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Legal Issues Relating To State Health Care Regulation
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Book Synopsis Advances in Patient Safety by : Kerm Henriksen
Download or read book Advances in Patient Safety written by Kerm Henriksen and published by . This book was released on 2005 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: v. 1. Research findings -- v. 2. Concepts and methodology -- v. 3. Implementation issues -- v. 4. Programs, tools and products.
Book Synopsis The Law of Health Care Finance and Regulation by : Mark A. Hall
Download or read book The Law of Health Care Finance and Regulation written by Mark A. Hall and published by Aspen Publishing. This book was released on 2018-05-11 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Health Care Finance and Regulation is based on Part III, “Institutions, Providers, and the State,” of parent book Health Care Law and Ethics and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Key Features: Based on material in Part III of the popular parent book, “Institutions, Providers, and the State,” along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: • Judicial and administrative review of Medicare decisions. Certificate of need laws. Review immunity. Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Website provides background materials, updates of important events, additional relevant topics and links to other resources on the Internet.
Book Synopsis Health Care Regulation in America by : Robert I. Field
Download or read book Health Care Regulation in America written by Robert I. Field and published by Oxford University Press. This book was released on 2006-11-09 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation shapes all aspects of America's fragmented health care industry, from the flow of dollars to the communication between physicians and patients. It is the engine that translates public policy into action. While the health and lives of patients, as well as almost one-sixth of the national economy depend on its effectiveness, health care regulation in America is bewilderingly complex. Government agencies at the federal, state, and local levels direct portions of the industry, but hundreds of private organizations do so as well. Some of these overseers compete with one another, some conflict, and others collaborate. Their interaction is as important to the provision of health care as are the laws and rules they implement. Health Care Regulation in America is a guide to this regulatory maze. It succinctly recaps the past and present conflicts that have guided the oversight of each industry segment over the past hundred years and explains the structure of regulation today. To make the system comprehensible, this book also presents the sweep of regulatory policy in the context of the interests, values, goals, and issues that guide it. Chapters cover the process of regulation and each key area of regulatory focus - professionals, institutions, financing arrangements, drugs and devices, public health, business relationships, and research. In a uniquely American way, the system thrives on confrontation between competing interests but survives by engendering compromise. Robert Field shows that health care regulation is an inexorable force that nurtures as well as restricts the enterprise of American health care. For the student, practitioner, executive, policy analyst, or concerned citizen, this book is an invaluable guide to the policy, politics, and practice of an industry that directly touches us all.
Book Synopsis The Law of American Health Care by : Nicole Huberfeld
Download or read book The Law of American Health Care written by Nicole Huberfeld and published by Aspen Publishing. This book was released on 2023-02-20 with total page 1165 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A student-friendly casebook for the new generation of health lawyers in an evolving legal landscape, The Law of American Health Care emphasizes lightly, carefully edited primary source excerpts, plain-language exposition, focused comprehension questions, and problems for concept application. It introduces key themes and uses them as a conceptual anchor so when the law inevitably changes, students have tools to nimbly move forward. These themes include: federalism; individual rights; fiduciary relationships; the administrative state; markets and regulation; and equity and distribution. The book engages topics in-depth, to give students a comprehensive understanding of the most important features of health care law and hands-on experience working through cutting-edge issues. New to the 3rd Edition: Current debates about government power among public health officials, legislatures, judges, and other state actors, including issues arising from the COVID-19 pandemic Public insurance materials reorganized so students can better absorb Medicare/Medicaid and apply lessons of the pandemic and litigation over various issues Solidification of ACA reforms, including surprise billing legislation and changes in the exchange subsidies that attempted to fill the Medicaid coverage gap Consolidated health care business organization materials New/revised materials and new cases in tax exempt entities and health care fraud/abuse, state action doctrine, and discrimination in healthcare/health insurance (including history of attempts to address health care discrimination, 1964 Civil Rights Act Title VI, ADA, HIPAA portability, ACA guaranteed issue, renewal, community rating, and Section 1557) Government enforcement’s more aggressive approach to labor issues Dobbs v. Jackson Women’s Health and ensuing state law chaos and federal/state conflicts Increased use of digital health care tools and telehealth driven by the pandemic Right-to-try movement and other features of biomedical research that became more relevant during the pandemic Benefits for instructors and students: Practice-oriented approach immerses students in primary source materials that include judicial opinions as well as statutory, regulatory, advisory, and empirical sources used in practice Focused on needs of students practicing health care law in a post-ACA, pandemic-impacted world First health care law casebook to reorient federal law as central authority for health care regulation (as opposed to state or common law) Exploration of two major public insurance programs provided before discussion of private insurance options, intentionally suggesting the increasing primacy of social insurance in the U.S. and underscoring even the most uniform coverage (Medicare) is complex Intro chapter with critical organizing themes and in-depth case studies which are woven throughout other chapters, including more prominent emphasis on equity and distributive justice Text boxes highlight key lessons and help explain/enhance material Directed Questions, hypothetical Problems, and end-of-chapter Capstone Problems support focused reading and clearer synthesis of major issues Manageable length Focused on topics encountered in the day-to-day practice of health law Essential connective narrative without overwhelming notes New co-author with deep health care legislative and regulatory experience
Book Synopsis The Privatization of Health Care Reform by : M. Gregg Bloche
Download or read book The Privatization of Health Care Reform written by M. Gregg Bloche and published by Oxford University Press. This book was released on 2002-10-17 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Markets, not politics, are driving health care reform in America today. Inventive entrepreneurs have transformed medicine over the past ten years, and no end to this period of rapid change is in sight. Consumer anxieties over managed care are mounting, and medical costs are again soaring. Meanwhile, the federal government remains mostly on the health policy sidelines, as it has since the collapse of the Clinton administration's campaign for health care reform. This book addresses the changes that the market has wrought- and the challenges this transformation poses for courts and regulators. The law that governs the medical marketplace is an incomplete, overlapping patchwork, conceived mainly without medical care specifically in mind. The ensuing confusion and incoherence are a central theme of this book. Fragmentation of health care lawmaking has foreclosed coordinated, system-wide policy responses, and lack of national consensus on many of the central questions in health care policy has translated into legal contradiction and bitter controversy. Written by leading commentators on American health law and policy, this book examines the widely-perceived failings of managed care and the law's relationship to them. Some of the contributors treat law as a cause of trouble; others emphasize the law's potential and limits as a corrective tool when the market disappoints. The first two chapters present contrasting overviews of how the doctrines and decision-makers that constitute health law work together, for better or worse, to constrain the medical marketplace. The next six chapters address particular market developments and regulatory dilemmas. These include the power of state versus federal government in the health sphere, conflict between insureres and patients and providers over medical need, financial rewards to physicians for frugal practice, the role of antitrust law in the organization of health care provision and financing, the future of public hospitals, and the place of investor-owned versus non-profit institutions. Acknowledging the health sphere's complexities, the authors seek remedies that fit this country's legal, political, and cultural constraints and can contribute to reasoned regulatory goverance. Within limits they believe a measure of rationality is possible.
Book Synopsis Legal Issues Relating to State Health Care Regulation by : Jon O. Shimabukuro
Download or read book Legal Issues Relating to State Health Care Regulation written by Jon O. Shimabukuro and published by . This book was released on 2008 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of the Employee Retirement Income Security Act (ERISA) preemption, discusses legal challenges to fair share laws, and analyzes the fair share requirements included as part of the Massachusetts Health Care Reform Act.
Book Synopsis Legal Issues Relating to State Health Care Regulation by :
Download or read book Legal Issues Relating to State Health Care Regulation written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addressing the application of ERISA's preemption clause, the Court first noted that there is a "presumption that Congress does not intend to supplant state law."9 The Court then considered whether Congress intended to preempt state law by looking to "the structure and purpose" of ERISA.10 The Court concluded that "nothing in the language of the Act or the context of its passage indicates that C [...] The Washington law at issue in Egelhoff v. Egelhoff provided that the designation of a spouse as the beneficiary of a nonprobate asset would be revoked automatically upon divorce.13 Under the law, plan administrators were required to alter the terms of a plan to indicate that the plan would not follow the law. [...] He asserted that the revenue from the "payroll tax" imposed under the Fair Share Act would fund the Fair Share Health Care Fund established under the measure, which would be used to offset the costs of the Maryland Medical Assistance Program.22 Second, the Secretary argued that the Fair Share Act did not have a connection with employee benefit plans because an employer could act in ways that did n [...] Acknowledging the legislative history of the Fair Share Act and what the Maryland General Assembly knew at the time of its consideration, the court indicated that the measure "could hardly be intended to function as a revenue act of general application."25 The court stated, [L]egislators and interested parties uniformly understood the Act as requiring Wal-Mart to increase its healthcare spending. [...] For these reasons, the amount that the Act prescribes for payment to the State is actually a fee or a penalty that gives the employer an irresistible incentive to provide its employees with a greater level of health benefits.26 In response to the Secretary's second argument, the Fourth Circuit distinguished the Fair Share Act from state laws that were found to not be preempted by ERISA.
Book Synopsis Section 1557 of the Affordable Care Act by : American Dental Association
Download or read book Section 1557 of the Affordable Care Act written by American Dental Association and published by American Dental Association. This book was released on 2017-05-24 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.
Book Synopsis Employment and Health Benefits by : Institute of Medicine
Download or read book Employment and Health Benefits written by Institute of Medicine and published by National Academies Press. This book was released on 1993-02-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is unique among economically advanced nations in its reliance on employers to provide health benefits voluntarily for workers and their families. Although it is well known that this system fails to reach millions of these individuals as well as others who have no connection to the work place, the system has other weaknesses. It also has many advantages. Because most proposals for health care reform assume some continued role for employers, this book makes an important contribution by describing the strength and limitations of the current system of employment-based health benefits. It provides the data and analysis needed to understand the historical, social, and economic dynamics that have shaped present-day arrangements and outlines what might be done to overcome some of the access, value, and equity problems associated with current employer, insurer, and government policies and practices. Health insurance terminology is often perplexing, and this volume defines essential concepts clearly and carefully. Using an array of primary sources, it provides a store of information on who is covered for what services at what costs, on how programs vary by employer size and industry, and on what governments doâ€"and do not doâ€"to oversee employment-based health programs. A case study adapted from real organizations' experiences illustrates some of the practical challenges in designing, managing, and revising benefit programs. The sometimes unintended and unwanted consequences of employer practices for workers and health care providers are explored. Understanding the concepts of risk, biased risk selection, and risk segmentation is fundamental to sound health care reform. This volume thoroughly examines these key concepts and how they complicate efforts to achieve efficiency and equity in health coverage and health care. With health care reform at the forefront of public attention, this volume will be important to policymakers and regulators, employee benefit managers and other executives, trade associations, and decisionmakers in the health insurance industry, as well as analysts, researchers, and students of health policy.
Author :The Law The Law Library Publisher :Createspace Independent Publishing Platform ISBN 13 :9781729692615 Total Pages :28 pages Book Rating :4.6/5 (926 download)
Book Synopsis Enforcement of Federal Health Care Provider Conscience Protection Laws (Us Department of Health and Human Services Regulation) (Hhs) (2018 Edition) by : The Law The Law Library
Download or read book Enforcement of Federal Health Care Provider Conscience Protection Laws (Us Department of Health and Human Services Regulation) (Hhs) (2018 Edition) written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-11-07 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Federal Health Care Provider Conscience Protection Laws (US Department of Health and Human Services Regulation) (HHS) (2018 Edition) The Law Library presents the complete text of the Enforcement of Federal Health Care Provider Conscience Protection Laws (US Department of Health and Human Services Regulation) (HHS) (2018 Edition). Updated as of May 29, 2018 The Department of Health and Human Services issues this final rule which provides that enforcement of the federal statutory health care provider conscience protections will be handled by the Department's Office for Civil Rights, in conjunction with the Department's funding components. This Final Rule rescinds, in part, and revises, the December 19, 2008 Final Rule entitled "Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law" (the "2008 Final Rule"). Neither the 2008 final rule, nor this final rule, alters the statutory protections for individuals and health care entities under the federal health care provider conscience protection statutes, including the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment. These federal statutory health care provider conscience protections remain in effect. This book contains: - The complete text of the Enforcement of Federal Health Care Provider Conscience Protection Laws (US Department of Health and Human Services Regulation) (HHS) (2018 Edition) - A table of contents with the page number of each section
Book Synopsis Rethinking Health Care Policy by : Robert B. Hackey
Download or read book Rethinking Health Care Policy written by Robert B. Hackey and published by Georgetown University Press. This book was released on 1998 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are increasingly important players in the current efforts to reform U.S. health care, as the federal government withdraws from this responsibility. Robert B. Hackey analyzes the varied routes states have taken in reformulating health care policy and provides a road map of what specific strategies work and why. In this comparative case study, Hackey focuses on four states--Massachusetts, New Hampshire, New York and Rhode Island--that have had markedly different experiences with regulating health care over the past two decades. Hackey's detailed comparisons show how the states' policies changed over time, moving from regulatory to market-oriented solutions, and examines which policy programs appear best poised to meet the future. Hackey uses regime theory to explain how the states' policy choices concerning cost control and entry regulation were shaped by the prevailing political culture and institution of each state. He concludes that the autonomy of state government form special interests is vital to the successful adoption, implementation and outcome of state initiatives. Rethinking Health Care Policy offers policymakers, planners and specialists useful insights into the politics of state regulation and into future directions for health care reform.
Book Synopsis Problems in Health Care Law by : Robert Miller
Download or read book Problems in Health Care Law written by Robert Miller and published by Jones & Bartlett Learning. This book was released on 2006 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text has been extensively updated and restructured to use the "problems" approach which analyzes underlying, conflicting public policies and the legal solutions for those problems. It continues to be the helpful one-volume overview of healthcare law that it and its predecessor, Problems in Hospital Law, have been since 1968. Topics covered include: organizational, physical, and staffing resources; relationships with patients including both medical decision-making issues and the handling of medical information; financing of health care services; and liability issues.
Author :Agency for Healthcare Research and Quality/AHRQ Publisher :Government Printing Office ISBN 13 :1587634333 Total Pages :396 pages Book Rating :4.5/5 (876 download)
Book Synopsis Registries for Evaluating Patient Outcomes by : Agency for Healthcare Research and Quality/AHRQ
Download or read book Registries for Evaluating Patient Outcomes written by Agency for Healthcare Research and Quality/AHRQ and published by Government Printing Office. This book was released on 2014-04-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.
Book Synopsis Improving the Quality of Health Care for Mental and Substance-Use Conditions by : Institute of Medicine
Download or read book Improving the Quality of Health Care for Mental and Substance-Use Conditions written by Institute of Medicine and published by National Academies Press. This book was released on 2006-03-29 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, more than 33 million Americans receive health care for mental or substance-use conditions, or both. Together, mental and substance-use illnesses are the leading cause of death and disability for women, the highest for men ages 15-44, and the second highest for all men. Effective treatments exist, but services are frequently fragmented and, as with general health care, there are barriers that prevent many from receiving these treatments as designed or at all. The consequences of this are seriousâ€"for these individuals and their families; their employers and the workforce; for the nation's economy; as well as the education, welfare, and justice systems. Improving the Quality of Health Care for Mental and Substance-Use Conditions examines the distinctive characteristics of health care for mental and substance-use conditions, including payment, benefit coverage, and regulatory issues, as well as health care organization and delivery issues. This new volume in the Quality Chasm series puts forth an agenda for improving the quality of this care based on this analysis. Patients and their families, primary health care providers, specialty mental health and substance-use treatment providers, health care organizations, health plans, purchasers of group health care, and all involved in health care for mental and substanceâ€"use conditions will benefit from this guide to achieving better care.
Book Synopsis Health Care Law and Ethics by : Mark a Hall
Download or read book Health Care Law and Ethics written by Mark a Hall and published by Aspen Publishing. This book was released on 2024-02-28 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Health Care Law and Ethics, Tenth Edition offers a relationship-oriented approach to health law--covering the essentials, as well as cutting-edge and controversial subjects. The book provides thoughtful and teachable coverage of all major aspects of health care law, including medical liability. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. New to the Tenth Edition: Length: Trimmed by 20% to enhance teachability New author: Nadia N. Sawicki Thoroughly revised coverage of: Medical liability Reproductive rights and justice Public health law Extensive coverage of issues relating to COVID-19 Supreme Court decisions on abortion and the Affordable Care Act Discussion of emerging topics, such as: Gender reassignment Artificial intelligence Revising "brain death" and the "dead donor" rule for organ transplants Work requirements under Medicaid Medical price transparency Vertical integration and cross-market mergers Benefits for instructors and students: The organization vividly presents the entwined roles of patient, provider, and state in understanding and resolving private and public health care dilemmas Scope includes all major areas of health care law and policy Coverage of classic medical liability topics remains substantial Coverage of all major emerging and conventional issues in bioethics, public health, health care finance and reform, and corporate and regulatory law More streamlined editing facilitates coverage of multiple areas or use in survey courses "The strength of the editors and the evolution of the book over a substantial period has allowed the book to become the best from which I have ever taught." Roy Spece, University of Arizona
Book Synopsis Medical Devices Law and Regulation Answer Book by : Susan Onel
Download or read book Medical Devices Law and Regulation Answer Book written by Susan Onel and published by . This book was released on 2016-11 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title walks you through the current regulatory requirements and provides in-depth coverage of individual FDA programs that cover everything from conducting clinical trials, preparing successful premarket submissions, adhering to quality system requirements, and fulfilling post-market obligations.
Download or read book Managed Care written by and published by Jones & Bartlett Learning. This book was released on 1998 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of intense lobbying by consumers and health care providers, managed care organizations are under close scrutiny. More and more frequently, states are taking assertive roles in governing managed care operations, including monitoring how they contract with providers and what types of benefits they provide to enrollees. In this volume, you'll learn how MCOs nationwide are being held accountable to a complex array of new laws -- and what you can expect and demand from MCOs according to new laws.
