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Articles 31 - 60 of 634
Full-Text Articles in Health Law and Policy
Individual And Small-Group Market Health Insurance Rate Review And Disclosure: State And Federal Roles After Ppaca, Kathryn Linehan
Individual And Small-Group Market Health Insurance Rate Review And Disclosure: State And Federal Roles After Ppaca, Kathryn Linehan
National Health Policy Forum
Oversight of private insurance, including health insurance, is primarily a state responsibility. Each state establishes its own laws and regulations regarding insurer activities, including premium increases for the insurance products within its purview. The authority that state regulators have to review and deny requests for premium changes varies from state to state, as do the amount of resources available to state insurance departments for reviewing premium changes. In some markets where insurers have proposed or implemented steep increases, such changes have received considerable attention from the press, state regulators, and policymakers. The Patient Protection and Affordable Care Act (PPACA) requires …
Aligning Graduate Medical Education With Public Policy, Rob Cunningham
Aligning Graduate Medical Education With Public Policy, Rob Cunningham
National Health Policy Forum
In late May–early June 2011, the Forum sponsored a site visit to Denver, Colorado, to observe innovative efforts to improve the health of Coloradans and reduce the cost of health care. The three-day agenda was designed to convey the breadth and interconnectedness of the efforts underway in Denver and to highlight both successes and challenges. The exploration concentrated on how three themes of national interest are unfolding in Denver: building and sustaining a robust and effective safety net in an evolving health care market; improving the health of people and their communities to prevent and reduce the need for health …
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
Buffalo Public Interest Law Journal
No abstract provided.
Off-Label Promotion Reform: A Legislative Proposal Addressing Vulnerable Patient Drug Access And Limiting Inappropriate Pharmaceutical Marketing, Tim Mackey, Bryan A. Liang
Off-Label Promotion Reform: A Legislative Proposal Addressing Vulnerable Patient Drug Access And Limiting Inappropriate Pharmaceutical Marketing, Tim Mackey, Bryan A. Liang
University of Michigan Journal of Law Reform
Off-label promotion occurs when pharmaceutical manufacturers engage in promotion of unapproved or "off-label" uses of their drugs. These off label uses may lack adequate clinical data to substantiate marketing claims, have led to corporate investigations and penalties, and can endanger public health. However there is adequate evidence to suggest that off-label uses are entirely appropriate for some vulnerable patient populations, and that physicians have accepted such uses as standard. Historically, U.S. law has prohibited direct off-label promotion to physicians and patients. However, failed government guidance, industry-based litigation, and the diminished capacity of regulators to police illegal practices have had dire …
Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa, Nathaniel Bruhn
Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa, Nathaniel Bruhn
Michigan Journal of Race and Law
With one of the highest incidence rates in the world, the HIV/AIDS epidemic has taken a large toll on South Africa. Despite medical advances that have made the disease more manageable, many South Africans still do not have access to the medicines needed to control the disease. At the same time, the Constitution of South Africa grants individuals far-reaching socioeconomic rights, including the right to access health care. This Comment explores the intersection of the socioeconomic rights and the HIV/AIDS crisis. Although the Constitutional Court has developed a deferential approach to enforcing socioeconomic rights, substantial room remains to litigate on …
Heterogeneous Rates Of Time Preference And The Decision To Smok, W. Kip Viscusi, Robert L. Scharff
Heterogeneous Rates Of Time Preference And The Decision To Smok, W. Kip Viscusi, Robert L. Scharff
Vanderbilt Law School Faculty Publications
Individuals with higher personal rates of time preference will be more likely to smoke. Although previous studies have found no evidence of a relationship between smoking and rates of time preference, analysis of implicit rates of time preference associated with workers' wage fatality risk trade-offs indicates that smokers have higher rates of time preference with respect to years of life. Current smokers have an implied rate of time preference of 13.8% as compared to 8.1% for nonsmokers. Current smokers who are blue-collar workers have rates of time preference with respect to years of life of 16.3% compared to 7.8% for …
Kinder V. Geithner - Commonwealth Of Massachusetts Amicus Brief, Martha Coakley
Kinder V. Geithner - Commonwealth Of Massachusetts Amicus Brief, Martha Coakley
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - Law Professors Amicus Brief, Barry Friedman, Matthew Adler
Kinder V. Geithner - Law Professors Amicus Brief, Barry Friedman, Matthew Adler
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - Seiu And Change To Win Amicus Brief, Service Employees International Union, Change To Win
Kinder V. Geithner - Seiu And Change To Win Amicus Brief, Service Employees International Union, Change To Win
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - Economic Scholars Amicus Brief, David Cutler
Kinder V. Geithner - Economic Scholars Amicus Brief, David Cutler
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - States' Amicus Brief, Kamala D. Harris
Kinder V. Geithner - States' Amicus Brief, Kamala D. Harris
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities
Kinder V. Geithner - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - Constitutional Law Professors Amicus Brief, Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison
Kinder V. Geithner - Constitutional Law Professors Amicus Brief, Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association
Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - Appellees Brief, Timothy Geithner
Kinder V. Geithner - Appellees Brief, Timothy Geithner
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Florida V. Hhs - Circuit Court Opinion, United States Court Of Appeals For The Eleventh Circuit
Florida V. Hhs - Circuit Court Opinion, United States Court Of Appeals For The Eleventh Circuit
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Baldwin V. Sebelius - Ninth Circuit Opinion, United States Court Of Appeals For The Ninth Circuit
Baldwin V. Sebelius - Ninth Circuit Opinion, United States Court Of Appeals For The Ninth Circuit
Patient Protection and Affordable Care Act Litigation
No abstract provided.
New Jersey Physicians V. President Of The United States - Third Circuit Opinion, United States Court Of Appeals For The Third Circuit
New Jersey Physicians V. President Of The United States - Third Circuit Opinion, United States Court Of Appeals For The Third Circuit
Patient Protection and Affordable Care Act Litigation
No abstract provided.
The Operation Of The Individual Mandate, Jeffrey H. Kahn
The Operation Of The Individual Mandate, Jeffrey H. Kahn
Scholarly Publications
In this article, Kahn describes the technical operation of omportion portions of the individual healthcare mandate, including the application of the penalty provision. Kahn finds that there are problems with the technical drafting of that provision and that serious gaps and ambiguities abound.
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Did I Do That? An Argument For Requiring Pennsylvania To Evaluate The Racial Impact Of Medicaid Policy Decisions Prior To Implementation, Michael Campbell
Did I Do That? An Argument For Requiring Pennsylvania To Evaluate The Racial Impact Of Medicaid Policy Decisions Prior To Implementation, Michael Campbell
Working Paper Series
In Pennsylvania, Medicaid is a critical source of health insurance for people of color, far more so than for white persons. Currently, 38.7% of black or African American Pennsylvanians and 32.4% of Hispanics rely on Medicaid to pay their medical bills, compared to only 12% of white non-Hispanics. With the advent of national health care reform, Medicaid promises to take on an expanded role in opening doors to the health care system for people of color, by extending coverage to many who previously lacked insurance. But while Medicaid facilitates access to health care for those who might otherwise do without, …
Why It’S Called The Affordable Care Act, Nicholas Bagley
Why It’S Called The Affordable Care Act, Nicholas Bagley
Law & Economics Working Papers
The Patient Protection and Affordable Care Act of 2010 (“ACA”) raises numerous policy and legal issues, but none have attracted as much attention from lawyers as Section 1501. This provision, titled “Maintenance of Mini-mum Essential Coverage,” but better known as the “individual mandate,” requires most Americans to obtain health insurance for themselves and their dependents by 2014. 1 We are dismayed that the narrow issue of the mandate and the narrower issue of free riding have garnered so much attention when our nation’s health-care system suffers from countless problems. By im-proving quality, controlling costs, and extending coverage to the uninsured, …
Breaking Down Barriers To Creating Safety-Net Accountable Care Organizations: Federal Statutory And Regulatory Issues, Ann Marie Marciarille, Matthew Chayt, Noah Metz, Anita Pandhoh
Breaking Down Barriers To Creating Safety-Net Accountable Care Organizations: Federal Statutory And Regulatory Issues, Ann Marie Marciarille, Matthew Chayt, Noah Metz, Anita Pandhoh
Faculty Works
This report surveys some of the largest challenges to Accountable Care Organization (ACO) formation and outlines how the federal government can do more to clear the path for coordinated care. Safety-net health providers will be affected by a host of unique issues as ACOs emerge, from lack of administrative capacity to limited access to specialists and potential threats to their non-profit status. While federal agencies have worked together to partially address some of these challenges, the paper argues that future regulations and policies will need to give special attention to the safety net in the legal and regulatory framework for …
The Unaffordable Health Act – A Response To Professors Bagley And Horwitz, Douglas A. Kahn, Jeffrey H. Kahn
The Unaffordable Health Act – A Response To Professors Bagley And Horwitz, Douglas A. Kahn, Jeffrey H. Kahn
Law & Economics Working Papers
The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not likely to have been a significant factor in the congressional decision to adopt the Act. We maintained that the free-rider issue is a red herring that was advanced to trigger an emotional attraction for the Act and distract attention from the actual issues that favor and disfavor …
Thomas More Law Center V. Obama - Petition For Writ Of Certiorari, Thomas More Law Center
Thomas More Law Center V. Obama - Petition For Writ Of Certiorari, Thomas More Law Center
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Seven-Sky V. Holder - Reply Brief Of Plaintiffs, American Center For Law & Justice
Seven-Sky V. Holder - Reply Brief Of Plaintiffs, American Center For Law & Justice
Patient Protection and Affordable Care Act Litigation
No abstract provided.
U.S. Citizens Ass'n V. Sebelius - Appellants' Reply Brief, U.S. Citizens Association
U.S. Citizens Ass'n V. Sebelius - Appellants' Reply Brief, U.S. Citizens Association
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Who’S Pandemic Influenza Preparedness Framework: A Milestone In Global Governance For Health, Lawrence O. Gostin, David P. Fidler
Who’S Pandemic Influenza Preparedness Framework: A Milestone In Global Governance For Health, Lawrence O. Gostin, David P. Fidler
Georgetown Law Faculty Publications and Other Works
In May 2008, the World Health Organization (WHO) adopted the Pandemic Influenza Preparedness Framework for the Sharing of Influenza Viruses and Access to Vaccines and Other Benefits (PIP Framework). The PIP Framework’s adoption ended years of difficult negotiations, which began after Indonesia refused to share samples of avian influenza A (H5N1) with WHO in late 2006. Indonesia justified its actions on the need to create more equitable access for developing countries to benefits, such as vaccines and antivirals, derived from research and development on shared influenza virus samples. The global health community feared that failure to share influenza virus samples …
Band-Aid Solutions: New York’S Piecemeal Attempt To Address Legal Issues Created By Doma In Conjunction With Advances In Surrogacy, James Healy
Pace Law Review
No abstract provided.
U.S. Citizens Ass'n V. Sebelius - Brief Of United States, Kathleen Sebelius
U.S. Citizens Ass'n V. Sebelius - Brief Of United States, Kathleen Sebelius
Patient Protection and Affordable Care Act Litigation
No abstract provided.