Health Law and Policy Commons^™

Mid-Atlantic Ethics Committee Newsletter, Summer 1999

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.

Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer

Law Faculty Research Publications

Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Managed Care And Provider Perspective, Fred M. Messing, Ann-Lynn Denker, Kathy Cerminara

University of Miami Business Law Review

No abstract provided.

The Role Of The Florida Board Of Medicine And The Bakarania Decision, David J. Winker, Robert R. Pupo, Marshall R. Burack, Alberto M. Hernandez

University of Miami Business Law Review

No abstract provided.

College Students Be Aware: Problems And Pitfalls In Student Health Insurance, Kelly L. Wright

University of Miami Business Law Review

No abstract provided.

Exit And Voice In American Health Care, Marc A. Rodwin

University of Michigan Journal of Law Reform

Until the 1960s, the main way for patients to affect health care institutions was by choosing their doctors or hospitals or leaving those with which they were dissatisfied. They had few avenues to exert their voice to bring about change through complaints, politics, or other means. The balance between exit and voice shifted in the 1960s, as the women's health and disability rights movements brought about change by increased use of political voice and, to a lesser degree, by exit. With the growth of managed care since the 1980s, enrolled individuals have had fewer opportunities for exit and greater potential …

Board Of Dental Examiners, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer

University of Michigan Journal of Law Reform

Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …

Playing Doctor: Corporate Medical Practice And Medical Malpractice, E. Haavi Morreim

University of Michigan Journal of Law Reform

Although health plans once existed mainly to ensure that patients could pay for care, in recent years managed care organizations (MCOs) have attempted to limit expenditures by exercising significant influence over the kinds and levels of care provided. Some commentators argue that such influence constitutes the practice of medicine, and should subject MCOs to the same medical malpractice torts traditionally brought against physicians. Others hold that MCOs engage only in contract interpretation, and do not literally practice medicine.

This Article begins by arguing that traditional common law doctrines governing corporate practice of medicine do not precisely apply to the current …

Managed Care Public Policy, Stephen J. Demontmollin

University of Miami Business Law Review

No abstract provided.

Fraud And Abuse, Mark Langdon, Eric S. Tower, Eric Roth

University of Miami Business Law Review

No abstract provided.

The Importance Of Compliance Programs For The Health Care Industry, Marcos D. Jimenez, Dana Foster

University of Miami Business Law Review

No abstract provided.

Regulation Of Healthcare Professionals In Florida, Sean M. Ellsworth

University of Miami Business Law Review

No abstract provided.

Ppmcs: A Perspective, Jeffrey L. Cohen

University of Miami Business Law Review

No abstract provided.

Florida Board Of Medicine Resists Change, Marshall R. Burack

University of Miami Business Law Review

No abstract provided.

Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower

University of Miami Business Law Review

No abstract provided.

Physician Practice Management, Marc H. Auerbach, Jeffrey L. Cohen, Jay Martus

University of Miami Business Law Review

No abstract provided.

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.

Board Of Psychology, Jonathan Steer

California Regulatory Law Reporter

No abstract provided.

International Control Of Cholera: An Environmental Perspective To Infectious Disease Control, Julia A. Jones

Indiana Law Journal

No abstract provided.

Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer

Law Faculty Research Publications

As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …

How Not To Think About "Managed Care", Jacob S. Hacker, Theodore R. Marmor

University of Michigan Journal of Law Reform

The claim of this Article is that the concept of "managed care," like many concepts now prominent in commentary about medical care finance and delivery in the United States, is incoherent and thus a barrier to useful analysis. To demonstrate this conclusion, we first discuss the managerial context in which managed care claims have arisen and outline the diverse trends to which the category is regularly and confusingly applied. We then suggest an alternative approach to characterizing recent changes in medical care and show how this approach alters and deepens our understanding of recent economic and political developments. We conclude …