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Michael Bagge

Syracuse L. Rev., Vol.50 pp.699-1317, 2000

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  • Título:
  • Autor: Michael Bagge
  • Assuntos: Incontestability; Straightforward; Rehabilitation; Instinctively; Discretionary; Jurisprudence; Professional; Complication; Satisfaction; Restrictions; Administrative Law; Business & Corporate Law; Civil Procedure; Criminal Law & Procedure; Education Law; Environmental Law; Governments; Healthcare Law; Insurance Law; Labor & Employment Law; Pensions & Benefits Law; Public Health & Welfare Law; Torts
  • É parte de: Syracuse L. Rev., Vol.50 pp.699-1317, 2000
  • Descrição: ... This Survey year's developments in health law jurisprudence by the Court of Appeals have provided further evidence of consistent judicial deference to the discretionary authority of government in providing various health benefits to individuals. ... While the Court in Mental Hygiene Legal Services v. Ford based its decision on the existence of a medical judgment to dispense with the need for a pre-transfer hearing, in Kuppersmith the fact that home care services eligibility was more than purely a medical determination sufficed to vest the administrative agency with decision-making authority and to ban the expression of medical opinion by the treating physician. ... Although Murphy v. Office of Vocational and Educational Services explicitly discussed the tension between the individual claimant and the limited funding available for publicly-funded health care, it is not difficult to discern that the fiscal implications which produced this peculiar regulation curtailing the content of communications by a treating physician also provoked the plaintiff's challenge and the Court's adherence to administrative discretion. ... Finally, the Court summarily rejected the claim that there should be an equitable limitation judicially imposed; the Medicaid agency is, after all, only trying to recover public moneys which have been previously expended to secure health care for the beneficiary who now has the resources to pay for their own care. ...  
  • Idioma: Inglês

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