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Health Law and Policy Commons

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Articles 1 - 5 of 5

Full-Text Articles in Health Law and Policy

Consumer Financial Protection In Health Care, Erin C. Fuse Brown Jan 2017

Consumer Financial Protection In Health Care, Erin C. Fuse Brown

Washington University Law Review

There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems from the increasing costs shifting to patients in American health care and the inordinate complexity that makes health care transactions nearly impossible for consumers to navigate. A particularly outrageous example is the phenomenon of surprise medical bills, which refers to unanticipated and involuntary out-of-network bills in emergencies or from out-of- network providers at in-network facilities. Other damaging medical billing practices include the opaque and à la carte nature of medical bills, epitomized by added “facility fees ...


Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris Jan 2010

Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris

Washington University Law Review

In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many health care and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.


Erisa Preemption Of “Any Willing Provider” Laws—An Essential Step Toward National Health Care Reform, Gary A. Francesconi Jan 1995

Erisa Preemption Of “Any Willing Provider” Laws—An Essential Step Toward National Health Care Reform, Gary A. Francesconi

Washington University Law Review

No abstract provided.


Hospitals, Physicians, And Health Insurers: Guarding Against Implied Agreements In The Health Care Context, Anthony J. Dennis Jan 1993

Hospitals, Physicians, And Health Insurers: Guarding Against Implied Agreements In The Health Care Context, Anthony J. Dennis

Washington University Law Review

This Article discusses and explores the importance of the federal antitrust laws to the health care industry in the provider network context and then suggests guidelines for avoiding antitrust liability.


Erisa's Deemer Clause And The Question Of Self-Insureds: What's A State To Do? Reilly V. Blue Cross And Blue Shield United Of Wisconsin, 846 F.2d 416 (7th Cir. 1988), Jonathan Goldstein Jan 1989

Erisa's Deemer Clause And The Question Of Self-Insureds: What's A State To Do? Reilly V. Blue Cross And Blue Shield United Of Wisconsin, 846 F.2d 416 (7th Cir. 1988), Jonathan Goldstein

Washington University Law Review

No abstract provided.