The Oxford Handbook of U.S. Health Law (Oxford Handbooks)

The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience ofother countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law. Relating health law to health policy : a frictional account / William M. Sage -- The relationship between bioethics and U.S. Health law : past present, and future / I. Glenn Cohen -- What health reform reveals about health law / Allison K. Hoffman -- A view from a friend and neighbor : a Canadian perspective on U.S. healthcare and the Affordable Care Act / Colleen Flood and Bryan Thomas -- Healthcare Federalism / Abigail R. Moncrieff and Joseph Lawless -- Accessing hospitals and health professionals / Eleanor D. Kinney -- Access to health insurance and health benefits / Timothy Stoltzfus Jost -- Legal battle against discrimination in healthcare / Dayna Bowen Matthew -- Health information law / Frank Pasquale -- The promise of informed consent / Robin Fretwell Wilson -- Communicating loyalty : advocacy and disclosure of conflicts in treatment and research relationships / Robert Gatter -- Medial privacy and security / Sharona Hoffman -- New, experimental, and life-saving therapies / B. Jessie Hill -- Mental health and other behavioral health services / John V. Jacobi -- Assisted reproductive technologies and abortion / Judith Daar -- Conscientious refusals of care / Elizabeth Sepper -- Disability and health law / Leslie Francis, Anita Silvers, and Michael Ashley Stein -- Autonomy and its limits in end-of-life law / Rebecca Dresser -- Medical malpractice liability : of modest expansions and tightening standards / Barry R. Furrow -- Drug product liability at the crossroads / Peter Grossi and Keri Arnold -- Complaints to professional and regulatory bodies / Nadia N. Sawicki -- Structure of governmental oversight of quality in healthcare / Sandra H. Johnson -- The hospital-physician relationship / John D. Blum, Shawn R. Mathis, and Paul J. Voss -- Nonprofit healthcare organizations and the law / Jill R. Horwitz -- It was on fire when I lay down on it : why medical malpractice reform can't fix healthcare / David A. Hyman and Charles Silver -- The biomedical research enterprise / Mark Barnes and David Peloquin -- Antitrust endorcement and the future of healthcare competition / William M. Sage -- Drugs, biologics, and devices : FDA regulation, intellectual property, and medical products in the American healthcare system / Lewis A. Grossman -- Health law's uneasy relationship with delivery system innovation / Richard S. Saver -- Legal and policy issues in measuring and improving quality / Kristin Madison -- Employment-based health coverage / Mark A. Hall -- Risk and regulation in private insurance / Robert H. Jerry, II -- Medicare at fifty / Theodore R. Marmor and Jonathan Oberlander -- Medicaid at fifty / Sara Rosenbaum -- The interactions between public and private health insurance / Amy B. Monahan -- Managing the care and costs of a defined insured population / Francis J. Crosson and Laura A. Tollen -- Paying for healthcare / David M. Frankford -- Integration, fragmentation, and human nature : the role of the fraud and abuse laws in a changing healthcare system / Joan H. Krause -- Invisible forces at work : health legislation and budget processes / Timothy Westmoreland -- The ethics of rationing healthcare / A.M. Capron -- The economics of healthcare rationing / Michael Frakes, Matthew B. Frank, and Kyle Rozema -- American public health law / Lawrence O. Gostin, Daniel Hougendobler, and Anna E. Roberts -- Communicable disease law and emerging issues : antibiotic resistance / Zita Lazzarini -- Public health : noncommunicable disease prevention / Lindsay R. Wiley, Manel Kappagoda, and Anne Pearson -- Public health emergency legal and ethical preparedness / James G. Hodge, Jr. -- Who's in? : Immigrants and healthcare / Wendy E. Parmet -- Aging population / Marshall B. Kapp -- Globalization / Nathan Cortez -- The social determinants of health / Rachel Rebouché and Scott Burris -- Genomics and the law / Maxwell J. Mehlman Cover The Oxford Handbook of U.S. Health Law Copyright Dedication Contents Foreword List of Contributors Introduction part I AN OVERVIEW OF THE LEGAL GOVERNANCE OF HEALTHCARE 1. Relating Health Law to Health Policy: A Frictional Account 2. The Relationship between Bioethics and U.S. Health Law: Past, Present, and Future 3. What Health Reform Reveals about Health Law 4. A View from a Friend and Neighbor: A Canadian Perspective on U.S. Healthcare and the Affordable Care Act 5. Healthcare Federalism part II CARING AND RECEIVING CARE A. Access to Healthcare 6. Accessing Hospitals and Health Professionals 7. Access to Health Insurance and Health Benefits 8. Legal Battles against Discrimination in Healthcare B. Legal Issues in Information Exchange 9. Health Information Law 10. The Promise of Informed Consent 11. Communicating Loyalty: Advocacy and Disclosure of Conflicts in Treatment and Research Relationships 12. Medical Privacy and Security C. Ethics and Law of Treatments 13. New, Experimental, and Life-​Saving Therapies 14. Mental Health and Other Behavioral Health Services 15. Assisted Reproductive Technologies and Abortion 16. Conscientious Refusals of Care 17. Disability and Health Law 18. Autonomy and Its Limits in End-​of-​Life Law D. Recourse for Injury 19. Medical Malpractice Liability: Of Modest Expansions and Tightening Standards 20. Drug Product Liability at the Crossroads 21. Complaints to Professional and Regulatory Bodies part III ORGANIZING AND FINANCING THE HEALTHCARE SYSTEM A. Health Professionals and Healthcare Facilities 22. Structure of Governmental Oversight of Quality in Healthcare 23. The Hospital-​Physician Relationship 24. Nonprofit Healthcare Organizations and the Law 25. It Was on Fire When I Lay Down on It: Why Medical Malpractice Reform Can’t Fix Healthcare B. Competition and Innovation 26. The Biomedical Research Enterprise 27. Antitrust Enforcement and the Future of Healthcare Competition 28. Drugs, Biologics, and Devices: FDA Regulation, Intellectual Property, and Medical Products in the American Healthcare System 29. Health Law’s Uneasy Relationship with Delivery System Innovation 30. Legal and Policy Issues in Measuring and Improving Quality C. Health Insurance and Finance 31. Employment-​Based Health Coverage 32. Risk and Regulation in Private Insurance 33. Medicare at Fifty 34. Medicaid at Fifty 35. The Interactions between Public and Private Health Insurance D. Healthcare Costs 36. Managing the Care and Costs of a Defined Insured Population 37. Paying for Healthcare 38. Integration, Fragmentation, and Human Nature: The Role of the Fraud and Abuse Laws in a Changing Healthcare System 39. Invisible Forces at Work: Health Legislation and Budget Processes 40. The Ethics of Rationing Healthcare 41. The Economics of Healthcare Rationing E. Public Health Law 42. American Public Health Law 43. Communicable Disease Law and Emerging Issues: Antibiotic Resistance 44. Public Health: Noncommunicable Disease Prevention 45. Public Health Emergency Legal and Ethical Preparedness part IV THE HEALTH LAW FRONTIER 46. Who’s In?: Immigrants and Healthcare 47. Aging Population 48. Globalization 49. The Social Determinants of Health 50. Genomics and the Law Index The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law. -- Amazon.com Relating Health Law To Health Policy : A Frictional Account -- The Relationship Between Bioethics And U.s. Health Law : Past, Present, And Future -- Access To Hospitals And Health Professionals -- Access To Health Insurance And Health Benefits -- New, Experimental, And Life-saving Therapies -- Assisted Reproductive Technologies And Abortion -- Disability And Health Law -- Structure Of Governmental Oversight Of Quality In Healthcare -- Legal And Policy Issues In Measuring And Improving Quality -- Managing The Care And Costs Of A Defined Insured Population -- Paying For Healthcare -- Genomics And The Law. Edited By I. Glenn Cohen, Allison Hoffman, William M. Sage ; Foreword By Kathleen G. Sebelius. Includes Bibliographical References And Index. The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalisation, aging, and the social determinants of health