Andrew J Fichter

Can Health Care Law Survive High Court Review?

Andrew J. Fichter — Tue, 04 Jan 2011 09:11:22 PST

The Affordable Care Act: What Does Healthcare Reform Say About Us?

Andrew J. Fichter — Mon, 29 Nov 2010 07:52:27 PST

Congress Can – and Should – Mandate Health Coverage

Andrew J. Fichter — Tue, 17 Aug 2010 09:37:52 PDT

Health Care at Lake Wobegon

Andrew J. Fichter — Thu, 12 Feb 2009 12:42:39 PST

State Health Insurance Reform Efforts and ERISA

Andrew J. Fichter — Thu, 12 Feb 2009 12:40:04 PST

ERISA: The Law of Unintended Consequences

Andrew J. Fichter — Thu, 12 Feb 2009 12:37:29 PST

What if We Do Nothing to Reform Health Care

Andrew J. Fichter — Thu, 12 Feb 2009 12:31:36 PST

The Law of Doctoring: A Study of the Codification of Medical Professionalism

Andrew J. Fichter — Thu, 05 Feb 2009 08:55:45 PST

This article argues that the concept of professionalism in health law is undergoing transformation as the applicable common law doctrines are increasingly being superseded by statutes and regulations. While legislation is perhaps the better implement when it comes to shaping the relationship among doctor, patient and society to conform to public policy, decisional law is often needed where statutes, rules and regulations inadvertently damage that relationship. Where professionalism is adversely affected by this process of codification, it is incumbent upon decisional law to call the attention of legislators and policy makers to that fact. To this end, the article first undertakes to define medical professionalism as a legal construct, and then formulates an analytic method with which to determine when professionalism is implicated and whether it is then adequately accommodated by the law. The definition of professionalism the author advances draws from concepts established in the literature of sociology, which identifies four core attributes - functional specificity, trust, disinterestedness and self-regulation. Each of these attributes is examined in turn with reference to case law selected to illustrate the nature of the value in question and the need for judicial intervention where codification has put professionalism's core values at risk.

Owning a Piece of the Doc: State Law Restraints on Lay Ownership of Healthcare Enterprises

Andrew J. Fichter — Wed, 10 Dec 2008 11:32:46 PST

State Healthcare Coverage Reform: Where is Federalism Leading Us?

Andrew J. Fichter — Wed, 10 Dec 2008 11:30:05 PST