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New Developments in Hospital Law

Published online by Cambridge University Press:  01 January 2021

Francis H. Miller
Francis H. Miller*
Affiliation:
Boston University School of Law
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Information
Medicolegal News , Volume 2 , Issue 1 , January 1974 , pp. 1 - 4
Copyright
Copyright © American Society of Law, Medicine and Ethics 1974

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References

Footnotes

1. 42 U.S.C. §291 et seq

2. U.S.C. § 291c (e )

3. The legislative history of the Act suggests that the section requiring a reasonable volume of uncompensated services was offered as an alternative to a section which would have Included, inter alla & a national health Insurance program. See Rose, Marilyn; The Duty of Publicly Funded Hospitals to Provide Services to the Medically Indigent,” Feb. 1970 Clearinghouse Review, 281.

4. The former 42 C.F.R. §53.111 (b), which simply provided: “in determining what constitutes a reasonable volume of services to persons unable to pay therefor, there shall be considered conditions in the area to be served by the applicant, including the amount of services that may be avallable otherwise than through the applicant.“

5. Johnson v. Storemont Gen. Hosp., No. T-5154 (D. Kan. 1972); Corum v. Beth lsrael Hosp., No., 72 Clv 2654 (S. D. N.Y. 1972) United Appalachian Poor People v Webster Hosp. No. 71-207 (S.D. W. Va. 1971); Perry v. Greater Southeast Washington Community Hosp., No. 72871 (0. D.C. 1971); Organized Migrants in Community Action v. James Archer Smith Hosp., No. 70-1794 (S.D. Fla. 1970); Euresti v. Stenner, No. c-2462 (D. Colo. 1970); and Cook v. Ochsner Foundation Hosp., No. 70-1969 (E.D. La. 1970).

6. 37 F.R. 75 (1972)

7. 37 F.R. 142 (1972)

8. 38 F.R. 18353 (1973)

9. 42 C.F.R. 553.111