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Loyola University Chicago

Beazley Institute for Health Law and Policy

School of Law

Volume 2 (1993)

Annals of Health Law
The Health Policy and Law Review of Loyola University Chicago School of Law

Volume 2 (1993)

Editor-In-Chief: John D. Blum, M.H.S., J.D.

Publications Editor: Marilyn E. Hanzal, J.D.

Senior Editors: Jennifer Schima

Editorial Board: 
Jamie Cameron, LL.B., LL.M.                               Jeffrey L. Kwall, M.B.A., J.D.         
Matthew Cohen, J.D.                                           Lynn Maskkel, M.D.
Christine Godsill Cooper, M.A., J.D., LL.M.          Joseph Monahan, M.S.W., J.D.
Patricia J. Falk, J.D., Ph.D.                                   Kathleen Mulligan, J.D.
Diane Geraghty, M.A., J.D.                                  Simonetti Samuels, J.D., Ph.D.
Joan M. Gilmour, LL.B., LL.M.                              Lawrence E. Singer, M.A., J.D.

Articles:

Sexual Harassment: Preventive Steps for the Healthcare Practitioner
Author: Christine Godsil Cooper

Like other employers, healthcare providers can be held liable for sexual harassment in the workplace. However, by implementing an effective sexual harassment policy, healthcare providers can avoid corporate liability for sexual harassment and create a more productive working environment as well.

Psychotherapists' Sexual Relationships with Their Patients
Author: Clifton Perry & Joan Wallman Kuruc

Sexual contact between psychotherapists and their patients is currently one of the leading causes of malpractice claims against psychotherapists.  Some courts have recognized the devastating emotional harm that patients suffer as a result of psychotherapist-patient sex and have expanded the remedies available to these patients; a few state legislatures have enacted statutes that impose civil or criminal penalties on psychotherapists who enage in sexual activity with their patients.

Employee Participation Programs After Electromation: They're Worth the Risk! 
Author: K. Bruce Stickler & Patricia Mehler

Employee participation programs ("EPP"s) can be an invaluable means of utilizing employee input, particularly in the healthcare industry.  However, the National Labor Relation Board's ("NLRB") recent decision in Electromation, Inc. affects the structure and use of EPPs.  There are still ways in which EPPs can be structured to meet the NLRB's requirements.

Criminal Investigation and Enforcement of the Antitrust Laws in the Health Care Field
Author: Toby G. Singer & Helen-Louise Hunter

Criminal enforcement of the antitrust laws has only recently become a serious issue in health care.  It is likely to remain one of the Justice Department's priorities.  However, providers of healthcare can avoid the risk of criminal liability.

Recent Developments for Tax-Exempt Healthcare Organizations
Author: Thomas K. Hyatt

Significant developments in the law of tax-exempt healthcare organizations occurred during the early 1990s.  The span of developments includes a seminal Seventh Circuit case, Living Faith v. Commissioner, as well as an Internal Revenue Service determination letter recognizing the charitable tax status of integrated delivery systems, showing the recent activism of the IRS in the healthcare arena.  In addition, the federal and state courts have struggled to define and apply concepts of community benefit and charity to modern healthcare organizations.

Comparative Health Law Articles

Introduction: Rationing of Health Care-Who Determines Who Gets the Cure, When, Where, and Why? 
Author: William D. Frazier

Healthcare rationing means the equitable distribution of limited healthcare resources.  The means of distribution and the manner in which these choices are made varies depending on each person's perspective.  Rationing already occurs in the United States in areas such as organ transplantation.

Rationing Health Care in Canada
Author: Murray G. Brown

Canada has been able to develop a fairly successful system of healthcare rationing by balancing the conflicting concerns of equal access and cost efficiency, federal funding and provincial control, and public sector management and private sector provision.  Financial constraints limit the kinds of services included within the notion of equal access, however, forcing healthcare providers to make difficult choices about who will receive a particular healthcare service.

The Construction of Health Care and the Ideology of the Private in Canadian Constitutional Law
Author: Hester Lessard

Healthcare benefits are provided universally to all Canadians through a national healthcare system with provincial differences.  A history of the manner in which healthcare issues have been understood in different historical and constitutional periods reveals the ever present inequalities in many aspects of healthcare delivery.

The Right to Health Care in the United States
Author: Kenneth R. Wingen

An analysis of the history of constitutional interpretation in the United States reveals that any right Americans have to health care is a political rather than constitutional right.

The Allocation of Healthcare Resources in the National Health Service in England: Professional and Legal Issues  
Author: John H. Tingle

Although Britain's National Health Service has implemented a number of reforms designed to improve the quality of care in a cost-effective manner, healthcare litigation in the United Kingdom continues to increase.  Resource shortages have prompted many patients to bring legal actions against the National Health Service in an attempt to compel a resource allocation, while other patients have sued their physician for negligence in providing a healthcare service.

Ambulatory Care and Healthcare Reform
Author: Irene Fraser

The escalating costs of inpatient care have resulted in the increased utilization of outpatient facilities and home care.  As the sites of care proliferate, the system of healthcare delivery must be integrated so that healthcare provision is both cost-effective and safe.  

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