Health Law and Policy Commons^™

Death By Textualism: The Nlrb's "Incidental To Patient Care" Supervisory Status Test For Charge Nurses , Edwin A. Keller_Jr

American University Law Review

No abstract provided.

After Farley V. Sartin: The Consequences Of Declaring A Nonviable Fetus A Person For The Purpose Of Wrongful Death, Stacie L. Lude

West Virginia Law Review

No abstract provided.

Funding Fairness: Public Investment, Proprietary Rights And Access To Health Care Technology, William M. Sage

Faculty Scholarship

In her accompanying Article, "Public Research and Private Development: Patents and Technology Transfer in Government-Sponsored Research," Professor Rebecca Eisenberg suggests that federal technology transfer policies should be reexamined in light of actual experience with patented technologies. Indeed, the relationship among federal research funding, patent law, and medical innovation has become more complicated in the years since the passage of the Bayh-Dole Act. Rising health care spending despite slowing overall economic growth has fostered the development of private sector managed care, has led to cutbacks in government support for both research and clinical services, and has increased the percentage of uninsured …

Update - October 1996, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Is Organ Reanimation a Better Mousetrap?
-- Reanimation of Dead Hearts
-- Reanimation Dialogue
-- James W. Walters publishes second book on ethics and aging

Immigrants, Immigration Law, And Tuberculosis, Sana Loue

Washington Law Review

Current U.S. immigration law provides for the exclusion of all aliens who are "determined ... to have a communicable disease of public health significance. In addition to numerous sexually transmitted diseases such as infectious syphilis and gonorrhea, "communicable diseases of public health significance" include infectious tuberculosis and human immunodeficiency virus (HIV). The first portion of this Article provides a brief overview of the history and epidemiology of tuberculosis, as well as the diagnosis and management of the disease. The Article next reviews current information on tuberculosis in immigrant populations and proceeds to a discussion of U.S. immigration processes relating to …

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Can Hmos Wield Market Power? Assessing Antitrust Liability In The Imperfect Market For Health Care Financing , Mark L. Glassman

American University Law Review

No abstract provided.

Democratizing Hmo Regulation To Enforce The "Rule Of Rescue", Kent G. Rutter

University of Michigan Journal of Law Reform

Despite heightened public concern about HMOs, misguided regulatory measures have not guaranteed HMO patients access to the treatment options many consider vital. This Note recommends four changes to the current regulatory system that would preserve HMOs' ability to control health care costs while allowing patients and doctors, rather than lawmakers or HMO administrators, to set health care priorities.

When Antitrust Fails: Public Health, Public Hospitals, And Public Values, Michael S. Jacobs

Washington Law Review

In the past few years, large operating deficits have led governmental authorities in several major cities to close, sell, or substantially reduce the services of their public hospitals.' These decisions portend the arrival of what the New York Times has called a "looming crisis" in health care for the urban poor and uninsured. Should this crisis unfold, many public health programs are likely to be casualties, including those designed to treat and prevent the spread of communicable disease. Among others, programs aimed at the so-called "new" (multidrug resistant) tuberculosis are especially vulnerable to these compelling budgetary constraints. Poor urban populations …

Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon

Washington Law Review

This Article examines the tension between protecting public health in light of personal liberty interests in the context of these :recent reforms. Legislative reform was initiated based on changes in the nature of TB itself. Part II of the Article briefly examines the nature of TB and its new, multidrug resistant strains as well as its local and global incidence. The transmissibility of TB from a clinical (medical) perspective is discussed because the modes of transmission are critical to determining the nature of the public health risk. The clinical relationship between TB and the human immunodeficiency virus (HIV) is noted, …

In Pursuit Of Health, Richard C. Reuben

Faculty Publications

Managed-care advocates praise its cost controls on treatments for beginning to tame the health care beast, which devoured nearly 14 percent of the nation's gross domestic product in 1994, according to the U.S. Department of Health and. Human Services. Such belt-tightening is necessary to allocate health care dollars rationally, advocates contend, pointing to direct patient costs as proof that a healthy balance has been achieved. But critics contend that managed care is more about making money than saving it. Even though costs have gone down, they argue, premiums have remained high and corporate profits have soared. More significantly, they charge …

The Genetic Privacy Act: A Proposal For National Legislation, Patricia Roche, Leonard H. Glantz, George J. Annas

Faculty Scholarship

Privacy is a major issue in medical law, and genetics is a major force in contemporary medical science. Nonetheless, the combination of these two fields has only recently been seen as central to both individual rights and medical progress. Disclosures in June of 1996 that White House officials had wrongly acquired and read FBI files of raw background checks of prominent Republicans reminded Americans that there is no such thing as a completely secure and secret file of personal information. Had these files contained DNA profiles or samples, they would have supplied additional information about the unsuspecting individuals-information that could …

Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler

Washington Law Review

This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …

Government Antitrust Enforcement In The Health Care Markets: The Regulators Need An Update, Gordon H. Copland, Pamela E. Hepp

West Virginia Law Review

No abstract provided.

Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook

West Virginia Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Update - July 1996, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Stress and Distress in Pediatric Nurses: The Hidden Tragedy of Baby K
-- Ethics Grand Rounds: The Year in Review
-- CEJA Reverses Its Stance on Using Anencephalic Neonates as Live Organ Donors
-- AMA Council's Ethics Overwhelmed by Public Sentiment

The Authority Of A Guardian To Commit An Adult Ward, David M. English

Faculty Publications

Placement in a mental health facility may be made through either a voluntary or involuntary commitment. Involuntary commitment usually requires a number of protective safeguards, including a court hearing, the appointment of counsel, and the meeting of a statutory criterion such as danger to self or others. Voluntary commitment is much more informal, with a written application and clinical assessment being all that is normally required. Most voluntary commitments are made upon application.of a patient who has the ability to give informed consent. But in a substantial number of states an individual also may be committed by his or her …

Introduction - Rural Healthcare: The Challenges Of A Changing Environment, J. Paul Newell

Mercer Law Review

I am delighted to be a part of these proceedings. Just to establish my biases, perhaps more than my credentials, you need to understand that I come to this task from three historical and shaping perspectives. The first is that of Family Medicine. I spent twenty-three years of my career in academic Family Medicine and continue to view that particular primary care discipline as the one best suited for providing patient access into the medical system, because of the broad base of training and education it provides for its graduates in the knowledge, skills, and attitudes needed to take care …

Rural Health Care And State Antitrust Reform, Michael S. Jacobs

Mercer Law Review

Now more than a hundred years old, the federal antitrust laws seek generally to promote and preserve business competition. Over the past twenty years, courts and regulatory agencies have applied this broad goal in a narrow economic sense, defining "competition" not as rivalry, for example, but as those forms of business activity most conducive to "consumer welfare." Consumer welfare, in this sense, is thought to be maximized when markets produce the greatest output of goods or services at the lowest prices with the widest range of consumer choice. For purposes of analysis, antitrust courts view all markets and market participants …

Privatization Of Rural Public Hospitals: Implications For Access And Indigent Care, Phyllis E. Bernard

Mercer Law Review

Public hospitals have long functioned as the primary source of acute care services in rural communities. Yet, just as the farm crisis and population shifts of the 1980s eroded the economic base of rural America, these same factors-coupled with changes in health care financing-have eroded the stability of rural hospitals. Many have closed or converted to subacute services. Other hospitals, facing the threat of future insolvency, inability to upgrade technology, loss of patient revenue base, or legal obstacles in forming cooperative networks with other providers, have opted to surrender their cumbersome governmental status to become leaner, private players in the …

When A Hospital Becomes Catholic, Lisa C. Ikemoto

Mercer Law Review

Mention of this topic-the potential elimination of health services resulting from a merger or affiliation between Catholic and non-Catholic hospitals-rarely triggers discussions about "community health." It does trigger comments about abortion' and First Amendment Free Exercise and Establishment concerns.2 Some have characterized the issues arising out of these alliances as "women's reproductive health" issues,' but few have described the issues in terms of community health. Perhaps the phrase, "women's reproductive health," suggests why. Women's health is often understood to be reproductive health, or as the narrower issue, abortion. Unfortunately, it seems to go without saying, that women's reproductive health is …

In The Matter Of Baby K: The Fourth Circuit Stretches Emtaia Even Further, Kevin T. Brown

Mercer Law Review

In 1994, the Fourth Circuit Court of Appeals reaffirmed its position on the applicability of the Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) when it decided In re Baby "K". Baby K, an anencephalic infant, was born in the hospital in October 1992. Anencephaly is a congenital malformation found in a very small number of infants in which a major portion of the brain, skull, and scalp are missing. One of the missing components of the brain is the cerebrum, which provides cognitive abilities and awareness and allows interaction with our surroundings. Baby K, therefore, lacked …

Compassion In Dying V. Washington: A Resolution To The "Jurisprudence Of Doubt" Enshrouding Physician-Assisted Suicide?, Stephen J. Tyde Jr.

Mercer Law Review

By affirming a district court decision holding Washington's criminal prohibition of assisted suicide unconstitutional, an en banc Ninth Circuit in Compassion in Dying v. Washington reversed a three judge panel decision and proffered the most reasoned and carefully drafted opinion yet in the battle surrounding terminally ill patients and their quest to legally pursue physician-assisted suicide. Three terminally ill patients, five physicians who treat terminally ill patients, and Compassion in Dying, an organization that provides counseling and assistance to mentally competent, terminally ill adults considering suicide, challenged the statute under the Due Process and Equal Protection Clauses of the Fourteenth …

Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow

University of Michigan Journal of Law Reform

President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …

Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel

Journal Articles

No abstract provided.

Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Real Ethic Of Death And Dying, Norman L. Cantor

Michigan Law Review

A Review of Peter Singer, Rethinking Life and Death

Mandatory Hiv Screening Of Newborns: A Proposition Whose Time Has Not Yet Come , Suzanne M. Malloy

American University Law Review

No abstract provided.

The Condom Crisis: An Application Of Feminist Legal Theory To Aids Prevention In African Women, Anne N. Arbuckle

Indiana Journal of Global Legal Studies

No abstract provided.