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The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo DeSantis 2014 UIC School of Law

The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo Desantis

UIC Law Review

This Article explores the less-discussed consequences to Exchanges in non-Expansion states. One consequence is that the rules designed to help individuals who fall on hard time maintain coverage can work against the poor in non-Expansion states. In those states, common life events, marriage, divorce, a new child, a job loss, and retirement, can push lower income enrollees out of subsidy eligibility. And if enrollees report income changes to the Exchange — as most Exchanges require — they’ll lose their subsidies. But in non-Expansion states, enrollees may be better off not notifying Exchanges of certain income drops.


The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn 2014 John Marshall Law School

The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn

UIC Law Review

This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.


Health Accounts/Arrangements: An Expanding Role Under The Affordable Care Act?, 47 J. Marshall L. Rev. 991 (2014), Edward Morse 2014 UIC School of Law

Health Accounts/Arrangements: An Expanding Role Under The Affordable Care Act?, 47 J. Marshall L. Rev. 991 (2014), Edward Morse

UIC Law Review

This article outlines the foundations of health-related accounts and arrangements, including tax and economic considerations affecting their role in various designs for health insurance coverage. It explores the impact of the Affordable Care Act (ACA) and related administrative guidance affecting their usage, arguing that emerging trends showing that insured patients are bearing increasingly significant levels of out-of-pocket costs suggest an expanding role for consumer-directed accounts and arrangements, albeit one clouded by looming excise taxes imposed on “excess benefit” coverage beginning in 2018. It also examines the potential to utilize health accounts/arrangements to resolve moral and ethical conflicts in healthcare policy. …


Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs 2014 UIC School of Law

Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs

UIC Law Review

No abstract provided.


Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce 2014 UIC School of Law

Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce

UIC Law Review

This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.


Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart 2014 UIC School of Law

Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart

UIC Law Review

No abstract provided.


The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano 2014 UIC School of Law

The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano

UIC Law Review

No abstract provided.


Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith 2014 University of Washington School of Law

Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith

Washington International Law Journal

Restrictive Philippine laws and a lack of public funding have limited Filipinos’ access to modern contraception, resulting in high maternal mortality rates, high birth rates, unmet needs for family planning, and health disparities between the lowest-income and wealthier women. Following the 1991 decentralization reforms, Local Government Units plan, administer, and fund most Philippine health services. In the context of reproductive healthcare, decentralization has led to inequality, inadequate financing, successful opposition to contraception by the Catholic Church, and a lack of clear national standards. After a fourteen-year legislative struggle, on December 21, 2012, President Aquino signed “The Responsible Parenthood and Reproductive …


Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser 2014 Chicago-Kent College of Law

Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser

Chicago-Kent Law Review

Supplemental needs trusts are trusts designed to assist individuals with disabilities by paying for services and items that Medicaid will not pay for. Federal law, however, is unclear as to whether using one of these trusts automatically disqualifies someone from receiving Medicaid, thereby causing the circuit courts to split on their interpretation. Some circuits have held that the Medicaid statute allows states to enact laws prohibiting the use of these trusts while receiving Medicaid benefits based on the federal law’s statutory language. While other circuits have ruled that individuals can simultaneously receive Medicaid benefits and use supplemental needs trusts given …


Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse 2014 University of Toledo College of Law

Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse

Journal of Law and Health

This essay uses Astrue v. Capato as a platform to examine how liberty and equality interact within parent-child relationships. It observes that as prospective parents have experienced an increase in liberty due to new reproductive technologies the children they create have not necessarily experienced a commensurate increase in equality. The law’s myopic focus on parent-child relationships rather than provider-dependent relationships renders posthumously conceived children unequal along multiple dimensions. They may have not only one provider, but also only one parent. This essay argues that shifting the law’s focus away from identifying parents and towards identifying providers would mitigate the status …


Posthumously Conceived Children: An International And Human Rights Perspective , Maya Sabatello 2014 Columbia University Law School

Posthumously Conceived Children: An International And Human Rights Perspective , Maya Sabatello

Journal of Law and Health

This essay considers posthumous conception from an international and child-centered approach. After a sketch in Part I of the phenomenon of posthumous conception and the complexities it evokes, Part II examines the types of issues arising in court cases concerning posthumous conception. Part III considers how courts in their rulings have addressed the welfare and best interests of posthumously conceived children and analyzes the scope and meaning of relevant decisions. Part IV looks into children’s rights or interests raised in those judicial decisions: parental acknowledgement, family structures, identity harm, and inheritance and social benefits. This part draws on the Convention …


Who Can Afford It?: The Patient Protection And Affordable Care Act's Failure To Regulate Excessive Cost-Sharing Of Prescription Biologic Drugs , Michael Callam 2014 Cleveland State University

Who Can Afford It?: The Patient Protection And Affordable Care Act's Failure To Regulate Excessive Cost-Sharing Of Prescription Biologic Drugs , Michael Callam

Journal of Law and Health

This Note will discuss how the PPACA’s abbreviated approval pathway for biological products creates an expedited procedure to bring less expensive biologic drugs to the market, but ultimately fails to make those biologic drugs affordable because of its lack of provisions limiting insurers’ use of excessive cost-sharing requirements. Part II provides an overview of prescription drugs, compares biologics with traditional prescription drugs, and provides a brief legislative history of prescription drug laws. Part III analyzes the impact of the abbreviated approval pathway on biologic drugs’ costs to prescribed patients. It also examines the PPACA’s effects on biologics inclusion into health …


Fertility Preservation For Medical Reasons And Reproductive Justice, Seema Mohapatra 2014 Barry University

Fertility Preservation For Medical Reasons And Reproductive Justice, Seema Mohapatra

Faculty Scholarship

No abstract provided.


A Clustering Method To Identify Who Benefits Most From The Treatment Group In Clinical Trials, Beom S. Lee, Pranab K. Sen, Nan Park, Roger A. Boothroyd, Roger H. Peters, David A. Chiriboga 2014 University of South Florida

A Clustering Method To Identify Who Benefits Most From The Treatment Group In Clinical Trials, Beom S. Lee, Pranab K. Sen, Nan Park, Roger A. Boothroyd, Roger H. Peters, David A. Chiriboga

Mental Health Law & Policy Faculty Publications

In randomized controlled trials (RCTs), the most compelling need is to determine whether the treatment condition was more effective than control. However, it is generally recognized that not all participants in the treatment group of most clinical trials benefit equally. While subgroup analyses are often used to compare treatment effectiveness across pre-determined subgroups categorized by patient characteristics, methods to empirically identify naturally occurring clusters of persons who benefit most from the treatment group have rarely been implemented. This article provides a modeling framework to accomplish this important task. Utilizing information about individuals from the treatment group who had poor outcomes, …


Symposium: The Legal And Ethical Implications Of Posthumous Reproduction, Trent Stechschulte 2014 Cleveland State University

Symposium: The Legal And Ethical Implications Of Posthumous Reproduction, Trent Stechschulte

Journal of Law and Health

On March 22, 2013, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled the “Legal and Ethical Implications of Posthumous Reproduction” in response to the United States Supreme Court case Astrue v Capato. In Astrue, Karen Capato used Robert Capato’s sperm to successfully conceive twins by in vitro fertilization eighteen months after Robert Capato’s death. Karen then applied for Social Security Survivorship Benefits on behalf of the twins, but to her dismay the Social Security Administration denied her application, prompting litigation on the twins’ behalf. The Supreme Court held that the posthumously conceived children …


The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman 2014 Cleveland State University

The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman

Journal of Law and Health

The United States and eleven other countries are currently in the end stages of negotiating the Trans-Pacific Partnership (TPP)—the largest free trade agreement (FTA) in U.S. history—which incorporates a range of trade topics, including the protection and enforcement of intellectual property rights (IPRs). Although the negotiations have been highly secretive, negotiating texts of the agreement leaked as recently as November 2013 have suggested that the United States is proposing IPR provisions, specifically relating to patent protection, that are stronger and less flexible than IPR provisions included within three of the four most recent U.S. FTAs. This paper addresses and analyzes …


Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart 2014 University of Maryland Francis King Carey School of Law

Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart

Journal of Health Care Law and Policy

No abstract provided.


Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer 2014 University of Maryland Francis King Carey School of Law

Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer

Journal of Health Care Law and Policy

No abstract provided.


Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark 2014 University of Maryland Francis King Carey School of Law

Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark

Journal of Health Care Law and Policy

No abstract provided.


The Medicaid Gamble, Ann Marie Marciarille 2014 University of Maryland Francis King Carey School of Law

The Medicaid Gamble, Ann Marie Marciarille

Journal of Health Care Law and Policy

No abstract provided.


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