American Journal of Law & Medicine

Articles from Vol. 26, No. 1, 2000

Consent: Physician Not Authorized to Release HMO Members' Medical Records Unless HMO Has Secured Members' Express Written Consent-Humana Med
Consent: Physician Not Authorized to Release HMO Members' Medical Records unless HMO Has Secured Members' Express Written Consent Humans Med Plan, Inc. a Fischman1-Florida's Fourth District Court of Appeals held that under Florida law doctors are not...
Constitutional Law: Tax Assessments on Residential Health Care Facility's Gross Receipts for Medical Patient Care Declared Constitutional-Port Jefferson Health Care Facility V. Wing
Constitutional Law: Tax Assessments on Residential Health Care Facility's Gross Receipts For Medicaid Patient Care Declared Constitutional-Port Jefferson Health Care Facility v. Wing1-The Court of Appeals of New York held that a statutory scheme that...
Disability & ADA: Employers and Insurers Not Obligated by the ADA to Provide Equal Benefit Plans for Physical and Mental Disabilities-Weyer V. Twentieth Century Fox Film Corp
Disability & ADA: Employers and Insurers Not Obligated by the ADA to Provide Equal Benefit Plans for Physical and Mental Disabilities-Weyer v. Twentieth Century Fox Film Corp.1-The U.S. Court of Appeals for the Ninth Circuit held that a group disability...
First Nursing Homes, Next Managed Care?: Limiting Liability in Quality of Care Cases under the False Claims Act
I. INTRODUCTION Suppose that a managed care enrollee visited his plan doctor for treatment of an injury. Next, suppose that either: (1) the doctor, through her own negligence, failed to render the appropriate standard of care, or (2) although the doctor...
Iceland's Health Sector Database: A Significant Head Start in the Search for Biological Grail or an Irreversible Error?
I. INTRODUCTION In December 1998, Iceland's Parliament, the Althing,] passed the Act on a Health Sector Database (the Database Act or Act), a highly controversial law authorizing the development of a Health Sector Database (the Database) to collect genetic...
Malpractice & Negligence: Parents' Voluntary Conception of Child Will Not Absolve a Physician of Liability for Pre-Conception Negligence-Lynch V. Scheininger
Malpractice & Negligence: Parents' Voluntary Conception of Child Will Not Absolve a Physician of Liability for Pre-Conception Negligence-Lynch v. Scheininger1-The Supreme Court of New Jersey held that parents' voluntary decision to conceive a child...
Supreme Court: Congressional Statute Prohibiting States from Disclosing Personal Driver Information Is Constitutional-Reno V. Condon
Supreme Court: Congressional Statute Prohibiting States From Disclosing Personal Driver Information is Constitutional-Reno v. Condone-The Supreme Court of the United States held that the Driver's Privacy Protection Act of 19942 (DPPA) did not violate...
The Patient's Bill of Rights: Women's Right under Managed Care and ERISA Preemption
I. INTRODUCTION Public concern over the perceived failure of managed care has led many to call for the increased accountability of managed care organizations (MCOs).1 In response, during his January 1998, State of the Union address, President Clinton...
Vicarious Liability: Relocating Responsibility for the Quality of Medical Care
I. INTRODUCTION AND SUMMARY Managed health care has recently generated a great deal of distrust, even anger, in the public mind. To be sure, much of this public reaction is based on anecdotal evidence and one-dimensional thinking.1 But many unbiased...
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