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I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino

Scholarly Works

In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation's oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …


Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino

Scholarly Works

Grateful patient fundraising, defined as the solicitation of philanthropic donations by health care providers from current and former patients, raises a number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstanding issues raised by physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic …


Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino

Scholarly Works

No abstract provided.


Aging Populations And Physician Aid In Dying: The Evolution Of State Government Policy, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Aging Populations And Physician Aid In Dying: The Evolution Of State Government Policy, David Orentlicher

Scholarly Works

Professor David Orentlicher explores the evolution of physician assisted suicide from illegal taboo to the passage of Death with Dignity legislation and caselaw.


Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher

Scholarly Works

No abstract provided.


Concussions And Sports: Introduction, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Concussions And Sports: Introduction, David Orentlicher

Scholarly Works

No abstract provided.


The Changing Legal Climate For Physician Aid In Dying, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Changing Legal Climate For Physician Aid In Dying, David Orentlicher

Scholarly Works

No abstract provided.


Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher

Scholarly Works

No abstract provided.


The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher

Scholarly Works

No abstract provided.


A Restatement Of Health Care Law, David Orentlicher 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Restatement Of Health Care Law, David Orentlicher

Scholarly Works

No abstract provided.


Fracking As A Federalism Case Study, Amanda Leiter 2014 American University Washington College of Law

Fracking As A Federalism Case Study, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley 2014 American University

Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

What role should government play in discouraging harmful overconsumption? What modes of government intervention best strike the balance between effectiveness and political acceptability? It is well established that government has a legitimate interest in protecting the health and safety of the people, even from their own choices and actions. Furthermore, there is no fundamental right to sell or purchase particular services or products in particular configurations. The appropriate question, then, is not what government may do to prevent non- communicable diseases that are associated with individual behavior choices, but rather what government should do. This comment on David Friedman's Public …


Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley 2014 American University

Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

Hundreds of thousands of lives have been saved by vehicle safety standards. For many years, the auto industry fought the adoption of even the most basic standards tooth and nail, arguing that driver responsibility was the key to preventing auto accidents. In doing so, vehicle manufacturers "reinforceled] certain common sense ideas about traffic safety"-that drivers were responsible for car accidents and that vehicle design could not do much to make serious crashes survivable-"and suppressled] others." Auto insurers-who bear much of the economic cost of car crashes through a combination of first party and liability insurance-initially joined auto manufacturers in pushing …


Health Law As Social Justice, Lindsay Wiley 2014 American University Washington College of Law

Health Law As Social Justice, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and …


All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch 2014 New York Law School

All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch

Articles & Chapters

With the growth in the field of mental disability law over the past 50 years, very few topics involving persons with mental illness remain taboo or off limits to scholars and judges who face these issues daily. However, discussions of the question of whether persons with mental disabilities have a right to voluntary sexual interaction often touches a raw nerve in conversations about mental disability law, even with those who are practicing in the field, and the discomfort people feel in examining this topic is exacerbated when discussing individuals who are institutionalized.

Although this often appears to be a difficult …


Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile 2014 Fordham University School of Law

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …


Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler 2014 Indiana University Maurer School of Law

Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler

Articles by Maurer Faculty

For health policy, armed conflicts constitute one of the most severe emergency contexts in which health, well-being, and determinants of health are threatened. The Syrian civil war has proved no different, as health experts re­peatedly lament the humanitarian debacle the Syrian conflict has become. The main distinguishing feature of the Syrian civil war has been the large-scale use of chemical weapons in August 2013. This essay analyzes the chemical weapons crisis and its diplomatic resolution from a health policy perspective, with particular attention on whether the handling of this crisis created positive health policy “spillover” opportunities for more effectively addressing …


Money, Sex, And Religion – The Supreme Court's Aca Sequel, George J. Annas, Theodore W. Ruger, Jennifer Prah Ruger 2014 Boston University School of Law

Money, Sex, And Religion – The Supreme Court's Aca Sequel, George J. Annas, Theodore W. Ruger, Jennifer Prah Ruger

Faculty Scholarship

The Supreme Court decision in the Hobby Lobby case is in many ways a sequel to the Court's 2012 decision on the constitutionality of the Affordable Care Act (ACA). The majority decision, written by Justice Samuel Alito, is a setback for both the ACA's foundational goal of access to universal health care and for women's health care specifically. The Court's ruling can be viewed as a direct consequence of our fragmented health care system, in which fundamental duties are incrementally delegated and imposed on a range of public and private actors. Our incremental, fragmented, and incomplete health insurance system means …


Lost In The Shuffle: How Health And Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino 2014 University of Oklahoma College of Law

Lost In The Shuffle: How Health And Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino

Faculty Articles

Gambling disorder is not a legally sympathetic health condition. Health insurance policies and plans have long excluded treatment for gambling disorder from health insurance coverage. Individuals with gambling disorder who seek disability income insurance benefits from public and private disability income insurers also tend not to be successful in their claims. In addition federal and state antidiscrimination laws currently exclude individuals with gambling disorder from disability discrimination protections. This Article is the first law review article to challenge the legal treatment of individuals with gambling disorder by showing how health insurance and antidiscrimination laws hurt problem gamblers. Using neuroscience, economics, …


Silence Is Golden ... Except In Health Care Philanthropy, Stacey A. Tovino 2014 University of Oklahoma College of Law

Silence Is Golden ... Except In Health Care Philanthropy, Stacey A. Tovino

Faculty Articles

No abstract provided.


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