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Journal Article
Journal of Health Politics, Policy and Law (1 April 1981) 6 (2): 321–327.
Published: 01 April 1981
Journal Article
Journal of Health Politics, Policy and Law (1 April 1982) 7 (2): 421–439.
Published: 01 April 1982
... salient questions we will examine here. Data include a case study of New York City’s Committee of Interns and Residents (CIR), one of the oldest and largest housestaff associations, which moved to a more activist position in the mid-seventies. Compara- tive reference will be made to two other...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1985) 9 (4): 735–736.
Published: 01 August 1985
... Sess., Staff Data and Materials Related to the Social Security Act Disability Programs (Committee Print, 1983), p. 15. This tendency to deny on medical grounds alone, without considering vocational factors, has been criticized. See Brady v. Heckler, 724 E2d 914,919-21 (1 lth Cir. 1984...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 575–576.
Published: 01 June 2015
... State,’ we reverse the district court and vacate the IRS's regulation [26 C.F.R. § 1.36B-2(a)(1)]” (Halbig v. Burwell, No. 14-5018 (D.C. Cir. Jul. 22, 2014)). In contrast, the Fourth Circuit, under King, unanimously ruled in favor of the government (Burwell), arguing that the legislative language is...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2017) 42 (5): 749–770.
Published: 01 October 2017
... result, it has generally been assumed that physicians are free to discriminate on any basis they like due to the absence of express statutory authority stating otherwise (Orentlicher, Bobinski, and Hall 2013 ). Walker v. Pierce (560 F.2d 609 [4th Cir. 1977]), is a court decision that illustrates this...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 409–428.
Published: 01 April 2001
..., such as the number of metastatic sites or estrogen receptor status (ibid 5. Harris v. Mutual of Omaha Companies, 992 F.2d 706 (7th Cir. 1993); Sweeney v. Gerber Products Co. Medical Benefits Plan, 728 F. Supp. 594 (D. Neb. 1989); Thomas v. Gulf Health Plan, Inc...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 577–588.
Published: 01 June 2015
... another bill that imposed even stricter community rating but still withheld exchange subsides in uncooperative states (Brief of Amicus Curiae Members of Congress and State Legislatures, King v. Sebelius, No. 14-1158 (4th Cir. Mar. 20, 2014); Affordable Health Choices Act of 2009, S. 1679, 111th Cong...
Journal Article
Journal of Health Politics, Policy and Law (1 December 1997) 22 (6): 1385–1411.
Published: 01 December 1997
... Oregon proposal, in fact, only two reported cases had dealt with challenges to the denial of health care on the basis of disability. One, United States v. University Hospital, State University of New York at Stony Brook (729 F.2d 144 [2d. Cir. 1984 involved the refusal of the parents of a child born...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1988) 13 (4): 635–662.
Published: 01 August 1988
...., FTC v. PFG Industries, 798 E2d 1500 (D.C. Cir. 1986), Fruehoff Corp. v. FTC, 603 E2d 345 (2nd Cir. 1979), FTC v. Owens-Illinois, Inc., 681 E Supp. 27 (D.D.C. 1988); see also Prater v. U.S. Parole Commission, 802 E2d 948,954 (7th Cir. 1986), Laidlaw Acquisition Corp. v. Mayflower Group, Inc., 636...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1993) 18 (4): 1045–1050.
Published: 01 August 1993
... copies printed, 3,046; (B. 1) sales through dealers and carriers, street vendors and counter sales, 0; (B.2) paid mail subscriptions, 2,328; (C) total paid cir- culation, 2,328; (D) samples, complimentary, and other free copies, 142; (E) total distribution, 2,470; (F. 1) office use, left over...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 299–343.
Published: 01 April 2013
... announced that Lowe would be released 10. Pemberton v. Tallahassee Mem’l Reg’l Med. Ctr., 66 F. Supp. 2d 1247, 1250 (N.D. Fla. 1999). 11. State v. Pemberton, No. 96–759 (Fla. Cir. Ct. Leon County Feb. 22, 1996). 12. Wis. Stat. Ann. § 48.193 (West 2009). 308 Journal of Health Politics...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 291–326.
Published: 01 April 2001
... Journal of Health Politics, Policy and Law or social value of the conduct must be weighed against the risks (United States v. Carroll Towing Co., 159 F.2d. 169 [2d Cir. 1947]; Restatement [Third] of Torts: General Principles, Article 4 [1999 In negligence...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1985) 10 (1): 33–80.
Published: 01 February 1985
Journal Article
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 767–788.
Published: 01 August 2001
... interest of the participants of the Plan” (Herdrich v. Pegram, 154 F.3d. 363, 373 [7th Cir. 1998][emphasis in original][quoting 29 U.S. Code Sec- tion 1104[a][1 The dissenting judge agreed that the HMO was a plan fiduciary for purposes of ERISA (Pegram, 154 F.3d at...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2006) 31 (3): 587–607.
Published: 01 June 2006
... re Massachusetts Board of Registration in Optometry, 110 F.T.C. 549 (1988). 28. United States v. Texas State Board of Public Accountancy, 593 F.2d 919 (5th Cir. 1979). 29. The restraint in Texas State Board was adopted only after licensees approved it in a refer- endum and closely...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2011) 36 (5): 855–857.
Published: 01 October 2011
.... The simple rule of specifying a percent of income addresses the prob- lem that troubled me even as I had tried to imagine more details of the people in the vignettes. The percent-­of-­income rule has the great advan- tage that it does not give preference to some types of expenses or life cir...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1993) 18 (2): 439–476.
Published: 01 April 1993
.... See, e.g., McGann v. H. & H. Music, 946 F.2d 401 (5th Cir. 1991), cert. den. sub nom. Greenberg v. H. & H. Music, 113 S.Ct. 482 (1992) (self-insured employer’s reduction of lifetime maximum medical benefits from $1 million to $5,000 for AIDS-related claims only, after em- ployee had filed AIDS...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2006) 31 (3): 497–510.
Published: 01 June 2006
... them have the term community hospital 7. See United States v. Rockford Memorial Corp. 898 F.2d 1278, 1280 (7th Cir. 1990); Hos- pital Corp. of Am. v. FTC 807 F.2d 1381, 1386 (7th Cir. 1986); FTC v. University Health, Inc. 938 F.2d 1206, 1209 (11th Cir. 1991). Further, there is no antitrust...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1988) 13 (4): 623–633.
Published: 01 August 1988
... developed a penetrating distinction 14. United States v. Ruttenberg, 625 E2d 173, 177 n.9 (7th Cir. 1980). 15. In other words, even if the decision to refer is innocent and results in no increased charges, the decision of where to refer may be subject to influence. 16. State v. Abortion...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 785–818.
Published: 01 October 2007
... delegates discretion to the administra- tor, courts can only overturn the denial if it is arbitrary and capricious. The latter standard is far more deferential to insurers than the former. (See, e.g., Anderson v. Trumbull-Mahoning Medical Group, No. 99 – 3510, 2000 WL 331943 [6th Cir. March 22, 2000...