1-20 of 85 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
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 767–788.
Published: 01 August 2001
... 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, and the...
Journal Article
Journal of Health Politics, Policy and Law (1 June 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 to...
Journal Article
Journal of Health Politics, Policy and Law (1 December 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
Journal of Health Politics, Policy and Law (1 April 1989) 14 (2): 239–260.
Published: 01 April 1989
... semipreemption 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 that was...
Journal Article
Journal of Health Politics, Policy and Law (1 December 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.” In...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2006) 31 (3): 609–621.
Published: 01 June 2006
... cousin, 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2007) 32 (4): 733–737.
Published: 01 August 2007
...-benefit plans. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2007) 32 (4): 737–740.
Published: 01 August 2007
...-benefit plans. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2007) 32 (4): 740–745.
Published: 01 August 2007
...-benefit plans. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2007) 32 (4): 745–748.
Published: 01 August 2007
...-benefit plans. 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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1982) 7 (2): 380–406.
Published: 01 April 1982
Journal Article
Journal of Health Politics, Policy and Law (1 June 1999) 24 (3): 567–598.
Published: 01 June 1999
... preemption or smokers’ rights provisions). The attributes of strong leg- islation include outright prohibition in several public places, smoking restrictions at private workplaces, imposing a burden on the smoker to have a smoking area provided, and the absence of both preemption and smokers’ rights...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1993) 18 (4): 789–819.
Published: 01 August 1993
... strategies change and how the political Table 1 Comparison of State Smoking Laws Outright Smokers' Private State Preemption Prohibition Rights Worksite Burden Enforcement New York No Yes No Yes Smoker...
Journal Article
Journal of Health Politics, Policy and Law (1 October 1999) 24 (5): 1185–1190.
Published: 01 October 1999
... under Medicaid to its implementation of the State Children’s Health Insurance Program. The vacuum that results 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...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1994) 19 (1): 201–205.
Published: 01 February 1994
... preemption pro- vision seems to be a commendable attempt to allow rationalization and enhanced efficiency in the delivery of medical care services. This provision focuses, quite correctly in principle, on the skills of nonphysicians and seems to require an individualized examination of the...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1987) 12 (4): 841–843.
Published: 01 August 1987
... 1 -1 965 (Princeton University Press, 1986). Daniel C. SchafSer is a tax lawyer and professor at the School of Law, Northeastern Uni- versity. He is currently studying the preemption of state regulation of health benefits by federal law. James Robinson is assistant professor of health...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 675–678.
Published: 01 August 2001
.... In a manner of speaking, that is the subject of Peter J. Hammer’s report from the field, “Pegram v. Herdrich: On Peritonitis, Preemption, and the Elusive Goal of Managed Care Accountability.” In the Pegram case, the U.S. Supreme Court in a unanimous opinion...
Journal Article
Journal of Health Politics, Policy and Law (1 June 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
Journal of Health Politics, Policy and Law (1 June 1986) 11 (3): 423–443.
Published: 01 June 1986
... 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 the Cigarette Labeling and Advertising Act86 take away the authority of the state and local governments to outlaw...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1994) 19 (3): 670–673.
Published: 01 June 1994
... the professionals is subsumed by business preemption according to the authors. For example, as early as page 9, Rosner and Markowitz tell us that “[flor the most part, the medi- cal and public health professions played a peripheral role in the unmasking of industrial lung disease and...