Eleanor DeArman Kinney

Hall Render Professor of Law Emeritus
Co-director of the William S. and Christine S. Hall Center for Law and Health, Emeritus


Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 136F
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 274-4091
Fax: (317) 274-0455
E-Mail: ekinney@iupui.edu


SSRN

Education

B.A., 1969, Duke University
M.A., 1970, University of Chicago
J.D., 1973, Duke University
M.P.H., 1979, University of North Carolina

Courses

Administrative law, health care financing and regulation, public health law

Bio

Eleanor D. Kinney, founding director of the school’s internationally recognized William S. and Christine S. Hall Center for Law and Health, is one of the nation’s leading experts on health law. After graduating from law school, she practiced law for four years, then worked as an estate planning officer for Duke University Medical Center for two years. After earning her master’s degree in public health, she served as program analyst for the U.S. Department of Health and Human Services in Washington, D.C. Immediately prior to joining the faculty in 1984, she was assistant general counsel of the American Hospital Association.

A widely published author and respected lecturer on the subjects of America’s health care system, medical malpractice, health coverage for the poor, and issues in administrative law, Professor Kinney is author or co-author of numerous law review articles, book chapters and book reviews. She recently published Protecting American Health Care Consumers (Duke University Press 2002) and edited the Guide to Medicare Coverage Decision-Making and Appeals (ABA Publishing 2002).

Professor Kinney has served as a consultant to the Administrative Conference of the United States, President Clinton’s Task Force for Health Care Reform, and the Indiana Commission on Health Care for the Working Poor. She has been appointed by the governor of Indiana to the Executive Board of the Indiana State Department of Health and to other task forces and advisory boards. She currently serves as chair of the Patient Safety Subcommittee of the Indiana Commission on Excellence in Health Care.

During 1999-2000, Professor Kinney taught and conducted research as a Fulbright Fellow at the National University of La Plata in La Plata, Argentina. She founded the school's Latin American Law Summer Program and served as its executive director until 2007. She also serves as an adjunct professor at the IU School of Public and Environmental Affairs and at the IU School of Medicine.

Publications

(SSRN: http://ssrn.com/author=139017 )

Books and Chapters

  • Kinney, McCabe & Hall, Hays v. Sebelius, in Top 20 Food and Drug Cases, 2009 & Cases to Watch (John Reiss ed., Food and Drug Law Institute, 2010).
  • Kinney, The International Human Right to Health in Domestic Constitutional and Statutory Law in Law and Ethics in Rationing Access to Care in a High-Cost Global Economy (Wendy K. Mariner & Paula Lobato de Faria ed., Luso-American Foundation, forthcoming 2008).
  • Sage and Kinney, A Malpractice System for Medicare, in Medical Malpractice Reform in the United States: New Century, Different Issues (Cambridge University Press, 2006).
  • Kinney, Protecting American Health Care Consumers (Duke University Press, 2002).
  • Kinney (ed.), Guide to Medicare Coverage Decision-Making and Appeals (ABA Publishing, 2002).
  • Kinney, Administrative Law Issues in Professional Regulation, in T. Jost (ed.), Regulation of the Healthcare Professions (Ann Arbor: Health Administration Press, 1997).

Law Review and Journal Articles

  • *Eberl, Kinney & Williams, Foundation for a Natural Right to Health Care, Journal of Medicine and Philosophy (1–21, 2011 doi:10.1093/jmp/jhr047).
  • Kinney, Realizing the International Human Right to Health for Noncitizens in the United States, 1 Notre Dame Journal of International, Comparative, & Human Rights Law 94 (2011).
  • Kinney, Administrative Law Protections in Coverage Expansions for Consumers under Health Reform, 7 Journal of Health & Biomedical Law 33 (2011).
  • *McCabe & Kinney, Editorial: Medical Legal Partnerships: A Key Strategy for Addressing Social Determinants of Health, 25 Supplement 2 Journal of General Internal Medicine 200 (2010).
  • *Gable, Courtney, Gatter &. Kinney, Global Public Health Legal Responses to H1N1, 39 Journal of Law, Medicine and Ethics 46 (2010-2011).
  • Kinney, For-Profit Enterprise in Health Care: Can It Contribute to Health Reform? 36 American Journal of Law and Medicine 405 (2010).
  • Kinney, Realizing the International Human Right to Health: The Challenge of For-Profit Health Care, 113 West Virginia Law Review 49 (2010).
  • Kinney, Health Care Financing and Delivery in the US, Mexico and Canada: Finding and Establishing Intentional Principles for Sound Integration, 26 Wisconsin International Law Journal 935 (2009).
  • Kinney, Hospital Peer Review of Physicians: Does Statutory Immunity Increase Risk of Unwarranted Professional Injury? 13 Michigan State Journal of Law and Medicine 57 (2009).
  • Kinney, McCabe, Gilbert & Shishler, Altered Standards of Care for Health Care Providers in the Pandemic Influenza, Indiana Health Law Review (forthcoming 2009).
  • *Kinney, Realization of the International Human Right to Health in an Economically Integrated North America, 37 Journal of Law, Medicine & Ethics 807 (2009).
  • *Connor, Ruiz-Garrido, Rozycki Goering, Kinney & Koehler, Patient-Directed Medicine Labeling: Text Differences between the United States and Spain, 5(2) Medicine & Communication 132 (2009).
  • *Kinney, The Corporate Transformation of Medical Specialty Care: The Exemplary Case of Neonatology, 36 Journal of Law Medicine & Ethics 790 (2008).
  • Kinney and Sage, Dances with Elephants: Administrative Resolution of Medical Injury Claims by Medicare Beneficiaries, 5 Indiana Health Law Review 1 (2008).
  • Kinney, Recognition of the International Human Right to Health and Health Care in the United States, 60 Rutgers Law Review 337 (2008).
  • Kinney, Can the Medicare, Medicaid and SCHIP Programs Meet the Challenges of Public Health Emergencies, 58 Administrative Law Review 559 (2006).
  • Kinney & Sage, Resolving Medical Malpractice Claims in the Medicare Program: Can it be Done? 12 University of Connecticut Journal of Insurance Law 77 (2006).
  • Kinney, Administrative Law Approaches to Medical Malpractice Reform, 49 St. Louis University Law Journal 45 (2005).
  • *Kinney, The Origins and Promise of Medical Standards of Care, Virtual Mentor: Ethics Journal of the American Medical Association (Dec. 2004)
  • Kinney & Clark, Provisions for Health and Health Care in the Constitutions of the Countries of the World, 37 Cornell International Law Journal 285 (2004).
  • *Kinney, An Empirical and Critical Look at the Current Medical Liability Crisis, 20 Frontiers of Health Services Management 31 (Fall 2003).
  • Kinney, New Medicare Coverage Decision-Making and Appeal Procedures: Can Process Meet the Challenge of New Medical Technology? 60 Washington & Lee Law Review 1461 (2003).
  • *Kinney, Administrative Law and the Public's Health, 30 Journal of Law, Medicine & Ethics 211 (2002).
  • *Kinney, The Brave New World of Medical Standards of Care, 29 Journal of Law, Medicine & Ethics 323 (2002).
  • *Beauchamp, Jennings, Kinney & Levine, Pharmaceutical Research Involving the Homeless, 27 Journal of Medicine and Philosophy 547 (2002).
  • Kinney, The International Human Right to Health: What Does it Mean for Our Nation and World, 34 Indiana Law Review 1457 (2001).
  • *Swigonski, Kinney, Freund & Kniesner, Unfinished Business: Inadequate Health Coverage for Privately Insured Seriously Ill Children, 30 Children's Health Care 219 (2001).
  • Kinney, Tapping and Resolving Consumer Concerns and Health Care, 26 American Journal of Law and Medicine 335 (2000).
  • *Stroupe, Kinney & Kniesner, Is There Evidence for Health Insurance-Related Job Lock When a Family Member is Chronically Ill? 25 Journal of Health Policy, Politics and Law 309 (2000).
  • Kinney, Clearing the Way for an Effective Federal-State Partnership in Health Reform, 32 Michigan Journal of Law Reform 899 (1999).
  • Strain & Kinney, The Road Paved with Good Intentions: Problems and Potential for Employer-Sponsored Health Insurance under ERISA, 31 Loyola University Chicago Law Review 29 (1999).
  • Kinney, Introduction (Symposium: The Independent Counsel Statute ), 51 Administrative Law Review 627 (1999).
  • Kinney, Behind the Veil Where the Action Is: Private Policy Making and American Health Care, 50 Administrative Law Review 145 (1999).
  • *Kinney, Tai-Seale, Greene, Murray & Tierney, Three Political Realities in Expanding Coverage for the Working Poor: One State's Experience, 18 Health Affairs 188 (1999).
  • Kinney, Indiana's Medical Malpractice Reform Revisited: A Limited Constitutional Challenge, 31 Indiana Law Review 1043 (1998).
  • *Kinney, Freund, Camp, Jordan & Mayfield, Serious Illness and Private Health Coverage: A Unique Problem Calling for Unique Solutions 25 Journal of Law, Medicine & Ethics 190 (1997).
  • *Kinney, Robison, Freedman & Cook, Automating Assessment for Community-Based, Long-Term Care: Indiana's Experience, 21 Generations 62 (1997).
  • Kinney & Selby, History and Jurisprudence of the Patient-Physician Relation in Indiana, 30 Indiana Law Review 263 (1996).
  • Kinney, Procedural Protections for Patients in Capitated Health Plans, 22 American Journal of Law and Medicine 301 (1996).
  • Kinney, Medicare Managed Care from the Beneficiary's Perspective, 26 Seton Hall L. Rev. 1163 (1996).
  • Kinney, Resolving Consumer Grievances in a Managed Care Environment, 6 Health Matrix 147 (1996).
  • Kinney, Rule and Policy Making under Health Reform, 47 Administrative Law Review 403 (1995).
  • Kinney, Protecting Consumers and Providers under Health Reform: An Overview of the Major Administrative Law Issues, 5 Health Matrix 83 (1995).
  • Kinney, Copp & Gonzales, The Merits of State Action Antitrust Immunity to Promote Hospital Collaboration: A Good Idea for Indiana? 28 Indiana Law Review 4 (1995).
  • *Freedman, Cook, Robison & Kinney, Collaborative Quality Improvement in Community-Based, Long-Term Care: Translating Theory into Practice, 21 The Joint Commission Journal on Quality Improvement 701 (1995).
  • *Kinney, Malpractice Reform in the 1990s: Past Disappointments, Future Success? 20 Journal of Health Politics, Policy and Law 99 (1995).
  • Kinney, Private Accreditation as a Substitute for Direct Government Regulation in Public Health Insurance Programs: When is it Appropriate? 57 Law and Contemporary Problems 47 (1994).
  • Kinney, Freedman & Cook, Quality Improvement in Community-Based, Long-Term Care: Theory and Reality, 22 American Journal of Law and Medicine 59 (1994).
  • *Gronfein & Kinney, Bringing the Patient Back In: The Rhetoric of Victimization and Medical Malpractice, 6 Perspectives on Social Problems 47 (1994).
  • *Clark & Kinney, The Potential Role of Diabetes Guidelines in the Reduction of Medical Injury and Medical Malpractice Claims Involving Diabetes, 17 Diabetes Care 155 (1994).
  • *Clark & Kinney, Standards for the Care of Diabetes: Origins, Uses and Implications for Third-Party Payment, 15 Diabetes Care 10 (Supplement 1, 1992).
  • Kinney, The Role of Judicial Review in Medicare and Medicaid Program Policy: Past Experience and Future Expectations, 35 St. Louis University Law Journal 759 (1991) (Health Law Symposium).
  • Kinney & Gronfein, Indiana's Malpractice System: No Fault By Accident?, 54 Law and Contemporary Problems 169 (1991).
  • Kinney, Gronfein & Gannon, Indiana's Medical Malpractice Act: Results of a Three Year Study, 24 Indiana Law Review 1275 (1991).
  • Kinney, Legal and Ethical Issues in Mental Health Care Delivery: Does Corporate Form Make a Difference, 28 Houston Law Review 175 (1991).
  • *Gronfein & Kinney, Controlling Large Medical Malpractice Claims: The Unexpected Impact of Damage Caps, 16 Journal of Health Politics, Policy and Law 441 (1991).
  • Kinney, Rule and Policy-Making Under the Medicaid Program: A Challenge to Federalism, 51 Ohio State Law Journal 855 (1990) (Insurance Law Symposium) (Based on: E. Kinney, Rule and Policy-Making Under the Medicaid Program: A Challenge to Federalism, 1990 ACUS 677). See Admin. Conf. of U.S ., Recommendation 90-8, Rulemaking and Policymaking in the Medicaid Program, 1 C.F.R. 305.90-8).
  • Kinney, In Search of Bureaucratic Justice in the Medicare Program: Adjudicating Medicare Home Health Benefits in the 1980s, 42 Administrative Law Review 251 (1990).
  • Kinney, Setting Limits: A Realistic Assignment for the Medicare Program? 33 Saint Louis University Law Journal 631 (1989) (Health Law Symposium).
  • Kinney & Wilder, Medical Standard Setting in the Current Malpractice Environment: Problems and Possibilities, 22 U.C. Davis Law Review 421 (1989) (Health Law Symposium).
  • Kinney, National Coverage Policy Under the Medicare Program: Problems and Proposals for Change, 32 Saint Louis University Law Journal 869 (1988) (Health Law Symposium).
  • Kinney, The Medicare Appeals System for Coverage and Payment Disputes: Achieving Fairness in a Time of Constraint, 1 Administrative Law Journal 1 (1987) (Based on: Kinney, The Medicare Appeals System for Coverage and Payment Disputes, 1986 ACUS 339. See ACUS Recommendation 86-5, Medicare Appeals, 1 C.F.R. 305.86-5).
  • Kinney, Coordinating Rate Setting and Planning in States with Mandatory Hospital Rate Regulation: What Makes a Difference? 8 Journal of Legal Medicine 397 (1987).
  • Kinney, Making Hard Choices under the Medicare Prospective Payment System: One Administrative Model for Allocating Medical Resources under a Government Health Insurance Program, 19 Indiana Law Review 1151 (1986).
  • Kinney, Medicare Payment to Hospitals for a Return on Capital: The Influence of Federal Budget Policy on Judicial Decision-Making, 11 Journal of Contemporary Law 453 (1985).
  • *Kinney & Lefkowitz, Capital Cost Reimbursement to Community Hospitals Under Federal Health Insurance Programs, 7 Journal of Health Politics, Policy and Law 648 (1982).

Book Reviews

  • Kinney, Health Care Choices: Private Contracts as Instruments of Health Reform, Clark C. Havighurst, 17 Journal of Legal Medicine 331 (1996).
  • Kinney, Murders and Madness: Medicine, Law and Society in the Fin de Siecle by Ruth Harris, 14 Legal Studies Forum 435 (1990).



 *Refereed