Loyola University Chicago

Beazley Institute for Health Law and Policy

School of Law

Volume 1 (1992)

Volume 1 (1992)

Editor-In-Chief: John D. Blum

Publications Editor: Marilyn E. Hanzal

Co-Senior Editors: Bridget A. Burke and Charles W. Jelley

Editorial Board:
Simonetti Samuels
Lawrence E. Singer
Jeffrey Kwall
Marcia Handler Mauro
James Monroe Smith


Legal and Policy Aspects of Home Care Coverage
Author: S. Mitchell Weitzman

Home health care is a compassionate, cost-effective, and practical alternative for some individuals who require long-term or constant care. However, the coverage of home health care costs is far from comprehensive under the Medicare, Medicaid, and private pay systems. A uniform and comprehensive coverage system is necessary.

Patching the Patchwork Quilt: 'Reforming' the Medicaid Program  The Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991
Author: Michael O. Spivey

Congress modified the Medicaid program by restricting states? sources of funding, capping payments to certain hospitals, and altering the relationship between the states and the federal government. While the legislation puts to rest an ongoing dispute between the state and federal governments, it does not improve access to or quality of care nor address fundamental problems with the Medicaid program; it is simply another patch to the patch-work quilt called Medicaid.

Application of the Medicare and Medicaid Anti-Kickback Statute to Business Arrangements between Hospitals and Hospital-Based Physicians
Author: Hugh E. Aaron

Hospitals and hospital-based physicians enter into a variety of agreements. Given the recent advisory memorandum from the Inspector General of Health and Human Services and a recent administrative decision, these arrangements may violate the Medicare Anti-kickback statute.

Internal Revenue Service General Counsel's Memorandum Threatens Tax Exemption for Charitable Hospitals
Author: David W. Ball

A recent memorandum from the General Counsel of the Internal Revenue Services changes the standard against which tax exempt entities will be measured, which can adversely affect charitable hospitals' tax exempt status. In addition, the memorandum makes clear that a violation of the Anti-Kickback statute, discussed in Mr. Aaron's article, is inconsistent with tax exempt status.

Antitrust in the Early 1990's: Challenges to New Competitive Strategies
Author: Alan P. Sherbrooke

The early 1990's brought a number of cases that raise challenges to new competitive strategies. As health care providers seek to gain a competitive advantage, courts are being asked to review policies under antitrust laws.

Physician Credentialing in Managed Care
Author: Alan Bloom

The managed care industry is increasingly using physician credentialing when seeking health care providers. The credentialing process must be conducted in a manner that meets the goals of the managed care program.

Whether a Genetic Defect is a Disability Under the Americans With Disabilities Act: Preventing Genetic Discrimination By Employers
Author: Charles B. Gurd

The Americans with Disabilities Act will not protect all forms of discrimination based upon one's genetic make up. Legislation is needed to prevent genetic discrimination.

AIDS in the Healthcare Workplace: Rights and Responsibilities
Carol J. Gerner

With the increasing spread of AIDS and HIV, courts are confronted with the task of balancing the need of public disclosure of a healthcare worker's HIV status against that individual's right to privacy.

Using Good Samaritan Acts to Provide Access to Health care for the Poor: A Modest Proposal
Author: Bridget A. Burke

Some states are providing immunity to those willing to voluntarily provide health care for the poor. The proposal is a modest and questionable step toward solving the health care access dilemma.

Comparative Health Law Articles

Recent Canadian Developments in the Treatment of Children and Their Evidence in Criminal Sexual Abuse Cases
Author: Alison Harvison Young

Child Sexual Abuse Prosecutions in Canada: A Measure of Progress
Author: Nicholas Bala

Children's Rights to Equality: Protection Versus paternalism
Author: Colleen Sheppard

Closing the Gap Between Courts and Social Agencies?The Judge's Perspective
Author: Judge Francois J. Godbout

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