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Full-Text Articles in Law

The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank A. Pasquale Oct 2014

The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Law & Healthcare Newsletter, V. 22, No. 1, Fall 2014 Oct 2014

Law & Healthcare Newsletter, V. 22, No. 1, Fall 2014

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2014 Oct 2014

Mid-Atlantic Ethics Committee Newsletter, Fall 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Newsletter Fall 2014 Oct 2014

Newsletter Fall 2014

Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 21, No. 2, Spring 2014 Apr 2014

Law & Health Care Newsletter, V. 21, No. 2, Spring 2014

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2014 Apr 2014

Mid-Atlantic Ethics Committee Newsletter, Spring 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Newsletter Spring 2014 Apr 2014

Newsletter Spring 2014

Newsletter

No abstract provided.


Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck Jan 2014

Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck

Maryland Law Review

No abstract provided.


Setting The Stage: Enhancing Understanding Of Bioethical Challenges With Theatre, Karen H. Rothenberg Jan 2014

Setting The Stage: Enhancing Understanding Of Bioethical Challenges With Theatre, Karen H. Rothenberg

Faculty Scholarship

Theatre provides a dynamic platform to reflect upon the ethical, legal, and social implications of medical innovations and the powerful impact on personal and professional relationships. This article explores the last four to five decades of theatre, which coincide with the evolution of the formal discipline of bioethics and the field of medical humanities, to aid in the understanding of the bioethical challenges we face today and to place them in an historical and societal context. Four plays are discussed that reflect the ethical and legal context of their eras and reveal significant ethical challenges for us to consider.


Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz Jan 2014

Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz

Faculty Scholarship

In 2007, the National Institutes of Health (NIH) launched the Human Microbiome Project (HMP), a $150 million initiative to characterize the microbial communities found at several different sites on the human body and to analyze the role of these microbes in human health and disease. Many lines of research have demonstrated the significant role of the microbiota in human physiology. The microbiota is involved, for example, in the healthy development of the immune system, prevention of infection from pathogenic or opportunistic microbes, and maintenance of intestinal barrier function. The HMP findings are helping us understand the role and variation of …


Private Certifiers And Deputies In American Health Care, Frank A. Pasquale Jan 2014

Private Certifiers And Deputies In American Health Care, Frank A. Pasquale

Faculty Scholarship

So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up to statutory or regulatory standards. Via deputization, firms can pursue a regulatory or law enforcement role to correct (and even punish) providers …


Redescribing Health Privacy: The Importance Of Health Policy, Frank A. Pasquale Jan 2014

Redescribing Health Privacy: The Importance Of Health Policy, Frank A. Pasquale

Faculty Scholarship

Current conversations about health information policy often tend to be based on three broad assumptions. First, many perceive a tension between regulation and innovation. We often hear that privacy regulations are keeping researchers, companies, and providers from aggregating the data they need to promote innovation. Second, aggregation of fragmented data is seen as a threat to its proper regulation, creating the risk of breaches and other misuse. Third, a prime directive for technicians and policymakers is to give patients ever more granular methods of control over data. This article questions and complicates those assumptions, which I deem (respectively) the Privacy …


Perspectives On Outpatient Commitment, Richard C. Boldt Jan 2014

Perspectives On Outpatient Commitment, Richard C. Boldt

Faculty Scholarship

No abstract provided.


Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank A. Pasquale, Tara Adams Ragone Jan 2014

Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank A. Pasquale, Tara Adams Ragone

Faculty Scholarship

This Article examines how new technologies generate privacy challenges for both healthcare providers and patients, and how American health privacy laws may be interpreted or amended to address these challenges. Given the current implementation of Meaningful Use rules for health information technology and the Omnibus HIPAA Rule in health care generally, the stage is now set for a distinctive law of “health information” to emerge. HIPAA has come of age of late, with more aggressive enforcement efforts targeting wayward healthcare providers and entities. Nevertheless, more needs to be done to assure that health privacy and all the values it is …


Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford Jan 2014

Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford

Journal of Health Care Law and Policy

No abstract provided.


Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer Jan 2014

Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer

Journal of Health Care Law and Policy

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Winter 2014 Jan 2014

Mid-Atlantic Ethics Committee Newsletter, Winter 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark Jan 2014

Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark

Journal of Health Care Law and Policy

No abstract provided.


The Medicaid Gamble, Ann Marie Marciarille Jan 2014

The Medicaid Gamble, Ann Marie Marciarille

Journal of Health Care Law and Policy

No abstract provided.


Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart Jan 2014

Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart

Journal of Health Care Law and Policy

No abstract provided.


Later School Start Times In Adolescence: Time For A Change, Paul Kelley, Clark Lee Jan 2014

Later School Start Times In Adolescence: Time For A Change, Paul Kelley, Clark Lee

Homeland Security Publications

This briefing paper summarizes the latest research on the subject of chronic sleep deprivation on education and health in adolescents, explores policy options to address this education and public health issue, and sets forth the recommendation that education start times be adjusted appropriately for U.S adolescents.


The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland Jan 2014

The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland

Journal of Business & Technology Law

No abstract provided.


Gel, Acrylic, Or Shellac: The Impact Of Southeast And East Asian Immigrant Nail Salon Workers On The Health Care System, Kelsey-Anne Fung Jan 2014

Gel, Acrylic, Or Shellac: The Impact Of Southeast And East Asian Immigrant Nail Salon Workers On The Health Care System, Kelsey-Anne Fung

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.