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Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon 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, Natalie Cheung 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), Case Western Reserve Health Matrix: Journal of Law-Medicine 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, Roy G. Spece Jr. 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, Michelle Reese 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, Sean D. Lee 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, Graham Bowman 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, Emily A. Benfer Prof. 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, Amanda M. Walsh 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, Lacey Asia Williams 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, Rachelle Sico 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 , Jennifer Clark 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, David S. Torborg 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?, Benjamin Boyd 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?, Benjamin Holland Able 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, Lowell R. Mintz 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?, Alisha Howell 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, PETER J. STRAUSS 2013 Distinguished Adjunct Professor of Law and Co-Director of the Elder Law Clinic at New York Law School

Introduction, Peter J. Strauss

NYLS Law Review

No abstract provided.


An Insurance Structure To Encourage Investment In Preventative Health Care, Nicholas Georgakopoulos 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, Stacey A. Tovino 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 …


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