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Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

Anne Clark Pierson ,
Stirling Newberry  and
(Sally) Wang Wang
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Journal of Law, Medicine & Ethics , Volume 38 , Issue 4 , Winter 2010 , pp. 875 - 882
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Copyright © American Society of Law, Medicine and Ethics 2010

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References

References

Scheduling Order, Sherley v. Sebelius, No. 10–5287 (D.C.Cir. September 30, 2010).Google Scholar
Scheduling Order, Sherley v. Sebelius, (D.D.C. October 5, 2010).Google Scholar
NIH Statement Regarding Stay of Stem Cell Injunction, available at <http://www.nih.gov/news/09102010_stem-cell_statement.htm> (last visited October 7, 2010).+(last+visited+October+7,+2010).>Google Scholar
Id.Google Scholar
Removing Barriers to Responsible Scientific Research Involving Human Stem Cells, 74 Fed. Reg. 10667 (March 9, 2009).Google Scholar
Id., at 10667.Google Scholar
National Institutes of Health Guidelines for Human Stem Cell Research, 74 Fed. Reg. 32170, 32174–75 (July 7, 2009).Google Scholar
Id., at 32175.Google Scholar
Id., at 32175.Google Scholar
Id., at 32175.Google Scholar
National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells, 65 Fed. Reg. 51975, 51979–80 (August 25, 2000).Google Scholar
Id., at 51980.Google Scholar
Id., at 51980.Google Scholar
Sherley v. Sebelius, 686 F. Supp. 2d 1 (D.D.C. 2009).Google Scholar
Id., at 7.Google Scholar
Sherley v. Sebelius, 610 F.3d 69, 74–75 (D.C.Cir. 2010).Google Scholar
Id., at 72.Google Scholar
Id., at 72 (citing Shays v. FEC, 414 F. 3d 76, 87 (D.C.Cir 2005)).Google Scholar
Id., at 73.Google Scholar
Id., at 74.Google Scholar
Id., at 74 (quoting Shays, 414 F. 3d at 83).Google Scholar
704 F. Supp. 2d 63, 67 (D.D.C. 2010) (quoting Pub.L. No. 104–99, § 128, 110 Stat. 26, 43 (1996)).Google Scholar
610 F. 3d at 75.Google Scholar
704 F. Supp. 2d at 71.Google Scholar
Id., at 72–73.Google Scholar
Order Granting Administrative Stay, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 9, 2010); Order Granting Stay Pending Appeal, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 28, 2010).Google Scholar
Cohen, G., “On the Stem Cell Injunction,” Concurring Opinions, available at <http://www.concurringopinions.com/archives/2010/08/on-the-stem-cell-injunction.html> (last visited October 9, 2010); Cobell v. Norton, 455 F.3d 317 (D.C.Cir. 2006).+(last+visited+October+9,+2010);+Cobell+v.+Norton,+455+F.3d+317+(D.C.Cir.+2006).>Google Scholar
704 F. Supp. 2d at 70–71; Pub.L. No. 104–99, § 128, 110 Stat. 26, 43 (1996).Google Scholar
Defendants' Emergency Motion to Stay Pending Appeal at 3, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. September 8, 2010).Google Scholar
Id., at 2.Google Scholar
H.R. Rep. No. 111–220, at 273 (July 22, 2009); see also S. Rep. No. 111–66, at 121–22 (Aug. 4, 2009).Google Scholar
See Order Granting Administrative Stay, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 9, 2010); see alsos Order Granting Stay Pending Appeal, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 28, 2010).Google Scholar
Pollack, A., “Stem Cell Trial Wins Approval by F.D.A.,” New York Times, July 30, 2010.Google Scholar
Id.Google Scholar

References

Thomas More Law Ctr. v. Obama, U.S. Dist. LEXIS 107416 (E.D. Mich. 2010).Google Scholar
Internal Revenue Code, 26 U.S.C. §7421(a) (2010).Google Scholar
HealthCare.gov website, “Provisions of the Affordable Care Act, by Year,” available at <http://www.healthcare.gov/law/about/order/byyear.html#2010> (last visited October 15, 2010).+(last+visited+October+15,+2010).>Google Scholar
“OCIIO Sub-Regulatory Guidance (OCIIO 2010 - 1): Process for Obtaining Waivers of the Annual Limits Requirements of PHS Act Section 2711,” HHS Office of Consumer Information and Insurance Oversight, available through <http://www.hhs.gov> (last visited October 15, 2010).+(last+visited+October+15,+2010).>Google Scholar
Rhode Island Office of Health Insurance Commissioner “Rate Decisions Announced for Expanded Benefits Under Health Reform and BCBSRI Medicare Supplemental Insurance,” available through <http://www.ohic.ri.gov> (last visited October 15, 2010).+(last+visited+October+15,+2010).>Google Scholar
New York State Insurance Commission, “Prior Approval - Health Rate Changes - Public Comments,” available at <http://www.ins.state.ny.us/health> (access restricted).+(access+restricted).>Google Scholar
HHS Office of Consumer Information and Insurance Oversight, available at <http://www.hhs.gov> (last visited October 15, 2010).+(last+visited+October+15,+2010).>Google Scholar
Office of Consumer Information and Insurance Oversight, “Approved Applications for Waiver of the Annual Limits Requirements of the PHS Act Section 2711 as of September 30, 2010” (Mr. Angoff has stated that waivers can be approved in “as little as 48 hours.”)Google Scholar
Id.Google Scholar
Adamy, J., “McDonald's May Drop Health Plan,” Wall Street Journal, September 30, 2010.Google Scholar
Bureau of Labor Statistics, “Characteristics of Minimum Wage Workers: 2009,” March 15, 2010.Google Scholar
Chelan, D., “Affordable Healthcare,” Smart Business, November, 2007, available through <http://www.sbnonline.com> (last visited October 15, 2010).+(last+visited+October+15,+2010).>Google Scholar
Id.Google Scholar
Postal, A. D., “Agents Seeking to Protect Commissions in MLR Debate,” National Underwriter, October 10, 2010 (which also covered the argument that commissions transferred to third parties should not be counted as administrative cost.)Google Scholar
Goodwin, L., “Senator Probing ‘Mini-Med’ Insurance Plans,” The Upshot, October 1, 2010. (During the hearings Senator Rockefeller stated to the BCS representative: “Your company is apparently spending a significantly lower percentage of McDonald's employees” health care premiums on their medical care than the benchmarks established in ACA. If this is the case, McDonald's hourly wage workers are setting aside portions of their paychecks for an insurance product that may not be providing them a good value.” “In addition to spending an insufficient portion of their premium dollars on medical care, the products BCS is selling to McDonald's employees are not likely to protect them against the costs of a major health care episode. The $2,000 maximum annual coverage you apparently offer in your McDonald's ‘Basic Plan’ would not come close to covering the costs of hospital emergency services or the delivery of a child.”)Google Scholar
E.g., Abelson, R., “Waivers Aim at Talk of Dropping Health Coverage,” New York Times, October 6, 2010.Google Scholar
“Serving While Sick: High Risks and Low Benefits for the Nation's Restaurant Workforce, and Their Impact on the Consumer,” Restaurant Opportunities Centers United, September 30, 2010.Google Scholar
Statement on the application of medical loss ratio standards to certain health plans under the Affordable Care Act, September 30, 2010.Google Scholar
HHS Office of Consumer Information and Insurance Oversight, available at <http://www.hhs.gov> (last visited October 15, 2010).+(last+visited+October+15,+2010).>Google Scholar
Thomas More Law Ctr. v. Obama, U.S. Dist. LEXIS 107416 (E.D. Mich. 2010).Google Scholar
Arrow, K., Essays in the Theory of Risk-Bearing (Chicago: Markham, 1971).Google Scholar
E.g., Kharroubi, E. and Vidon, E., “Liquidity, Moral Hazard, and Interbank Market Collapse,” International Journal of Central Banking 5, no. 4 (2009): 51–86.Google Scholar
Rhode Island Office of Health Insurance Commissioner “Rate Decisions Announced for Expanded Benefits Under Health Reform and BCBSRI Medicare Supplemental Insurance,” available through <http://www.ohic.ri.gov> (last visited October 15, 2010); New York State Insurance Commission, “Prior Approval - Health Rate Changes - Public Comments,” available through <http://www.ins.state.ny.us/health> (access restricted).+(last+visited+October+15,+2010);+New+York+State+Insurance+Commission,+“Prior+Approval+-+Health+Rate+Changes+-+Public+Comments,”+available+through++(access+restricted).>Google Scholar