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.
Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly,
2011
University of Richmond
Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson
Richmond Journal of Law and the Public Interest
This article surveys Virginia's initial foray into health care reform. This process began with the Virginia Health Reform Initiative, which had a significant presence in the Virginia 2011 General Assembly session. While the nascent health care reform efforts this session reflect only incremental steps, they are indicative of Virginia's direction and commitment to change. Such change, however, will carry great political and professional strife. This article highlights some examples of the challenges faced on the road to health care reform and discusses possible directions of future legislation in the Virginia General Assembly.
Unshackling Addiction: A Public Health Approach To Drug Use During Pregnancy,
2011
Barry University
Unshackling Addiction: A Public Health Approach To Drug Use During Pregnancy, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Drug Policy In Context: Rhetoric And Practice In The United States And The United Kingdom,
2011
University of Maryland School of Law
Drug Policy In Context: Rhetoric And Practice In The United States And The United Kingdom, Richard C. Boldt
Faculty Scholarship
The history of narcotics use and drug control in the U.S. before passage of the Harrison Act in 1914 is similar in important respects to that in the U.K. during the same period. Although the two countries’ paths diverged significantly over the ensuing decades, there has been a convergence of sorts in recent years. In the United States, the trend lines have moved from an active “war on drugs” in which criminal enforcement and punishment have been the primary rhetorical and practical instruments of policy to an evolving approach, at least at the federal level, characterized by a somewhat more …
Reforming Public Interest Tort Law To Redress Public Health Epidemics,
2011
University of Maryland Francis King Carey School of Law
Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig
Journal of Health Care Law and Policy
No abstract provided.
Legal Impediments To The Diffusion Of Telemedicine,
2011
University of Maryland Francis King Carey School of Law
Legal Impediments To The Diffusion Of Telemedicine, Diane Hoffmann, Virginia Rowthorn
Journal of Health Care Law and Policy
No abstract provided.
State-Based Licensure Of Telemedicine: The Need For Uniformity But Not A National Scheme,
2011
University of Maryland Francis King Carey School of Law
State-Based Licensure Of Telemedicine: The Need For Uniformity But Not A National Scheme, Carl F. Ameringer
Journal of Health Care Law and Policy
No abstract provided.
Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally,
2011
University of Maryland Francis King Carey School of Law
Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman
Journal of Health Care Law and Policy
No abstract provided.
