Miles J. Zaremski
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Miles J. Zaremski is an attorney and writer of some 35 years now. A graduate of the Case Western Reserve University School of Law in Cleveland, he has been engaged for clients throughout the country on issues at the intersection of law, medicine and health care, including Members of Congress. He is a past president of the American College of Legal Medicine, past chair (5 years) of the Standing Committee on Medical Professional Liability of the American Bar Association, the author of scores of articles, chapters and two books in the health care law arena, and an adjunct faculty member of both law and medical schools. Besides heading his own private practice (Zaremski Law Group in Northbrook, Il.), he is presently a columnist, writing to physician audiences. He has as well been involved in health policy, notably with patient rights legislation introduced over the last decade in Congress.

Blog Entries by Miles J. Zaremski

George Duncan Macdonald, a Nation's War Hero

(0) Comments | Posted May 29, 2012 | 6:04 PM

We have just celebrated another Memorial Day, honoring our nation's women and men who have served our nation gallantly, thousands of times sacrificing their own lives and thousands more who have suffered irreversible injuries -- all in the cause to protect and preserve our country's freedom. President Obama in his...

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The Supreme Court and the Health Law Cases: 'It Ain't Over 'Til It's Over'

(36) Comments | Posted May 2, 2012 | 6:37 PM

By the time you read this article, more than a month will have elapsed since the nine justices of our Supreme Court heard oral arguments over three days in what will be looked back upon as historic cases of a generation. The Court will be deciding whether or not the...

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The Montana Supreme Court and Citizens United: Why the Supreme Court Cannot Afford to Find the Health Law Unconstitutional (Part 2)

(22) Comments | Posted April 2, 2012 | 5:11 PM

HuffPost recently posted my piece, "Why The Supreme Court Cannot Afford To Find The Health Law Unconstitutional." One of the comments to that asked, if the mandate as part of "Romneycare" in the Commonwealth of Massachusetts is constitutional, how can the Supreme Court's conservative bloc find the very...

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Why the Supreme Court Cannot Afford to Find the Health Law Unconstitutional

(19) Comments | Posted March 29, 2012 | 11:21 AM

This blog will be as brief as it can be, even after listening and digesting over six hours of oral arguments on the four issues argued March 26-28 on the Patient Protection and Affordable Care Act (ACA). Two of the four issues can be disposed of with easy dispatch. (1)...

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Supreme Court Has But One Real Choice: Uphold Health Law

(0) Comments | Posted March 20, 2012 | 2:03 PM

On March 26-28, the Supreme Court will hear over five hours of oral arguments in perhaps the most historic cases in its storied existence -- whether or not the 2010 Patient Protection and Affordable Care Act ("ACA") is constitutional and will continue to be the law of the land. It...

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Youth Like An Ilya Sheyman For Congress -- Our "Lemonade"

(2) Comments | Posted March 15, 2012 | 12:05 PM

My Congressional District is the 10th in Illinois. Up to now, it was known as the district for the tony north shore of Chicago where only a Republican has held court for years. With the latest incarnation of a redistricting map drawn up by Illinois' Democratic Legislature, the 10th now...

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The Supreme Court's Health Law Cases -- Is Health Care 'Happiness'?

(14) Comments | Posted February 10, 2012 | 10:16 AM

The Declaration of Independence declares life, liberty and the pursuit of happiness to be inalienable rights.

In 1943, FDR proposed a 'Second Bill of Rights' that included freedoms inclusive of adequate medical care and the opportunity to achieve and enjoy good health. Five years later, the United Nations' Universal...

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Why the Health Care Law Is Constitutional

(6) Comments | Posted February 6, 2012 | 11:15 AM

By now, the United States Supreme Court is being flooded with briefs from the parties and their supporters in the cases that will decide whether the Patient Protection and Affordability Care Act (ACA) ("Obamacare") will remain the law of the land or not. Oral arguments exceeding five hours over...

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The Supreme Court and the Individual Mandate: The Wind Beneath Whose Wings?

(9) Comments | Posted January 12, 2012 | 9:24 AM

Quite recently, the government filed its brief before the U.S. Supreme Court addressing the individual mandate; it has become the centerpiece of the cases addressing the constitutionality of the health care act (Patient Protection and Affordable Care Act, or "ACA"). Oral arguments in unprecedented fashion (as well as on...

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The Supreme Court and Health Care as a Right

(3) Comments | Posted January 6, 2012 | 4:30 PM

March 26-28 will be historic days for our United States Supreme Court for it is then that it will hear about 5.5 hours of oral arguments on four issues that focus on whether the Patient Protection and Affordable Care Act (ACA, or as some prefer to say, "Obamacare")...

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The 'Odd Couple' -- Steve Jobs and Health Care as a Right for All

(0) Comments | Posted October 10, 2011 | 10:46 AM

Since before the 2008 Democratic convention, I have written that health care should be a right for all Americans. Mind you, not in a legal or constitutional sense, but in a kind of human rights or moralistic way, like all industrialized countries view it except for us. I was not...

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Another 'Victory' for Obama's Health Care Law?

(6) Comments | Posted September 9, 2011 | 6:28 PM

All the hoopla and media coverage regarding Obama's jobs speech before a joint session of Congress on September 8 shadowed two federal appeals court decisions rendered the same day, Commonwealth of Virginia v. Sebelius, and Liberty University v. Geithner. The 4th U.S. Circuit of Appeals sitting in Richmond,...

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Healthcare's Individual Mandate -- (Lack of) Charity Care Adds More Fuel to This Fire

(1) Comments | Posted August 22, 2011 | 10:48 AM

Very recently, the pages of The Huffington Post -- as was true within every media outlet and what rolled off of the lips of every major political pundit -- were awash with commentary and analysis on the 11th U.S. Court of Appeals in Atlanta striking down as unconstitutional the individual...

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The Individual Mandate Must Be Kept Constitutional

(8) Comments | Posted August 15, 2011 | 10:51 AM

Admittedly, it is a very thoroughly analyzed and exhaustively researched 291 page opinion (including dissent). The 11th Circuit federal court of appeals decided on August 12, 2011 to preserve "Obamacare" (Affordable Care Act, or "ACA") while finding the mandate in it to have every American purchase health care insurance...

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Americans "Win" if the Health Care Mandate Is Tossed Out

(32) Comments | Posted August 14, 2011 | 8:50 AM

It has been headline news that the 11th Circuit federal appeals court in Atlanta ruled that the mandate in Obama's Affordable Care Act ("ACA") -- Obamacare -- was unconstitutional, while reversing the lower federal court's decision that the entire act should be tossed because without the mandate...

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"Privatizing" Debt Ceiling Negotiations

(0) Comments | Posted July 25, 2011 | 4:00 PM

I had my fill of the political pundits last evening (the 22d), announcing as "Breaking News" House Leader Boehner walking out of talks with President Obama over raising the debt ceiling and cutting the federal deficit, and now taking his "ball" to those in the Senate -- maybe someone...

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'Jelloesque': Word du Jour for Cutting Health Benefits in Debt Ceiling Talks

(0) Comments | Posted July 21, 2011 | 1:57 PM

In ticking down down to the fail-safe date of Aug. 2, House Majority Leader John Boehner described in recent days the negotiations surrounding raising the debt ceiling, notably including changes to Medicare and Medicaid, as Jell-O. Actually, Speaker Boehner, you got it wrong. The word "Jell-O" is a noun; Webster's...

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The Debt Ceiling and Health Care as a Right

(4) Comments | Posted July 11, 2011 | 12:51 PM

Juxtaposing the present negotiations on the debt ceiling with health care as a right displays a fecundity of thought that may well assist in the presently ongoing divide between slashing entitlements and raising revenues. Here's how.

About three years ago now, I published that health care should be a right...

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Medicare Represents a Right to Health Care for Seniors

(20) Comments | Posted June 2, 2011 | 1:56 PM

I have refrained from filing a web log ("blog") in recent weeks on my favorite topic, health care being a right for all Americans, that I first wrote about in 2008 a month before the Democratic National Convention. I wanted to merely take in the landscape of current political events...

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The Budget Battle: A Right to Health Care vs. the War "Corporation"

(3) Comments | Posted April 19, 2011 | 2:23 PM

An overwhelming amount has now been written in the pages of HuffPost about Paul Ryan's (R-Wis.) proposed budget plan, so any additional words here cannot add to that which has been read so far. But what has not been addressed, but should also be placed in the mix for...

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