In gestational surrogacies, all parties must bear risk; a child genetically related to both parents can be born to a surrogate, raising myriad legal issues governed by nascent statutes
Article Abstract:
Parties to gestational surrogacy arrangements should proceed with care until consistent legal principles emerge from the public debate on the issue. State surrogacy laws are not uniform but laws tend to prohibits surrogacy arrangements or make them conditional. While a few state have banned surrogacy outright, some states only forbid those arrangements which include payment. A few legislatures have validated surrogacy and in California and New Jersey, law on the issue has come from the courts. Usually, parties to gestational surrogacies choose less regulated jurisdictions, particularly when payment is involved. Compensation will often be the key issue.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Hospitals in code-blue catch-22: like a pair of forceps, federal legislation and HMO demands put the squeeze on providers in their handling of emergency-care patients
Article Abstract:
Hospitals are caught between federal requirements under COBRA mandating certain procedures for emergency payments, and Health Maintenance Organizations (HMOs) that insist on control of patient treatment. Often HMOs refuse to pay for what they consider improper emergency treatment, or when their requests that a patient be transferred or released are not honored. Hospitals that comply may face government sanctions costing millions, or lawsuits from patients who are barred from suing the HMO. Bills in Congress may change this.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Bankruptcy law; HMOs as debtors
Article Abstract:
Health maintenance organizations (HMOs) and health plans are among the entities in the industry most at financial risk, and the causes of HMOs' financial problems are many, including a 3% decline in the percentage of employees enrolled in such organizations in 1998. The federal government is the single biggest payor in the health care system, and lower Medicare reimbursement rates would mean a decrease in HMOs' financial viability.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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