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Articles 211 - 232 of 232
Full-Text Articles in Health Law and Policy
Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood
Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood
Journal of Health Care Law and Policy
No abstract provided.
The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew
The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew
Kentucky Law Journal
No abstract provided.
Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa
Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa
Faculty Works
The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By …
The "Access" Problem: How Employee And Employer Issues May Increase Badgercare Participation By Impeding The Verification Process, Barbara Zabawa
The "Access" Problem: How Employee And Employer Issues May Increase Badgercare Participation By Impeding The Verification Process, Barbara Zabawa
Faculty Works
In its effort to be a welfare reform pioneer, Wisconsin has led the nation in adopting one of the most expansive public health insurance programs, "BadgerCare," to address the health care needs of working families in the post-welfare reform era. One year after BadgerCare implementation, Wisconsin is experiencing the fiscal impact of the program due to unexpectedly high enrollment in BadgerCare. While some Wisconsin leaders praise this growth rate for reducing the number of uninsured, others raise a concern that the enrollment figures may be rising due to employees opting for BadgerCare rather than employer-sponsored insurance. Consequently, this "crowd-out" effect …
Medicaid And Durable Medical Equipment: An Ongoing Battle Between Expense And Health, Jennifer K. Squillario
Medicaid And Durable Medical Equipment: An Ongoing Battle Between Expense And Health, Jennifer K. Squillario
Maryland Law Review
No abstract provided.
Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower
Health Care Marketing Under The Anti-Kickback Statute, Eric S. Tower
University of Miami Business Law Review
No abstract provided.
Tobacco Litigation's Third-Wave: Has Justice Gone Up In Smoke?, David A. Hyman
Tobacco Litigation's Third-Wave: Has Justice Gone Up In Smoke?, David A. Hyman
Journal of Health Care Law and Policy
No abstract provided.
Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves
Medicaid Recipients Denied Coverage For Smoking Cessation Pharmacotherapy, Kelly N. Reeves
Journal of Health Care Law and Policy
No abstract provided.
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
University of Richmond Law Review
The Medicaid program is a jointly financed federal and state assistance program established under Title XIX of the Social Security Act of 1965. The purpose of the program is to provide "federal financial assistance to States that choose to reimburse certain costs of medical treatment for needy persons." The Medicaid program's federal statutory and regulatory framework was described by Justice Powell of the United States Supreme Court as "among the most intricate ever drafted by Congress." Justice Powell added that the Act's "Byzantine construction... makes [it] 'almost unintelligible to the uninitiated." To add to these already significant difficulties, each state …
Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook
Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook
West Virginia Law Review
No abstract provided.
The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard
The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard
Cleveland State Law Review
Medicaid was originally designed as a welfare program to provide healthcare to the poor. Despite the initial intentions of Congress, Medicaid has instead become "a multi-billion-dollar insurance policy" for elderly middle-class Americans who require long-term health care. The Medicaid crisis has been described as "a battle between elderly people's desire for long-term care coverage and their concomitant reluctance to pay for it themselves." This battle is waged between the older and younger generations, commencing when the younger generation observes that their inheritance is growing smaller or disappearing altogether due to the immense cost of their parents' long-term health care.
The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford
The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker
Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker
Vanderbilt Law Review
After the Civil War, Congress enacted a statutory private right of action to ensure the protection of an individual's federal civil rights." This right of action, now codified at Title 42, Section 1983 of the United States Code, creates liability for anyone who, acting under a state law, program, or policy, infringes on an individual's federal rights. Although the authors of Section 1983 intended the statute to serve primarily as a mechanism for the protection of federal constitutional rights, the United States Supreme Court has recognized that Section 1983 is a valid tool for enforcing a wide variety of statutorily …
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
Faculty Publications
While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
University of Michigan Journal of Law Reform
This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …
Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling
Securities Funding Of Long-Term Care: A Step Toward A Private Sector Solution, Dana Schilling
Fordham Urban Law Journal
This Article proposes a new system of fudning long-term care that contemplates the issuing of securities. This mechanism is designed to supplement or supplant private insurance and to enable the private sector to play a more significant role. This Article considers the current funding alternatives for nursing home care, and specifically explores the types of facilities already in existence to serve the elderly in need of nursing home services. This article proceeds to explore the concept of a health care consortium, and discusses the various legal implications of the plan.
Financing Uncompensated Care: An Approach To The Issues, James F. Blumstein
Financing Uncompensated Care: An Approach To The Issues, James F. Blumstein
Journal of Legal Education
No abstract provided.
Medical Peer Review, John D. Blum
Grafting Perspective Into Health Law: Organ Transplantation As A Tool For Teaching, Randall R. Bovbjerg
Grafting Perspective Into Health Law: Organ Transplantation As A Tool For Teaching, Randall R. Bovbjerg
Journal of Legal Education
No abstract provided.
United States V. Greber And Its Effect On The Medicare And Medicaid Programs, Stephen C. Pierce
United States V. Greber And Its Effect On The Medicare And Medicaid Programs, Stephen C. Pierce
Kentucky Law Journal
No abstract provided.
Redefining Government's Role In Health Care: Is A Dose Of Competition What The Doctor Should Order?, James F. Blumstein, Frank A. Sloan
Redefining Government's Role In Health Care: Is A Dose Of Competition What The Doctor Should Order?, James F. Blumstein, Frank A. Sloan
Vanderbilt Law Review
Throughout the 1970s, the two major political parties espoused some form of national health insurance. Faced with a fiscal squeeze, however, the Carter Administration gave national health insurance a relatively low priority.The political movement for comprehensive national health insurance rests on an ideological commitment that the federal government should underwrite the cost of providing universal access to medical services. The objective is essentially redistributive in nature: equitable concerns for the disadvantaged loom as the major focus. The selective expansion of coverage to encompass those identified as needy and worthy, but only those so identified, is anathema to those who traditionally …