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Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

David S. Kaplan ,
Karen Michele Bradshaw ,
R.W.G. ,
M.D.G. ,
T.M.R. ,
S.S.Y.  and
M.A.C.
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Type
Recent Developments in Health Law
Information
Journal of Law, Medicine & Ethics , Volume 25 , Issue 2-3 , Summer Fall 1997 , pp. 213 - 225
Copyright
Copyright © American Society of Law, Medicine and Ethics 1997

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References

References

See Kahn, J.P., “Scalpel, Please,” Boston Globe, Feb. 1, 1996, at 57.Google Scholar
In an article attacking gag clauses as illegal and unethical, one commentator compared HMO limitations on physician speech to the actions of Romanian dictator Nicolae Ceausescu, who forbade doctors from advising patients about birth control and the use of condoms to prevent the spread of HIV See Martin, J.A. and Bjerknes, L.K., “The Legal and Ethical Implications of Gag Clauses in Physician Contracts,” American Journal of Law & Medicine, 22 (1996): At 433.Google Scholar
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Delaware and Rhode Island have anti-gag laws modeled on the Massachusetts law. See 18 Del. Code Ann. tit. 3339, § 6408 (1996); and R.I. Gen. Laws § 23-17.13-3(c)(5) (1996).Google Scholar
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Ill. H.B. 333 (1997).Google Scholar
Id. at § 15(d).Google Scholar
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Ala. H.B. 314 (1997).Google Scholar
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N.Y. A.B. 8602 (1997).Google Scholar
Id. at § 5.Google Scholar
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Id. at § 56-7-2349(c).Google Scholar
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Fla. S.B. 348, § 2 (1997).Google Scholar
See Precious, T., “Lawmakers Target HMOs’ Gag Rules,” Times Union, Jan. 30, 1996, at B2.Google Scholar
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See Hartnett-Barry, , supra note 4.Google Scholar
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See N.H. Rev. Stat. Ann. § 420-A:8-aII (Michie 1996).Google Scholar
See N.Y. A.B. 8602, § 5 (1997).Google Scholar
See Cal. Bus. & Prof. Code § 2056.1(b) (West 1996).Google Scholar
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See N.Y. A.B. 8602, § 5 (1997).Google Scholar
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References

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Compare Hanlester Network v. Shalala, 51 F.3d 1390 (9th Cir. 1995) (finding the scienter requirement of Anti-Kickback Statute to require that the violator must (a) know that the statute prohibits the activity, and (b) act with specific intent to break the law) with U.S. v. Jain, 93 F.3d 436 (8th Cir. 1996) (upholding trial court's jury instructions defining “the word ‘willfully’ [to] mean … unjustifiably and wrongfully, known to be such by the defendant…”).Google Scholar
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62 Fed. Reg. 7350-01 (Feb. 19, 1997). This rule, established in accordance with section 205 of HIPAA, creates a new part 1008 in 42 C.F.R. chapter V.Google Scholar
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