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Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

Harvard Law & Medicine Society
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Type
Recent Developments in Health Law
Information
Journal of Law, Medicine & Ethics , Volume 21 , Issue 3-4 , Fall Winter 1993 , pp. 394 - 401
Copyright
Copyright © American Society of Law, Medicine and Ethics 1993

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References

References

See United States General Accounting Office, Practice Guidelines: The Experience of Medical Specialty Societies, GAO/PEMD-91-11 (February 1991) (“GAO Report”).Google Scholar
A synonym for practice guidelines is practice parameters. This piece will use the terms interchangeably.Google Scholar
See National Health Lawyers Association, American Health Security Act of 1993: Summary Outline and Selected Analysis (October 1993).Google Scholar
Florida, Maine, Maryland, Minnesota and Vermont.Google Scholar
Michigan and North Carolina.Google Scholar
GAO Report, at 11.Google Scholar
Accord, GAO Report, at 22.Google Scholar
See Me. Rev. Stat. § 2972 et seq.Google Scholar
Me. Rev. Stat. § 2972(2)(A)-(D).Google Scholar
Me. Rev. Stat. § 2973.Google Scholar
Me. Rev. Stat. § 2975(1), (4).Google Scholar
Me. Rev. Stat. § 2975(2).Google Scholar
Me. Rev. Stat. § 2975(1).Google Scholar
Fl. Stat § 408.02 as amended by 1993 Fl. Laws ch. 129 §36.Google Scholar
Fl. Stat. § 408.02.Google Scholar
Fl. Stat. § 408.02(9)(a), (b).Google Scholar
Fl. Stat. § 408.02(5).Google Scholar
Fl. Stat. § 408.02(9)(e).Google Scholar
See American Medical News, October 4, 1993 at 31.Google Scholar
See 18 Vt. Stat. Ann. § 7001 et seq.Google Scholar
See 18 Vt. Stat. Ann § 7003(a).Google Scholar
Id.Google Scholar
18 Vt. Stat. Ann. § 7003(b)Google Scholar
18 Vt. Stat. Ann. § 7002(a).Google Scholar
18 Vt. Stat. Ann. § 7005(b). The decision by the arbitration panel is admissible in the jury trial, but the Vermont Supreme Court is to establish guidelines to ensure that the panel's decision does not create unfair prejudice to the party's right to a trial by jury.Google Scholar
18 Vt. Stat. Ann. § 7003(b).Google Scholar
See 18 Vt. Stat. Ann. § 7003(b).Google Scholar
Minn. Stat. § 62J.04.Google Scholar
See Minn. Stat. § 62J.04(3)(7).Google Scholar
See American Medical News, October 4,1993, at 31.Google Scholar
American Medical News, October 4,1993, at 30.Google Scholar
Md. Health-General Code ann. § 19–1601 et seq.Google Scholar
Md. Health-General Code Ann. § 19–1604, 19–1605.Google Scholar
Md. Health-General Code Ann. 19–1606(a), (b).Google Scholar
Md. Health-General Code Ann. § 19–1606(e).Google Scholar
Md. Health-General Code Ann. § 19–1602(b).Google Scholar
See e.g., State legislator Connie Wilson's proposal in North Carolina, in American Medial News, October 4,1993, at 1.Google Scholar
See National Health Lawyers Association, American Health Security Act of 1993: Summary Outline and Selected Analysis (October 1993).Google Scholar

References

Rothschild, Barbara, “ACLU Sues Dentist it Says Refused HIV-Positive Patient,” Gannett News Service, May 18, 1993; Peller, Ruth, “Suit Claims HIV Status Ended Care; Man with Virus says Dentists Refused Him,” Houston Chronicle, Feb. 24, 93, at A13; Fuentes v. Reich, AIDS Law & Litigation Reporter, Mar./Apr. 1992, at 15–16.Google Scholar
Bell, David M., Human Immunodeficiency Virus Transmission in Health Care Settings and Risk Reduction, 91 (S3B) Am.J.Med. 3B-294S, 294S – 295S (1991).CrossRefGoogle ScholarPubMed
Amendment No. 781 to H.R.2622, Treasury, Postal Service, Executive Office of the President and Independent Agencies Appropriations Act, Fiscal Year 1992, 102d Cong. 1st Sess. (1991).Google Scholar
808 P.2d 1276 (Haw. 1991).Google Scholar
Staff, AIDS tests struck, National Law Journal, 10/25/93, at 6.Google Scholar
29 U.S.C. § 794 (1988).Google Scholar
Glanz v. Vernick, 756 F.Supp. 632 (D.Mass. 1991).Google Scholar
Id. at 636.Google Scholar
Id. at 638.Google Scholar
491 N.W.2d 662 (Minn.App. 1992).Google Scholar
Boffey, Philip M., “Doctors Who Shun AIDS Patients are Assailed by Surgeon General,” N.Y.Times, Sept. 19, 1987, at A1.Google Scholar
Carparts Distribution Center, Inc. et al. v. Automotive Wholesaler's Association of New England (AWANE) et al., 1993 U.S. Dist. LEXIS 9895 (7/19/93).Google Scholar
Westhoven v. State of Indiana Civil Rights Commission v. Lincoln Foodservice Products, Inc., 1993 Ind.App. LEXIS 985 (7/6/93).Google Scholar
See note 12 supra.Google Scholar
Staff, “Union Local Sued for Limiting Coverage to Member who Died of AIDS,” United Press International, 3/17/93.Google Scholar
Knox, Richard A., “U.S. Rejects Oregon Health Care Plan,” Boston Globe, Sept. 4, 1992, at 3.Google Scholar
Staff, “Health Care: Oregon request for Medicaid Waiver Approved by HHS with Conditions,” BNA Daily Report for Executives, Mar. 22, 1993 at 53.Google Scholar
Staff, “EEOC Sues Health Plan for Violating Disabilities Act,” Liability Week, June 14, 1993, 8:24; Freudenheim, Milt,“Patients cite bias in AIDS Coverage by Health Plans,” N.Y. Times, June 1, 1993 at A1.Google Scholar
Staff, “Cutting Benefits Violates the ADA, EEOC Director Finds,” BNA 20:7, Feb. 15, 1993 at 422.Google Scholar
Staff, “N.Y. Welfare Fund Seeks Court Order to Kill EEOC AIDS Bias Ruling Under ADA,” BNA Pensions & Benefits Daily, Mar. 8, 1993; Staff, “Suit Seeks to Exclude AIDS Health Coverage,” Natl. L.J., Mar. 15, 1993 at 6.Google Scholar
Mendels, Pamela, “Feds Sue Health Plan over AIDS Coverage,” Newsday, June 10, 1993, at 47.Google Scholar
Neugarten, Joel, “The Americans with Disabilities Act: Magic Bullet or Band-Aid for Patients and Health Care Workers Infected with the Human Immunodeficiency Virus?” 57 Brooklyn L.Rev. 1277, 1341 (1992).Google Scholar
Goodman v. United States, 2 F.3d 291 (8th Cir. 1993).Google Scholar
Id.Google Scholar
Id. at 292.Google Scholar
Matter of Yemmanur, 447 N.W. 2d 525, 538 n.3 (S.D. 1989), cited in 2 F.3d at 292.Google Scholar
Coon v. Nicola 17 Cal.App.4th 1225, 21 Cal. Rptr. 2d 846 (Cal. Ct. App. 1993).Google Scholar
Cal. Civ. Proc. Code section 1295.Google Scholar
Coon v. Nicola 17 Cal.App.4th 1225, 1230, 21 Cal.Rptr.2d 846, 848.Google Scholar
Id. at 1232.Google Scholar
1993 Health Security Act, draft, September 7, 1993.Google Scholar
Daniel Thor v. Superior Court of Solano County, 1993 LEXIS 3430.Google Scholar