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Health Law and Policy Commons

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Loyola University Chicago, School of Law

1998

Articles 1 - 12 of 12

Full-Text Articles in Health Law and Policy

Table Of Contents, Annals Of Health Law Jan 1998

Table Of Contents, Annals Of Health Law

Annals of Health Law

No abstract provided.


Foreword, John D. Blum Jan 1998

Foreword, John D. Blum

Annals of Health Law

No abstract provided.


Regulating Managed Care Coverage: A New Direction For Health-Planning Agencies, Thaddeus J. Nodzenski Jan 1998

Regulating Managed Care Coverage: A New Direction For Health-Planning Agencies, Thaddeus J. Nodzenski

Annals of Health Law

The article focuses on the role of health planning agencies in the context of managed care. The author argues that health planning agencies can be redirected toward assessment of managed care plans. Planning entities can be used to evaluate the viability of managed care markets taking into account societal, financial and medical considerations.


States, Congress, Or The Courts: Who Will Be First To Reform Erisa Remedies?, Curtis D. Rooney Jan 1998

States, Congress, Or The Courts: Who Will Be First To Reform Erisa Remedies?, Curtis D. Rooney

Annals of Health Law

Curtis Rooney's article reviews the ERISA law and it relationship to managed care. The piece continues with a review of the relevant preermption provisions and a extentivsive discussion of related U.S. Supreme Court decisions. The author discusses malpractice and design liabilities. The article concludes with a discussion of reform initiatives directed toward the ERISA preemption and damage provisions.


Boards Of Directors Under Fire: An Examination Of Nonprofit Board Duties In The Health Care Environment, Naomi Ono Jan 1998

Boards Of Directors Under Fire: An Examination Of Nonprofit Board Duties In The Health Care Environment, Naomi Ono

Annals of Health Law

Attorney Ono presents a detailed discussion of fiduciary duty principles as applied to the directors of nonprofit health care corporations in the current health care environment. The article reviews general corporate responsibilities, the implication of the taxpayer's Bill of Rights 2, the care of In re Caremark International Inc. Derivative Litigation and particular issues faced by boards in nonprofit conversions.


Responsibilities Of Directors Of Not-For-Profit Corporations Faced With Sharing Control With Other Nonprofit Organizations In Health Industry Affiliations: A Commentary On Legal And Practical Realities, L. Edward Bryant Jr. Jan 1998

Responsibilities Of Directors Of Not-For-Profit Corporations Faced With Sharing Control With Other Nonprofit Organizations In Health Industry Affiliations: A Commentary On Legal And Practical Realities, L. Edward Bryant Jr.

Annals of Health Law

This article concerns the legal responsibilities of not-for-profit corporation directors in merges and affiliations with other not-for-profits. The article considers three sets of legal duties board members have, ancillary contractual obligations, madatory statutes and procedural laws, and contextual legal duties.


Recent Chages To The Internal Revenue Code May Require Tax-Exempt Hospitals To Restructure Ownership Of Certain Activities, Joseph C. Mandarino Jan 1998

Recent Chages To The Internal Revenue Code May Require Tax-Exempt Hospitals To Restructure Ownership Of Certain Activities, Joseph C. Mandarino

Annals of Health Law

This article by attorney Mandarino explores the implications of a 1997 change in the Internal Revenue Code affecting tax-exempt hospitals which run or operate for-profit businesses. The piece explores the application of prior law to hospital ownership of for profit ventures and continues on to review the implications of the 1997 amendment, particularly on existing structures. The article concludes with suggestions to avoid applications of the amended section.


Federal Regulation Comes To Private Health Care Finnancing: The Group Health Insurance Provisions Of The Health Insurance Portability And Accountability Act Of 1996, Jack A. Rovner Jan 1998

Federal Regulation Comes To Private Health Care Finnancing: The Group Health Insurance Provisions Of The Health Insurance Portability And Accountability Act Of 1996, Jack A. Rovner

Annals of Health Law

Attorney Rovner presents a very detailed accounting of the impacts of the Health Insurance Portability and Accountability Act as it relates to group health insurance including provisions that concern pre-existing conditions, special enrollment rights, premium discrimination, maternity lengths of stay, parity for mental health benefits and small groups coverage. The article concludes with a discussion of the federalism question as it relates to regulation of private market health financing.


Managed Care At The Crossroads: Can Managed Care Organizations Survive Government Regulation?, Vickie Yates Brown, Barbara Reid Hartung Jan 1998

Managed Care At The Crossroads: Can Managed Care Organizations Survive Government Regulation?, Vickie Yates Brown, Barbara Reid Hartung

Annals of Health Law

Attorneys Brown and Hartung provide a comprehensive overview of the development and structural components of managed health care plans. The article discusses the state regulatory controls affecting managed care including Patient Protection Acts. Mandated benefit provisions, any willing provider laws, and consumer access provisions. The article considers liability problems facing managed care organizations, in particular liabilities which arise from utilization and medical review discussions as well as gag clauses and financial incentive arrangements. The authors also review relevant federal regulatory initiatives.


A Look Back At The Year In Health Law, Jeffrey R. Bennett Jan 1998

A Look Back At The Year In Health Law, Jeffrey R. Bennett

Annals of Health Law

The Bennett article takes us back to 1997 and reviews key legislators, regulations and judicial developments in Medicare, antitrust, tax and ERISA, all of which greatly impact the practice of health law.


Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill Jan 1998

Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.


Kidcare And The Uninsured Child: Options For An Illinois Health Insurance Plan, Anna Wermuth Jan 1998

Kidcare And The Uninsured Child: Options For An Illinois Health Insurance Plan, Anna Wermuth

Loyola University Chicago Law Journal

No abstract provided.