Mark A. Hall

Wake Forest University - School of Law

Professor of Law and Public Health

P.O. Box 7206

Winston-Salem, NC 27109

United States

  • Wake Forest University - School of Law

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    • Tel: 336-716-9807
SCHOLARLY PAPERS

47

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Scholarly Papers (47)

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1.

Commerce Clause Challenges to Health Care Reform (Revised version)

University of Pennsylvania Law Review, Vol. 159, June 2011, Wake Forest Univ. Legal Studies Paper No. 1747189
Number of pages: 48 Posted: 25 Jan 2011 Last Revised: 28 Jun 2011
Mark A. Hall
Wake Forest University - School of Law
Downloads 1,480 (12,434)

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health insurance, commerce clause, necessary and proper, individual mandate, PPACA, ACA

2.

Systematic Content Analysis of Judicial Opinions

Wake Forest Univ. Legal Studies Paper No. 913336, California Law Review, Vol. 96, 2008, 1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 24 Posted: 02 Jul 2006 Last Revised: 05 Feb 2008
Mark A. Hall and Ronald F. Wright
Wake Forest University - School of Law and Wake Forest University - School of Law
Downloads 1,451 (12,838)
Citation 9

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Content analysis, empirical methods, epistemology, legal method

3.

Property, Privacy and the Pursuit of Integrated Electronic Medical Records

Wake Forest Univ. Legal Studies Paper No. 1334963
Number of pages: 26 Posted: 29 Jan 2009 Last Revised: 05 Feb 2014
Mark A. Hall
Wake Forest University - School of Law
Downloads 1,139 (18,647)
Citation 6

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4.

Self Insurance for Small Employers Under the Affordable Care Act: Federal and State Regulatory Options

NYU Annual Survey of American Law, Forthcoming, Washington & Lee Legal Studies Paper No. 2012-24
Number of pages: 21 Posted: 30 May 2012 Last Revised: 28 Jun 2012
Timothy Stoltzfus Jost and Mark A. Hall
Washington and Lee University - School of Law and Wake Forest University - School of Law
Downloads 388 (78,555)

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5.

Patients as Consumers: Courts, Contracts, and the New Medical Marketplace

Michigan Law Review, Vol. 106, No. 643, 2008, Wake Forest Univ. Legal Studies Paper No. 1090637
Number of pages: 48 Posted: 08 Feb 2008
Mark A. Hall and Carl E. Schneider
Wake Forest University - School of Law and University of Michigan Law School
Downloads 325 (96,167)

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medical bills, unconscionability, health care pricing

6.

The Factual Bases for Constitutional Challenges to Federal Health Insurance Reform

Kentucky Law Review, Vol. 38, No. 3, p. 457, 2011
Number of pages: 51 Posted: 03 Dec 2010 Last Revised: 03 Jan 2012
Mark A. Hall
Wake Forest University - School of Law
Downloads 271 (117,067)

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health insurance, health care reform, constitutionality, commerce clause, tenth amendment

7.

The Role of State Legislation in Consumer-Driven Health Care

American Journal of Law and Medicine, Vol. 31, pp. 395-418, 2005, Washington & Lee Legal Studies Paper No. 2005-24, Wake Forest Univ. Legal Studies Paper No. 05-24
Number of pages: 25 Posted: 05 Dec 2005
Timothy Stoltzfus Jost and Mark A. Hall
Washington and Lee University - School of Law and Wake Forest University - School of Law
Downloads 245 (129,971)

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8.

The Patient Life: Can Consumers Direct Health Care?

Wake Forest Univ. Legal Studies Paper No. 1099054
Number of pages: 72 Posted: 28 Feb 2008
Carl E. Schneider and Mark A. Hall
University of Michigan Law School and Wake Forest University - School of Law
Downloads 217 (146,313)
Citation 1

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consumerism, health care, behavioral economics

9.

The Constitutionality of Mandates to Purchase Health Insurance

The O'Neill Institute for National and Global Health Law, Forthcoming, Wake Forest Univ. Legal Studies Paper No. 1334955
Number of pages: 14 Posted: 01 Feb 2009 Last Revised: 09 Jan 2011
Mark A. Hall
Wake Forest University - School of Law
Downloads 194 (162,449)

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10.

The Legal and Historical Foundations of Patients as Medical Consumers

Georgetown Law Journal, 2008, Wake Forest Univ. Legal Studies Paper No. 1090618
Number of pages: 16 Posted: 08 Feb 2008
Mark A. Hall
Wake Forest University - School of Law
Downloads 182 (172,196)

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health care law, patients as consumers, legal history

11.

Measuring Medical Practice Patterns: Sources of Evidence from Health Services Research

Wake Forest Law Review, Vol. 37, No. 3
Number of pages: 44 Posted: 08 Dec 2002
Mark A. Hall, Roger T. Anderson, Rajesh Balkrishnan, Stephen R. Feldman, Alan B. Fleischer, David C. Goff and William Moran
Wake Forest University - School of Law, Wake Forest University - School of Medicine, Wake Forest University - School of Medicine, Wake Forest University - School of Medicine, Wake Forest University - School of Medicine, Wake Forest University - School of Medicine and Wake Forest University - School of Medicine
Downloads 174 (179,148)

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torts, medical malpractice, standard of care, medical malpractice patterns, health services research and data

12.

Section 125 Plans for Individual Insurance and HIPAA's Group Insurance Provisions

Wake Forest Univ. Legal Studies Paper No. 1283780
Number of pages: 6 Posted: 15 Oct 2008
Amy Monahan and Mark A. Hall
University of Minnesota - Twin Cities - School of Law and Wake Forest University - School of Law
Downloads 145 (209,071)

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13.

The Theory and Practice of Disclosing HMO Physician Incentives

Law and Contemporary Problems, Vol. 65, No. 4, Fall 2002
Number of pages: 27 Posted: 28 Sep 2002
Mark A. Hall
Wake Forest University - School of Law
Downloads 144 (210,257)

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Health Care, Health Economics, Health Law, Physicians

14.

Coding Case Law for Public Health Law Evaluation: A Methods Monograph for the Public Health Law Research Program (PHLR) Temple University Beasley School of Law

Public Health Law Research, November 2011
Number of pages: 34 Posted: 05 Jan 2012
Mark A. Hall
Wake Forest University - School of Law
Downloads 110 (257,829)

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public health law research, coding law, empirical legal studies

15.

Overbilling and Informed Financial Consent -- A Contractual Solution

New England Journal of Medicine, Vol. 476, No. 5, p. 396, August 2012
Number of pages: 2 Posted: 09 Aug 2012
Barak D. Richman, Mark A. Hall and Kevin A. Schulman
Duke University, School of Law, Wake Forest University - School of Law and Duke University - Medical Center
Downloads 104 (268,153)

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16.

Patient-Centered Health Law and Ethics

Wake Forest Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2010-34
Number of pages: 20 Posted: 26 Oct 2010
Lois L. Shepherd and Mark A. Hall
University of Virginia Center for Biomedical Ethics and Humanities and Wake Forest University - School of Law
Downloads 102 (271,728)

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Patient-Centered, Health Law, Trust, Illness, Suffering, Academic Health Law, Patient-Individualized, Vulnerability, Patient Autonomy, Health Care Delivery, Relational, Centered, Healing Relationships

17.

Constitutional Mortality: Precedential Effects of Striking the Individual Mandate

Law and Contemporary Problems, Vol. 75, No. 3, p. 107, 2012, Wake Forest Univ. Legal Studies Paper No. 1959612
Number of pages: 7 Posted: 16 Nov 2011 Last Revised: 04 Apr 2012
Mark A. Hall
Wake Forest University - School of Law
Downloads 88 (298,959)
Citation 2

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Affordable Care Act, public health, constitutional powers

18.

The Costs of Caring for the Uninsured Under Well-Structured Safety Net Systems

Number of pages: 15 Posted: 12 Jun 2010
Mark A. Hall
Wake Forest University - School of Law
Downloads 83 (310,062)
Citation 1

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19.

Narrow Provider Networks for Employer Plans

EBRI Issue Brief, Number 428 (December 14, 2016)
Number of pages: 20 Posted: 21 Dec 2016
Mark A. Hall and Paul Fronstin
Wake Forest University - School of Law and Employee Benefit Research Institute (EBRI)
Downloads 67 (350,117)

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Employment-Based Benefits, Health Benefit Design, Health Care Costs, Health Care Reform, Health Insurance Attitudes and Opinions, Health Insurance Coverage, Narrow Networks

20.

The History and Future of Health Care Law: An Essentialist View

Wake Forest Law Review, Vol. 41, p. 347, 2006, Wake Forest Univ. Legal Studies Paper No. 905889
Number of pages: 19 Posted: 02 Jun 2006 Last Revised: 05 Dec 2016
Mark A. Hall
Wake Forest University - School of Law
Downloads 44 (424,918)

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21.

State Managed Care Patient Protection Laws Dataset

Number of pages: 7 Posted: 01 Oct 2008
Mark A. Hall
Wake Forest University - School of Law
Downloads 39 (444,995)
Citation 1

Abstract:

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managed care, insurance regulation

22.

Five‐State Study of ACA Marketplace Competition: A Summary Report

Risk Management and Insurance Review, Vol. 20, Issue 2, pp. 153-172, 2017
Number of pages: 20 Posted: 20 Sep 2017
Michael A. Morrisey, Alice Rivlin, Richard Nathan and Mark A. Hall
University of Alabama at Birmingham, Brookings Institution, Nelson A. Rockefeller Institute of Government and Wake Forest University - School of Law
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23.

ACA Exchange Competitiveness in North Carolina

Risk Management and Insurance Review, Vol. 20, Issue 2, pp. 233-247, 2017
Number of pages: 15 Posted: 20 Sep 2017
Mark A. Hall
Wake Forest University - School of Law
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24.

Reviving Managed Health Care with Health Savings Accounts

Wake Forest Univ. Legal Studies Paper No. 05-17, Health Affairs, 2005
Posted: 06 Feb 2008 Last Revised: 25 Dec 2014
Mark A. Hall and Clark C. Havighurst
Wake Forest University - School of Law and Duke University School of Law

Abstract:

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Managed Health Care, Health Savings Accounts, Health Law, Health Insurance

25.

For-Profit Conversion of Blue Cross Plans: Public Benefit or Public Harm?

Annual Review of Public Health, Vol. 27, April 2006
Posted: 11 Jan 2008
Mark A. Hall and Christopher J. Conover
Wake Forest University - School of Law and Duke University - Center for Health Policy, Law and Management

Abstract:

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health insurance, nonprofit, conversion

26.

Rethinking Health Law

Wake Forest Law Review, Vol. 41, p. 341, 2006, Wake Forest Univ. Legal Studies Paper No. 905887, FSU College of Law, Public Law Research Paper No. 204
Posted: 02 Jun 2006
Mark A. Hall, Carl E. Schneider and Lois L. Shepherd
Wake Forest University - School of Law, University of Michigan Law School and University of Virginia Center for Biomedical Ethics and Humanities

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27.

The Impact on Patient Trust of Legalizing Physician Aid in Dying

Journal of Medical Ethics, Forthcoming
Posted: 07 Mar 2005
Mark A. Hall, Elizabeth Dugan and Felicia Trachtenberg
Wake Forest University - School of Law, New England Research Institutes and New England Research Institutes

Abstract:

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euthanasia, physician-assisted suicide, trust

28.

Liability Implications of Physician-Directed Care Coordination

Wake Forest Univ. Legal Studies Paper No. 05-03
Posted: 30 Dec 2004
Mark A. Hall
Wake Forest University - School of Law

Abstract:

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Medical liability

29.

The Impact and Enforcement of Prudent Layperson Laws

Annals of Emergency Medicine, Vol. 43, No. 5, May 2004
Posted: 01 Apr 2004
Mark A. Hall
Wake Forest University - School of Law

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30.

The 'Death' of Managed Care: A Regulatory Autopsy

Wake Forest Univ. Public Law Research Paper No. 04-06
Posted: 01 Apr 2004
Mark A. Hall
Wake Forest University - School of Law

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31.

State Regulation of Medical Necessity: The Case of Weight-Reduction Surgery

Duke Law Journal, 2004
Posted: 01 Apr 2004
Mark A. Hall
Wake Forest University - School of Law

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32.

The Impact of Blue Cross Conversions on Accessibility, Affordability, and the Public Interest

Milbank Quarterly, Vol. 81, 2003
Posted: 30 Sep 2003
Mark A. Hall and Christopher J. Conover
Wake Forest University - School of Law and Duke University - Center for Health Policy, Law and Management

Abstract:

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for-profit conversion, health insurance, Blue Cross plans

33.

What If You Could Sue Your HMO? Managed Care Liability Beyond the Erisa Shield

St. Louis University Law Journal, Forthcoming
Posted: 30 Sep 2003
Gail B. Agrawal and Mark A. Hall
University of Iowa - College of Law and Wake Forest University - School of Law

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managed care, medical malpractice, cost containment, liability, ERISA preemption

34.

The Impact of State Managed Care Liability Statutes

Health Affairs, Vol. 22, No. 5, September/October 2003
Posted: 30 Sep 2003
Mark A. Hall and Gail B. Agrawal
Wake Forest University - School of Law and University of Iowa - College of Law

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35.

Market Failures and the Evolution of State Regulation of Managed Care

Law and Contemporary Problems, Vol. 65, No. 4, pp. 169-206, Autumn 2002
Posted: 28 Apr 2003
Frank A. Sloan and Mark A. Hall
Duke University - Center for Health Policy, Law and Management and Wake Forest University - School of Law

Abstract:

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managed care, patient protections laws, market failure theory, regulatory enforcement

36.

How Disclosing HMO Physician Incentives Affects Trust

Health Affairs, Vol. 21, No. 2, April 2002
Posted: 09 May 2002
Mark A. Hall, Elizabeth Dugan, Rajesh Balkrishnan and Donald Bradley
Wake Forest University - School of Law, New England Research Institutes, Wake Forest University - School of Medicine and Blue Cross and Blue Shield of North Carolina

Abstract:

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Trust, Financial Incentives, Managed Care, Health Maintenance Organizations

37.

Law, Medicine and Trust

Stanford Law Review, Vol. 55, October 2002
Posted: 25 Apr 2002
Mark A. Hall
Wake Forest University - School of Law

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38.

Measuring Patients' Trust in Their Primary Care Providers

Medical Care Research and Review, 2002
Posted: 06 Dec 2001
Mark A. Hall
Wake Forest University - School of Law

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trust, doctor-patient relationship, instrument development

39.

Trust in Physicians and Medical Institutions: What is it, Can it Be Measured, and Does it Matter?

Milbank Quarterly, Vol. 79, No. 4, December 2001
Posted: 29 Nov 2001
Mark A. Hall, Elizabeth Dugan, Beiyao Zheng and Aneil K Mishra
Wake Forest University - School of Law, New England Research Institutes, Genentech, Inc. - San Francisco and Wake Forest University - Babcock Graduate School of Management

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40.

The Geography of Health Insurance Regulation: A Guide for Identifying, Exploiting, and Policing Market Boundaries

Health Affairs, Vol. 19, No. 2, Pp. 173-184, March/April 2000
Posted: 30 Mar 2000
Mark A. Hall
Wake Forest University - School of Law

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41.

Agents' Behavior Under Health Insurance Market Reforms

Journal of Insurance Regulation, Spring 2000
Posted: 21 Mar 2000
Craig J. Richardson and Mark A. Hall
Salem College and Wake Forest University - School of Law

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42.

The Role of Independent Agents in the Success of Health Insurance Market Reforms

Milbank Quarterly, Vol. 78, Pp. 23-45, 2000
Posted: 20 Mar 2000
Mark A. Hall
Wake Forest University - School of Law

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43.

The Impact on Genetic Discrimination of Laws Restricting Health Insurers' Use of Genetic Information

American Journal of Human Genetics, Vol. 66, Pp. 293-307, 2000 and Jurimetrics, Vol. 40, Pp. 93-128, 1999
Posted: 20 Mar 2000
Mark A. Hall
Wake Forest University - School of Law

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44.

The Structure and Enforcement of Health Insurance Rating Reforms

Posted: 17 Mar 2000
Mark A. Hall
Wake Forest University - School of Law

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45.

The Competitive Impact of Small Group Health Insurance Reform Laws

University of Michigan Journal of Law Reform, Vol. 32, No. 4, 1999
Posted: 22 Nov 1999
Mark A. Hall
Wake Forest University - School of Law

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46.

Health Insurance Market Reforms: A Qualitative Evaluation

Posted: 15 Mar 1999
Mark A. Hall
Wake Forest University - School of Law

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47.

Public Choice and Private Insurance: The Case of Small Group Market Reforms

University of Illinois Law Review, Vol. 1998, No. 3, 1998
Posted: 13 Dec 1998
Mark A. Hall
Wake Forest University - School of Law

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