Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy

University of Colorado Law School

Health

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Classification Standards For Health Information: Ethical And Practical Approaches, Craig Konnoth Jan 2016

Classification Standards For Health Information: Ethical And Practical Approaches, Craig Konnoth

Articles

Secondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive policies that limit the use of such information threaten to stymie this research. While the Notice of Proposed Rulemaking (NPRM) for the new Common Rule permits patients to provide broad consent for the use of their information for research, that policy offers insufficient flexibility. This Article suggests a flexible consenting system that allows patients to consent to a range of privacy risks. The details of the system will be fleshed out in future work.


Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew Jan 2011

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Articles

The success of health reform under the Patient Protection and Affordable Care Act of 2010 will depend upon the sustainability of a brand new and infrastructure of entities, relationships, and procedures. So far, neither jurists, legislators, policy-makers, providers, payers, nor patients have identified an organizing paradigm to implement or regulate this vast new infrastructure. Legal scholars have been curiously absent from this policy discussion, offering little if any insight into the role law plays beyond the familiar political debates about health reform. This article draws a legal chair to the table and takes a refined look at the legal basis ...