27 found
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  1.  10
    Mark A. Hall (1997). Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms. Oxford University Press.
    This book explores the making of health care rationing decisions through the analysis of three alternative decision makers: patients paying out of pocket; officials setting limits on treatments and coverage; and physicians at the bedside. Hall develops this analysis along three dimensions: political economics, ethics, and law. The economic dimension addresses the practical feasibility of each method. The ethical dimension discusses the moral aspects of these methods, while the legal dimension traces the most recent developments in jurisprudence and health law.
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  2.  3
    Mark A. Hall (2005). The Importance of Trust for Ethics, Law, and Public Policy. Cambridge Quarterly of Healthcare Ethics 14 (2):156-167.
    The importance of preserving trust in physicians and in medical institutions has received widespread attention in recent years. Primarily, this is due to the threats to trust posed by managed care, but there is a general and growing recognition that trust deserves more attention than it traditionally has received in all aspects of medical ethics, law, and public policy. Trust has both intrinsic and instrumental value. Trust is intrinsically important because it is a core characteristic that affects the emotional and (...)
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  3.  6
    Mark A. Hall (2003). The Scope and Limits of Public Health Law. Perspectives in Biology and Medicine 46 (3x):S199-S209.
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  4. Mark A. Hall (2009). The Constitutionality of Mandates to Purchase Health Insurance. Journal of Law, Medicine and Ethics 37:38-50.
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  5.  6
    Mark A. Hall (2009). The Constitutionality of Mandates to Purchase Health Insurance. Journal of Law, Medicine & Ethics 37 (s2):38-50.
    Health insurance mandates have been a component of many recent health care reform proposals. Because a federal requirement that individuals transfer money to a private party is unprecedented, a number of legal issues must be examined. This paper analyzes whether Congress can legislate a health insurance mandate and the potential legal challenges that might arise, given such a mandate. The analysis of legal challenges to health insurance mandates applies to federal individual mandates, but can also apply to a federal mandate (...)
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  6.  2
    Mark A. Hall & Jacob Perrin (2015). Irregular Migrant Access to Care: Mapping Public Policy Rationales. Public Health Ethics 8 (2):130-138.
    Both the USA and Europe limit access to care by undocumented immigrants. In the debate over what level of access to confer to IMs, there are various public policy rationales operating either explicitly, or below the surface, ranging from minimalist humanitarianism to full cosmopolitan equality, with several intermediate positions between these two poles. This article informs the international debate by providing a conceptual mapping of these underlying policy rationales. Each position is based on different lines of reasoning or bodies of (...)
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  7.  2
    Kevin P. Weinfurt, Joëlle Y. Friedman, Michaela A. Dinan, Jennifer S. Allsbrook, Mark A. Hall, Jatinder K. Dhillon & Jeremy Sugarman (2006). Disclosing Conflicts of Interest in Clinical Research: Views of Institutional Review Boards, Conflict of Interest Committees, and Investigators. Journal of Law, Medicine & Ethics 34 (3):581-591.
    Strategies for disclosing investigators' financial interests to potential research participants have been adopted by many research institutions. However, little is known about how decisions are made regarding disclosures of financial interests to potential research participants, including what is disclosed and the rationale for making these determinations. We sought to understand the attitudes, beliefs, and practices of institutional review board chairs, conflict of interest committee chairs, and investigators regarding disclosure of financial interests to potential research participants. Several themes emerged, including general (...)
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  8.  3
    Mark A. Hall (1989). The Malpractice Standard Under Health Care Cost Containment. Journal of Law, Medicine & Ethics 17 (4):347-355.
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  9.  3
    Mark A. Hall & Stephen S. Rich (2000). Genetic Privacy Laws and Patients' Fear of Discrimination by Health Insurers: The View From Genetic Counselors. Journal of Law, Medicine & Ethics 28 (3):245-257.
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  10.  6
    Nancy Berlinger, Pauline W. Chen, Rebecca Dresser, Nancy Neveloff Dubler, Anne Lederman Flamm, Susan Gilbert, Mark A. Hall & Lisa H. Harris (forthcoming). Elizabeth Mitchell Armstrong is Asso. Hastings Center Report.
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  11.  1
    Mark A. Hall (2012). The Affordable Care Act Survives, for Now. Hastings Center Report 42 (5):12-14.
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  12.  11
    Mark A. Hall (2011). Constitutional Challenges to Compulsory Insurance: A Guide Through the Gauntlet. Hastings Center Report 41 (2):14-15.
    Health care reform is being assaulted from all sides. In January, the House of Representatives voted to repeal The Patient Protection and Affordable Care Act (the "Affordable Care Act"). For now, that effort will not succeed, owing to Democratic control of the Senate and the presidential veto. But conservative lawmakers in the House threaten to withhold key funding for implementation, and we can expect ongoing efforts to enact various partial amendments.Meanwhile, a core component of the reform law is running the (...)
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  13.  10
    Mark A. Hall (1994). The Problems with Rule-Based Rationing. Journal of Medicine and Philosophy 19 (4):315-332.
    Centralized, democratic rules are often asserted as a superior basis for rationing than individualized physician discretion. This article counters this prevailing wisdom by exploring the deficiencies of rule-based rationing. Rules are too imprecise to accurately reflect all the nuances of physical and mental impairment and the complexity of medical science, particularly considering the widely varying personal values that different patients attach to medical risk and benefit. Rule-based rationing also suffers from the biasing effects of interest group pressure on political processes (...)
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  14.  3
    Daniel Callahan, Lydia S. Dugdale & Mark A. Hall (forthcoming). Adrienne M. Martin is Assistant. Hastings Center Report.
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  15.  8
    Mark A. Hall (2009). After Insurance Reform: An Adequate Safety Net Can Bring Us to Universal Coverage. Hastings Center Report 39 (6):9-10.
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  16.  1
    Mark A. Hall & Amy B. Monahan (2010). Paying for Individual Health Insurance Through Tax-Sheltered Cafeteria Plans. Inquiry 47 (3):252-261.
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  17.  1
    Mark A. Hall (1994). The Ethics of Health Care Rationing. Public Affairs Quarterly 8 (1):33-50.
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  18.  1
    Michael A. Flatt & Mark A. Hall (forthcoming). Timothy Stoltzfus Jost Holds The. Hastings Center Report.
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  19.  3
    Mark A. Hall (2011). The Sausage-Making of Insurance Reform. Hastings Center Report 41 (1):9-10.
    As politicians revisit the merits of health insurance reform and courts deliberate its constitutionality, government regulators are busily working on the wonky details of implementation. The Affordable Care Act leaves vast swaths of regulation for various agencies to prescribe, most notably the Department of Health and Human Services. Infamously (or perhaps apocryphally, since I'm certainly not going to bother counting), the statute contains more than a thousand commands to the effect of, "the Secretary shall decide." This massive delegation of authority (...)
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  20.  1
    Mark A. Hall (2013). There Oughta Be a Law. Hastings Center Report 43 (4):7-8.
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  21. Mark A. Hall (2013). Board of the Kings: The Material Culture of Playtime in Scotland AD 1–1600. In Matthias Teichert (ed.), Sport Und Spiel Bei den Germanen: Nordeuropa von der Römischen Kaiserzeit Bis Zum Mittelalter. De Gruyter 163-196.
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  22. Mark A. Hall & Stephen S. Rich (2000). Genetic Privacy Laws and Patients' Fear of Discrimination by Health Insurers: The View From Genetic Counselors. Journal of Law, Medicine and Ethics 28 (3):245-257.
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  23. Mark A. Hall (2015). Justice Roberts Gets It. Hastings Center Report 45 (5):7-8.
    Opponents of the Affordable Care Act have attempted to topple it in court by challenging the legality of two of its three legs. Three years ago, in NFIB v. Sibelius, Chief Justice Roberts narrowly upheld the constitutionality of the individual mandate, in a 5-to-4 decision that characterized the mandate as an optional tax rather than as a regulatory command. This year, on June 25, the health policy community exhaled a giant sigh of relief when the Supreme Court upheld the subsidy (...)
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  24. Mark A. Hall (forthcoming). Policy and Politics: The Sausage-Making of Insurance Reform. Hastings Center Report.
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  25. Mark A. Hall (2008). The HIPAA Headache. Hastings Center Report 38 (1):7.
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  26. Mark A. Hall (1989). The Malpractice Standard Under Health Care Cost Containment. Journal of Law, Medicine and Ethics 17 (4):347-355.
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  27. Kevin P. Weinfurt, Joëlle Y. Friedman, Michaela A. Dinan, Jennifer S. Allsbrook, Mark A. Hall, Jatinder K. Dhillon & Jeremy Sugarman (2006). Disclosing Conflicts of Interest in Clinical Research: Views of Institutional Review Boards, Conflict of Interest Committees, and Investigators. Journal of Law, Medicine and Ethics 34 (3):581-591.
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