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Health Law and Policy Commons

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1999

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Articles 91 - 120 of 234

Full-Text Articles in Health Law and Policy

The Coming Millennium: Enduring Issues Confronting Catholic Health Care, Lawrence E. Singer, Elizabeth Johnson Lantz Jan 1999

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.


The Continuing Decline In Medicaid Coverage, Leighton Ku, Brian K. Bruen Jan 1999

The Continuing Decline In Medicaid Coverage, Leighton Ku, Brian K. Bruen

Health Policy and Management Faculty Publications

No abstract provided.


Social, Legal, And Ethical Issues, Karen H. Rothenberg Jan 1999

Social, Legal, And Ethical Issues, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Law & Health Care Newsletter, V. 5, No. 2, Spring 1999 Jan 1999

Law & Health Care Newsletter, V. 5, No. 2, Spring 1999

Law & Health Care Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 7, No. 1, Fall 1999 Jan 1999

Law & Health Care Newsletter, V. 7, No. 1, Fall 1999

Law & Health Care Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 6, No. 2, Spring 1999 Jan 1999

Law & Health Care Newsletter, V. 6, No. 2, Spring 1999

Law & Health Care Newsletter

No abstract provided.


Ignorance Is Not Bliss: Why A Ban On Human Cloning Is Unacceptable, Shannon H. Smith Jan 1999

Ignorance Is Not Bliss: Why A Ban On Human Cloning Is Unacceptable, Shannon H. Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Regulating Research On The Terminally Ill: A Proposal For Heightened Safeguards, D. Christian Addicott Jan 1999

Regulating Research On The Terminally Ill: A Proposal For Heightened Safeguards, D. Christian Addicott

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Splitting Fees Or Splitting Hairs? Fee Splitting And Health Care - The Florida Experience, Richard O. Jacobs, Elizabeth Goodman Jan 1999

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 Jan 1999

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 Jan 1999

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.


Table Of Contents, Annals Of Health Law Jan 1999

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


The "Knowingly And Willfully" Continuum Of The Anti-Kickback Statute's Scienter Requirement: Its Origins, Complexities, And Most Recent Judicial Developments, Douglas A. Blair Jan 1999

The "Knowingly And Willfully" Continuum Of The Anti-Kickback Statute's Scienter Requirement: Its Origins, Complexities, And Most Recent Judicial Developments, Douglas A. Blair

Annals of Health Law and Life Sciences

Mr. Blair analyzes the evolution of the Anti-Kickback Statute's scienter requirement. The article includes a historical review of the Anti-Kickback Statute and an in-depth discussion of three notable cases in this area, United States v. Greber, Hanlester Network v. Shalala, and United States v. Davis. The author concludes that without further guidance from either Congress or the Department of Health and Human Services, the split among circuits as to the proper definition of the Statute's scienter requirement makes the matter ripe for Supreme Court review.


Regulating Risk In A Managed Care Environment: Theory Vs. Practice, The Minnesota Experience, Barbara C. Colombo, Robert P. Webber Jan 1999

Regulating Risk In A Managed Care Environment: Theory Vs. Practice, The Minnesota Experience, Barbara C. Colombo, Robert P. Webber

Annals of Health Law and Life Sciences

Professor Colombo and Mr. Webber address the challenges that state regulators face in controlling the various forms of managed care as numerous hybrid risk-bearing entities emerge. This article also highlights the tensions between consumer protection and market competition and focuses on the experience of Minnesota regulators in this area.


The Police Power And The Regu0lation Of Medical Practice: A Historical Review And Guide For Medical Licensing Board Regulation Of Physicians In Erisa-Qualified Managed Care Organizations, Edward P. Richards Jan 1999

The Police Power And The Regu0lation Of Medical Practice: A Historical Review And Guide For Medical Licensing Board Regulation Of Physicians In Erisa-Qualified Managed Care Organizations, Edward P. Richards

Annals of Health Law and Life Sciences

Professor Richards reviews the use of the state police power to regulate the medical profession. In addition, Professor Richards analyzes the role of physicians in managed care organizations, and describes how this role can be controlled through state police power regulation.


The Role Of The States In Combating Managed Care Fraud And Abuse, Joan H. Krause Jan 1999

The Role Of The States In Combating Managed Care Fraud And Abuse, Joan H. Krause

Annals of Health Law and Life Sciences

Professor Krause describes the weapons available to state regulators to address managed care fraud. Although many commentators have focused on recent federal anti-fraud efforts, Professor Krause argues that the states, through the use of a number of existing legal theories, have the most flexibility to combat fraudulent managed care practices. By using these targeted state-based efforts (in contrast to broader federal provisions), state regulators may be able to resolve problems more efficiently and with greater patient benefits.


Health Care Providers And Fraud Investigations: What Can You Do When The Goverment Changes The Rules In The Middle Of The Game?, Gordon E. Rountree Jr. Jan 1999

Health Care Providers And Fraud Investigations: What Can You Do When The Goverment Changes The Rules In The Middle Of The Game?, Gordon E. Rountree Jr.

Annals of Health Law and Life Sciences

Mr. Rountree addresses the federal government's multi-pronged attack on health care fraud and focuses on the options available to health care providers who are under investigation by the government. The article proposes three potential responses to fraud investigations, including: (1) lobbying the government for relief, (2) suing the government; or (3) waiting to defend or settle the fraud action. After analyzing each method, Mr. Rountree concludes that an aggressive lobbying campaign is likely to be the most successful of the three possible provider responses.


White Coat, Blue Collar: Physician Unionization And Managed Care, Ellen L. Luepke Jan 1999

White Coat, Blue Collar: Physician Unionization And Managed Care, Ellen L. Luepke

Annals of Health Law and Life Sciences

Ms. Luepke provides a historical review of the rise of the physician unionization movement in the United States. This article also examines the barriers faced by employed and independent physicians that prevent or limit their collective bargaining, and reviews the responses of the various organized medical societies to the physician unionization movement.


The Health Care Crisis Facing Women Under Taliban Rule In Afghanistan, Stephanie Dubitsky Jan 1999

The Health Care Crisis Facing Women Under Taliban Rule In Afghanistan, Stephanie Dubitsky

Human Rights Brief

No abstract provided.


Substance Abuse And An Urban Court's Family Division: A View From Baltimore City, Miriam B. Hutchins Jan 1999

Substance Abuse And An Urban Court's Family Division: A View From Baltimore City, Miriam B. Hutchins

Journal of Health Care Law and Policy

No abstract provided.


The Science Of Addiction: Research And Public Health Perspectives, Richard A. Millstein, Alan I. Leshner Jan 1999

The Science Of Addiction: Research And Public Health Perspectives, Richard A. Millstein, Alan I. Leshner

Journal of Health Care Law and Policy

No abstract provided.


Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn Jan 1999

Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn

Journal of Health Care Law and Policy

No abstract provided.


Substance Abuse, Families, And The Courts, Margarete Parrish Jan 1999

Substance Abuse, Families, And The Courts, Margarete Parrish

Journal of Health Care Law and Policy

No abstract provided.


Do Parents Have The Legal Authority To Consent To The Surgical Amputation Of Normal, Healthy Tissue From Their Infant Children?: The Practice Of Circumcision In The United States , Ross Povenmire Jan 1999

Do Parents Have The Legal Authority To Consent To The Surgical Amputation Of Normal, Healthy Tissue From Their Infant Children?: The Practice Of Circumcision In The United States , Ross Povenmire

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Legislative Developments In The Regulation Of Insurance Coverage: Will These New Regulations Benefit Women With Breast Cancer? , Julia Anastasio Jan 1999

Legislative Developments In The Regulation Of Insurance Coverage: Will These New Regulations Benefit Women With Breast Cancer? , Julia Anastasio

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Redland Soccer Club, Inc. V. Department Of The Army: The Recovery Of Medicial Monitoring Costs Under Hsca's Citizen Suit Provision, Craig A. Stevens Jan 1999

Redland Soccer Club, Inc. V. Department Of The Army: The Recovery Of Medicial Monitoring Costs Under Hsca's Citizen Suit Provision, Craig A. Stevens

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager Jan 1999

Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager

Fordham Urban Law Journal

This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …


Consumer-Directed Prescription Drug Advertising: Effects On Public Health , William E. Holtz Jan 1999

Consumer-Directed Prescription Drug Advertising: Effects On Public Health , William E. Holtz

Journal of Law and Health

This Paper will evaluate the effectiveness of the current FDA regulatory scheme regarding consumer-directed prescription drug advertising. Part II discusses the relevant history of consumer-directed prescription drug advertising of prescription drugs which is a relatively new practice in the United States. Possible explanations are reviewed for why the change in focus from physicians to consumers as the targets of such advertising has occurred. Part III explains the major classifications of consumer-directed advertising that the FDA has categorized and examines the differences existing among them. Part IV focuses on the current FDA regulatory scheme and begins to expose some of the …


Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast Jan 1999

Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

Journal of Health Care Law and Policy

No abstract provided.


Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt Jan 1999

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.