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Articles 1 - 30 of 61
Full-Text Articles in Law
Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom
Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom
Scott M Engstrom
Although HIV has qualified as a disability under the Americans with Disabilities Act (“ADA”) ever since the Supreme Court’s 1998 decision in Bragdon v. Abbott, the ADA’s “direct threat” defense has been broadly used and interpreted expansively. Although many sub-categories of individuals with HIV have meritorious legal issues that demand analysis, the complexities of the medical profession coupled with HIV’s stigma have rendered confidentiality and disclosure issues ripe in that field. For the purpose of this note I have grouped together all individuals who provide medical services into a class which I call “Medical Care Workers” or “MCWs.” More specifically, …
Proceed With Caution: Matters To Consider For Business Lawyers Transitioning Into Health Care, Craig B. Garner
Proceed With Caution: Matters To Consider For Business Lawyers Transitioning Into Health Care, Craig B. Garner
Craig B. Garner
While the subject of health care law makes headlines daily across the nation, there is still a sizeable chasm between health care lawyers and their business counterparts. Sometimes complicated, health care law is by no means exclusive, and opportunities abound for an able practitioner. Notwithstanding, in today’s climate of reform it is essential that those practicing American health care law honor and obey the hierarchy surrounding its discipline as it struggles to stay afloat amid a rising tide of constitutional, partisan and fiscal challenges. In most states, attorneys are mindful that when venturing into areas of law outside their usual …
The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian
The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian
Ziona Austrian
This report analyzes the potential impact of a proposed paid sick and family care leave legislation on the economy of the state of Ohio, the economic development prospects of the state and on the management of production processes that depend on highly integrate teams. The report also reviews the literature on the effect of mandated paid sick and family care leave on the industrial relations system—workplace performance and worker retention. Our analysis concludes that there would have been a net cost associated with the paid sick leave and family-care initiative proposed in Ohio with a lower bound estimate of $63.84 …
Symposium: Comments On Panel 2, Peter Jaszi
Inter-American System: Opportunities For Women's Rights, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Claudio Grossman
Claudio M. Grossman
No abstract provided.
Equality Standards For Health Insurance Coverage: Will The Mental Health Parity And Addiction Equity Act End The Discrimination?, Ellen M. Weber
Equality Standards For Health Insurance Coverage: Will The Mental Health Parity And Addiction Equity Act End The Discrimination?, Ellen M. Weber
Ellen M. Weber
Congress enacted the Mental Health Parity and Addiction Equity Act in 2008 to end discriminatory health insurance coverage for persons with mental health and substance use disorders in large employer health plans. Adopting a comprehensive regulatory approach akin to other civil rights laws, the Parity Act requires “equity” in all plan features, including cost-sharing, durational limits and, most critically, the plan management practices that are used to deny many families medically necessary behavioral health care. Beginning in 2014, all health plans regulated by the Affordable Care Act must also comply with parity standards, effectively ending the second-class insurance status of …
Civil Legal Needs Of Individuals In Drug Treatment, Ellen M. Weber, Rachel C. Grunberger, Kevin E. O'Grady, Amelia M. Arria
Civil Legal Needs Of Individuals In Drug Treatment, Ellen M. Weber, Rachel C. Grunberger, Kevin E. O'Grady, Amelia M. Arria
Ellen M. Weber
No abstract provided.
Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber
Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber
Ellen M. Weber
No abstract provided.
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Ellen M. Weber
States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …
Advancing Public Health Through The Law: The Role Of Legal Academics: Workshop Report, Leo Beletsky, Wendy E. Parmet, Scott C. Burris
Advancing Public Health Through The Law: The Role Of Legal Academics: Workshop Report, Leo Beletsky, Wendy E. Parmet, Scott C. Burris
Wendy E. Parmet
The July 2012 workshop Advancing Public Health Through the Law: the Role of Legal Academics was funded by The Robert Wood Johnson Foundation's Public Health Law Research Program and convened by the Northeastern University School of Law Program on Health Policy and Law. The workshop brought together nationally recognized public health legal scholars, public health practitioners and advocates, and representatives of grant-making insituttions. Through interactive exercises and discussions, participants explored the value that legal doctrine and practice add to public health and ways to strengthen public health law's engagement with public health practice. The convening of this workshop was motivated …
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat., Nadia N. Sawicki
Nadia N. Sawicki
No abstract provided.
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki
Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki
Nadia N. Sawicki
No abstract provided.
60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner
60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner
Craig B. Garner
In February the Centers for Medicare & Medicaid Services (“CMS”) clarified an oft quoted existing rule: Providers must return overpayments to Medicare within 60 days “after the date on which the overpayment was identified,” or in the alternative, “the date any corresponding cost report is due, if applicable.” For providers of any size, failure to report and return Medicare overpayments pursuant to these temporal requirements may result in potential liability under the Federal False Claims Act, resulting in substantial monetary penalties and the risk of being denied future claims for reimbursement. The systemic problems facing the Medicare system today should …
Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson
Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson
Scott Dodson
This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.
Beyond Externships: Health Law Co-Ops, Wendy E. Parmet
Beyond Externships: Health Law Co-Ops, Wendy E. Parmet
Wendy E. Parmet
Based on a presentation at the Law, Medicine and Health Care section meeting at the Annual Meeting of the AALS in January 2012, this paper describes the impact that co-ops have for health law students and faculty. Co-ops are the four 10 to 11 week full-time legal placements that Northeastern University School of Law requires of all J.D. students. Although co-ops are not unique to health law, they are especially valuable to health law students, providing them with the opportunity to experience multiple practice settings. This varied experience can be especially useful for students entering a field as broad as …
Lessons From Laboratories Corp. Of America Holdings V. Metabolite Laboratories, Inc., Cynthia M. Ho
Lessons From Laboratories Corp. Of America Holdings V. Metabolite Laboratories, Inc., Cynthia M. Ho
Cynthia M Ho
This article provides reflections on the scope of patentable subject matter, using the Supreme Court's recent consideration of Laboratory Corp. of America Holdings v. Metabolite Laboratories,Inc. as a springboard for discussion. A brief introduction to the case and the current standard of patentable subject matter are provided as a backdrop for discussion of the role of patentable subject matter in the overall scheme of patentability and patent enforcement. In addition, this article addresses potential repercussions of the case within the judicial and legislative arenas. This article concludes byoffering some broad-based issues for consideration, including both domestic and international implications.
Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum
Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum
John D. Blum
No abstract provided.
A Revisionist Model Of Hospital Licensure., John D. Blum
A Revisionist Model Of Hospital Licensure., John D. Blum
John D. Blum
This article explores the use of a new governance approach in the context of American acute care hospital regulation, specifically focusing on the core regulatory process of licensure. This article calls for the alteration of current command and control regulations through the adoption of a four-part revisionist licensing model. The model seeks to reinvigorate the licensing process by making it not only more relevant to efficient operations, but also adaptable to current industry challenges. Based generally on alternative regulatory models such as responsive regulation, meta-regulation, and management-based regulation, the revisionist licensing proposal is driven by the broad goals of bureaucratic …
Efficiencies In Health Care Regulation: Observations Near And Far., John D. Blum
Efficiencies In Health Care Regulation: Observations Near And Far., John D. Blum
John D. Blum
No abstract provided.
New Governance And Health Care Regulation., John D. Blum
New Governance And Health Care Regulation., John D. Blum
John D. Blum
No abstract provided.
Combating Those Ugly Medical Errors – It’S Time For A Hospital Regulatory Makeover, John D. Blum
Combating Those Ugly Medical Errors – It’S Time For A Hospital Regulatory Makeover, John D. Blum
John D. Blum
No abstract provided.
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
Hospital-Medical Staff Relations In The Face Of Shifting Institutional Business Strategies: A Legal Analysis, John D. Blum
John D. Blum
This Article will explore, from a legal perspective, the dynamics of the changing relationships between hospitals and their medical staffs. Specifically, the Article will discuss hospital strategies for maximizing the efficiency of their medical staff operations. In this regard, the discussion will encompass two general areas: (1) the use of agreements and policies that restrict access to medical staff membership; and, (2) the development of economic criteria to assess physicians for appointment and reappointment to medical staffs. Both of these general areas of discussion entail significant legal issues that have never been extensively explored and hold the potential to reshape …
The Quagmire Of Hospital Governance., John D. Blum
Justice For Girls: Are We Making Progress?, Francine Sherman
Justice For Girls: Are We Making Progress?, Francine Sherman
Francine T. Sherman
Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the …
Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong
Restoring Legal Immigrants' State Health Insurance- The Finch Case, Wendy E. Parmet, Lorianne Sainsbury-Wong
Wendy E. Parmet
In Finch v. Commonwealth Insurance Connector Authority, 461 Mass. 232 (2012), the Massachusetts Supreme Judicial Court held that a 2009 law barring a class of legal immigrants from a state funded health insurance program for low income adults violated the state Constitution. This article presents our perspective as plaintiff’s counsel. We focus on the pragmatic issues that we confronted as we considered whether or not to pursue litigation, and the forum and claims to pursue.
Erisa, Agency Costs, And The Future Of Healthcare In The United States Erisa, Agency Costs, And The Future Of Healthcare In The United States, John Bronsteen
Erisa, Agency Costs, And The Future Of Healthcare In The United States Erisa, Agency Costs, And The Future Of Healthcare In The United States, John Bronsteen
John Bronsteen
No abstract provided.
Syringe Confiscation As An Hiv Risk Factor: The Public Health Implications Of Arbitrary Policing In Tijuana And Ciudad Juarez, Mexico, Leo Beletsky, Remedios M. Lozada, Tommi Gaines, Daniela Abramovitz, Hugo Staines, Alicia Vera, Gudelia Rangel, Steffanie Strathdee, Jaime Arredondo
Syringe Confiscation As An Hiv Risk Factor: The Public Health Implications Of Arbitrary Policing In Tijuana And Ciudad Juarez, Mexico, Leo Beletsky, Remedios M. Lozada, Tommi Gaines, Daniela Abramovitz, Hugo Staines, Alicia Vera, Gudelia Rangel, Steffanie Strathdee, Jaime Arredondo
Leo Beletsky
Female sex workers who inject drugs (FSW-IDUs) face elevated risk for HIV/STIs and constitute a key population for public health prevention. Through direct and indirect pathways including human rights violations, policing practices like syringe confiscation can compound FSW-IDU health risk and facilitate the spread of disease. We studied correlates of experiencing syringe confiscation among FSW-IDUs in northern Mexico, where formal policy allows for syringes to be available over-the-counter without a prescription, but police practices are often at odds with the law. FSW-IDUs reporting recent syringe sharing and unprotected sex with clients in Tijuana and Ciudad Juarez were administered surveys and …
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
Gabriel O Aitsebaomo
This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …
Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff
Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff
Mary J. Shariff
This paper unpacks the slippery slope argument as it pertains to assisted death. The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that …
Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet
Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet
Wendy E. Parmet
This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.