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The Oxford Handbook of U.S. Health Law

The Oxford Handbook of U.S. Health Law

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780199366521
  • Published In: January 2017
  • Format: Hardback
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    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.

  • Foreword by Kathleen G. Sebelius
    Introduction / I. Glenn Cohen, Allison K. Hoffman, William M. Sage

    I. AN OVERVIEW OF THE LEGAL GOVERNANCE OF HEALTHCARE
    1. Relating Health Law to Health Policy: A Frictional Account / William M. Sage
    2. The Relationship Between Bioethics and U.S. Health Law: Past, Present, and Future / I. Glenn Cohen
    3. What Health Reform Reveals About Health Law / Allison K. Hoffman
    4. A View From A Friend and Neighbor: A Canadian Perspective on U.S. Healthcare and the Affordable Care Act / Colleen Flood and Bryan Thomas
    5. Health Care Federalism / Abigail R. Moncrieff & Joseph Lawless

    II. CARING AND RECEIVING CARE
    A. Access to Healthcare
    6. Accessing Hospitals and Health Professionals / Eleanor D. Kinney
    7. Access to Health Insurance and Health Benefits / Timothy Stoltzfus Jost
    8. Legal Battles Against Discrimination in Healthcare / Dayna Bowen Matthew
    B. Legal Issues in Information Exchange
    9. Health Information Law / Frank Pasquale
    10. The Promise of Informed Consent / Robin Fretwell Wilson
    11. Communicating Loyalty: Advocacy and Disclosure of Conflicts in Treatment and Research Relationships / Robert Gatter
    12. Medical Privacy and Security / Sharona Hoffman
    C. Ethics and Law of Treatments
    13. New, Experimental, and Life-Saving Therapies / B. Jessie Hill
    14. Mental Health and other Behavioral Health Services / John V. Jacobi
    15. Assisted Reproductive Technologies and Abortion / Judith Daar
    16. Conscientious Refusals of Care / Elizabeth Sepper
    17. Disability and Health Law / Leslie Francis, Anita Silvers, and Michael Ashley Stein
    18. Autonomy and Its Limits in End-of-Life Law / Rebecca Dresser
    D. Recourse for Injury
    19. Medical Malpractice Liability: Of Modest Expansions and Tightening Standards / Barry R. Furrow
    20. Drug Product Liability at the Crossroads / Peter Grossi and Keri Arnold
    21. Complaints to Professional and Regulatory Bodies / Nadia N. Sawicki

    III. ORGANIZING AND FINANCING THE HEALTHCARE SYSTEM
    A. Health Professionals and Healthcare Facilities
    22. Structure of Governmental Oversight of Quality in Healthcare / Sandra H. Johnson
    23. The Hospital-Physician Relationship / John D. Blum, Shawn R. Mathis, and Paul J. Voss
    24. Nonprofit Healthcare Organizations and the Law / Jill Horwitz
    25. It Was on Fire When I Lay Down on it: Why Medical Malpractice Reform Can't Fix Healthcare / David A. Hyman and Charles Silver
    B. Competition and Innovation
    26. The Biomedical Research Enterprise / Mark Barnes and David Peloquin
    27. Antitrust Enforcement and the Future of Health Care Competition / William M. Sage
    28. Drugs, Biologics, and Devices: FDA Regulation, Intellectual Property, and Medical Products in the American Healthcare System Lewis / A. Grossman
    29. Health Law's Uneasy Relationship with Delivery System Innovation / Richard S. Saver
    30. Legal and Policy Issues in Measuring and Improving Quality / Kristin Madison
    C. Health Insurance and Finance
    31. Employment-Based Health Coverage / Mark A. Hall
    32. Risk and Regulation in Private Insurance / Robert H. Jerry, II
    33. Medicare at Fifty / Theodore Marmor and Jonathan Oberlander
    34. Medicaid at Fifty / Sara Rosenbaum
    35. The Interactions Between Public and Private Health Insurance / Amy B. Monahan
    D. Health Care Costs
    36. Managing the Care and Costs of a Defined Insured Population / Francis J. Crosson and Laura A. Tollen
    37. Paying for Healthcare / David M. Frankford
    38. Integration, Fragmentation, and Human Nature: The Role of the Fraud and Abuse Laws in a Changing Healthcare System / Joan K. Krause
    39. Invisible Forces at Work: Health Legislation and Budget Processes / Timothy Westmoreland
    40. The Ethics of Rationing Healthcare / A. M. Capron
    41. The Economics of Healthcare Rationing / Michael Frakes, Matthew B. Frank, and Kyle Rozema
    E. Public Health Law
    42. American Public Health Law / Lawrence O. Gostin, Daniel Hougendobler, and Anna E. Roberts
    43. Communicable Disease Law and Emerging Issues: Antibiotic Resistance / Zita Lazzarini
    44. Public Health: Noncommunicable Disease Prevention / Manel Kappagoda, Lindsay F. Wiley, and Anne Pearson
    45. Public Health Emergency Legal and Ethical Preparedness / James G. Hodge Jr.

    IV. THE HEALTH LAW FRONTIER
    46. Who's in?: Immigrants and Healthcare / Wendy E. Parmet
    47. Aging Population / Marshall B. Kapp
    48. Globalization / Nathan Cortez
    49. The Social Determinants of Health / Rachel Rebouché and Scott Burris
    50. Geonomics and the Law / Maxwell J. Mehlman

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