American Journal of Law & Medicine最新文献

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Read It Three Times, Then Read It Again: How Nursing Homes Use "Responsible Party" Clauses in Admission Agreements to Charge Relatives for Their Loved Ones' Care. 读三遍,再读一遍:养老院如何利用入院协议中的 "责任方 "条款向亲属收取其亲人的护理费用。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-04-02 DOI: 10.1017/amj.2024.6
Jason J Perez Benavides
{"title":"Read It Three Times, Then Read It Again: How Nursing Homes Use \"Responsible Party\" Clauses in Admission Agreements to Charge Relatives for Their Loved Ones' Care.","authors":"Jason J Perez Benavides","doi":"10.1017/amj.2024.6","DOIUrl":"10.1017/amj.2024.6","url":null,"abstract":"<p><p>This Note explores an alarming, decades-old trend that has received renewed attention from enforcement agencies and the media: nursing homes suing family members and friends (\"relatives\") for residents' unpaid bills. As justification, nursing homes point to \"responsible party\" clauses within admission agreements signed by relatives during the admission process. Undeterred by the 1987 Federal Nursing Home Reform Act's (FNHRA) prohibition on requiring relatives to act as financial guarantors in exchange for residents' admission, nursing homes use carefully worded \"responsible party\" clauses to obtain virtually the same result: relatives' total liability for residents' unpaid balances. Relatives are frequently caught off-guard by these lawsuits; many who sign admission agreements do so without a proper understanding of the potential liability they are assuming and have limited (if any) access to residents' assets. This problem is aggravated by several aspects of the admission process that disadvantage relatives, such as the stressful and emotional nature of admission, the complicated language in admission agreements, and the inadequate-at times, misleading-guidance provided by nursing homes. This Note examines the tension between the FNHRA's financial protections for relatives and nursing homes' admission practices and use of \"responsible party\" clauses. Furthermore, this Note proposes solutions aimed at better informing relatives of the legal risks associated with \"responsible party\" clauses.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 4","pages":"511-524"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140334388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Who Is a Health Care Provider?: Statutory Interpretation as a Middle-Ground Approach to Medical Malpractice Damage Caps. 谁是医疗服务提供者?法定解释作为医疗事故损害赔偿上限的中间方法。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-04-02 DOI: 10.1017/amj.2024.5
Isaac Margolis
{"title":"Who Is a Health Care Provider?: Statutory Interpretation as a Middle-Ground Approach to Medical Malpractice Damage Caps.","authors":"Isaac Margolis","doi":"10.1017/amj.2024.5","DOIUrl":"10.1017/amj.2024.5","url":null,"abstract":"<p><p>Debates over the effectiveness, constitutionality, and fairness of medical malpractice damage caps are as old as the laws themselves. Though some courts have struck down damage caps under state constitutional provisions, the vast majority hesitate to invalidate malpractice reform legislation. Instead, statutory interpretation offers a non-constitutional method of challenging the broad scope of damage caps without fully invalidating legislative efforts to curtail \"excessive\" malpractice liability. This Note examines the term \"health care providers\" in construing malpractice reform laws and identifies two predominant forms of statutory interpretation that state courts apply. In doing so, this Note offers recommendations for courts and legislatures to best balance the goals of the malpractice reform movement with patients' interests in recovery for medical injuries.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 4","pages":"493-510"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140334391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Need for Transparency in Medicaid Managed Care: Section 1115 Waiver Requirements as a Blueprint. 医疗补助管理式护理需要透明度:作为蓝图的第 1115 款豁免要求。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-04-02 DOI: 10.1017/amj.2024.3
Nicole Doherty
{"title":"The Need for Transparency in Medicaid Managed Care: Section 1115 Waiver Requirements as a Blueprint.","authors":"Nicole Doherty","doi":"10.1017/amj.2024.3","DOIUrl":"10.1017/amj.2024.3","url":null,"abstract":"<p><p>Medicaid plays a significant role in the health care space, providing insurance coverage to nearly one quarter of the U.S. population. In recent years, managed care organizations have taken on an increasingly prominent role in the Medicaid space, and in many instances have become the sole insurance option for Medicaid recipients. The scale and method of implementation for managed care programs has varied widely from state to state. This Note discusses the many methods by which a state can enact managed care within its Medicaid program, and summarizes the challenges with assessing the success of such programs. It proposes a uniform approach to managed care reporting requirements designed to increase transparency and accountability across state lines, and in turn ensure quality care for Medicaid managed care beneficiaries.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 4","pages":"457-470"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140334390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Protected Class, An Unprotected Condition, and A Biomarker - A Method/Formula for Increased Diversity in Clinical Trials for the African American Subject with Benign Ethnic Neutropenia (BEN) - CORRIGENDUM. 一个受保护的类别、一种不受保护的情况和一种生物标志物--为患有良性种族中性粒细胞减少症(BEN)的非裔美国受试者增加临床试验多样性的方法/公式--CORRIGENDUM。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2023-07-19 DOI: 10.1017/amj.2023.24
Regina Ponder
{"title":"A Protected Class, An Unprotected Condition, and A Biomarker - A Method/Formula for Increased Diversity in Clinical Trials for the African American Subject with Benign Ethnic Neutropenia (BEN) - CORRIGENDUM.","authors":"Regina Ponder","doi":"10.1017/amj.2023.24","DOIUrl":"10.1017/amj.2023.24","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":" ","pages":"525"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10208393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Abortion Access for Women in Custody in the Wake of Dobbs v. Jackson Women's Health. 在 "多布斯诉杰克逊妇女健康案 "之后被监护妇女的堕胎机会。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-04-02 DOI: 10.1017/amj.2024.4
Allison Herr
{"title":"Abortion Access for Women in Custody in the Wake of <i>Dobbs v. Jackson Women's Health</i>.","authors":"Allison Herr","doi":"10.1017/amj.2024.4","DOIUrl":"10.1017/amj.2024.4","url":null,"abstract":"<p><p>The United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization made it drastically harder for women to access abortions. The Dobbs decision has had a disproportionate impact on women who are incarcerated or on some form of community supervision such as probation or parole. This Note analyzes a potential right to an abortion for women involved in the criminal justice system, even those living in states that have banned or deeply restricted abortion access after the Dobbs decision. In doing so, this Note looks for different constitutional avenues to protect incarcerated women's right to an abortion, including under the Eighth Amendment to the U.S. Constitution.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 4","pages":"471-492"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140334386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How The "Great Resignation" and COVID Unemployment Have Eroded the Employer Sponsored Insurance Model and Access to Healthcare. 大辞职 "和 COVID 失业如何削弱了雇主赞助的保险模式和医疗保健的可及性。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-04-02 DOI: 10.1017/amj.2024.1
Miriam F Weismann
{"title":"How The \"Great Resignation\" and COVID Unemployment Have Eroded the Employer Sponsored Insurance Model and Access to Healthcare.","authors":"Miriam F Weismann","doi":"10.1017/amj.2024.1","DOIUrl":"10.1017/amj.2024.1","url":null,"abstract":"<p><p>Pre-pandemic, employer-sponsored health insurance (ESI) covered 175 million workers and their dependents, the equivalent of 49% of the country's total population. ESI, a valuable tax preference to employer and employee alike, spurred worker job dependence on employers resulting in access to healthcare dependent upon continued employment. With the advent of the pandemic and the dramatic increase in unemployment, the number of uninsured increased by more than 2.7 million people. Then, unemployment proliferated further by an unprecedented exit from the workforce dubbed the \"Great Resignation.\" Over 47 million Americans voluntarily quit their jobs in a movement characterized as a general labor strike. The pandemic opened the floodgates to workers' concerns about COVID safety in the workplace, wage stagnation despite increases in the cost of living, enduring job dissatisfaction, and increased demand for a remote-working environment. Data shows that the unemployed shifted to the Affordable Care Act marketplace or to the public payer option, Medicaid, for coverage. This shift signals a change, post-pandemic, away from the destabilizing system of access to care based on employment and unwanted job dependence and provides a policy argument favoring the more stabilizing influence of public insurance options in the health insurance market.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 4","pages":"415-435"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140334387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
"The Timeless Explosion of Fantasy's Dream": How State Courts Have Ignored the Supreme Court's Decision in Panetti v. Quarterman - ERRATUM. "幻想之梦的永恒爆发":州法院如何无视最高法院对 Panetti 诉 Quarterman 案的判决 - ERRATUM.
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-03-07 DOI: 10.1017/amj.2024.10
Michael L Perlin, Talia Roitberg Harmon, Maren Geiger
{"title":"\"The Timeless Explosion of Fantasy's Dream\": How State Courts Have Ignored the Supreme Court's Decision in <i>Panetti v. Quarterman</i> - ERRATUM.","authors":"Michael L Perlin, Talia Roitberg Harmon, Maren Geiger","doi":"10.1017/amj.2024.10","DOIUrl":"10.1017/amj.2024.10","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":" ","pages":"527"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140048495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mental Health Matters: A Look At Abortion Law Post-Dobbs - ERRATUM. 心理健康问题:后多布斯时代的堕胎法 - ERRATUM.
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-03-11 DOI: 10.1017/amj.2024.9
Kristin Telford, Lauren B Solberg
{"title":"Mental Health Matters: A Look At Abortion Law Post-Dobbs - ERRATUM.","authors":"Kristin Telford, Lauren B Solberg","doi":"10.1017/amj.2024.9","DOIUrl":"10.1017/amj.2024.9","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":" ","pages":"526"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140093275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Speech and Suicide-The Line of Legality. 言论与自杀--合法性的界限。
IF 0.5 4区 社会学
American Journal of Law & Medicine Pub Date : 2023-12-01 Epub Date: 2024-04-02 DOI: 10.1017/amj.2024.2
Justine L Newman
{"title":"Speech and Suicide-The Line of Legality.","authors":"Justine L Newman","doi":"10.1017/amj.2024.2","DOIUrl":"10.1017/amj.2024.2","url":null,"abstract":"<p><p>While physician-assisted suicide legislation is being drafted and passed across the United States, a gray-area continues to exist in regard to the legality of a lay person's assistance with suicide. Several high-profile cases have been covered in the media, namely that of Michelle Carter in Massachusetts and William Melchert-Dinkel in Minnesota, but there is also a growing volume of anonymous pro-suicide materials online. Pro-suicide groups fly under the radar and claim to help those desiring to take their own lives. This paper aims to identify the point at which an individual or group can be held civilly or criminally liable for assisting suicide and discusses how the First Amendment can be used to shield authors from such liability.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"49 4","pages":"436-456"},"PeriodicalIF":0.5,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140334389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Statutory Development for Criminal Responsibility based on International Trade Law of Aggressive Tax under Travaux Preparatoires: A Case Report of Joe Cinque “预备税”下侵略性税收国际贸易法中刑事责任的法定发展——以乔·辛克为例
4区 社会学
American Journal of Law & Medicine Pub Date : 2023-10-26 DOI: 10.47672/ajl.1626
Zharama Llarena
{"title":"The Statutory Development for Criminal Responsibility based on International Trade Law of Aggressive Tax under Travaux Preparatoires: A Case Report of Joe Cinque","authors":"Zharama Llarena","doi":"10.47672/ajl.1626","DOIUrl":"https://doi.org/10.47672/ajl.1626","url":null,"abstract":"Purpose: Taxes are responsibilities of a company to comply with the goals of sustainable development. Corporate Code of Conduct must exercise tax compliance and avoid tax evasion as source of criminal liability. This paper aims to develop tax avoidance based on statutory interpretation concerning Hague Convention as its extrinsic material to extend the legal principle of travaux preparatoires. Hence, UNCITRAL legal modelling framework is utilized to make commercial transactions universal to trade law, for addressing legal gaps in marketing behavior of taxation system involving intellectual property of product design. Thus, this statutory interpretation intends to resolve issues for the lack of legal measures in protecting public safety resulting to increase in domestic violence proportional to massive terrorism serving as a question in deontology.&#x0D; Methodology: Tax aggressiveness is the obligation of the company to provide revenue distribution to public sector. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. Hague Convention drafted travaux preparatoires to conceptualize a legal framework of making the commercial transactions universal to other extended territories in terms of international trade law.&#x0D; Findings: Corporate Governance is a systematic design of stakeholders and their corporate social responsibility to advocate sustainable development. Therefore, in terms of tax avoidance, the strict liability of the company must be addressed with constitutional issues and commercial responsibilities of selling its product design with elemental performance of domestic violence under Contracts for the International Sale of Goods (CISG) of United Nations Convention. The statutory interpretation for tax avoidance serves as a developed measurement to allocate funds, from sources of criminal actions, since deviation of tax avoidance would result to illegal diversions as criminal offenses from tax avoidance, for promotion of public welfare and safety in public sector, as well as in police enforcement of constitutional right.&#x0D; Recommendation: Corporate social responsibility must be observed as fulfillment of business ethics’ goals of financial intelligence to sustainable development of Corporate Governance. Thus, it is suggested for advocacy of artificial intelligence adoption as authorless works for promoting intellectual property as a constitutional right.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"C-34 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134909615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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