Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Burden of care (1)
- Business (1)
- Clinical trials (1)
- Ex parte communications (1)
- Federalism (1)
-
- Gender imbalances (1)
- Government (1)
- HIPAA (1)
- Health and memdicine (1)
- Health care law (1)
- Involuntary treatment laws (1)
- Law (1)
- Legislation (1)
- Policy assessment (1)
- Privacy (1)
- Protected Health Information (1)
- Public health regulatory framework (1)
- Research and information (1)
- Substance Use Disorder (1)
- Workers' compensation (1)
Articles 1 - 3 of 3
Full-Text Articles in Health Law and Policy
Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander
Disclosing Deviations: Using Guidelines To Nudge And Empower Physician-Patient Decision Making, Melissa Ballengee Alexander
Faculty Articles
Americans fail to receive recommended care roughly half the time, reflecting poor decision making that threatens their health. This Article offers an innovative solution: require physicians to disclose clinical practice guideline recommendations to patients during informed consent. Behavioral economics suggest that insisting physicians and patients discuss guidelines, before deviating from them, could be surprisingly effective at nudging more rational care choices. At the same time, such disclosure should also educate and empower patients, serving autonomy.
Previous scholarship on unwarranted variances in care has focused primarily on malpractice reforms, largely ignoring the role of cognitive bias and the importance of patients …
Deputizing Family: Loved Ones As A Regulatory Tool In The “Drug War” And Beyond, Matthew B. Lawrence
Deputizing Family: Loved Ones As A Regulatory Tool In The “Drug War” And Beyond, Matthew B. Lawrence
Faculty Articles
Many laws use family members as a regulatory tool to influence the decisions or behavior of their loved ones, i.e., they deputize family. Involuntary treatment laws for substance use disorder are a clear example; such laws empower family members to use information shared by their loved ones to petition to force their loved ones into treatment without consent. Whether such deputization is helpful or harmful for a patient’s health is a crucial and dubious question discussed in existing literature, but use of family members as a regulatory tool implicates important considerations beyond direct medical impacts that have not been as …
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
Faculty Articles
This Article is the first to address the challenges of federalism in protecting medical privacy in workers’ compensation after the promulgation of the HPR and to propose legal change. The Article argues that workers’ compensation programs must align with the federal privacy protections of the HPR and proposes actions for the U.S. Department of Health and Human Services (HHS) and states to remedy departures. Part I discusses the complex relationship between the HPR and workers’ compensation. This relationship is often misunderstood by legislatures and courts, compounding the challenges of federalism in this area. Specifically, Part I addresses the HPR’s § …