Foreword,
2011
Loyola University Chicago, School of Law
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
The Stark Law In Retrospect,
2011
Chuhak & Tecson
The Stark Law In Retrospect, Patrick A. Sutton
Annals of Health Law and Life Sciences
Considering the ultimate goals of preventing the over-utilization of medical services and protecting the Medicare program, are the numerous phases of the Stark Law and their concomitant regulations effective; or, conversely, has the legislation served to impede entrepreneurialism among physicians to the detriment of innovations and better integration in the delivery of medical treatment? This article endeavors to answer the above question through an analysis of the policy goals behind the legislation; the evolution of its regulations; its effect on competitiveness in the field of medicine; and the ethical considerations implicated by the issue of physician self-referral. It further offers …
Table Of Contents ,
2011
Loyola University Chicago, School of Law
Table Of Contents , Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation,
2011
Loyola University Chicago, School of Law
The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation, Richard Doan
Annals of Health Law and Life Sciences
This article addresses the federal government's expansive methods in tackling healthcare fraud, particularly in misapplying the False Claims Act. Although tasked with the obligation to curtail the fraudulent submission of Medicare & Medicaid claims, the U.S. government must rein in the current trend to utilize the False Claims Act against smaller medical providers. As the Act's original focus has ebbed in significance, the government has increasingly applied the False Claims Act to circumstances that do not evince actual fraud. In doing so, federal courts have effectively eroded the statute's critical scienter requirement. The federal common-law doctrines of "payment by mistake" …
Squeezing The Middleman: Ending Underhanded Dealing In The Pharmacy Benefit Management Industry Through Regulation,
2011
University of Houston Law Center
Squeezing The Middleman: Ending Underhanded Dealing In The Pharmacy Benefit Management Industry Through Regulation, Mark Meador
Annals of Health Law and Life Sciences
Pharmacy benefit management (PBM) companies are the middlemen of the pharmaceutical industry, designing plans for sponsors and insurers and pushing the products of manufacturers. Their unique position can often create conflicts of interest, which has been the basis of much litigation. This article reviews the structure of the PBM industry and analyzes concerns arising from its handling of prescription drug pricing, manufacturer rebates and discounts, and mail order pharmacies. After surveying several legislative proposals, it concludes with a comprehensive outline for legislation to eliminate underhanded dealing in the industry and lower the cost of prescription drugs.
Is State Power To Protect Health Compatible With Substantive Due Process Rights?,
2011
Stony Brook University
Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs
Annals of Health Law and Life Sciences
Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principles, depending on the facts and issues involved. Nevertheless, Supreme Court jurisprudence is internally consistent. The Court has applied a level of scrutiny that, while rigorous, is more flexible than strict scrutiny. I denote this as "enhanced …
Between The Scylla And Charybdis: Physicians And The Clash Of Liability Standards And Cost Cutting Goals Within Accountable Care Organizations,
2011
National Community Pharmacists Association
Between The Scylla And Charybdis: Physicians And The Clash Of Liability Standards And Cost Cutting Goals Within Accountable Care Organizations, Christopher Smith
Annals of Health Law and Life Sciences
This article seeks to examine the conflict between non-cost-conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations ("ACOs") under the new health care reform law. This article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers' push for cost cutting measures, including ACOs. This article then examines the tension between cost containment efforts and medical liability standards through an examination of the "stuck in the middle" mentality that physicians face …
Foreword,
2011
Loyola University Chicago, School of Law
Foreword, Joseph Van Leer, Lawrence Singer, Megan Bess, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Sunshine And Accountability: The Pursuit Of Information On Quality In Medicaid Managed Care,
2011
National Health Law Program
Sunshine And Accountability: The Pursuit Of Information On Quality In Medicaid Managed Care, Sarah Somers, Jane Perkins, Nhelp .
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy,
2011
Case Western University School of Law
Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler
Faculty Publications
The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared for a symposium sponsored by the Kansas Journal of Law & Public Policy, addresses some of these federalism issues. After outlining some of the policy considerations for determining the proper federal and state balance in health care policy, it identifies constitutional limitations on the federal government’s ability to direct or even influence state policy choices, before discussing how federal …
Table Of Contents,
2011
Loyola University Chicago, School of Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
From Clinical Integration To Accountable Care,
2011
Advocate Health Care
From Clinical Integration To Accountable Care, Mark Shields
Annals of Health Law and Life Sciences
Four key challenges to reforming health care organizations can be addressed by a clinical integration model patterned after Advocate Physician Partners (APP). These challenges are: predominance of small group practices, dominant fee-for-service reimbursement methods, weaknesses of the traditional hospital medical staff structure and a need to partner with commercial insurance companies. APP has demonstrated teamwork between 3800 physicians and hospitals to improve quality, patient safety and cost-effectiveness. Building on this model, an innovative contract with Blue Cross Blue Shield of Illinois serves as a prototype for a commercial Accountable Care Organization. For this contract to succeed, APP must outperform the …
The Experiential Future Of The Law,
2011
Brooklyn Law School
The Experiential Future Of The Law, Adam Kolber
Faculty Scholarship
No abstract provided.
Can Law Improve Prevention And Treatment Of Cancer?,
2011
University of Sydney
Can Law Improve Prevention And Treatment Of Cancer?, Roger Magnusson, Lawrence O. Gostin, David Studdert
O'Neill Institute Papers
The December 2011 issue of Public Health (the Journal of the Royal Society for Public Health) contains a symposium entitled: Legislate, Regulate, Litigate? Legal approaches to the prevention and treatment of cancer. This symposium explores the possibilities for using law and regulation – both internationally and at the national level – as the policy instrument for preventing and improving the treatment of cancer and other leading non-communicable diseases (NCDs). In this editorial, we argue that there is an urgent need for more legal scholarship on cancer and other leading NCDs, as well as greater dialogue between lawyers, public health practitioners …
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011),
2011
UIC School of Law
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011), Katherine N. Addison
UIC Review of Intellectual Property Law
The Biologics Price Competition and Innovation Act of 2009 provides an abbreviated FDA approval pathway for biosimilars. The passage of this biosimilar legislation is a positive step toward retaining a robust biotechnology industry in the United States while also protecting innovators. The Act’s increased FDA exclusivity is welcome, but FDA exclusivity alone is insufficient to encourage and protect innovation and investment in biosimilars. Instead, the exclusivity provided by a patent term, together with the ability to adjust this term to compensate an applicant for U.S. Patent and Trademark Office and FDA delays, is necessary to ensure development of highly specialized …
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy,
2011
Nova Southeastern University - Shepard Broad College of Law
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara
Faculty Scholarship
Kathy Cerminara, Schiavo Revisited? The Struggle for Autonomy at the End of Life in Italy, 12 Marquette University Elder's Advisor 295 (2011). Politically strident debates surrounding end-of-life decisionmaking have surfaced once again, this time across the Atlantic in Italy. Eluana Englaro died early this year after a prolonged court fight, causing the international press to compare her case to that of Theresa Marie Schiavo, who passed away in 2005 in Florida after nearly sparking constitutional crises on both state and federal levels. In many respects, the facts of Ms. Englaro’s case are similar to Schiavo, but a close analysis …
Seven Pillars Of Small War Power,
2011
University of South Florida
Seven Pillars Of Small War Power, Randy Borum
Mental Health Law & Policy Faculty Publications
No abstract provided.
It's In Our Blood: A Critique Of The Fda's Reluctance To Regulate The Use Of Bisphenol A In The Food Supply,
2011
University of Maryland Francis King Carey School of Law
It's In Our Blood: A Critique Of The Fda's Reluctance To Regulate The Use Of Bisphenol A In The Food Supply, Ryan J. Carra
Journal of Health Care Law and Policy
No abstract provided.
Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era,
2011
University of Maryland Francis King Carey School of Law
Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink
Journal of Health Care Law and Policy
No abstract provided.
A Medical Malpractice Model For Developing Countries?,
2011
Southern Methodist University, Dedman School of Law
A Medical Malpractice Model For Developing Countries?, Nathan Cortez
Faculty Journal Articles and Book Chapters
This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …
