1-20 of 91 Search Results for

preemption

Follow your search
Access your saved searches in your account

Would you like to receive an alert when new items match your search?
Close Modal
Sort by
Journal Article
J Health Polit Policy Law (2001) 26 (4): 767–788.
Published: 01 August 2001
... the political and legal forces underlying the dispute and analyzes the Supreme Court's unanimous rejection of the notion of federally imposed duties for HMOs. In the absence of ERISA fiduciary obligations, attention must now shift to developments in state tort law, the scope of federal ERISA preemption...
Journal Article
J Health Polit Policy Law 10234156.
Published: 27 September 2022
...Jamila Michener Abstract Housing is a fundamental social right and a vital determinant of health. Health equity is not possible without widespread access to safe, affordable, high-quality housing. Local housing policy is a central conduit for advancing such ends. However, preemption of local law...
Journal Article
J Health Polit Policy Law (1989) 14 (2): 239–260.
Published: 01 April 1989
... and its effects on state and federal health policy. The paper concludes with an asessment of recent state legislative efforts to address the problems created by ERISA semi-preemption. The ironical results of semipreemption occurred because of the absence of a coalition of interest groups...
Journal Article
J Health Polit Policy Law (2016) 41 (6): 1137–1149.
Published: 01 December 2016
... Ginsburg have argued that preemption laws that provide vaccine manufacturers with broad legal immunities create “a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements when designing or distributing their products...
Journal Article
J Health Polit Policy Law (1999) 24 (3): 489–529.
Published: 01 June 1999
... Income Security Act (ERISA) preemption, brought the interests of organized labor more closely in line with those of large employers and commercial insurers and aggravated divisions within organized labor and between unions and public interest groups. In addition, several political factors conspired...
Journal Article
J Health Polit Policy Law (1999) 24 (6): 1275–1304.
Published: 01 December 1999
... care. As a result, states have passed managed care reform legislation at unprecedented rates. In doing so, states are confronted with a patchwork of federal intervention and preemption. We examine the stages of these recent state and federal developments and evaluate them in terms of the traditional...
Journal Article
J Health Polit Policy Law 10234226.
Published: 27 September 2022
... entrenchment are playing out today is state preemption of local housing policies. Some legislatures are removing the authority of more liberal or progressive cities to enact local policies intended to address housing inequities, such as rent control and inclusionary zoning. Based on participation observation...
Journal Article
J Health Polit Policy Law (1982) 7 (2): 380–406.
Published: 01 April 1982
... by the states in providing treatment for mental and nervous conditions for their citizens. lo Federal preemption The doctrine of federal preemption of state law under the Supremacy Clause of the U. S. Constitution has had a protracted history, marked by shifting attitudes toward the proper...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 609–621.
Published: 01 June 2006
..., antitrust preemption doctrine, establish the parameters under which the antitrust laws, which would otherwise govern under the Constitution’s Supremacy Clause, will give way to state judgments in such matters. Perhaps understandably, the FTC/DOJ report avoids framing its discus- sion of the state...
Journal Article
J Health Polit Policy Law (2007) 32 (4): 733–737.
Published: 01 August 2007
... the narrative reaches the congressional debates about preemption that consideration of health insurance plans plays a significant role in ERISA’s development. ERISA preemption, as ultimately enacted, may be the broadest preemption provision in federal law. Its convoluted wording exempts from state...
Journal Article
J Health Polit Policy Law (2007) 32 (4): 737–740.
Published: 01 August 2007
... the narrative reaches the congressional debates about preemption that consideration of health insurance plans plays a significant role in ERISA’s development. ERISA preemption, as ultimately enacted, may be the broadest preemption provision in federal law. Its convoluted wording exempts from state...
Journal Article
J Health Polit Policy Law (2007) 32 (4): 740–745.
Published: 01 August 2007
.... It is only when the narrative reaches the congressional debates about preemption that consideration of health insurance plans plays a significant role in ERISA’s development. ERISA preemption, as ultimately enacted, may be the broadest preemption provision in federal law. Its convoluted wording...
Journal Article
J Health Polit Policy Law (2007) 32 (4): 745–748.
Published: 01 August 2007
... the narrative reaches the congressional debates about preemption that consideration of health insurance plans plays a significant role in ERISA’s development. ERISA preemption, as ultimately enacted, may be the broadest preemption provision in federal law. Its convoluted wording exempts from state...
Journal Article
J Health Polit Policy Law (1993) 18 (4): 789–819.
Published: 01 August 1993
... Smokers' Private State Preemption Prohibition Rights Worksite Burden Enforcement New York No Yes No Yes Smoker Local County Board of Health Civil penalty...
Journal Article
J Health Polit Policy Law (1999) 24 (3): 567–598.
Published: 01 June 1999
... and local antismoking legislation. Legislative stringency is a measure of the legislation’s scope (that is, where smoking restrictions are imposed and the extent of the restrictions) and constraints (such as preemption or smokers’ rights provisions). The attributes of strong leg- islation include...
Journal Article
J Health Polit Policy Law (1986) 11 (3): 423–443.
Published: 01 June 1986
... in Posadus and thus a limited prohibition, directed only against sampling, is most certainly within the constitutional power of the state. Federal preemption of sampling prohibitions While it may be constitutional to ban sampling, a second inquiry must never- theless be resolved. Did...
Journal Article
J Health Polit Policy Law (1980) 5 (3): 560–567.
Published: 01 June 1980
... Ausness, R. “High-level Radioactive Waste Management: The Nuclear Dilemma. Wisconsin Law Review 1979: 707-767, 1979. California’s“ Nuclear Power Plant Siting Legislation: A Preemption Analysis. ” Southern California Law Review 52: 1189-1237, May 1979. “Duke Power Company v...
Journal Article
J Health Polit Policy Law (1994) 19 (1): 201–205.
Published: 01 February 1994
... the practice of any class of health professionals beyond what is justified by the skills and training of such professionals.” Clearly aimed at limits on nonphysician practices, the federal preemption pro- vision seems to be a commendable attempt to allow rationalization and enhanced efficiency...
Journal Article
J Health Polit Policy Law (1999) 24 (5): 1185–1190.
Published: 01 October 1999
... from the preemption of state regulation of employee benefit plans under the Employee Retirement and Income Sec- urity Act of 1974 (ERISA) remains the most difficult issue in contempo- rary federalism (Copeland 1998; Fox and Schaffer 1989). On the one hand, Congress has punctured the vacuum three...
Journal Article
J Health Polit Policy Law (2001) 26 (5): 1165–1178.
Published: 01 October 2001
... access to specialists (Brennan 1998).5 But the regulatory vacuum created by ERISA preemption limits state governmental oversight of managed care and encourages self-regulation (Jacobson and Pomfret 4. Potvin v. Metropolitan Life Ins. Co., 997 P.2d 1153 (Cal. 2000...