Health Law and Policy Commons^™

Legal Aid Inequities Predict Health Disparities, James Teufel, Shannon Mace

Hamline Law Review

LEGAL AID INEQUITIES PREDICT HEALTH DISPARITIES

Detangling Graduate Medical Education Financing From Hospital Payment Methodologies, Lawrence Massa, Matthew Anderson

Hamline Law Review

DETANGLING GRADUATE MEDICAL EDUCATION FINANCING FROM HOSPITAL PAYMENT METHODOLOGIES

Good Medicine, Bad Medicine, And The Wisdom To Know The Difference: Efforts To Measure And Report Healthcare Cost And Quality Under Minnesota Health Reform Legislation, Daryll Dykes

Hamline Law Review

GOOD MEDICINE, BAD MEDICINE, AND THE WISDOM TO KNOW THE DIFFERENCE: EFFORTS TO MEASURE AND REPORT HEALTHCARE COST AND QUALITY UNDER MINNESOTA HEALTH REFORM LEGISLATION

Beyond The Affordable Care Act’S Premium Tax Credit: Ensuring Access To Safety Net Programs, Mary Pareja

Hamline Law Review

BEYOND THE AFFORDABLE CARE ACT’S PREMIUM TAX CREDIT: ENSURING ACCESS TO SAFETY NET PROGRAMS

“Where Do I Start?” Aca Compliance In Rapid Growth Environments, Autumn Amadou-Blegen

Hamline Law Review

“WHERE DO I START?” ACA COMPLIANCE IN RAPID GROWTH ENVIRONMENTS

Keeping Our Eyes On The Prize: Examining Minnesota As A Means For Assuring Achievement Of The “Triple Aim” Under The Aca, Deborah Farringer

Hamline Law Review

KEEPING OUR EYES ON THE PRIZE: EXAMINING MINNESOTA AS A MEANS FOR ASSURING ACHIEVEMENT OF THE “TRIPLE AIM” UNDER THE ACA

Health Care Reform Implementation In Minnesota: Mission Advanced But Not Accomplished: An Introduction To The Symposium, Thaddeus M. Pope

Hamline Law Review

HEALTH CARE REFORM IMPLEMENTATION IN MINNESOTA: MISSION ADVANCED BUT NOT ACCOMPLISHED: AN INTRODUCTION TO THE SYMPOSIUM

Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Congress Takes A Look At A No-Fault Proposal For Medical Malpractice: Some Observations, David E. Beitzel

Akron Law Review

EVEN A CURSORY GLANCE at the news media in the recent past indicates that problems in the area of medical malpractice are rising to turbulent heights. For example, newspapers are increasingly printing long and passionate letters-to-the-editor dispraising numerous circumstances and individual types, which are allegedly the cause of the problem. The primary development, which caused the initiation of this storm, is the rising premium rate for medical malpractice insurance.' The pinch on the physician's pocketbook has resulted in outcries of frustration and anger from the medical community. Objects of these attacks have included the insurance industry, the legal profession, and …

State Funding Of Nontherapeutic Abortions; Medicaid Plans; Equal Protection; Right To Choose An Abortion; Beal V. Doe, Maher V. Roe, Poelker V. Doe, Constance Leistiko

Akron Law Review

In Beal v. Doe the United States Supreme Court held that Title XIX of the Social Security Act permits but does not require states participating in the Medicaid program established by that Act to fund nontherapeutic abortions. In the companion cases of Maher v. Roe and Poelker v. Doe, the same majority held in Maher that the Equal Protection Clause does not require a state that funds childbirth and therapeutic abortions to also fund the costs of nontherapeutic abortions, and in Poelker, that the Constitution does not prohibit a state or city from forbidding the performance of elective …

The New Ohio Mental Health Act, Janice Gui, Sandra S. Braden, John J. Lavin

Akron Law Review

The purpose of this comment is to highlight the new procedural and substantive rights that are now guaranteed to the person sought to be committed for mental illness. The writers seek to evaluate it against a background of social and medical desirability, as well as constitutional mandates. One should keep in mind that our current method of dealing with the mentally ill is by no means either universal or necessary. Other societies have used different methods; some have been less compassionate, while others have been more so. In order to attempt to place Ohio's law in this broad perspective, the …

Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn

Buffalo Law Review

No abstract provided.

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Briefs

No abstract provided.

The Antitrust Laws And The Health Industry, Robert P. Borsody

Akron Law Review

"The health industry is one of the largest and fastest growing sectors of the nation's economy, yet in the past, trade regulation cases arising in this area have been disproportionately few. Today this is changing. The courts and regulatory agencies have increasingly held the attitude that if physicians and health care providers wish to reap the benefits of commercial activity they must bear the burden of competition, including trade regulation."

An Evaluation Of Regulatory Standards And Enforcement Devices In The Nursing Home Industry, James L. Miller

Akron Law Review

This comment will encompass three areas. First, the economic structure of the nursing home industry and existing problems will be described. Second, current regulatory standards and enforcement devices which have been developed by federal agencies to deal with these problems will be explored. Third, the recent enactment of Ohio legislation which not only confers various rights upon nursing home residents but also seeks to eliminate institutional abuse through the implementation of adaptive enforcement devices, will be examined. In addition, the Ohio nursing home "bill of rights" will be looked at in conjunction with similar legislation passed in New York.

Release From Confinement Of Persons Acquitted By Reason Of Insanity In Ohio, Caryl A. Hess

Akron Law Review

The Court also held that the committing court, "... a tribunal composed of the judge of the court of common pleas of Allen county, the superintendent of the Lima state hospital, an alienist to be designated by said judge and superintendent, or a majority of them," can make the "restored to reason" determination and order release. This note focuses on the relationship between acquittal and release standards.

Wrongful Birth; Preconception Torts; Duty To Inform Of Genetic Risks; Becker V. Schwartz, Gail White Sweeney

Akron Law Review

Both pairs of parents sued on their own behalfs for (1) the expenses incurred in the care and treatment of the infants and for (2) the mental distress caused them by the birth of a defective child. They also sought damages on behalf of the children for (3) wrongful life. The Court of Appeals acknowledged the first claim as valid, but dismissed the second and third. It dismissed the claims for damages for emotional distress on the precedent of its 1977 decision in Howard v. Lecher and upon the difficulty of ascertaining the value of mitigated damages prescribed by Restatement …

The Buying And Selling Of Human Organs From The Living: Why Not?, Timothy M. Hartman

Akron Law Review

This article will examine the propriety of establishing a system for the sale of human organs, especially the kidney. Initially, the debilitating malady of end stage renal disease will be discussed as will the marginal "cure" of the disease via hemodialysis. Next, the superior alternative to dialysis, i.e., kidney transplantation will be discussed in two ways. First, the current procedure of using living, related donors will be examined as well as harvesting kidneys from cadaver "donors". Second, the practice of transplantation will be explored for its ramifications to society and the participants in the following areas: medicine, psychology, and the …

Des And The Identification Problem, Barry S. Roberts, Charles F. Royster

Akron Law Review

This article will examine the history of this drug, how it was used and regulated as well as the subsequent legal turmoil and the proffered resolutions to the quandary. The impact of these theories and of proposals to "further strengthen product liability laws as a substitute for direct government intervention"' will also be studied.

Wrongful Life, Turpin V. Sortini, Janet A. Laufer

Akron Law Review

In the past fifteen years, several state appellate courts have considered wrongful birth and wrongful life causes of action. While the modern trend is to allow wrongful birth causes of action, few courts have permitted wrongful life actions to be maintained. On May 3, 1982, the California Supreme Court, in Turpin v. Sortini became the first state high court to allow a wrongful life cause of action. This casenote will examine the reasoning of the Turpin court in allowing the wrongful life claim. While Turpin appears to signal a new trend in this area of tort law, there is little …

Ohio's Statute Of Limitations, Baird V. Loeffler, Amy L. O'Neil

Akron Law Review

The decision in Baird v. Loeffler is another victory for physicians and medical malpractice insurers. It will not be well accepted by plaintiff's attorneys or by others who advocate the rights of patients, especially minors, to be compensated for injuries sustained by them due to a physician's negligence. The case focuses on an amendment to the Ohio Medical Malpractice Statute which became effective July 28, 1975. The issue in Baird is the proper statutory construction that should be given to the statute where a minor's cause of action arose prior to the effective date of the statute. In effect, the …

Right To Privacy; Removal Of Life-Support Systems; Leach V. Akron General Medical Center, Stephanie Zembar

Akron Law Review

The decision in Leach v. Akron General Medical Center, marked Summit County's acceptance of the trend allowing the removal of life support systems from an incompetent terminally ill patient. Technological advancements have enabled the medical profession to maintain a person indefinitely in a chronic vegetative state. These advancements have blurred traditional definitions of death and have raised legal, medical and ethical questions to be resolved within our court system. The Leach case was one of first impression in Ohio, and the decision should aid in establishing a framework from which members of the legal and medical professions, as well …

Medical Expense Reimbursement Plans - Planning Opportunities Under The Final Section 105(H) Regulations, David L. Wolfe

Akron Law Review

Because these new standards impact significantly upon preexisting medical expense reimbursement plans, this article will present a general overview of the traditional tax treatment of payments under such plans, describe the new nondiscrimination standards and their effective date, as well as outline several planning opportunities which remain available in this area.

Aids: A Legal Epidemic?, Robert S. Burns

Akron Law Review

The purpose of this comment is to provide the legal community with a comprehensive consideration of some of the major legal implications of AIDS. While the knowledge about AIDS at present is limited, it is nonetheless hoped that this comment will serve as a catalyst for other legal writers to consider the myriad legal problems involved with this serious new disease.

This comment will be divided into two major sections. First, the history, effects, and potential causes of AIDS will be explored in an effort to provide a framework for future analysis. Second, the legal implications of AIDS will be …

The Unconstitutionality Of Ohio's Medical Malpractice Statute Of Limitations: Minors And Equal Protection, Eric A. Brandt

Akron Law Review

As with all laws, statutes of limitations must apply equally to all persons unless reasonable grounds permit the legislating body to make distinctions between classes of persons affected by the law. Laws that operate unequally, unfairly and unreasonably when applied to the public are unconstitutional. The Ohio Supreme Court addressed was the constitutionality of an Ohio medical malpractice statute of limitations in Schwan v. Riverside Methodist Hospital.

Statute Of Limitations: Discovery Rule For Malpractice, Linda C. Ashar

Akron Law Review

IN OLIVER V. KAISER COMMUNITY HEALTH FOUNDATION the Ohio Supreme Court adopted the discovery standard for medical malpractice actions, which are subject to Ohio's one-year statute of limitations. In Oliver the court held that a medical malpractice cause of action "accrues and the statute of limitations commences to run when the patient discovers, or in the exercise of reasonable care and diligence should have discovered, the resulting injury." Shortly after Oliver, the court applied the discovery rule to legal malpractice cases in Skidmore & Hall v. Rottman. The discovery standard replaces Ohio's previously judicially adopted rule of termination of …

Organ Transplant Crisis: Should The Deficit Be Eliminated Through Inter Vivos Sales?, Richard M. Boyce

Akron Law Review

In response to what has been characterized as the "last remaining obstacle to transplantation," Senator Warren Hatch introduced a bill on October 20, 1983 which would establish a task force to investigate and make recommendations to Congress about the problem. Hearings and debate on the bill are scheduled to resume with the next Congress. Its future is bleak with the administration opposing it and the budget-cutting axe being resharpened. Regardless of the bill's outcome, the problem of supplying anatomical organs will continue to present a host of moral, political, and most importantly, legal issues which must be resolved if society …

The Child Abuse Amendments Of 1984: The Infant Doe Amendment, Daniel J. Mumaw

Akron Law Review

This comment focuses upon a new area of child abuse prevention, that of the withholding of medical treatment from disabled newborns. Section one discusses the increased public awareness of the extent of this practice. Section two presents the initial government response to widespread publicity of the practice. Section three examines the Congressional response to this problem via the Child Abuse Amendments of 1984. Due to the widespread publicity of one particular case, In re Infant Doe, the portion of the Amendment concerning the withholding of medical treatment from disabled newborns is commonly referred to as the Infant Doe Amendment. …

Ohio's Need To Enact A Living Will Statute And Recognize The Terminally Ill Patient's Right To Death With Dignity, Frank G. Mazgaj

Akron Law Review

This article discusses the use of "living wills" as a method for permitting a terminally ill patient to forego or terminate life-sustaining treatment. First, the constitutional issues, description, and medical and legal considerations of "living wills" will be explored. Secondly, alternative methods to forego or terminate life-sustaining treatment will be discussed. Finally, this article will analyze Ohio's proposed "living will" statute, and offer corresponding recommendations.

Product Liability - Can It Kick The Smoking Habit?, William Kepko

Akron Law Review

This comment, divided into two major sections, will review the reasons for past inability to collect damages from the tobacco industry and explore possible theories of recovery that may be advanced in the new round of pending litigation.