1-20 of 240 Search Results for

doctrine

Sort by
Journal Article
J Health Polit Policy Law (2006) 31 (3): 609–621.
Published: 01 June 2006
...William S. Brewbaker, III The state action doctrine receives relatively little attention in the Federal Trade Commission/Department of Justice 2004 report on competition in the health care sector. Not surprisingly, the report focuses primarily on urging states to reconsider specific laws that tend...
Journal Article
J Health Polit Policy Law (2002) 27 (2): 302–304.
Published: 01 April 2002
.... Philadelphia: Lippincott-Raven. Rosenbaum, P., and D. Rubin. 1984. Difficulties with Regression Analyses of Age- Adjusted Rates. Biometrics 40:437–443. Singapore’s Medical Savings Accounts— Beyond Rhetoric and Doctrine to “What Works”: A Response from Singapore To the editor: Michael Barr (2001...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 587–607.
Published: 01 June 2006
...Clark C. Havighurst The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1097–1118.
Published: 01 December 2016
...Peter D. Jacobson; Rachel Dahlen Abstract In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt...
Journal Article
J Health Polit Policy Law (1983) 8 (2): 314–319.
Published: 01 April 1983
.... This note discusses the exemptions from antitrust provided by the state action doctrine of Parker v. Brown as well as the Noerr-Pennington doctrine, both of which appear to protect provider input into the CON process. Providing information that assists decision-making must be carefully distinguished from...
Journal Article
J Health Polit Policy Law (2010) 35 (2): 227–276.
Published: 01 April 2010
... or on the basis that they are unfair. Broader rule making under the unfairness authority would require congressional intervention to expand the FTC's scope of authority, but there exist possibilities for rule making under the deception doctrine. Finally, the FTC could strengthen its efforts to encourage the food...
Journal Article
J Health Polit Policy Law (2002) 27 (5): 833–854.
Published: 01 October 2002
.... This suggests that, while the New Zealand system is well targeted, cheap, and free of financial and legal barriers, a change in legal doctrine alone has not in itself been sufficient to remove completely the selective and low level of claims making traditionally associated with patient compensation under tort...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 511–529.
Published: 01 June 2006
... litigation. Noting that the political and social context in which these institutions operate is never far from the surface, it takes issue with the proposal to cabin merger doctrine so as to deny the significance of nonprofit status in merger analysis. Given the dynamic change in the regulatory climate...
Journal Article
J Health Polit Policy Law (2007) 32 (5): 843–865.
Published: 01 October 2007
... and several liability doctrine, mandatory pretrial screening, and statute of limitations) and two government-sponsored insurance mechanisms (joint underwriting associations and patient compensation funds). Claims defense expenses are found to be higher in the presence of noneconomic damage caps, punitive...
Journal Article
J Health Polit Policy Law (2003) 28 (2-3): 341–354.
Published: 01 June 2003
...James C. Robinson The doctrine of managed competition in health care sought to achieve the social goals of access and efficiency using market incentives and consumer choice rather than governmental regulation and public administration. In retrospect, it demanded too much from both the public...
Journal Article
J Health Polit Policy Law (1980) 5 (2): 250–276.
Published: 01 April 1980
... be safeguarded by application of the doctrine of “substituted judgement” by the courts. A discussion of major legal decisions relating to the right to withhold treatment and under what circumstances is reviewed in the context of the Natural Death Acts, and recent definitions of brain death. Copyright © 1980...
Journal Article
J Health Polit Policy Law (1984) 9 (3): 475–488.
Published: 01 June 1984
... doctrine of informed consent. In addition, we find that the number of years since medical residency is positively related to physicians' claims incidence during the first 27 years of practice, and that OBGs and medical specialists who spend more time with their patients per office visit incur fewer claims...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1049–1059.
Published: 01 December 2016
... understanding of laws or sets of laws on public health” (Beletsky, Parmet, and Burris 2012 : 1). An example of such research is the article by Burris et al. in this issue. Although the articles in this special issue focus primarily on developing public health legal doctrine, insights from fields...
Journal Article
J Health Polit Policy Law (1983) 8 (1): 99–119.
Published: 01 February 1983
... to restrain judges from getting in on the legislative and executive action. Medicine is one of the areas where this activist legal doctrine has re- cently come into play. And one of the major philosophical arguments advanced in justification of legal intervention in this area is that of respect...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1119–1136.
Published: 01 December 2016
... and common law doctrines unique to health care delivery, such as the Affordable Care Act (ACA) and the Health Insurance Portability and Accountability Act on the one hand, as well as the informed consent doctrine and a medical abandonment claim on the other hand. Additionally, the practice of health law...
Journal Article
J Health Polit Policy Law (1989) 14 (4): 841–843.
Published: 01 August 1989
... doctrine. Organizing a coherent course in health law thus poses a considerable challenge. Clark Havighurst’s excellent new legal casebook, Health Care Law and Policy: Readings, Notes and Questions, marks a major contribution not only to the growing list of teaching materials available in health...
Journal Article
J Health Polit Policy Law (1991) 16 (2): 419–422.
Published: 01 April 1991
... of traditional medical values and attitudes, caused either by sadistic doctors or by an oppressive governmental bureaucracy, which forced the medical profession to adopt racist doctrines. Experiments on Jewish and gypsy babies, surgery without anesthesia, instances of induced hypothermia...
Journal Article
J Health Polit Policy Law (1984) 9 (3): 532–534.
Published: 01 June 1984
...- nation of the commercial speech doctrine, the doctrine of informed consent, and antitrust doctrine analyzes judicial developments which could potentially influence the future redesign of the health market’s institutional structure. Blumstein and Sloan advocate competition health policy...
Journal Article
J Health Polit Policy Law (1985) 9 (4): 629–646.
Published: 01 August 1985
... the malpractice premium paid by surgeons to four explana- tory variables: (1) operations per surgeon; (2) nonfederal attorneys per capita population; (3) number of “key doctrines” favorable to plaintiff adopted by the state; and (4) state per capita income.” Only two of the four independent vari- ables...
Journal Article
J Health Polit Policy Law (1992) 17 (1): 143–161.
Published: 01 February 1992
... regulation laws, a variable that cap- tures the effects of the number of physicians who are specialists in a state, and an index variable that measures the effects of other relevant liability doctrines. The Data The data are annual dividend-adjusted loss ratios by state and company group...