Articles

In Aetna Health Inc. v. Davila, the United States Supreme Court revisited the question of whether the Employee Retirement Income Security Act (ERISA) precludes state lawsuits against ERISA plans. The Court held that ERISA preempts damage actions brought against managed care organizations under the Texas Health Care Liability Act because ERISA itself provides the exclusive remedy for challenging ERISA plans' coverage decisions. The Court suggested, however, that health plans might be liable for treatment decisions made by employed physicians. It also volleyed back to Congress the question of whether ERISA beneficiaries should have any remedy for damages caused by coverage …


Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost Jan 2004

Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost

Scholarly Articles

This article describes how other countries organize and finance their health care systems, and how the performance of those health care systems compares with that of the United States. It also examines why the United States, unlike all other developed countries, has failed to provide universal access to health care services.


Professional Sovereignty In A Changing Health Care System: Reflections On Paul Starr's The Social Transformation Of American Medicine, Timothy Stoltzfus Jost, Keith Wailoo, Mark Schlesinger Jan 2004

Professional Sovereignty In A Changing Health Care System: Reflections On Paul Starr's The Social Transformation Of American Medicine, Timothy Stoltzfus Jost, Keith Wailoo, Mark Schlesinger

Scholarly Articles

Not available.


Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost Jan 2004

Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost

Scholarly Articles

This symposium explores the complex relationship between health law and administrative law. It is based on the observation that these two fields of law are peculiarly intertwined. It attempts to understand why this is so, as well as whether it is necessary and whether it is desirable. Would we as a society, that is, be better off if health law were less permeated by administrative law? Even if we would be better off, is it indeed possible to extricate health law from administrative law? This essay begins by defining health law and administrative law. It then proceeds to describe the …


The Uses Of The Social Transformation Of American Medicine: The Case Of Law, Timothy Stoltzfus Jost Jan 2004

The Uses Of The Social Transformation Of American Medicine: The Case Of Law, Timothy Stoltzfus Jost

Scholarly Articles

Not available.


Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter Jan 2004

Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter

Washington and Lee Law Review

No abstract provided.


Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams Jan 2004

Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams

Washington and Lee Law Review

No abstract provided.


In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie Jan 2004

In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie

Washington and Lee Law Review

No abstract provided.


Medicare Meets Mephistopheles, David A. Hyman Sep 2003

Medicare Meets Mephistopheles, David A. Hyman

Washington and Lee Law Review

No abstract provided.


The Politics Of Medicare Reform, Jonathan Oberlander Sep 2003

The Politics Of Medicare Reform, Jonathan Oberlander

Washington and Lee Law Review

No abstract provided.


Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander Sep 2003

Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander

Washington and Lee Law Review

No abstract provided.


Modernizing Medicare's Benefit Structure, Marilyn Moon Sep 2003

Modernizing Medicare's Benefit Structure, Marilyn Moon

Washington and Lee Law Review

No abstract provided.


What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly Sep 2003

What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly

Washington and Lee Law Review

No abstract provided.


Paying For Quality And Doing It Right, Robert A. Berenson Sep 2003

Paying For Quality And Doing It Right, Robert A. Berenson

Washington and Lee Law Review

No abstract provided.


Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris Sep 2003

Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris

Washington and Lee Law Review

No abstract provided.


Mediating With An 800-Pound Gorilla: Medicare And Adr, Phyllis E. Bernard Sep 2003

Mediating With An 800-Pound Gorilla: Medicare And Adr, Phyllis E. Bernard

Washington and Lee Law Review

No abstract provided.