Coughing up the cash: should Medicaid provide for independent state recovery against third-party tortfeasors such as the tobacco industry?
Article Abstract:
The Medical Care Recovery Act implicitly permits the government to obtain independent recovery from third-party tortfeasors such as the tobacco industry. The legislative history of the Social Security Act shows Congress's deep interest in increasing states' ways of obtaining financing recovery, though it does not specify states' ability to obtain remimbursement independently from third-party tortfeasors. The two laws share both purpose and statutory language. The courts have recognized the laws' purpose and tortfeasors may help shore up Medicaid's precarious finances.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1996
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Protecting children from lead-based paint poisoning: should landlords bear the burden?
Article Abstract:
Exposing people to lead-based paint has been recognized as a key public health problem. Although the use of such paint was banned in 1978, much housing, especially in the inner city, remains painted this way. Since the cost of removing all lead-based paint would be prohibitive, more cost-effective ways of minimizing the risks posed must be found. Landlords should have a duty to inform tenants of known risks and to engage in cost-effective abatement, and tenants should have a duty to take reasonable precautions.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1995
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Environmental tobacco smoke and its effect on children: controlling smoking in the home
Article Abstract:
State laws protecting children from exposure to secondhand smoke in the home will not survive the strict scrutiny triggered by family privacy, but states may be able to enforce home safety standards for children by classifying smoke exposure as maltreatment under the Child Abuse Prevention and Treatment Act (CAPTA). Analogous smoke-free office and prison policies and lead-free paint regulations should bolster attempts to use CAPTA to protect children from smoking family members.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1992
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