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Who owns a patient's medical information? The patient, the provider, or the insurer? All of the above? None of the above? In the emerging era of electronic medical records, no legal question is more critical, more contested, or more poorly understood. Ownership was never much in doubt in an age of paper-based records, but now that information can be easily digitized and freed from any particular storage medium, confusion reigns. How this issue is resolved can determine how or whether massive anticipated developments in electronic health records will take shape. The respective property rights of patients, providers, and insurers will strongly influence, if not determine, what form of electronic health-record interchange will predominate. And, whether rights to access and use medical inf...
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In this Article I examine “medical tourism”—the travel of patients who are residents of one country to another country for medical treatment—which is fast becoming a multi-billion dollar industry. To date, the primary U.S. medical tourists appear to have been uninsured or underinsured Americans seeking substantial cost savings by traveling to less developed countries for care. More recently, state governments, self-insured firms, Fortune 500 companies, and domestic insurers have begun attempts to get their insured populations to use medical tourism as well by requiring it or giving incentives for its use (what I call “insurer-prompted medical tourism”). There is, however, a dark side to the growth of this industry. In this Article I set out...
... at http://www.washingtonpost.com/wp-dyn/articles/A49743-2004Oct20.html; Camille Sweeney, More Fun ...
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Introduction. II. Background. A. The Family and Medical Leave Act of 1993: The History; Congress' Findings; Congress' Purpose; and the FMLA Definitions. 1. The History. 2. Congress'Findings. 3. Congress' Purpose. 4. The FMLA Definitions. B. Congress's Ability to Abrogate State Sovereign Immunity. 1. Fitzpatrick v. Bitzer. 2. Pennsylvania v. Union Gas Co.. C. Supreme Court Pro-State Rulings Leading up to Nevada Department of Human Resources v. Hibbs. 1. March 1996: Seminole Tribe of Florida v. Florida. 2. June 1997: City of Boerne v. Flores. 3. June 1999: Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank. 4. January 2000: Kimel v. Florida Board of Regents. 5. February 2001: Board of Trustees of the University of Alabama v. Garrett. D. United States v....
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... own decisions regarding the amount of medical care they want and the circumstances and timing of... was designed to locate professional articles on the themes of self-determination and culture as...
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Introduction. I. The EEOC's Interpretation . Medical Examinations Under the ADA . Medical Examinations of Employees-The EEOC's View II. A Better Approach. Legitimate Business Purpose Standard. Periodic Medical Examinations of Remote- Location Employees. Creating the Remote-Location Exception Through Case Law. Taking Adverse Employment Action. V. Paternalism and Economic Efficiency. Reasoned Paternalism in the Name of Safety is not a Vice. The Efficiency of Periodic Medical Examinations. Conclusion.
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....6" building or propern maintenance and medical pracrire 6? 1s not pl-muted b) the discretionan fu...
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...& Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health...
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Introduction I. Methodology II. Context of Debate A. A Review of Basic Concepts and Fundamental Arguments B. Why is Euthanasia Controversial? III. The "Right to Die" Debate A. The Facts B. The Meaning of Life C. The Problem with Professional Judgment D. Absolute Rule v. Variegated Circumstances E. Are There Absolute Moral Values and Universal Human Rights? F. The Problem with the AMA Code of Ethics G. Active vs. Passive Euthanasia H. Compassion vs. Professionalism I. The Problem with Rationing Medical Resources J. What Is a Rational Choice-Facts, Values, Opinions and Judgments? K. The Problems with Paternalism L. Rationality By Process or By Result? M. The Problem of Making a Decision in a Vacuum N. Should One Be Expected to Help Another Kill Himself? O. How to Evaluate Intangibles Such...
... For a collection of leading and defining articles on the subject of "right to die," see Melvin I. Ur...
