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Articles 1 - 5 of 5
Full-Text Articles in Law
The Private Insurance Market: Not Very Big And Not Insuring Much, Either, Jacqueline R. Fox
The Private Insurance Market: Not Very Big And Not Insuring Much, Either, Jacqueline R. Fox
Faculty Publications
Creating a single national health insurance pool is not likely to destabilize the economy by supplanting the private health insurance industry. This industry insures a relatively small percentage of the population and holds very little of the risk such insurance implies. In effect, insurance companies function as middlemen, bundling risk packages to distribute to other, larger companies and so serve a limited purpose. Were insurers to handle claims for a national pool as they do for the Medicare program, any destabilization to the economy more broadly would be further minimized.
Big Data Analytics: What Can Go Wrong, Sharona Hoffman
Big Data Analytics: What Can Go Wrong, Sharona Hoffman
Faculty Publications
It is not uncommon to read that long-held beliefs about medical treatments have been dislodged by new studies. For example, there is now doubt as to whether women should undergo annual mammograms, previously a cornerstone of cancer screening. Hormone replacement therapy for menopausal women, once considered highly suspect in light of worrisome research findings, is now being reconsidered as a beneficial therapy. These reversals trouble and confuse many Americans.
This Article explores why medical research findings can be erroneous and what can go wrong in the process of designing and conducting research studies. It provides readers with essential analytical tools …
Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman
Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman
Faculty Publications
The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.
The Article explores the strengths and weaknesses of step therapy …
Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman
Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman
Faculty Publications
This chapter explores the benefits and limitations of personal health records (PHRs) as a tool to promote transparency in health care. A PHR can be defined as “an electronic application through which individuals can access, manage and share their health information . . . in a private, secure, and confidential environment.” PHRs can enhance efficiency, communication, data accuracy, and health outcomes. At the same time, they can disrupt the physician-patient relationship and raise liability concerns. For example, PHRs may induce patients and physicians to rely on electronic communication when office visits would be far more appropriate. The chapter analyzes the …
Faith-Based Emergency Powers, Noa Ben-Asher
Faith-Based Emergency Powers, Noa Ben-Asher
Faculty Publications
This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a leading legal strategy in the Culture Wars. This strategy involves carving faith-based exceptions to rights of women and LGBT people. The concept of Faith-Based Emergency Powers is developed in this Article through an analogy to the “War on Terror.” In the War on Terror, conservatives typically have taken the position that judges, legislators, and the public must defer to the President and the executive branch in matters involving national security. This argument …