Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca,
2013
Case Western Reserve University School of Law
Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Defining Intellectual Disability And Establishing A Standard Of Proof: Suggestions For A National Model Standard,
2013
Case Western Reserve University School of Law
Defining Intellectual Disability And Establishing A Standard Of Proof: Suggestions For A National Model Standard, Natalie Cheung
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 23 Issue 2 (2013),
2013
Case Western Reserve University School of Law
Volume 23 Issue 2 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Direct And Enhanced Disclosure Of Researcher Financial Conflicts Of Interest: The Role Of Trust,
2013
Case Western Reserve University School of Law
Direct And Enhanced Disclosure Of Researcher Financial Conflicts Of Interest: The Role Of Trust, Roy G. Spece Jr.
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Nanotechnology: Using Co-Regulation To Bring Regulation Of Modern Technologies Into The 21st Century,
2013
Case Western Reserve University School of Law
Nanotechnology: Using Co-Regulation To Bring Regulation Of Modern Technologies Into The 21st Century, Michelle Reese
Health Matrix: The Journal of Law-Medicine
No abstract provided.
"I Hate My Doctor": Reputation, Defamation, And Physician-Review Websites,
2013
Case Western Reserve University School of Law
"I Hate My Doctor": Reputation, Defamation, And Physician-Review Websites, Sean D. Lee
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Home Alone: Allowing Health Care To Work For Unaccompanied Minors,
2013
Loyola University Chicago, School of Law
Home Alone: Allowing Health Care To Work For Unaccompanied Minors, Graham Bowman
Public Interest Law Reporter
No abstract provided.
Honoring A Common Humanity: Maxims For Achieving Social Justice, Schweitzer Leadership Award Acceptance Remarks,
2013
Clinical Professor of Law, Director, Health Justice Project, Loyola University Chicago, School of Law
Honoring A Common Humanity: Maxims For Achieving Social Justice, Schweitzer Leadership Award Acceptance Remarks, Emily A. Benfer Prof.
Public Interest Law Reporter
No abstract provided.
Somewhere To Go: Protecting Families Facing Mental Illness Through Healthcare Reform And The Medical-Legal Partnership Model,
2013
Loyola University Chicago, School of Law
Somewhere To Go: Protecting Families Facing Mental Illness Through Healthcare Reform And The Medical-Legal Partnership Model, Amanda M. Walsh
Public Interest Law Reporter
No abstract provided.
The Aca's Preventive Mandate: Funding Precendent Program In Race To Reach Communities Before Illness,
2013
Loyola University Chicago, School of Law
The Aca's Preventive Mandate: Funding Precendent Program In Race To Reach Communities Before Illness, Lacey Asia Williams
Public Interest Law Reporter
No abstract provided.
Reevaluating The "Physician"--Reasonable Compensation For Allied Health Professionals Advocating On Behalf Of Their Patients In Illinois,
2013
Loyola University Chicago, School of Law
Reevaluating The "Physician"--Reasonable Compensation For Allied Health Professionals Advocating On Behalf Of Their Patients In Illinois, Rachelle Sico
Public Interest Law Reporter
No abstract provided.
Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact ,
2013
Cleveland State University
Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact , Jennifer Clark
Journal of Law and Health
In New York suppression of evidence is only appropriate where constitutional, statutory, or decisional authority mandates it, even if obtained by unethical or unlawful means. The courts have been split on how to apply this standard to evidence obtained in violation of HIPAA. In the case In re Miguel M., the New York Court of Appeals addressed this question for the first time, finding that such evidence should be suppressed. Because it is the first authoritative case in New York addressing the evidentiary impact of a HIPAA violation, it is tempting to read Miguel M. as creating a new evidentiary …
The Dark Side Of The Boom: The Peculiar Dilemma Of Modern False Claims Act Litigation,
2013
Jones Day
The Dark Side Of The Boom: The Peculiar Dilemma Of Modern False Claims Act Litigation, David S. Torborg
Journal of Law and Health
Spurred by treble damages, substantial penalties, and lucrative relator awards, litigation under federal and state False Claims Act (“FCA”) statutes has exploded in recent years. Much of that explosion stems from aggressive and creative legal theories that challenge controversial industry practices or even well-known loopholes or waste in government policy. Evidence from governmental entities can be critically important in litigating these FCA claims. Unique aspects of False Claims Act actions, however, can aggravate the risk of losing this important evidence, leaving the parties, judges, and juries without the evidentiary record necessary to equitably adjudicate these disputes. Defendants can face the …
Health Care Sharing Ministries: Scam Or Solution?,
2013
Staff Attorney for Chief Justice Roy S. Moore, Alabama Supreme Court
Health Care Sharing Ministries: Scam Or Solution?, Benjamin Boyd
Journal of Law and Health
Health Care Share Ministries (HCSMs) provide “a health care cost sharing arrangement among persons of similar and sincerely held beliefs.” HCSMs are not-for-profit religious organizations that act as clearinghouses for “those who have medical expenses and those who desire to share the burden of those medical expenses. This Article begins with a survey of the general regulatory landscape for HCSMs. Following that, four key questions about HCSMs structure the rest of this Article. The first question asks, what are HCSMs? To answer that question, this Article examines the basic aspects of the Medi-Share program and the Christian Brotherhood Newsletter. Second, …
The Stark Physician Self-Referral Law And Accountable Care Organizations: Collision Course Or Opportunity To Reconcile Federal Anti-Abuse And Cost-Saving Legislation?,
2013
Cleveland State University
The Stark Physician Self-Referral Law And Accountable Care Organizations: Collision Course Or Opportunity To Reconcile Federal Anti-Abuse And Cost-Saving Legislation?, Benjamin Holland Able
Journal of Law and Health
Scholars and legal practitioners have long debated the virtues and vices of integrated models of health care delivery and financing. Few such models have been as promising or as rapidly adopted as Accountable Care Organizations (“ACOs”), the latest concept in delivering cost-effective, high-quality health care. Implementation of pre-ACO models, however, never required extensive grants of immunity to providers and suppliers from the federal Stark physician self-referral law (“Stark”) and other fraud and abuse laws. The broad waivers issued by the Centers for Medicare & Medicaid Services (“CMS”) for implementing ACOs raise unprecedented legal questions concerning Stark’s application to these hospital/physician …
The Rules Of The Fight Must Be Fair: States Should Pass A Uniform Code For Nonprofit Hospital Tax Exemption Of Real Property,
2013
Cleveland State University
The Rules Of The Fight Must Be Fair: States Should Pass A Uniform Code For Nonprofit Hospital Tax Exemption Of Real Property, Lowell R. Mintz
Journal of Law and Health
The lines have been blurred between a charitable hospital and a profit-generating healthcare business. The definition of charitable care has been under pressure from government taxing authorities seeking to raise tax revenues by challenging the tax exemption for vast amounts of hospital real estate. Charitable hospitals are pushing to expand the definition of charitable care, while at the same time seeking tax exemption for a growing number of satellite properties. This conflict between governments and hospitals is leading to confusion about what qualifies as charity care, warranting nonprofit status, and the privilege of tax exemption. Local taxing authorities, state courts, …
County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?,
2013
Loyola University Chicago, School of Law
County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?, Alisha Howell
Public Interest Law Reporter
No abstract provided.
Introduction,
2013
Distinguished Adjunct Professor of Law and Co-Director of the Elder Law Clinic at New York Law School
An Insurance Structure To Encourage Investment In Preventative Health Care,
2013
Robert H. McKinney School of Law, Indiana University
An Insurance Structure To Encourage Investment In Preventative Health Care, Nicholas Georgakopoulos
University of Michigan Journal of Law Reform
The incentives for investments in Americans' health are poorly aligned. Health insurers are not sufficiently motivated to invest for the long term. The structure of health insurance does not compensate insurers for investments in lasting health, such as measures preventing chronic disease. If an American changes insurers, the new insurer reaps the benefits of the good health the prior insurer's investment produced. This Essay explores insurers' incentives to invest in health, illustrates how those incentives fail, explores possible improvements, and shows that subsequent insurers should have an obligation to compensate the prior insurer for the averted expenses of expected diseases …
A "Common" Proposal,
2013
University of Oklahoma College of Law
A "Common" Proposal, Stacey A. Tovino
Faculty Articles
The Federal Policy for the Protection of Human Subjects (the "Common Rule") is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add a …
