Preface

Acknowledgments

Table of Cases

Defining, Evaluating and Distributing Health Care: An Introduction

Defining Sickness

Quality in Health Care

The Problem of Medical Error

Distributive Justice and the Allocation of Health Care Resources---The Example of Human Organ Transplantation

PART I. PROMOTING QUALITY

Quality Control Regulation: Licensing of Health Care Professionals

Discipline

Alternative And Complementary Medicine

Unlicensed Providers

Scope Of Practice Regulation

Quality Control Regulation of Health Care Institutions

Introduction

Regulatory Systems

Private Accreditation Of Health Care Facilities

Liability of Health Care Professionals

The Standard of Care

Judicial Risk---Benefit Balancing

Other Theories

Defenses to a Malpractice Suit

Causation Problems: Delayed, Uncertain, Or Shared Responsibility

Damage Innovations

The Professional-Patient Relationship

The Contract Between Patient and Physician

Confidentiality and Disclosure in the Physician-Patient Relationship

Informed Consent: The Physician's Obligation

Informed Consent: The Institution's Obligation

Liability of Health Care Institutions

From Immunity to Vicarious Liability

Hospital Direct Liability

PART II. ACCESS AND COST CONTROL

Health Care Cost and Access: The Policy Context

The Problems

Approaches to Health Care Reform

Private Health Insurance and Managed Care: State Regulation and Liability

Insurance and Managed Care: Some Basic Concepts

Contract Liability of Private Insurers and Managed Care Organizations

Tort Liability of Managed Care

Regulation of Private Health Insurance Under State Law

Perspectives on Managed Care Regulation

Regulation of Insurance and Managed Care: The Federal Role

Introduction

The Employee Retirement Income Security Act of 1974 (ERISA)

Federal Initiatives to Expand Private Insurance Coverage: The Health Insurance Portability and Accountability Act of 1996, the Consolidated Omnibus Reconciliation Act of 1995 and the Americans With Disabilities Act

Public Health Care Programs: Medicare and Medicaid

Introduction

Medicare

Medicaid

The State Children's Health Insurance Program (Schip)

Access to Health Care: The Obligation to Provide Care

Physicians' Duty to Treat

Hospitals' Duty to Provide Treatment

PART III. ORGANIZING THE HEALTH CARE ENTERPRIZE

Professional Relationships in Health Care Enterprises

Staff Privileges and Hospital-Physician Contracts

Managed Care Contracts For Professional Services

Labor and Employment

Discrimination Law

The Structure of the Health Care Enterprise

Introduction: Where's Waldo?---Part I

Forms of Business Enterprises and Their Legal Consequences

Integration And New Organizational Structures: Where's Waldo---Part II

Tax-Exempt Health Care Organizations

Fraud and Abuse

False Claims

Medicare and Medicaid Fraud and Abuse

Stark I & II: A Transactional Approach To Self-Referrals

State Statutes and Alternative Approaches to Referrals and Fee Splitting

Antitrust

Cartels and Professionalism

Health Care Enterprises, Integration and Financing

PART IV. BIOETHICS

Human Reproduction and Birth

When Does Human Life Become a ``person''?

Medical Intervention In Reproduction

Fetal Maternal Decisionmaking

Legal, Social and Ethical Issues in Human Genetics

Introduction

Legal Responses to Privacy, Confidentiality, Consent and Discrimination

Genetic Screening

Defining Death

Introduction

The Development of the ``Brain Death'' Definition

The ``Dead Donor'' Rule and Expanding Classes of Organ Donors---Anencephalic Infants and ``non-Heart Beating'' Donors

Religious and Other Objections to Definitions of Death: Letting the Patient Decide Which Definition to Use

Life and Death Decisions

Principles of Autonomy and Beneficence

The United States Constitution and the ``Right To Die''

The ``Right to Die''---Patients With Decisional Capacity

The ``Right to Die''---Patients Without Decisional Capacity

The ``Right to Die''---Children and Newborns

Criminal & Civil Liability in ``Right to Die'' Cases

Physician Assisted Death

Interdisciplinary Decisionmaking in Health Care: Regulation of Research Involving Human Subjects, Ethics Committees, And Advisory Committees

Regulation of Research Upon Human Subjects

Institutional Ethics Committees

National and State Commissions

Index