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Journal Article
Regional Variations in the Determinants of Professional Liability Claims
Available to Purchase
J Health Polit Policy Law (1980) 5 (3): 498–513.
Published: 01 June 1980
...Kathryn M. Langwell; Jack L. Werner The problem of professional liability claims and impact on the medical care market has become increasingly important in recent years. Professional liability insurance premiums, and the practice of defensive medicine by physicians in response to potential...
Journal Article
Practical Responses to the Medical Malpractice Liability Problem
Available to Purchase
J Health Polit Policy Law (1988) 13 (2): 365–371.
Published: 01 April 1988
... Liability Problem
Arthur H. Bernstein, Avoiding Medical Malpractice (Chicago, IL: Pluribus Press,
1987), 162 pp.
Kenneth E. Brooten, Jr., and Stu Chapman, Malpractice: A Guide to Avoidance
and Treatment (Orlando, FL: Grune and Stratton, Inc., 1987), 232 pp.
Marshall B . Kapp, Preventing...
Journal Article
False Claims Act Liability for Overtreatment
Available to Purchase
J Health Polit Policy Law (2020) 45 (3): 419–437.
Published: 01 June 2020
... but contain inaccurate information that inflates payment (for example, patients' diagnoses were upcoded on inpatient claims). The Affordable Care Act, following precedents established by a number of courts, expanded False Claims Act liability to claims submitted under arrangements that violate the Anti...
FIGURES
Journal Article
Editor’s Note: Understanding Medical Liability
Available to Purchase
J Health Polit Policy Law (1996) 21 (2): 183–184.
Published: 01 April 1996
...Mark A. Peterson Copyright © 1996 by Duke University Press 1996 Editor’s Note
Understanding Medical Liability
In our last issue, we explored how the aspiration to produce effective,
legitimate, and timely public policy...
Image
Distribution of liability by payer, benefit phase, and beneficiary LIS stat...
Available to Purchase
in Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
> Journal of Health Politics, Policy and Law
Published: 01 December 2022
Figure 2 Distribution of liability by payer, benefit phase, and beneficiary LIS status under the current standard benefit design. Panel A Non-LIS beneficiaries. Panel B LIS beneficiaries. Note : LIS= low-income subsidy.
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Image
Distribution of liability by payer, benefit phase, and beneficiary LIS stat...
Available to Purchase
in Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
> Journal of Health Politics, Policy and Law
Published: 01 December 2022
Figure 2 Distribution of liability by payer, benefit phase, and beneficiary LIS status under the current standard benefit design. Panel A Non-LIS beneficiaries. Panel B LIS beneficiaries. Note : LIS= low-income subsidy.
More
Image
Distribution of liability by payer, benefit phase, and beneficiary LIS stat...
Available to Purchase
in Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
> Journal of Health Politics, Policy and Law
Published: 01 December 2022
Figure 4 Distribution of liability by payer, benefit phase, and beneficiary LIS status under the Part D redesign proposal included in the Build Back Better Act. Panel A Non-LIS beneficiaries. Panel B LIS beneficiaries.
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Image
Distribution of liability by payer, benefit phase, and beneficiary LIS stat...
Available to Purchase
in Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
> Journal of Health Politics, Policy and Law
Published: 01 December 2022
Figure 4 Distribution of liability by payer, benefit phase, and beneficiary LIS status under the Part D redesign proposal included in the Build Back Better Act. Panel A Non-LIS beneficiaries. Panel B LIS beneficiaries.
More
Image
Changes in liability by payer and LIS status under the Part D redesign prop...
Available to Purchase
in Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
> Journal of Health Politics, Policy and Law
Published: 01 December 2022
Figure 5 Changes in liability by payer and LIS status under the Part D redesign proposal included in the Build Back Better Act. Notes : LIS = low-income subsidy; LICS = low-income cost-sharing subsidy. Much of the reduction in federal reinsurance spending would be reallocated to plans
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Journal Article
J Health Polit Policy Law (2017) 42 (1): 53–71.
Published: 01 February 2017
... necessities by getting healthier in specific ways. There are also two normative liabilities of paying providers to address the poor health status of low-income people. One is that it will further pathologize poverty and individualize its remediation. United States social policy is strongly rooted...
Journal Article
Cost-Effectiveness Analysis in the Courts: Recent Trends and Future Prospects
Available to Purchase
J Health Polit Policy Law (2001) 26 (2): 291–326.
Published: 01 April 2001
...Peter D. Jacobson; Matthew L. Kanna This article provides an initial look at how managed care organizations(MCOs) might incorporate cost-effectiveness analysis (CEA) into their decision-making process and how the courts might respond. Because so few medical liability cases directly involve CEA, we...
Journal Article
Reevaluating Reports of Defensive Medicine
Available to Purchase
J Health Polit Policy Law (2015) 40 (6): 1157–1177.
Published: 01 December 2015
...Katherine Baicker; Bill J. Wright; Nicole A. Olson Abstract There is ongoing policy debate about the potential for malpractice liability reform to reduce the use of defensive medicine and slow the growth of health care spending. The effectiveness of such policy levers hinges on the degree to which...
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Includes: Supplementary data
Journal Article
The Use of Low-Osmolar Contrast Agents: Technological Change and Defensive Medicine
Available to Purchase
J Health Polit Policy Law (1996) 21 (2): 243–266.
Published: 01 April 1996
...Peter D. Jacobson; C. John Rosenquist The escalating cost of medical care in the United States, especially in the past decade, has resulted in efforts to identify the factors contributing to rising costs. One factor often assumed to cause higher medical costs is the physician’s fear of liability...
Journal Article
Health Law 2015: Individuals and Populations
Available to Purchase
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
Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
Available to Purchase
J Health Polit Policy Law (2022) 47 (6): 853–877.
Published: 01 December 2022
...Figure 2 Distribution of liability by payer, benefit phase, and beneficiary LIS status under the current standard benefit design. Panel A Non-LIS beneficiaries. Panel B LIS beneficiaries. Note : LIS= low-income subsidy. ...
FIGURES
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View articletitled, Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
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PDF
for article titled, Reforming the Medicare Part D Benefit Design: Financial Implications for Beneficiaries, Private Plans, Drug Manufacturers, and the Federal Government
Journal Article
Reduction in Medicaid Rebates Paid by Pharmaceutical Manufacturers for Outpatient Infused, Injected, Implanted, Inhaled, or Instilled Drugs: The 5i Loophole
Available to Purchase
J Health Polit Policy Law (2022) 47 (6): 835–851.
Published: 01 December 2022
... methodology than that used for drugs predominantly distributed through retail channels. Specifically, the modified methodology includes pharmacy benefit manager (PBM) rebates in the calculation of AMP for 5i drugs. The modified methodology reduces manufacturers' Medicaid rebate liability and increases net...
FIGURES
View articletitled, Reduction in Medicaid Rebates Paid by Pharmaceutical Manufacturers for Outpatient Infused, Injected, Implanted, Inhaled, or Instilled Drugs: The 5i Loophole
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PDF
for article titled, Reduction in Medicaid Rebates Paid by Pharmaceutical Manufacturers for Outpatient Infused, Injected, Implanted, Inhaled, or Instilled Drugs: The 5i Loophole
Includes: Supplementary data
Journal Article
Defensive Medicine and Tort Reform: New Evidence in an Old Bottle
Available to Purchase
J Health Polit Policy Law (1996) 21 (2): 267–288.
Published: 01 April 1996
...Randall R. Bovbjerg; Lisa C. Dubay; Genevieve M. Kenney; Stephen A. Norton Quantitative analysis of medical liability’s influence on medical practice is a small but growing field. The three foregoing articles illustrate three of the possible analytic approaches: case study of technological...
Journal Article
Turning Brownfields into Greenspaces: Examining Incentives and Barriers to Revitalization
Open Access
J Health Polit Policy Law (2008) 33 (3): 559–593.
Published: 01 June 2008
... of contamination continues to be a concern despite federal and state efforts to ease liability fears but also that site and project features can overcome this hurdle. In particular, jurisdictions appear more likely to convert distressed properties into greenspace if recreational parks, rather than open space...
Journal Article
Maternity Care Financing: Universal Access or Universal Care?
Available to Purchase
J Health Polit Policy Law (1990) 15 (4): 797–814.
Published: 01 August 1990
...Rosemary Barber-Madden; Jonathan B. Kotch In an era of fiscal constraint, growing poverty, increased uninsuredness, medical liability problems, and increasing costs of maternity care, public and private financing mechanisms are changing rapidly and the service delivery system is increasingly...
Journal Article
Adoption of Retrospective Medicare Maximization Billing Practices by State Medicaid Home Care Programs
Available to Purchase
J Health Polit Policy Law (2003) 28 (5): 859–882.
Published: 01 October 2003
...Wayne L. Anderson; Genevieve S. Kenney; Donna J. Rabiner Home care services funded by Medicare and Medicaid grew rapidly throughout most of the 1990s. During this period some state Medicaid programs transferred costs for home care claims to the Medicare program to reduce their liability...
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