Journal of Law and Health articles from March 2003

Journal of Law and Health archives from March 2003

To preempt or not to preempt: HMO liability pre and post Pegram v. Herdrich.(health maintenance organizations)
March 22, 2003... I. INTRODUCTION II. BACKGROUND III. THE EMPLOYEE RETIREMENT INCOME SECURITY ACT ("ERISA") IV. "FIDUCIARY" AS DEFINED UNDER ERISA V. FEDERAL PREEMPTION UNDER ERISA VI. THE FIDUCIARY STATUS OF AN HMO UNDER ERISA ...

How MFN clauses used in the health care industry unreasonably restrain trade under the Sherman Act.(most favored nations)
March 22, 2003... INTRODUCTION I. THE SHERMAN ACT II. THE BALANCING TEST UNDER THE RULE OF REASON A. Quadrant I: Pro-competitive Purposes 1. Guard Against Discriminatory Pricing 2. Tool to Secure Volume Discounts B....

True risk management: physicians' liability risk and the practice of patient-centered medicine.
March 22, 2003... [The New York Times] With your heavy patient load, do you get to know any of them personally? [Dr. Benjamin Carson] Oh, absolutely. That's important. Getting emotionally involved, I think, is a good thing. Of course, when there's a bad...

Best methods for increasing medical translators for limited English proficient patients: the carrot or the stick?
March 22, 2003... I. INTRODUCTION II. PROBLEMS OF LIMITED ENGLISH PROFICIENT PATIENTS III. HISTORICAL OVERVIEW OF TITLE VI A. Enforcement of Title VI B. History of Title VI and Intentional Discrimination in Health Care C....

Electronic signatures in e-healthcare: the need for a federal standard.
March 22, 2003... I. PREFACE: A UTOPIAN SCENARIO FOR PORTABLE HEALTHCARE II. INTRODUCTION A. The Functions of Signature in the Healthcare Context B. Signature Functions at Common Law. Some Modern Case Examples...

The latex allergy crisis: proposing a healthy solution to the dilemma facing the medical community.
March 22, 2003... I. INTRODUCTION II. HISTORY AND BACKGROUND OF THE LATEX ALLERGY A. Prevalence of the Allergy B. Sources and Processing of Latex Products C. Latex Reactions D. Diagnosing Latex Allergies E. Current...