Health Law and Policy Commons^™

The Government's Role In Health Care Delivery, Linda Reneé Baker

Annals of Health Law and Life Sciences

As Secretary of Illinois' largest agency, the Department of Human Services, Secretary Baker provides a thorough overview of the role her agency plays in the ongoing health and welfare of the citizens of Illinois. Her contention that government should play a critical role in health care delivery is buttressed by the DHS' role as a funding agent, its contributions of staff and systems, and the direct role it plays in the pursuit of truly public health care. Secretary Baker effectively demonstrates the complexities and disparities that still exist in health care by discussing an inter-generational study of one poor family …

Taking A Closer Look At The Managed Care Class Actions: Impact Litigation As An Assist To The Market, Kathy L. Cerminara

Annals of Health Law and Life Sciences

Professor Cerminara examines the use of class action lawsuits to empower individuals to challenge health care decision-making. The article begins by noting the benefits of class actions which provide strength in numbers and a far-ranging impact by challenging policy decisions and encouraging corporate responsiveness. Professor Cerminara concludes that class actions are but one step in the process of empowering individuals and decreasing their resentment of the lack of process currently within the health care system.

Competition Law's Role In Health Care Quality, John V. Jacobi

Annals of Health Law and Life Sciences

Professor Jacobi's essay analyzes the various regulatory responses that are available to the government when crises in quality of care occur. These responses range from complete government involvement, i.e. "command and control" regulation, to a limited caretaker role in maximizing market forces. In responding to the recent IOM Report on human error in medical care, Professor Jacobi looks back to the 1986 IOM Report that revealed the crisis of care going on in nursing homes as well as the more recent controversy involving managed care. Following his analysis of the varied governmental approaches to these issues, Professor Jacobi concludes that …

Paradigms Revised: Intersex Children, Bioethics & The Law, Laura Hermer

Annals of Health Law and Life Sciences

Ms. Hermer explores the controversy surrounding the management of intersex infants and children in America. Her focus on the areas of medical malpractice and informed consent leads her to the conclusion that contrary to some recommendations, a moratorium on cosmetic genital and sex assignment surgeries for infants and children is not warranted. Rather, providers should focus on offering parents with complete information, referrals to support groups and forthright discussions on the dearth of information available.

Health Care Quality Information Liability & Privilege, Sharon King Donohue

Annals of Health Law and Life Sciences

As the General Counsel for the National Committee for Quality Assurance, which accredits health plans and measures outcome performance, Ms. Donohue is in a unique position to comment on the use of such data in litigation against health plans and providers. After reviewing the growing tide of class-action lawsuits in this area, she argues that such information should be protected under the common law privilege of self-critical analysis, extended to third parties, because such privilege would protect and encourage quality assessment. Ms. Donohue further argues that the sharing and reporting of this information on a system-wide level will allow plans …

The Business Associate Brain Teaser: A Look At Problems Involving The Business Associate Regulations Under The Health Insurance Portability And Accountability Act Of 1996, Randi Heitzman

Annals of Health Law and Life Sciences

Ms. Heitzman addresses in her article the impact of the Administration Simplification statute of the Health Insurance Portability and Accountability Act of 1996 on the protection of health information by third parties to health care transactions. These regulations were enacted, in part, to increase consumers' trust in the health care system. However, their impact on business associates that come into contact with the health care entities has been a source of contention and confusion since they were drafted. This article concludes that the current regulations are too ambiguous and complex to achieve the goals of protection of privacy and Congress' …

Medical Errors: Causes, Cures, And Capitalism, Keith Myers

Journal of Law and Health

This article explores the causes of medical error, the medical profession's responses to errors, and how the legal system responds to medical error through litigation and legislation. Part II discusses the definition of "medical error," the frequency and pervasiveness of the problem, and the causes at the individual and system level. Part III considers how the culture of medicine has largely failed to address medical errors as a systems-based problem, and how the legal culture discourages admitting errors due to the threat of litigation. Focusing on systems, data must be collected and analyzed, and legal guidelines developed to encourage error …

Information Is The Key To Patient Empowerment, Robert John Kane

Annals of Health Law and Life Sciences

Mr. Kane's paper examines the role of patients to ensure that they have both the knowledge and power to direct their health care choices. The evolving health care market place is discussed to emphasize the increased importance of individual involvement in health decision making. A checklist sets forth questions which a patient should ask of herself and of her provider before entering into health care decisions.

The Legal Liability Regime: How Well Is It Doing In Assuring Quality, Accounting For Costs, And Coping With An Evolving Reality In The Health Care Marketplace?, James F. Blumstein

Annals of Health Law and Life Sciences

Professor Blumstein's timely article deals with two competing paradigms that provide the poles in the spectrum of legal liability regimes. The "professional" or "scientific" model of liability assumes a rigidly normative approach to medical practice while the second more recent paradigm reflects the principles of marketplace economics in considering cost and resource availability to determine quality of care standards. Professor Blumstein concludes that the traditional approach to determining legal liability is being eroded by both the economics of managed care and the recent emphasis on systemic management of health care to promote patient safety, and that the traditional regime will …

Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean

UIC John Marshall Journal of Information Technology & Privacy Law

Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …

Bio-Ethics And Physician Liability: The Liability Effects Of Developing Pain Management Standards, Steven E. Stark

St. Thomas Law Review

As the legal and regulatory environment related to health law becomes more complex, a health care provider's exposure to potential civil liability claims from patients and their families, possible disciplinary charges from regulatory agencies, and state and federal criminal charges has expanded as well. It is often stated that the law is intended to define and enforce legal duties, not moral or ethical obligations. Nevertheless, bioethical debates help shape the development of accepted professional standards which, if violated, often form the basis for imposition of civil, criminal, and administrative penalties. Developing ethical debates result in "prevailing professional standards" that lead …

Co-Occurring Disorders Problem Gambling Integrated Treatment Workbook, Kathleen Moore, Chad O. Matthews, W. Michael Hunt, Laura Pape

Mental Health Law & Policy Faculty Publications

In this stage (which will be discussed in Module 8 in more detail) the client has achieved abstinence for at least six months. As relapse of substance use and gambling disorders is common, one important goal is to help maintain an awareness that relapse is possible and to take steps to minimize the chan ces of relapse occurring. A second goal of this stage is to expand the client’s recovery to other areas of functioning such as social relationships and health. Comm on strategies include developi ng a relapse prevention plan, participating in self-help groups , and working on rehabilitation.

Co-Occurring Disorders Treatment Workbook, W. Michael Hunt, Kathleen A. Moore, Chad Matthews, Laura Pape

Mental Health Law & Policy Faculty Publications

The co-occurring disorders treatment manual and its companion client workbook were created over a period of several months through the efforts of a working group comprised of substance abuse treatment practitioners and researchers affiliated with the Tampa PIC/Suncoast Practice and Research Collaborative project. The manual was field tested in several treatment agencies in the Tampa Bay area and was then refined through feedback received by practitioners and clients regarding the manual’s utility, ease of comprehension, and perceived relevance of the material to their needs.

Based on the overwhelming number of requests by both counselors and clients, this client workbook was …

Co-Occurring Disorders Treatment Manual, Kathleen A. Moore, Chad Matthews, W. Michael Hunt, Laura Pape

Mental Health Law & Policy Faculty Publications

This manual was created over a period of several months through the efforts of a working group comprised of substance abuse treatment practitioners and researchers affiliated with the Tampa PIC/Suncoast Practice and Research Collaborative project. The manual was field tested in several treatment agencies in the Tampa Bay area, and was then refined through feedback received by practitioners and clients regarding the manual’s utility, ease of comprehension, and perceived relevance of the material to their needs.

This manual provides a guide for conducting treatment groups related to co-occurring substance use and mental health disorders. Counselors should feel free to adapt …

The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis

Journal of Health Care Law and Policy

No abstract provided.

New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith

Journal of Health Care Law and Policy

No abstract provided.

Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes

Journal of Health Care Law and Policy

No abstract provided.

Mediating Disputes In Managed Care: Resolving Conflicts Over Covered Services, Nancy Neveloff Dubler

Journal of Health Care Law and Policy

No abstract provided.

(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey

Journal of Health Care Law and Policy

No abstract provided.

The Lead-Based Paint Abatement Repair & Maintenance Study In Baltimore: Historic Framework And Study Design, Joanne Pollak

Journal of Health Care Law and Policy

No abstract provided.

How Doctors Became Distributors: A Fabled Story Of Vertical Relations, Peter J. Hammer

Loyola Consumer Law Review

No abstract provided.

Who Determines The Optimal Trade-Off Between Quality And Price?, Barbara Ann White

Loyola Consumer Law Review

No abstract provided.

Beyond The Viewbox: The Radiologist's Duty To Communicate Findings, 35 J. Marshall L. Rev. 359 (2002), Marc Ginsberg

UIC Law Review

No abstract provided.

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

Opening Remarks, Ben Chandler

Kentucky Law Journal

No abstract provided.

Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison

Kentucky Law Journal

No abstract provided.

Can Cleveland Clinic Health System Be Trusted: Whether A Proposed Merger Or Acquisition By Cleveland Clinic Health System Will Substantially Impair The Competitive Health Care Market In Northeast Ohio Resulting In A Violation Of Federal Antitrust Statutes, Matthew T. Polito

Journal of Law and Health

This article analyzes the implications of the Clayton Antitrust Act (Clayton Act) and the Sherman Antitrust Act (Sherman Act) as they pertain to the Cleveland Clinic Health System (CCHS). Part One provides background analysis of these two statutes, and the application of those statutes to mergers in the health care industry. Part Two discusses the elements needed to prove the government's prima facie case. This consists of a discussion of a relevant market, which includes the product and geographic markets. This section also contains a description and analysis of market concentration, measured by the Herfindahl-HIrschman Index (HHI). Part Three provides …

Introduction, Michael J. Pappas

Journal of Health Care Law and Policy

No abstract provided.

Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton

Journal of Health Care Law and Policy

This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.