Volume 4 (1995)
Annals of Health Law
The Health Policy and Law Review of Loyola University Chicago School of Law
Volume 4 (1995)
Editor-In-Chief: John D. Blum, M.H.S., J.D.
Executive Editor: Marilyn Hanzal, J.D.
Senior Editor: Kimberley Elting, J.D.
Jean Hellman, J.D.
Jack R. Bierig
James F. Bresnahan
W. Kenneth Davis, Jr.
William D. Frazier
Edward B. Hirshfield
Robert G. Lee
Lawrence E. Singer
Physician Recruitment After Hermann Hospital
Author: Robert C. Louthian III & Elizabeth M. Mills
The state of physician recruitment changed after the Internal Revenue Service required Hermann Hospital to publish its closing agreement with the IRS. The closing agreement released the long-awaited IRS "Hospital Physician Recruitment Guidelines." The IRS' recently proposed revenue ruling provides additional insight on acceptable physician recruitment practices as well.
Preferred Provider Organization Structures and Agreements
Author: James C. Dechene
Preferred provider organizations can be created with both positive and negative consequences. Certain structures meet certain needs, and many contract terms can benefit the parties or create pitfalls.
Potential Anticompetitive Effects of Most Favored Nation Contract Clauses in Managed Care and Health Insurance Contracts
Author: Anthony J. Dennis
Most favored nation contract clauses used in health care contracts have been repeatedly challenged under both federal and state antitrust laws. While none of these challenges to date has succeeded, the legal status of these clauses is clearly still evolving.
The Aftermath of HMO Insolvency: Considerations for Providers
Author: Jay M. Howard
The insolvency of a health maintenance organization can spell disaster for its providers and members. How an HMO is reorganized or liquidated may depend on state law, federal bankruptcy law, or a combination of both.
The Government's Best Offense Is Deference: The Decision of the Supreme Court in Shalala v. Guernsey Memorial Hospital
Author: Robert L. Roth
The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles. According to the sharp dissent in this care, this policy, set forth in a manual provision, contradicts federal regulations.
The False Claims Act: An Old Weapon with New Firepower Is Aimed at Health Care Fraud Author:David J. Ryan
The ancestors of the wild west bounty hunters have found a new group of targets in the health profession. Armed with a qui tam action and the tenacity to work with the government, purveyors of false claims information can reap hefty financial rewards.
The Case of Baby K: Exploring the Concept of Medical Futility
Author: Mark A. Bonanno
Medical futility is a term with no particular definition or parameters. The case of Baby K pitted the family of an anencephalic child against the medical institution over the meaning of medical futility.
Comparative Health Law Articles
Nursing, Employment, and Resource Allocation in a Reorganized National Health Service
Author: Stephen L. Heasell
Economic issues abound in the National Health Service, and it would appear that nurse practitioners promote economic efficiency. However, the NHS does not operate in a purely rational economic manner. The use of nurse practitioners may need an economic justification in the NHS environment.
Nursing Legal Issues in Australia: The Nurse Practitioner
Author: Suzie Linder-Laufer
The concept of a nurse practitioner in Australia may not be new, but it certainly is not embraced by all members of the medical profession. Changes must be made to accommodate this profession.