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Recent Developments in Health Law

Published online by Cambridge University Press:  29 April 2021

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Copyright © American Society of Law, Medicine and Ethics 1992

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References

References

“Clinton Lifts Bans Meant to Curb Abortions,” New York Times, Jan. 24, 1993, at sec. 44.Google Scholar
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S. 1, 193rd Cong., 1st Sess. (1993).Google Scholar
Pending bills basically mirror H.R. 2057 which President Bush had vetoed in June, 1992, but exclude provisions which are made moot by President Clinton's lifting of the ban.Google Scholar
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(All statutes from general provisions unless explicitly listed otherwise) AZ §36–2302; AK §20-17-802; CA. Health & Safety Code §25956; FL §390.001; IL ch 38 par. 81–26; Ind. §35-1-58.5–6; LA 14:87.2; ME 22 MRS §1593; MA ch 112 §12J; MI §333.2685–89; MO §188.036; ND §14.02 1–08; NM §24–9A-3; NV; PA 18 Pa.C.S. §3216; RI §11-54-1; TN §39-15-208.Google Scholar
See MO; ND; and PA.Google Scholar
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In Lifchez v. Hartigan, 735 F.Supp. 1361 (N.D. Ill. 1990) the court held a statute unconstitutionally vague due to the words “therapeutic” and “experimentation.” But, in Jane L. v. Bangerter, 1992 U.S. Dist. Lexis 7529 (C.D. Utah 1992) the court upheld a statute despite the charge of being unconstitutionally vague for using the word “experimentation.”Google Scholar
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References

Wilson v. Blue Cross of Southern California, Case No. C-476, 997, Los Angeles County (Central) Court (Apr. 6, 1992).Google Scholar
Concurrent review involves monitoring and reviewing the treatment authorized by the attending physician to determine whether the prescribed treatment is medically necessary. If the review entity decides that the treatment is not warranted, then coverage is usually terminated. Giner, David D., Note, “Paying the Piper: Third Party Liability for Medical Treatment Decisions,” 15 Go. L. Rev. 861, 883–81 (1990).Google Scholar
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Wickline, 239 Cal. Rptr. at 810. An appeals process was explicitly provided for in Wickline. An attending physician could state his opposition to a finding that care was not medically necessary.Google Scholar
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References

McGann v. H & H Music Co., 946 F.2d 401 (5th Cir. 1991).Google Scholar
Greenberg v. H & H Music Co., 113 S. Ct. 482 (1992). Greenberg is the executor of John McGann's estate and brought this suit on behalf of his estate.Google Scholar
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References

Cooper, Richard M. et al., “History of Health Claims Regulation,” Food Drug Cosm. L.J. 45 (1990) 655, 657.Google Scholar
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Final Rule, supra note 9, at 2478. Implied health claims include those statements (e.g., a brand name including a term such as “heart”), symbols (e.g., a heart symbol), vignettes or other forms of communication that a manufacturer intends, or would be likely to assert a direct beneficial relationship between the presence or level of any substance in the food and a health or disease-related condition.Google Scholar
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This discussion assumes that oat bran is a valid health claim under the proposed regulations. Presently, the relationship between oat bran and cancer was specifically rejected by the FDA. Consequently, in this example, the potato chip company would first need to petition the FDA and present significant scientific evidence to meet the validity requirements. Only after the FDA accepted the petition and published the health claim in the Federal Register could the potato chip company begin to utilize such a health claim.Google Scholar
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References

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References

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Navarro, Mareya, “New Definition of AIDS Arrives, Bringing New Concerns'” New York Times, Jan. 6, 1993, sec. B 3.Google Scholar
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“Doctors Are Advised to Screen Women For Abuse,” New York Times, June 17, 1992, sec A 26.Google Scholar
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Davis v, Davis, 1992 Tenn. Lexis 400 (Tenn. S. Ct. June 1, 1991).Google Scholar
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Stiver v. Parker, et al., 975 F.2d 261 (6th Cir. 1992).Google Scholar
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References

New York Anti-Referral Law, 1992. N.Y. Laws Ch. 803; Pub. Health Law §§ 238(a)-(e), 585–88.Google Scholar
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Reference

1992 Cal. A.B. 532 (enacted as Cal. Welf. & Inst. Code §§ 14088.85, 14113.85).Google Scholar