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The Law of Health Care Finance and Regulation, Fifth Edition

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BOOKMARK
Authors
  • Mark A. Hall
  • Nicholas Bagley
  • David Orentlicher
  • I. Glenn Cohen
  • Nadia N. Sawicki
Series / Aspen Casebook Series
BOOKMARK
Book length
496 pages
Publication Date
2024-09-15
Edition
Fifth Edition
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

The Law of Health Care Finance and Regulation, Fifth Edition is based on Part III, “Institutions, Providers, and the State,” from Health Care Law and Ethics, Tenth Edition, and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health and financial and ethical issues, this casebook uses compelling case law, clear notes, and comprehensive background information to illuminate the complex and dynamic field of health care law. 

New to the Fifth Edition:
  • Recent challenges to the Affordable Care Act
  • Growth of Medicare Advantage
  • Medicaid work requirements
  • Private equity investment in health services
  • Medical price transparency
  • Vertical integration and cross-market mergers
Benefits for instructors and students:
  • Based on material in Part III, “Institutions, Providers, and the State,” from the popular parent book, along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs.
  • Includes cases and material not found in the parent book on:
    • Universal coverage and foreign health care systems
    • Economic and regulatory theory
    • Judicial and administrative review of Medicare decisions
    • Certificate of need laws
    • Monopolization claims
    • Antitrust immunity
  • Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information.
  • Provides additional discussion problems not found in the main volume.
  • Website, www.health-law.org, provides background materials, updates of important events, additional relevant topics, and links to other resources on the Internet.
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Table of Contents
Summary of Contents

Contents
Preface 

CHAPTER 1 Introduction 
CHAPTER 2 Institutional Liability 
CHAPTER 3 Health Care Financing and Reform 
CHAPTER 4 Regulation of Health Care Facilities and Transactions 

Glossary of Selected Terms and Acronyms
Table of Cases
Index 
 
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Preface
Professor Materials
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About the authors
Mark A. Hall

Mark A. Hall is Professor of Law and Public Health at Wake Forest University School of Law and Bowman Gray School of Medicine. He is also an Associate in Management at the Babcock School of Management, all of which are located in Winston-Salem, NC. Prof. Hall received his law degree with highest honors at the University of Chicago and was on the faculty at Arizona State University before assuming his present position. He has also completed a Robert Wood Johnson Foundation Health Finance Fellowship at Johns Hopkins University.

Prof. Hall specializes in health care law and public policy, with a focus on economic, regulatory, and corporate issues. His present research interests include health care reform, health care rationing, managed competition, integrated delivery systems, and insurance market reform. He is the author or editor of ten books on health care law and policy, including the 4-volume series Health Care Corporate Law (Aspen Publishing) and Making Medical Spending Decisions (Oxford University Press).

Nicholas Bagley

Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more. Professor Bagley also served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and to the Hon. David S. Tatel of the U.S. Court of Appeals, District of Columbia Circuit. Professor Bagley holds a BA in English from Yale University and received his JD, summa cum laude, from New York University School of Law. Before entering law school, he joined Teach For America and taught eighth-grade English at a public school in South Bronx. Professor Bagley's work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, the New England Journal of Medicine, and the Journal of Health Politics, Policy, and Law. In 2012, he was the recipient of the Law School's L. Hart Wright Award for Excellence in Teaching. He is a frequent contributor to The Incidental Economist, a prominent health policy blog.

David Orentlicher

David Orentlicher is Samuel R. Rosen Professor of Law and Co-Director of the Hall Center for Law and Health at the Indiana University Robert H. McKinney School of Law. He also is an Adjunct Professor of Medicine at Indiana University School of Medicine. Before coming to Indiana University, he served as the Director of the Division of Medical Ethics at the American Medical Association, where he drafted ethical guidelines for the medical profession on a wide range of issues. Dr. Orentlicher is a member of the American Law Institute and from 1992-1995, he served on the founding board of the American Association of Bioethics.

He received his M.D. and J.D. degrees from Harvard, was an editor of the Harvard Law Review, and clerked for the Hon. Alvin B. Rubin, U.S. Court of Appeals for Fifth Circuit. He practiced medicine and law each for approximately two years. He has authored or co-authored numerous articles in leading legal and medical journals, and has served on a variety of task forces on ethical and legal issues in medicine. He has most recently written about health care reform, cost containment, and assisted reproduction. During the 1997-98 academic year, he was the Visiting DeCamp Professor in Bioethics at Princeton University, and from November 2002 to November 2008, he served three terms as a state representative in the Indiana General Assembly.

Glenn Cohen

Glenn Cohen is one of the world's leading experts on the intersection of bioethics and the law, as well as health law. Prior to becoming a professor, he served as a law clerk to Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit and as a lawyer for the U.S. Department of Justice, Civil Division, Appellate Staff, where he handled litigation in the Courts of Appeals and (in conjunction with the Solicitor General’s Office) in the U.S. Supreme Court.

His current projects relate to big data, health information technologies, mobile health, reproductive technology, research ethics, organ transplantation, rationing in law and medicine, health policy, FDA law, translational medicine, and medical tourism. He is the author of more than 100 articles and chapters, and his award-winning work has appeared in leading legal (including the Stanford, Cornell, and Southern California Law Reviews), medical (including the New England Journal of Medicine, JAMA), bioethics (including the American Journal of Bioethics, the Hastings Center Report), scientific (Science, Cell, Nature Reviews Genetics), and public health (the American Journal of Public Health) journals, as well as Op-Eds in the New York Times and Washington Post. He is the author, co-author, editor, or co-editor of 12 books.

He was selected as a Radcliffe Institute Fellow for the 2012-2013 year and by the Greenwall Foundation to receive a Faculty Scholar Award in Bioethics. He is also a Fellow at the Hastings Center. He recently finished his role as one of the key co-investigators on the multi-million dollar Football Players Health Study at Harvard, which is committed to improving the health of NFL players. He co-leads the Regulatory Foundations, Ethics, and Law Program of Harvard Catalyst | The Harvard Clinical and Translational Science Center. He also leads the Project on Precision Medicine, Artificial Intelligence, and the Law (PMAIL). He is one of three editors-in-chief of the Journal of Law and the Biosciences (Oxford University Press) and serves on the editorial board for the American Journal of Bioethics and on the Ethics Committee for the American Congress of Obstetricians and Gynecologists (ACOG).

Nadia Sawicki

Nadia Sawicki’s areas of expertise include torts, health law, and bioethics. Her scholarly work addresses subjects including the law's role in shaping the informed consent process; tort law's limitations in protecting the rights of patients in the end-of-life and reproductive health contexts; the challenges of protecting patients' rights to safe and accessible medical care while also accommodating health care providers' conscientious beliefs; and the state’s role in enforcing ethical norms in medicine.

In 2020, Professor Sawicki was elected as a member of the American Law Institute. She has previously served as a member of the American Bar Association’s Special Committee on Bioethics and the Law, and co-chair of the American Society for Bioethics and Humanities’ Law Affinity Group.

Prior to joining Loyola, Professor Sawicki held the inaugural George Sharswood Fellowship at the University of Pennsylvania Law School, where she taught bioethics and public health law. She has also served as a lecturer in History and Sociology of Science at the University of Pennsylvania's School of Arts and Sciences, practiced law with Wolf, Block, Schorr & Solis-Cohen, and clerked for the Honorable J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania. Before attending law school, Professor Sawicki worked as an analyst in the Nursing Executive Center at the Advisory Board Company.
Product Information
Edition
Fifth Edition
Publication date
2024-09-15
Copyright Year
2024
Pages
496
Print + eBook
9798889063056
eBook
9798889063063
LLPOD
9798892078580
eBook + Audiobook
9798894114880
Audiobook
9798894115801
eBook + Audiobook + Paperback
9798894114040
Subject
Health Law
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