Volume 4 (1995)

Annals of Health Law
The Health Policy and Law Review of Loyola University Chicago School of Law

Volume 4 (1995)

Editor-In-Chief: John D. Blum, M.H.S., J.D. 

Executive Editor: Marilyn Hanzal, J.D. 

Senior Editor: Kimberley Elting, J.D.

Articles Editors:
Jean Hellman, J.D.
Nancy Knupp

Editorial Board:
Jack R. Bierig
James F. Bresnahan
W. Kenneth Davis, Jr.
William D. Frazier
Julie Hamblin
Edward B. Hirshfield
Robert G. Lee
Lawrence E. Singer
John Wester

Articles:

Physician Recruitment After Hermann Hospital
Author: Robert C. Louthian III & Elizabeth M. Mills

The state of physician recruitment changed after the Internal Revenue Service required Hermann Hospital to publish its closing agreement with the IRS.  The closing agreement released the long-awaited IRS "Hospital Physician Recruitment Guidelines."  The IRS' recently proposed revenue ruling provides additional insight on acceptable physician recruitment practices as well.

Preferred Provider Organization Structures and Agreements  
Author: James C. Dechene

Preferred provider organizations can be created with both positive and negative consequences.  Certain structures meet certain needs, and many contract terms can benefit the parties or create pitfalls.

Potential Anticompetitive Effects of Most Favored Nation Contract Clauses in Managed Care and Health Insurance Contracts
Author: Anthony J. Dennis

Most favored nation contract clauses used in health care contracts have been repeatedly challenged under both federal and state antitrust laws.  While none of these challenges to date has succeeded, the legal status of these clauses is clearly still evolving.

The Aftermath of HMO Insolvency: Considerations for Providers
Author: Jay M. Howard

The insolvency of a health maintenance organization can spell disaster for its providers and members.  How an HMO is reorganized or liquidated may depend on state law, federal bankruptcy law, or a combination of both.

The Government's Best Offense Is Deference: The Decision of the Supreme Court in Shalala v. Guernsey Memorial Hospital 
Author: Robert L. Roth

The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles.  According to the sharp dissent in this care, this policy, set forth in a manual provision, contradicts federal regulations.

The False Claims Act: An Old Weapon with New Firepower Is Aimed at Health Care Fraud Author:David J. Ryan

The ancestors of the wild west bounty hunters have found a new group of targets in the health profession.  Armed with a qui tam action and the tenacity to work with the government, purveyors of false claims information can reap hefty financial rewards.

The Case of Baby K: Exploring the Concept of Medical Futility 
 Author: Mark A. Bonanno

Medical futility is a term with no particular definition or parameters.  The case of Baby K pitted the family of an anencephalic child against the medical institution over the meaning of medical futility.

Comparative Health Law Articles

Nursing, Employment, and Resource Allocation in a Reorganized National Health Service 
Author: Stephen L. Heasell

Economic issues abound in the National Health Service, and it would appear that nurse practitioners promote economic efficiency.  However, the NHS does not operate in a purely rational economic manner.  The use of nurse practitioners may need an economic justification in the NHS environment.

Nursing Legal Issues in Australia:  The Nurse Practitioner 
Author: Suzie Linder-Laufer

The concept of a nurse practitioner in Australia may not be new, but it certainly is not embraced by all members of the medical profession.  Changes must be made to accommodate this profession.

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