Allison K. Hoffman
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View article: The Evolution of Long-Term Care and Health Policy in the United States
The Evolution of Long-Term Care and Health Policy in the United States Open
Long-term care policy has been neglected for decades in the United States because of high costs, leaving middle-class families struggling to afford care. Many rely on unpaid caregivers, who face significant financial and emotional burdens.…
View article: The Changing Role of the Government in American Health Law
The Changing Role of the Government in American Health Law Open
The government's role in shaping health law and health care in the United States has evolved dramatically over the last 60 years. In some aspects, including in its administration of Medicare and Medicaid as initially established, the gover…
View article: A review of public comments submitted to the Centers for Medicare and Medicaid Services in response to the 2022 National Coverage Decision on treatment for Alzheimer’s disease
A review of public comments submitted to the Centers for Medicare and Medicaid Services in response to the 2022 National Coverage Decision on treatment for Alzheimer’s disease Open
Alzheimer’s disease (AD) is a neurodegenerative disease with devastating personal and social consequences. In June 2021, the U.S. Food and Drug Administration (FDA) granted accelerated approval to aducanumab (Aduhelm; Biogen), a first-in-c…
View article: The Irony of Health Care’s Public Option
The Irony of Health Care’s Public Option Open
The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations tha…
View article: Examining Associations Between Legal Frameworks for Medical Planning and Intensity of End-of-Life Care
Examining Associations Between Legal Frameworks for Medical Planning and Intensity of End-of-Life Care Open
This study aims to understand the correlation between the legal framework around planning for medical treatment and the intensity of care received at the end of life. Advance directives (AD) allow an individual to legally document their wi…
View article: The ACA’s Choice Problem
The ACA’s Choice Problem Open
The Affordable Care Act (ACA) is in many ways a success. Millions more Americans now have access to health care, and the ACA catalyzed advances in health care delivery reform. Simultaneously, it has reinforced and bolstered a problem at th…
View article: The American Pathology of Inequitable Access to Medical Care
The American Pathology of Inequitable Access to Medical Care Open
This chapter maps out the complex picture of access to medical care in the United States. It reflects on how variable access illustrates an American ambivalence about health solidarity. The chapter first considers healthcare financing as o…
View article: How Medicalization of Civil Rights Could Disappoint
How Medicalization of Civil Rights Could Disappoint Open
This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He co…
View article: Ethical and Regulatory Issues for Embedded Pragmatic Trials Involving People Living with Dementia
Ethical and Regulatory Issues for Embedded Pragmatic Trials Involving People Living with Dementia Open
Embedded pragmatic clinical trials (ePCTs) present an opportunity to improve care for people living with dementia (PLWD) and their care partners, but they also generate a complex constellation of ethical and regulatory challenges. These ch…
View article: Long-Term Care Policy after Covid-19 — Solving the Nursing Home Crisis
Long-Term Care Policy after Covid-19 — Solving the Nursing Home Crisis Open
Nursing homes have been caught in the crosshairs of the coronavirus pandemic. As of early May 2020, Covid-19 had claimed the lives of more than 28,000 nursing home residents and staff in the United States. But U.S. nursing homes were unsta…
View article: The ACA's Choice Problem
The ACA's Choice Problem Open
The Affordable Care Act (ACA) is in many ways a success. Millions more Americans now have access to health care, and the ACA catalyzed advances in health care delivery reform. Simultaneously, it has reinforced and bolstered a problem at th…
View article: Ethical and Regulatory Issues for Embedded Pragmatic Trials Involving People Living with Dementia
Ethical and Regulatory Issues for Embedded Pragmatic Trials Involving People Living with Dementia Open
Embedded pragmatic clinical trials (ePCTs) present an opportunity to improve care for people living with dementia (PLWD) and their care partners, but they also generate a complex constellation of ethical and regulatory challenges. These ch…
View article: Policy Options for Financing Long-Term Care in the U.S.
Policy Options for Financing Long-Term Care in the U.S. Open
Unlike many other developed nations, the U.S. has no system that protects its residents against the high costs of long-term care, which many people will need as they age. Medicaid coverage kicks in only after families have exhausted their …
View article: Health Care's Market Bureaucracy
Health Care's Market Bureaucracy Open
The last several decades of health law and policy have been built on a foundation of economic theory. This theory supported the proliferation of market-based policies that promised maximum efficiency and minimal bureaucracy. Neither of the…
View article: Chapter: “Health Law and Ethics”
Chapter: “Health Law and Ethics” Open
Law and ethics are both essential attributes of a high-functioning health care system and powerful explainers of why the existing system is so difficult to improve. U.S. health law is not seamless; rather, it derives from multiple sources …
View article: The Ethics of Medicaid’s Work Requirements and Other Personal Responsibility Policies
The Ethics of Medicaid’s Work Requirements and Other Personal Responsibility Policies Open
Breaking controversial new ground, the Centers for Medicare & Medicaid Services (CMS) recently invited states to consider establishing work requirements as a condition of receiving Medicaid benefits. Noncompliant beneficiaries may lose som…
View article: Discrimination Risks of Alzheimer’s as Support for Social Insurance for Long-Term Care
Discrimination Risks of Alzheimer’s as Support for Social Insurance for Long-Term Care Open
This short reflection on an article by J. J. Arias, A. M. Tyler, B. J. Oster, and J. Karlawish (“The Proactive Patient: Long-term Care Insurance Discrimination Risk of Alzheimer’s Disease Biomarkers,” Journal of Law, Medicine & Ethics 46, …
View article: Discrimination Risks of Alzheimer's as Support for Social Insurance for Long-Term Care
Discrimination Risks of Alzheimer's as Support for Social Insurance for Long-Term Care Open
This short reflection on an article by J. J. Arias, A. M. Tyler, B. J. Oster, and J. Karlawish (“The Proactive Patient: Long-term Care Insurance Discrimination Risk of Alzheimer’s Disease Biomarkers,” Journal of Law, Medicine & Ethics 46, …
View article: Review of The New Eugenics: Selective Breeding in an Era of Reproductive Technologies
Review of The New Eugenics: Selective Breeding in an Era of Reproductive Technologies Open
In The New Eugenics, Judith F. Daar compellingly documents how the eugenics movement of old-intended to limit reproduction among 'undesirables'-has far from disappeared. 1 Rather, the eugenics methods have evolved hand in hand with advance…
View article: From the Technical to the Personal: Teaching and Learning Health Insurance Regulation and Reform
From the Technical to the Personal: Teaching and Learning Health Insurance Regulation and Reform Open
In the Fall of 2016, I taught Health Law and Policy for the fourth consecutive semester. Over time, one thing has become increasingly clear: the aspect of this course that I work with most closely as a scholar—the regulation of health care…
View article: Is Obamacare on life support? (with transcript)
Is Obamacare on life support? (with transcript) Open
Penn Law’s Allison Hoffman and Bloomberg Law’s Victoria Pelham dissect the current state the Affordable Care Act, state exchanges, and productive steps forward to improve the U.S. health insurance system.
View article: Reimagining the Risk of Long-Term Care
Reimagining the Risk of Long-Term Care Open
U.S. law and policy on long-term care fail to address the insecurity American families face due to prolonged illness and disability — a problem that grows more serious as the population ages and rates of disability rise. This Article argue…
View article: The reverberating risk of long-term care.
The reverberating risk of long-term care. Open
The Fiftieth Anniversary of Medicare and Medicaid offers an opportunity to reflect on how American social policy has conceived of the problem of long-term care. In this essay, I argue that current policies adopt too narrow a conception of …