Journal of Law and Health articles from March 1999

Journal of Law and Health archives from March 1999

COBRA continuation coverage and the plain reading of the statute: Geissal v. Moore Medical Corporation.
March 22, 1999... I. INTRODUCTION In 1986 Congress passed the Consolidated Omnibus Budget Reconciliation Act (COBRA).(2) This legislation amended the Employee Retirement Income Security Act (ERISA)(3) by requiring employers to offer group health insurance...

Beyond Washington v. Glucksberg: Oregon's Death with Dignity Act analyzed from medical and constitutional perspectives.
March 22, 1999... INTRODUCTION Physician-assisted suicide. An oxymoron. The concept goes against the grain. It runs counter to thousands of years of understanding of the physician's role, embodied in the timeless credo: "Do no harm."(2) It runs counter to...

Director's duty of care to monitor information systems in HMOs: some lessons from the Oxford Health Plan.
March 22, 1999... INTRODUCTION Directors of "for profit" and "nonprofit" health maintenance organizations (HMOs), like all corporate directors, are subject to the duty of care in their oversight of the business. This duty extends over business performance...

Mr. Peanut goes to court: accommodating an individual's peanut allergy in schools and day care centers under the Americans with Disabilities Act.
March 22, 1999... I. INTRODUCTION Recently, the Department of Transportation, "DOT," declared peanut allergy a "disability" under the Air Carrier Access Act,(1) a 1986 law that guarantees disabled passengers access to airliners, and which can be considered...

Misconceptions and misleading information prevail - less regulation does not mean less danger to consumers: dangerous herbal weight loss products.
March 22, 1999... I. INTRODUCTION "Instead of walking down the aisle before a bride. I walked behind a casket," wept Mary Jo Linnen, mother of a thirty-year-old woman who died in February 1997 of a heart and lung disorder after taking the prescription "drug...

ERISA preemption: will the elimination of the ERISA preemption clause help or harm America's ability to death with its pending health care crisis?
March 22, 1999... I. INTRODUCTION Many health experts argue that "the American health system is a work in progress; it can and... will get better."(2) Unfortunately, for individuals like Barbara Garvey, the health care system had not progressed fast enough...