Health Law as Private Law - Title page

pp iii-iii

Copyright page

pp iv-iv

Dedication

pp v-vi

Contents

pp vii-x

Contributors

pp xi-xii

Acknowledgments

pp xiii-xiv

Introduction

pp 1-4

Part I - What Is Private Law?

pp 5-56

1 - Public Funds, Public Functions, Private Actors

pp 7-19

2 - Private Ordering Is Ubiquitous in Health Care, but Why?

pp 20-31

3 - Abandoning Fiduciaries in Health Care

pp 32-43

4 - European Distinctions between Private and Public Law in Health Care and the Emerging Influence of Private Lobbies

pp 44-56

Part II - Tools of Private Law

pp 57-118

5 - Data Transparency, ERISA Preemption, and Freedom of Contract

pp 61-72

6 - States as Contractor

pp 73-84

7 - Adaptation of Tort Law to Modern Health Care Delivery in the Restatement of Medical Malpractice

pp 85-95

8 - Pandemic Harms and Private Law’s Limits

pp 96-107

9 - The Human Body Commons

pp 108-118

Part III - Russian Dolls, Reproduction, and Private Law

pp 119-174

10 - Employer-Sponsored Abortion Coverage

pp 123-135

11 - Reproductive Innovation and Reproductive Exceptionalism

pp 136-147

12 - Business Responses to Dobbs

pp 148-161

13 - Privatizing the Creation of Equity in Women’s Health

pp 162-174

Part IV - How Private law Can and Cannot Control Costs

pp 175-240

14 - Federalism, Private Law, and Medical Debt

pp 179-191

15 - Paying for Health Care and Private Law’s Internal Point of View

pp 192-203

16 - Health Law’s Sheathed Sword

pp 204-216

17 - The Canary in the Coal Mine

pp 217-228

18 - Health Care Finance Law’s Relational Bias

pp 229-240