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Full-Text Articles in Law
A Prescription For Charity Care: How National Medical Debt Ills Can Be Alleviated By Integrating State Financial Assistance Policies Into The Nonprofit Tax Exemption, Margarita Kutsin
Seattle University Law Review
Despite having the most expensive healthcare system in the world, the United States has been consistently ranked as having the worst system in terms of equity, efficiency, and healthcare outcomes among industrialized nations. The effects of these systemic issues are grounded in the patient experience as nearly forty-four percent of individuals have forgone recommended treatments and thirty-two percent have reported that they were unable to afford a prescription due to the high cost, according to a study conducted in 2018. Health is sacred, and financial circumstances should not determine the difference between treatment and illness, or life and death. “Financial …
Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin
Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin
Seattle University Law Review
This article discusses: (I) the current legal approaches to addressing cybersecurity in general, (II) the shortcomings of current legal approaches, (III) a proposal for legislation to narrow the scope of the Medical Device Amendments (MDA) preemption clause, and (IV) the benefits and shortcomings of the proposed legislation.
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Seattle University Law Review
Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking the …
Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons
Seattle University Law Review
Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Seattle University Law Review
To illustrate the controversy surrounding experimental treatment provisions in general, this Comment examines the case law and resulting legislation pertaining to HDC-ABMT as a treatment for breast cancer. Part I presents background information on autologous bone marrow transplants generally, and how the treatment relates specifically to breast cancer patients. Part II presents a survey of current law regarding coverage of HDC-ABMT for breast cancer. Part III explores the merits and limits of judicial and legislative determinations of whether a particular treatment is covered under an insurance policy. Part III then concludes that while judicial and legislative intervention may be appropriate, …
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Seattle University Law Review
To show why the Revised Code of Washington (RCW) 7.70.065, Washington's medical decision-making statute should be rewritten, this Comment discusses: (1) the importance of autonomy and self-determination in medical decision-making; (2) the purpose of proxy medical decision-making statutes; (3) Washington's proxy *574 decision-making statute; and, (4) current family demographics. This Comment concludes by proposing a new medical decision-making statute for Washington.