Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Maryland Francis King Carey School of Law (36)
- Himmelfarb Health Sciences Library, The George Washington University (31)
- Case Western Reserve University School of Law (21)
- Loyola University Chicago, School of Law (21)
- St. Mary's University (16)
-
- Selected Works (12)
- University of Kentucky (12)
- Cleveland State University (10)
- University of San Diego (9)
- Boston University School of Law (7)
- UIC School of Law (7)
- University of Michigan Law School (7)
- University of South Florida (7)
- American University Washington College of Law (6)
- Georgetown University Law Center (6)
- Duke Law (5)
- University at Buffalo School of Law (5)
- The Catholic University of America, Columbus School of Law (4)
- Vanderbilt University Law School (4)
- Maurer School of Law: Indiana University (3)
- University of Missouri School of Law (3)
- University of Pittsburgh School of Law (3)
- Washington and Lee University School of Law (3)
- Saint Louis University School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- Seattle University School of Law (2)
- SelectedWorks (2)
- Texas A&M University School of Law (2)
- University of Baltimore Law (2)
- University of Washington School of Law (2)
- Keyword
-
- Children (15)
- Health care (13)
- St. Mary’s Law Journal (12)
- Health law (11)
- Public health (11)
-
- St. Mary’s University School of Law (11)
- Genetics (8)
- Ethics (7)
- Bioethics and Law (5)
- Health & Biotechnology (5)
- Mediation (5)
- Medicaid (5)
- Bioethics (4)
- Grimes v. Kennedy Krieger Institute (4)
- Inc. (4)
- Legal malpractice (4)
- Legislation (4)
- Managed care organizations (4)
- Medicare (4)
- Bioterrorism (3)
- Breach of duty (3)
- Conflict of interest (3)
- Conflict resolution (3)
- Dispute resolution (3)
- ERISA (3)
- Food and Drug Administration Modernization Act of 1997 (3)
- Health (3)
- Health insurance (3)
- Healthcare (3)
- Individuals with disabilities education act (3)
- Publication
-
- Journal of Health Care Law and Policy (28)
- National Health Policy Forum (27)
- Health Matrix: The Journal of Law-Medicine (20)
- St. Mary's Law Journal (16)
- Faculty Scholarship (15)
-
- Annals of Health Law and Life Sciences (11)
- Kentucky Law Journal (10)
- Journal of Law and Health (9)
- San Diego Law Review (9)
- Mental Health Law & Policy Faculty Publications (7)
- American University Law Review (6)
- Articles (6)
- Georgetown Law Faculty Publications and Other Works (6)
- All Faculty Scholarship (5)
- Charles H. Baron (5)
- Duke Law & Technology Review (5)
- Faculty Publications (5)
- Public Interest Law Reporter (5)
- UIC Law Review (4)
- Articles by Maurer Faculty (3)
- Buffalo Women's Law Journal (3)
- Loyola Consumer Law Review (3)
- Michigan Law Review (3)
- Scholarly Articles (3)
- Buffalo Public Interest Law Journal (2)
- Center for Health Policy Research (2)
- Faculty Publications & Other Works (2)
- Francine T. Sherman (2)
- Health Policy and Management Issue Briefs (2)
- Journal of Contemporary Health Law & Policy (1985-2015) (2)
- Publication Type
- File Type
Articles 1 - 30 of 271
Full-Text Articles in Law
Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron
Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron
Charles H. Baron
No abstract provided.
Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron
Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron
Charles H. Baron
No abstract provided.
Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati
Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati
Duke Law & Technology Review
This iBrief discusses some of the social, ethical and legal considerations surrounding the use of unimplanted, in vitro embryos in stem cell research. It proposes that a new ethical standard be elucidated for these embryos. The iBrief gives an overview of two proposals for such a standard at opposite ends of the spectrum: treating the in vitro embryo as a legal person versus treating it as mere property. It argues against both approaches. The former can have undesirable social implications including undue interference with female reproductive autonomy, while the latter would objectify potential human life and reproductive potential. The iBrief …
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Faculty Scholarship
States may have more freedom to regulate the practices of managed-care organizations than many observers previously believed. In the absence of congressional action on the federal Bipartisan Patient Protection Act, the primary source of patient-protection legislation remains at the state level. Nevertheless, the federal Employee Retirement Income Security Act (ERISA) of 19742restricts state regulation of health maintenance organizations (HMOs) that serve private employee group health plans. On June 20, 2002, the U.S. Supreme Court, in Rush Prudential HMO, Inc. v. Moran, upheld an Illinois state law that requires binding independent external review when an HMO disagrees with the …
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker
Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker
Duke Law & Technology Review
As best we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.
Depression: A Decade Of Progress, More To Do, Veronica V. Goff
Depression: A Decade Of Progress, More To Do, Veronica V. Goff
National Health Policy Forum
This issue brief discusses the most recent findings on depression prevalence and cost; examines trends in outpatient treatment, including the dramatic growth in antidepressant use; discusses efforts to improve treatment in primary care; and explores possible public policy avenues for improving treatment access and quality.
Keynote Address, Painting It Pink Is Not Enough, Francine Sherman
Keynote Address, Painting It Pink Is Not Enough, Francine Sherman
Francine T. Sherman
No abstract provided.
U.S. Childhood Vaccine Availability: Legal, Regulatory, And Economic Complexities, Robin J. Strongin
U.S. Childhood Vaccine Availability: Legal, Regulatory, And Economic Complexities, Robin J. Strongin
National Health Policy Forum
Despite the vital role they play in public health, childhood vaccines travel a complicated road from laboratory to provider and patient. From the fall of 2000 until well into 2002, a combination of factors, including market dynamics, legal challenges, and regulatory hurdles, led to a shortage of some childhood vaccines. This paper examines each of these factors, focusing on the important roles of both the public and the private sectors.
Prescription Drugs In Nursing Homes: Managing Costs And Quality In A Complex Environment, Dan Mendelson, Rajeev Ramchand, Richard Abramson, Anne Tumlinson
Prescription Drugs In Nursing Homes: Managing Costs And Quality In A Complex Environment, Dan Mendelson, Rajeev Ramchand, Richard Abramson, Anne Tumlinson
National Health Policy Forum
This issue brief provides a description of prescription drug use in nursing homes and a summary of policy issues in this area. It first profiles the nursing home pharmaceutical market, outlining the major trends in demographics and drug utilization, the supply chain by which drugs go from manufacturers to pharmacies to nursing home residents, and the alternative arrangements by which prescription drugs in nursing homes are financed. The paper then provides a synopsis of current policy issues, focusing in turn on cost containment and quality improvement initiatives.
The Medicare And Medicaid Intersection: Caring For Arizona's Seniors, Nora Super, Lisa Sprague, Judith D. Moore
The Medicare And Medicaid Intersection: Caring For Arizona's Seniors, Nora Super, Lisa Sprague, Judith D. Moore
National Health Policy Forum
This site visit to Phoenix examined the interplay between Medicare and Medicaid and how payment streams and regulatory requirements affect the delivery of health and long-term care services. The visit explored trends related to Medicare+Choice plan participation, physician acceptance of Medicare patients, and care management for individuals with chronic illnesses, such as Alzheimer’s disease. It also considered Arizona’s capitated Medicaid long-term care program, which recently implemented competitive bidding among plans in Maricopa County.
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Michigan Law Review
The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …
Mid-Atlantic Ethics Committee Newsletter, Fall 2002
Mid-Atlantic Ethics Committee Newsletter, Fall 2002
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Unwarranted Variations In The Quality Of Health Care: Can The Law Help Medicine Provide A Remedy/Remedies?, Philip G. Peters Jr., John E. Wennberg M.D.
Unwarranted Variations In The Quality Of Health Care: Can The Law Help Medicine Provide A Remedy/Remedies?, Philip G. Peters Jr., John E. Wennberg M.D.
Faculty Publications
This article reviews the essential findings of studies of variations in quality of care according to three categories of care: effective care, preference-sensitive care, and supply-sensitive care. It argues that malpractice liability and informed consent laws should be based on standards of practice that are appropriate to each category of care. In the case of effective care, the legal standard should be that virtually all of those in need should receive the treatment, whether or not it is currently customary to provide it. In the case of preference-sensitive care, the law should recognize the failure of the doctrine of informed …
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney
Faculty Scholarship
This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …
Running On Empty: The State Budget Crisis Worsens, Randy Desonia
Running On Empty: The State Budget Crisis Worsens, Randy Desonia
National Health Policy Forum
This issue brief reviews the status of state budget shortfalls and their growing impact on the Medicaid program. It describes the magnitude of the shortfalls, the forces behind them, and how states have responded with spending cuts and tax increases. It also discusses how long the budget crisis is expected to continue and what budget balancing options remain for fiscal year 2003.
Medigap: Prevalence, Premiums, And Opportunities For Reform, Nora Super
Medigap: Prevalence, Premiums, And Opportunities For Reform, Nora Super
National Health Policy Forum
This issue brief provides an overview of Medicare's coverage gaps and the primary sources of supplemental coverage for Medicare beneficiaries. It focuses particularly on the Medigap market: the effects of standardization, recent premium trends and rating practices, and options for reform. It considers Medigap within the context of Medicare prescription drug proposals and efforts to reform the entire Medicare program.
Genetic Testing In The Workplace: The Employer’S Coin Toss, Samantha French
Genetic Testing In The Workplace: The Employer’S Coin Toss, Samantha French
Duke Law & Technology Review
A toss of the coin by the modern-day employer reveals two options regarding genetic testing in the workplace. The employer may choose to take advantage of increasingly precise, available, and affordable genetic testing in order to ascertain the genetic characteristics - and deficiencies - of its employees. This outcome exposes the employer to a vast array of potential litigation and liability relating to the Americans with Disabilities Act, the Fourth Amendment, Title VII of the Civil Rights Act, and state legislation designed to protect genetic privacy. Alternatively, the employer may neglect to indulge in this trend of genetic testing and …
Parens Patriae: Protecting Our Children Or Crossing The Line? The Lingering Smoke Debate, Tonia Ettinger
Parens Patriae: Protecting Our Children Or Crossing The Line? The Lingering Smoke Debate, Tonia Ettinger
Buffalo Women's Law Journal
No abstract provided.
The "Unborn Child" Regulation: An Inefficient Legal Approach To Providing Prenatal Care, Bethany J. Gilbert
The "Unborn Child" Regulation: An Inefficient Legal Approach To Providing Prenatal Care, Bethany J. Gilbert
Buffalo Women's Law Journal
No abstract provided.
From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania
From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania
Buffalo Women's Law Journal
No abstract provided.
Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie
Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie
Buffalo Public Interest Law Journal
No abstract provided.
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Buffalo Public Interest Law Journal
No abstract provided.
State Eligibility Rules Under Separate State Schip Programs--Implications For Children's Access To Health Care, Sara Rosenbaum, Anne Rossier Markus
State Eligibility Rules Under Separate State Schip Programs--Implications For Children's Access To Health Care, Sara Rosenbaum, Anne Rossier Markus
Health Policy and Management Issue Briefs
This Policy Brief is the fourth in a series of reports1 issued by the George Washington University Center for Health Services Research and Policy that examine the design of separately-administered State Children’s Health Insurance Programs (SCHIP) that is, programs that operate directly under the authority of the federal SCHIP statute rather than expansions of state Medicaid programs.2 These Policy Briefs also consider the implications of states’ design choices for children’s access to health care.
Law & Health Care Newsletter, V. 10, No. 1, Fall 2002
Law & Health Care Newsletter, V. 10, No. 1, Fall 2002
Law & Health Care Newsletter
No abstract provided.
Expanding Health Coverage For The Uninsured: Fundamentals Of The Tax Credit Option, Beth Fuchs, Julie James
Expanding Health Coverage For The Uninsured: Fundamentals Of The Tax Credit Option, Beth Fuchs, Julie James
National Health Policy Forum
This paper seeks to provide the basics for understanding the current debate over tax credits as a vehicle for reducing the number of uninsured Americans and focuses attention on some of the associated issues: How is health insurance treated under current tax law? Why tax credits and not deductions? What are the major issues in designing tax credits? Who should be eligible and for what size credit? What changes, if any, would be needed to the insurance market to ensure that policies are available and affordable for people eligible for tax credits? What are the major issues related to administering …
Schip Turns Five: Taking Stock, Moving Ahead, Jennifer Ryan
Schip Turns Five: Taking Stock, Moving Ahead, Jennifer Ryan
National Health Policy Forum
This issue brief notes the five-year anniversary of the effective date of Title XXI of the Social Security Act, the State Children's Health Insurance Program (SCHIP). It looks at the successes of the program, as well as some of the obstacles SCHIP will face as it moves from childhood into adolescence and attempts to maintain its effectiveness in providing health coverage to uninsured children and families. The paper explores the critical funding impasse created by the downturns in the economy and the financing structure of the SCHIP statute. It also highlights the emerging issue of program retention and the need …
Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro
Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro
American University Law Review
No abstract provided.
Customizing Conception: A Survey Of Preimplantation Genetic Diagnosis And The Resulting Social, Ethical, And Legal Dilemmas, Jason Christopher Roberts
Customizing Conception: A Survey Of Preimplantation Genetic Diagnosis And The Resulting Social, Ethical, And Legal Dilemmas, Jason Christopher Roberts
Duke Law & Technology Review
One in six American couples experience difficulties conceiving a child. With fertility rates at an all time low, the business of treating infertility is booming. However, due to the United States prohibition on government funding for embryonic research, the $4 billion industry of assisted reproductive technologies (ART) has been incompletely monitored and largely removed from oversight. Additionally, due to the fervent abortion debate, in vitro fertilization (IVF) was introduced in the United States without a research phase and procedures have been forced to evolve in the private sector. Thus, the checks and balances on medical innovation that are generally imposed …