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Journal Article
J Health Polit Policy Law (2017) 42 (6): 1065–1098.
Published: 01 December 2017
.../SUD services in the private health insurance market and through certain public insurance programs. However, in the intervening years, litigation has been brought by numerous parties alleging violations of insurance parity. We examine the critical issues underlying these legal challenges as a framework...
Journal Article
J Health Polit Policy Law (2006) 31 (2): 385–394.
Published: 01 April 2006
...Wendy E. Parmet Martha A. Derthick. Up in Smoke: From Legislation to Litigation in Tobacco Politics. Washington, DC: Congressional Quarterly Inc., 2002. 248 pp. $27.00 paper. Robert Rabin and Stephen D. Sugarman, eds. Regulating Tobacco . Oxford: Oxford University Press, 2001. 299 pp...
Journal Article
J Health Polit Policy Law (2020) 45 (4): 485–499.
Published: 01 August 2020
... on the law and targeted challenges to its implementation. Litigation has become politics pursued through other means. These challenges have often been brought, or opposed, by state attorneys general and governors, with red-state coalitions facing off against blue-state coalitions. ACA litigation has also...
Journal Article
J Health Polit Policy Law (2019) 44 (2): 267–301.
Published: 01 April 2019
...Sarah Staszak Abstract Alongside the dramatic growth in the use of mandatory, binding arbitration in the United States, proposals to use arbitration in lieu of medical malpractice litigation have proliferated as a mechanism for providing a more efficient and less costly way to resolve disputes...
Journal Article
J Health Polit Policy Law (1991) 16 (1): 67–85.
Published: 01 February 1991
... into their decision-making process. This development should be welcomed. Guidelines should prove to be useful as either inculpatory or exculpatory evidence of negligence. They are unlikely to generate much new litigation, although there is some potential for suits against those who issue guidelines, especially...
Journal Article
J Health Polit Policy Law (2004) 29 (1): 11–42.
Published: 01 February 2004
...Jennifer L. Troyer; Herbert G. Thompson, Jr. Government reports indicate that regulations have been ineffective in improving quality of care in many nursing homes. Some analysts feel that litigation against nursing homes may be the result of quality problems that are monitored during the inspection...
Journal Article
J Health Polit Policy Law (1996) 21 (2): 289–313.
Published: 01 April 1996
...Andrew L. Hyams; David W. Shapiro; Troyen A. Brennan The role of practice guidelines in malpractice litigation has been discussed in some theoretical detail. Little information is available, however, on how courts use guidelines or on the effort of state legislatures to explicitly link guideline...
Journal Article
J Health Polit Policy Law (2003) 28 (2-3): 387–420.
Published: 01 June 2003
...William M. Sage “Regulation by litigation” is a recently recognized trend in American legal governance that develops differently in each economic sector it affects. In health care, widespread litigation can be viewed as the product of three partial transformations: incomplete industrialization...
Journal Article
J Health Polit Policy Law (1999) 24 (4): 769–804.
Published: 01 August 1999
...Peter D. Jacobson; Kenneth E. Warner Many tobacco control advocates, believing that legislators and regulators have failed to enact and implement sufficiently stringent tobacco control laws, have supported litigation as a means of achieving public health policy goals. In this article, we examine...
Journal Article
J Health Polit Policy Law (1999) 24 (4): 805–810.
Published: 01 August 1999
...: Doubleday. Commentary Tobacco Litigation: Good for the Body but Not the Body Politic R. Shep Melnick...
Journal Article
J Health Polit Policy Law (1999) 24 (4): 811–814.
Published: 01 August 1999
...Marshall B. Kapp Copyright © 1999 by Duke University Press 1999 References Annas , G. J. 1997 . Tobacco Litigation as Cancer Prevention: Dealing with the Devil. New England Journal of Medicine 336 : 304 -308. Center for Social Gerontology (CSG). 1998a . E-mail alert sent...
Journal Article
J Health Polit Policy Law (1994) 19 (2): 463–467.
Published: 01 April 1994
...Barry R. Furrow Paul C. Weiler, Howard H. Hiatt, Joseph P. Newhouse, William G. Johnson, Troyen A. Brennan, and Lucian L. Leapey. A Measure of Malpractice: Medical Injury, Malpractice Litigation, and Patient Compensation . Cambridge, MA: Harvard University Press, 1993. 178 pp. $29.95 cloth...
Journal Article
J Health Polit Policy Law (2014) 39 (4): 781–809.
Published: 01 August 2014
...Charlene Harrington; Julie Stockton; Sarah Hooper Abstract This article examines the effects of state regulation and civil class action litigation on corporate compliance with nurse staffing and quality standards, corporate strategies to manage staffing and quality, and corporate financial status...
Journal Article
J Health Polit Policy Law (2007) 32 (5): 785–818.
Published: 01 October 2007
... there was no persuasive evidence of clinical effectiveness. In response, many women sued to compel coverage. After years of litigation and the expenditure of approximately $3 billion, randomized clinical trials (RCTs) showed that the procedure was no more effective and possibly more harmful than conventional therapy...
Journal Article
J Health Polit Policy Law (2001) 26 (2): 409–428.
Published: 01 April 2001
...-11 Morreim 3/22/01 12:18 PM Page 409 Commentary From the Clinics to the Courts: The Role Evidence Should Play in Litigating Medical Care...
Journal Article
J Health Polit Policy Law (2021) 46 (3): 487–504.
Published: 01 June 2021
... to investigate and litigate violations involving off-label promotion (CMS 2015 ). By promoting drugs for unapproved indications, manufacturers caused pharmacies to submit Medicaid payment claims for uses that were not covered by Medicaid, which gives rise to enforcement under the False Claims Act. In a fiscal...
Includes: Supplementary data
Journal Article
J Health Polit Policy Law (2002) 27 (3): 465–494.
Published: 01 June 2002
... highlight both the promise and the pitfalls of relying on courts to correct deficiencies in public managed care programs. This article argues that while litigation over inadequacies in Medicare and Medicaid managed care can serve an important signaling function in alerting agencies and legislatures about...
Journal Article
J Health Polit Policy Law (2002) 27 (5): 833–854.
Published: 01 October 2002
... of iatrogenic injury, the question of patient compensation is now also considered important, if only because in fault-based tort systems the fear of litigation may itself be a barrier to the disclosure and open discussion of medical error. No-fault systems, by contrast, do not require proof of culpability...
Journal Article
J Health Polit Policy Law (1996) 21 (2): 315–346.
Published: 01 April 1996
..., major changes were made in the law governing malpractice litigation. We determine the effect of these changes and of various other factors affecting medical malpractice claims. We analyze the effect of a statute that was designed to curtail “forum shopping” by attorneys for plaintiffs. This statute...
Journal Article
J Health Polit Policy Law (1992) 17 (3): 463–482.
Published: 01 June 1992
...-of-pocket expenses. These findings suggest that physicians respond to the messages sent by litigation in a manner consistent with the deterrent theory of tort litigation. Copyright © 1992 by Duke University Press 1992 References ACOG (American College of Obstetricians and Gynecologists). 1988...