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Health Law and Policy Commons

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2006

Annals of Health Law

Articles 1 - 23 of 23

Full-Text Articles in Health Law and Policy

Moral Hazard In Health Insurance: Are Consumer-Directed Plans The Answer?, Douglass Farnsworth Jan 2006

Moral Hazard In Health Insurance: Are Consumer-Directed Plans The Answer?, Douglass Farnsworth

Annals of Health Law

The concept of moral hazard in relation to health insurance is an area that has both haunted and fascinated economists, policy-makers, and payers almost since the first health insurance plans were offered by employers. Through the years since Kenneth Arrow's groundbreaking work in 1963, the health care industry has been looking for the proper level of cost-share for patient insureds that will affect their health care choices. The approach of some newer plan offerings, termed 'consumer-directed' or 'consumer-driven' plans by their promoters, seem to have the potential of affecting moral hazard in health insurance.


Transcribed Speech Of Professor John D. Blum, John D. Blum Jan 2006

Transcribed Speech Of Professor John D. Blum, John D. Blum

Annals of Health Law

No abstract provided.


Rising Health Care Costs, Mary M. Pozarycki Jan 2006

Rising Health Care Costs, Mary M. Pozarycki

Annals of Health Law

No abstract provided.


Efficiencies In Health Care Regulation: Observations Near And Far, John D. Blum Jan 2006

Efficiencies In Health Care Regulation: Observations Near And Far, John D. Blum

Annals of Health Law

No abstract provided.


Transcribed Speech Of Troyen Brennan, Troyen Brennan Jan 2006

Transcribed Speech Of Troyen Brennan, Troyen Brennan

Annals of Health Law

No abstract provided.


The Legal Ramifications Of Best Practices In Health Care, Kevin Rasp Jan 2006

The Legal Ramifications Of Best Practices In Health Care, Kevin Rasp

Annals of Health Law

No abstract provided.


Reconceptualizing Elder Abuse: Treating The Disease Of Senior Community Exclusion, Donna Schuyler, Bryan A. Liang Jan 2006

Reconceptualizing Elder Abuse: Treating The Disease Of Senior Community Exclusion, Donna Schuyler, Bryan A. Liang

Annals of Health Law

This article focuses on the phenomenon of elder abuse, which is one of the paramount symptoms of the larger community's failure to address the social, medical, and legal needs of the senior populace. Although there have been multidisciplinary efforts to address this problem, they are not responsive to the needs of the senior population itself. In response, the authors propose a model that takes into account the specific concerns of local senior communities and provides seniors and their stakeholder providers a stable infrastructure to ensure open, consistent, and effective participation and delivery of services.


Transcribed Speech Of Jane Reister Conard, Jane Reister Conard Jan 2006

Transcribed Speech Of Jane Reister Conard, Jane Reister Conard

Annals of Health Law

No abstract provided.


Transcribed Speech Of Joan Polacheck, Joan Polacheck Jan 2006

Transcribed Speech Of Joan Polacheck, Joan Polacheck

Annals of Health Law

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2006

Table Of Contents, Annals Of Health Law

Annals of Health Law

No abstract provided.


Foreword, Ann Meckstroth, John Blum Jan 2006

Foreword, Ann Meckstroth, John Blum

Annals of Health Law

No abstract provided.


Conscience Clauses And Oral Contraceptives: Conscientious Objection Or Calculated Obstruction?, Mary K. Collins Jan 2006

Conscience Clauses And Oral Contraceptives: Conscientious Objection Or Calculated Obstruction?, Mary K. Collins

Annals of Health Law

This article examines the ethical and legal implications of conscience clauses, which allow pharmacists to refuse to fill prescriptions for oral contraceptives due to their belief that they may constitute abortifacients. The author provides an informative background on contraception and the history of how abortion has been viewed in this country, then takes a critical look at some of the conscience laws already in existence, using a bioethical framework to examine them. She concludes by providing suggestions to reduce the negative ethical implications resulting from the enactment of conscience clauses.


The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax Jan 2006

The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax

Annals of Health Law

This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines. The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research.


Drug Deals In 2006: Cutting Edge Legal And Regulatory Issues In The Pharmaceutical Industry, Jonathan K. Henderson, Quintin Cassady Jan 2006

Drug Deals In 2006: Cutting Edge Legal And Regulatory Issues In The Pharmaceutical Industry, Jonathan K. Henderson, Quintin Cassady

Annals of Health Law

Set amidst the backdrop of rising prescription drug costs and a renewed governmental commitment to combating fraud, this article highlights recent enforcement actions against the pharmaceutical industry. In an effort to clarify today's turbulent regulatory landscape, the authors also explore the elements of a successful compliance program for pharmaceutical manufacturers and identify the major areas of concern for the future.


Is Obesity Really The Next Tobacco? Lessons Learned From Tobacco For Obesity Litigation, Brooke Courtney Jan 2006

Is Obesity Really The Next Tobacco? Lessons Learned From Tobacco For Obesity Litigation, Brooke Courtney

Annals of Health Law

This article draws important lessons from the history of tobacco litigation that can be applied to the current obesity problem in the United States. The author's close analysis of potential issues surrounding the obesity problem in this country yields the conclusion that litigation alone may not be the best answer. Her article offers a compelling perspective on the history of tobacco litigation, a thorough analysis of the issues surrounding the obesity problem and several potential perspectives on dealing with the situation at hand.


The Fundamental Law That Shapes The United States Health Care System: Is Universal Health Care Realistic Within The Established Paradigm?, William P. Gunnar Jan 2006

The Fundamental Law That Shapes The United States Health Care System: Is Universal Health Care Realistic Within The Established Paradigm?, William P. Gunnar

Annals of Health Law

In this article, the author draws from his own experience as a doctor in describing the issues the uninsured patient population faces. Pointing out that neither the U.S. Constitution nor case law provides a positive right to health care, the author describes the parameters of federal health care funding and ultimately concludes that universal health care cannot be fully achieved in the U.S.


Table Of Contents, Annals Of Health Law Jan 2006

Table Of Contents, Annals Of Health Law

Annals of Health Law

No abstract provided.


Foreword, Ann Meckstroth, John Blum Jan 2006

Foreword, Ann Meckstroth, John Blum

Annals of Health Law

No abstract provided.


Who Should Determine What Is Best For Children In State Custody Who Object To Psychotropic Medication?, Stephen A. Talmadge Jan 2006

Who Should Determine What Is Best For Children In State Custody Who Object To Psychotropic Medication?, Stephen A. Talmadge

Annals of Health Law

This article explores a child's right to refuse medical treatment, in contrast to giving the state or the parents this choice. The article specifically explores a child's right to refuse psychotropic drugs, which are more limiting of personal liberty than physical restraints and can have long-lasting side effects. With a focus on children's competence and the significant side effects of psychotropic drugs, the author concludes that caseworkers do not know the best interests of children in state custody and thus adolescents should be allowed to make their own decisions about psychotropic medications.


Greenberg V. Miami Children's Hospital: Unjust Enrichment And The Patenting Of Human Genetic Material, Debra L. Greenfield Jan 2006

Greenberg V. Miami Children's Hospital: Unjust Enrichment And The Patenting Of Human Genetic Material, Debra L. Greenfield

Annals of Health Law

Individuals and societal groups are questioning the practice of patenting human genetic material in the context of medical research and health care where diverse ethical, social, and political objections are being raised by critics. A recent case provides a broad legal theory, the common law cause of action, unjust enrichment, and a precedent for challenging the commercialization and patenting of human genetic material.


Provider Response To Cost Containment: An Insider Perspective, Annals Of Health Law Jan 2006

Provider Response To Cost Containment: An Insider Perspective, Annals Of Health Law

Annals of Health Law

No abstract provided.


Transcribed Speech Of David L. Woodrum, David L. Woodrum Jan 2006

Transcribed Speech Of David L. Woodrum, David L. Woodrum

Annals of Health Law

No abstract provided.


Provider Response To Cost Containment: Fraud & Abuse Issues, Charisse Logarta Jan 2006

Provider Response To Cost Containment: Fraud & Abuse Issues, Charisse Logarta

Annals of Health Law

No abstract provided.