Volume 2 Issue 1 (1992)

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1 Health Matrix: The Journal of Law- Medicine Volume 2 Issue Volume 2 Issue 1 (1992) Case Western Reserve Health Matrix: Journal of Law-Medicine Follow this and additional works at: Part of the Health Law and Policy Commons Recommended Citation Case Western Reserve Health Matrix: Journal of Law-Medicine, Volume 2 Issue 1 (1992), 2 Health Matrix Iss. 1 (1992) Available at: This Front Matter is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Health Matrix: The Journal of Law-Medicine by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons.

2 1 HEALTH.. MATRIX Journal of Law-Medicine ARTICLE. THE FuTURE 'OF.TAX-EXEMPTJ,ON FOR.. NONPROFIT HOSPITALS AND OTHER HEAL TH CARE PROVIDERS. '. John D. Colombe Mar/, A. Hall COMMENTARY. I;. "., ",,-, ~ - t ' i TAX-EXEMPTION FOR HOSPITALS: TOWARDS AN UNDERSTANDING OF COMMUNITY BENEFIT \. J. David Seay AR'fJCLE TH~ MEPICARE & MEDICAID ANTI-KICKBACK STATUTE A1ND TH.E.SAFE H.ARBQR.REGULATIONg...:...WHAT'S NEXT? Ricftard />; Kusserow ESSAY 0-ENETIC NARRATIVES: BIOLOGY, STORIES, AND " /. THE DEFINITION OF THE FAMILY. /. James Lindemann Nelson, Ph.D; \:... I.. ;LEGISLATIVE COMMENTARY ' / SULLIVAN 1dADE THE. RIGHT CH OJ CE IN REJECTING THE OREGON PLAN... Tom Mason NOTE Volume 2 Spring, 1992 Number L

3 HEALTH MATRIX: Journal of Law-Medicine Editor-in-Chief Robert S. Melson Managing Editor Glenn D. Smith Business Manager Thomas R. Gorman Topic Development and Solicitation Editor Charlotte L. Buford Executive Editors Stewart A. Binke Elizabeth R. McGuire Lawrence F. Peskin John F. Sekulow Assistant Business Manager and Associate Editor Elizabeth S. Gioiosa Scott Baldwin Julie Bretz Marie Cahill Nada Adam Michael Ater Daniel H. Beck Hugh Berkson Laurel Brown Karen Cecere Jim Craven Bradley Dallet Jessie A. Gietl Julie Ginsberg Pamela Grief Sara Jones Meera Krishnan Associate Editors Mariel Harris, M.D. Sta.ff Orly Hazony Jennifer L. Johnston Ian Kahn Lauren Litton Jennifer Martin Laurel Matthews, M.D. Rachel Morstad Clayton J. Nix Audrey Rabinowitz Erica Rose Kathy Rose Douglas Schnee Dean A. Schwartz Kristen Stamile Elisabeth Weiner Mary Wilkins Faculty Advisor Maxwell J. Mehlman Director, Law-Medicine Center Volume 2 Spring 1992 Number 1

4 The Law-Medicine Center at Case Western Reserve University School of Law has been in operation for more than 35 years. It began with a focus on forensic medicine, but that has broadened to include the whole range of legal, social, economic, scientific, and ethical issues in which law and medicine are interrelated. Besides the regular course offerings, the center frequently presents lectures, symposia, and workshops, and sponsors major conferences. Participants in the center's activities include not only university personnel, but also professionals from such institutions as the Cleveland Clinic and University Hospitals of Cleveland. Health Matrix: Journal of Law-Medicine, formerly Health Matrix, Quarterly Journal of Health Care Management, is published by the students of Case Western Reserve University Law School. Third Class postage paid at Cleveland, Ohio, and additional mailing offices. Editorial and business offices are located at Case Western Reserve University School of Law, East Boulevard, Cleveland, Ohio 44106, Telephone (216) The submission of manuscripts is invited. The views expressed herein are those of the authors and do not necessarily reflect the views of Health Matrix, its editors and staff, or Case Western Reserve University Law School. Subscriptions are entered for the entire volume for only $20.00 per year ($24.00 for foreign subscriptions). Any correspondence regarding subscriptions should be sent to the business manager. Students can subscribe at a discount price of $16.00 per year. Single issues of the current volume are available for $11.00 each. Back issues may be obtained from Health Matrix when available, for $6.00 each. Special and Symposium issues are specially priced. Back issues are also available in microform from University Microforms, Inc., 300 North Zeeb Road, Ann Arbor, Michigan , Telephone (313) Selected Health Matrix articles are indexed in the National Reference Center for Bioethics Literature, Kennedy Institute of Ethics, Georgetown University, Washington, D.C. Health Matrix conforms to A Uniform System of Citation (15th ed. 1991) copyright by the Columbia and University of Pennsylvania Law Reviews, Harvard Law Review Association and Yale Law Journal Style conforms generally to THE CHICAGO MAN UAL OF STYLE (13th ed. 1982). Except as otherwise provided, Health Matrix grants permission for each article in this issue to be copied for use by non-profit educational institutions, provided that 1) copies are distributed at or below cost, 2) the author and Health Matrix are notified, and 3) proper notice of copyright is affixed on the copies. This issue went to press in August, 1992.

5 HEALTH MATRIX: Journal of Law-Medicine Contents ARTICLE THE FUTURE OF TAX-EXEMPTION FOR NONPROFIT HOSPITALS AND OTHER HEALTH CARE PROVIDERS John D. Colombo Mark A. Hall COMMENTARY TAX-EXEMPTION FOR HOSPITALS: TOWARDS AN UNDERSTANDING OF COMMUNITY BENEFIT J. David Seay ARTICLE THE MEDICARE & MEDICAID ANTI-KICKBACK STATUTE AND THE SAFE HARBOR REGULATIONS-WHAT'S NEXT? Richard P. Kusserow ESSAY GENETIC NARRATIVES: BIOLOGY, STORIES, AND THE DEFINITION OF THE FAMILY James Lindemann Nelson, Ph.D LEGISLATIVE COMMENTARY SULLIVAN MADE THE RIGHT CHOICE IN REJECTING THE OREGON PLAN Tom Mason Volume 2 Spring 1992 Number 1 Copyright by Health Matrix: Journal of Law-Medicine

6 NOTE AN EXCEPTION TO THE EMPLOYMENT-AT-WILL DOCTRINE FOR NURSES Susan R. Gornik

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