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.
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.
Table of Contents
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 Rebouche and Scott Burris 50. Geonomics and the Law / Maxwell J. Mehlman