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Published online by Cambridge University Press: 24 February 2021
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- American Journal of Law & Medicine , Volume 26 , Issue 2-3: The Changing Face of Law and Medicine in the New Millennium , 2000 , pp. 135 - 141
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- Copyright © American Society of Law, Medicine and Ethics and Boston University 2020
References
1 See Geoffrey, Cowley & Bill, Turgque, Critical Condition, Newsweek, Nov. 8, 1999Google Scholar, at 58.
2 See Bovbjerg, Randall R. & Miller, Robert H., Managed Care and Medical Injury: Let's Not Throw Out the Baby with the Backlash, 24 J. Health Pol., Pol'y & Law 1145, 1145 (1999)Google ScholarPubMed.
3 See Quality Care for the Uninsured Act of 1999, H.R. 2990, 106th Cong. (1999).
4 154 F.3d 362 (7th Cir. 1998), reh 'g en banc denied, 170 F.3d 683 (7th Cir. 1999), cert, granted, 120 S. Ct. 10 (U.S. Sept. 28, 1999) (No. 98-1949).
5 See Herdrich, 154 F.3d at 384.
6 The President's Plan to Modernize and Strengthen Medicare for the 21st Century (last visited May 31, 2000) <http://www.whitehouse.gov/WH/New/htmI/medicare.pdf>.
7 Id.
8 See Medicare+Choice Progam, 42 C.F.R. §§ 422.208,422.210 (1999).
9 Social Security Act §§ 1851-1859 (codified at 42 U.S.C. § 1395w-21 through §1395w-28 1997).
10 See Health Care Financing Administration, Quality Improvement System for Managed Care (QISMC) (last modified Dec. 22, 1999) <http://www.hcfa.gov/quality/3a.htm>.
11 See Jordan J. Cohen, Closing the Gaps by Working Together, Presented at the Association of American Medical Colleges Annual Meeting (Oct. 24, 1999).
12 Id.
13 Publication of the OIG Gainsharing Arrangements and CMPs for Hospital Payments to Physicians to Reduce or Limit Services to Beneficiaries, 64 Fed. Reg. 37985 (1999).
14 See id.
15 See Gaedeke Roland, M.K., Comment, Looking for a Prince Among the Frogs: Solutions to Erisa 's Preemptive Effect on Improving Health Care, 47 Buff. l. Rev. 1487, 1526-27Google Scholar.
16 Social Security Act § 1877 (codified at 42 U.S.C. § 1395nn).
17 Social Security Act § 1128B(b) (codified at 42 U.S.C. § 1320a-7b(b)).
18 64 Fed. Reg. 37985. “Notwithstanding the statutory prohibition, the OIG has given extensive consideration to whether it would be appropriate to protect individual gainsharing arrangements from OIG administrative sanctions through the issuance of favorable advisory opinions. Based on our review of a number of requests, we have concluded that they contain common elements that preclude our issuance of any favorable opinion.” Id.
19 See Institute of Medicine, Committee on Quality of Health Care in America, to Err is human: Building a Safer Health System (L.T. Kohn et al. eds., 2000) [hereinafter To Err is Human].
20 See, e.g., Shapiro, Joseph P., Doctoring a Sickly System: Deadly Medical Mistakes are Rampant, U.S. News & World Report, Dec. 13, 1999Google Scholar.
21 See To Err is Human, supra note 19, at 1.
22 See D.M. Berwick, Reducing Errors in Medicine (last modified Aug. 2, 1999) <http://www.inno-vet.com/articles/1999/0899/54.htm>.
23 See To Err is Human, supra note 19, at 9.
24 See id.
25 See Symposium on Healthcare Internet and E-Commerce: Legal. Regulatory and Ethical Issues (visited May 30, 2000) <http://www.ehealthlawethics.com>.
26 The Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, 110 Stat. 1936 (codified in scattered sections of 42 U.S.C.).
27 See Office of the Assistant Secretary for Planning and Education, Administrative Simplification (last modified May 5, 2000) <http://aspe.hhs.gov/admnsimp>.
28 Annual Meeting Special Section, Health Lawyers News, Aug. 1998, at 12, 15.