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. SebeliusIntroduction / I. Glenn Cohen, Allison K. Hoffman, William M. SageI. AN OVERVIEW OF THE LEGAL GOVERNANCE OF HEALTHCARE1. Relating Health Law to Health Policy: A Frictional Account / William M. Sage2. The Relationship Between Bioethics and U.S. Health Law: Past, Present, and Future / I. Glenn Cohen3. What Health Reform Reveals About Health Law / Allison K. Hoffman4. A View From A Friend and Neighbor: A Canadian Perspective on U.S. Healthcare and the Affordable Care Act / Colleen Flood and Bryan Thomas5. Health Care Federalism / Abigail R. Moncrieff & Joseph LawlessII. CARING AND RECEIVING CAREA. Access to Healthcare6. Accessing Hospitals and Health Professionals / Eleanor D. Kinney7. Access to Health Insurance and Health Benefits / Timothy Stoltzfus Jost8. Legal Battles Against Discrimination in Healthcare / Dayna Bowen MatthewB. Legal Issues in Information Exchange9. Health Information Law / Frank Pasquale10. The Promise of Informed Consent / Robin Fretwell Wilson11. Communicating Loyalty: Advocacy and Disclosure of Conflicts in Treatment and Research Relationships / Robert Gatter12. Medical Privacy and Security / Sharona HoffmanC. Ethics and Law of Treatments13. New, Experimental, and Life-Saving Therapies / B. Jessie Hill14. Mental Health and other Behavioral Health Services / John V. Jacobi15. Assisted Reproductive Technologies and Abortion / Judith Daar16. Conscientious Refusals of Care / Elizabeth Sepper17. Disability and Health Law / Leslie Francis, Anita Silvers, and Michael Ashley Stein18. Autonomy and Its Limits in End-of-Life Law / Rebecca DresserD. Recourse for Injury19 Medical Malpractice Liability: Of Modest Expansions and Tightening Standards / Barry R. Furrow20. Drug Product Liability at the Crossroads / Peter Grossi and Keri Arnold21. Complaints to Professional and Regulatory Bodies / Nadia N. SawickiIII. ORGANIZING AND FINANCING THE HEALTHCARE SYSTEMA. Health Professionals and Healthcare Facilities22. Structure of Governmental Oversight of Quality in Healthcare / Sandra H. Johnson23. The Hospital-Physician Relationship / John D. Blum, Shawn R. Mathis, and Paul J. Voss24. Nonprofit Healthcare Organizations and the Law / Jill Horwitz25. It Was on Fire When I Lay Down on it: Why Medical Malpractice Reform Can't Fix Healthcare / David A. Hyman and Charles SilverB. Competition and Innovation26. The Biomedical Research Enterprise / Mark Barnes and David Peloquin27. Antitrust Enforcement and the Future of Health Care Competition / William M. Sage28. Drugs, Biologics, and Devices: FDA Regulation, Intellectual Property, and Medical Products in the American Healthcare System Lewis / A. Grossman29. Health Law's Uneasy Relationship with Delivery System Innovation / Richard S. Saver30. Legal and Policy Issues in Measuring and Improving Quality / Kristin MadisonC. Health Insurance and Finance31. Employment-Based Health Coverage / Mark A. Hall32. Risk and Regulation in Private Insurance / Robert H. Jerry, II33. Medicare at Fifty / Theodore Marmor and Jonathan Oberlander34. Medicaid at Fifty / Sara Rosenbaum35. The Interactions Between Public and Private Health Insurance / Amy B. MonahanD. Health Care Costs36. Managing the Care and Costs of a Defined Insured Population / Francis J. Crosson and Laura A. Tollen37. Paying for Healthcare / David M. Frankford38. Integration, Fragmentation, and Human Nature: The Role of the Fraud and Abuse Laws in a Changing Healthcare System / Joan K. Krause39. Invisible Forces at Work: Health Legislation and Budget Processes / Timothy Westmoreland40. The Ethics of Rationing Healthcare / A. M. Capron41. The Economics of Healthcare Rationing / Michael Frakes, Matthew B. Frank, and Kyle RozemaE. Public Health Law42. American Public Health Law / Lawrence O. Gostin, Daniel Hougendobler, and Anna E. Roberts43. Communicable Disease Law and Emerging Issues: Antibiotic Resistance / Zita Lazzarini44. Public Health: Noncommunicable Disease Prevention / Manel Kappagoda, Lindsay F. Wiley, and Anne Pearson45. Public Health Emergency Legal and Ethical Preparedness / James G. Hodge Jr.IV. THE HEALTH LAW FRONTIER46. Who's in?: Immigrants and Healthcare / Wendy E. Parmet47. Aging Population / Marshall B. Kapp48. Globalization / Nathan Cortez49. The Social Determinants of Health / Rachel Rebouché and Scott Burris50. Geonomics and the Law / Maxwell J. Mehlman