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Articles 1 - 30 of 113
Full-Text Articles in Health Law and Policy
Death By Textualism: The Nlrb's "Incidental To Patient Care" Supervisory Status Test For Charge Nurses , Edwin A. Keller_Jr
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
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.
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
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 …
Can Hmos Wield Market Power? Assessing Antitrust Liability In The Imperfect Market For Health Care Financing , Mark L. Glassman
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
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
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
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, …
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
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
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
Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook
West Virginia Law Review
No abstract provided.
Introduction - Rural Healthcare: The Challenges Of A Changing Environment, J. Paul Newell
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
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
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
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
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.
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
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 …
The Real Ethic Of Death And Dying, Norman L. Cantor
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
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
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.
Farley V. Sartin: Viability Of A Fetus No Longer Required For Wrongful Death Liability, Robin C. Hewitt
Farley V. Sartin: Viability Of A Fetus No Longer Required For Wrongful Death Liability, Robin C. Hewitt
West Virginia Law Review
No abstract provided.
Related Services Under The Individuals With Disabilities Educational Act: Health Care Services For Students With Complex Health Care Needs, Ann Rozycki
Brigham Young University Education and Law Journal
No abstract provided.
The Marshfield Clinic Case: The Sound Of A Broken Record, Kevin Mcdonald
The Marshfield Clinic Case: The Sound Of A Broken Record, Kevin Mcdonald
Annals of Health Law and Life Sciences
Defense counsel for Marshfield Clinic explains why he believes the trial court record was inadequate to support the plaintiffs' claims and offers an insider's perspective on Judge Posner's opinion.
Investigational Treatments: Coverage, Controversy, And Consensus, Mary Ader
Investigational Treatments: Coverage, Controversy, And Consensus, Mary Ader
Annals of Health Law and Life Sciences
Medical and legal controversies surrounding payment for investigative treatments abound. The debate should be moved from the legal to the medical arena, and health plans should support the quest for scientific evidence by contributing to well-conceived clinical trials in appropriate circumstances.
Legal And Political Issues Facing Telemedicine, Kathleen M. Vyborny
Legal And Political Issues Facing Telemedicine, Kathleen M. Vyborny
Annals of Health Law and Life Sciences
The emergence of telemedicine-medical diagnosis and treatment via telecommunications-offers the promise of reduced cost, improved patient outcomes, and greater access to quality medical care. But a variety of legal barriers to telemedicine must be addressed to assure its effective use.
Equicare: A Model For Quality Health Care And Consumer Choice In State Health System Reform, Lois Snyder
Equicare: A Model For Quality Health Care And Consumer Choice In State Health System Reform, Lois Snyder
Annals of Health Law and Life Sciences
Equicare is a proposed market-based, proconsumer approach to state health care reform. While it was developed for a gubernatorial primary race in Pennsylvania, it addresses problems that arise in every state, including incomplete access, inadequacies in public programs, and inefficiencies in care.
Rights Of The Terminally Ill Patient, John Hodgson
Rights Of The Terminally Ill Patient, John Hodgson
Annals of Health Law and Life Sciences
An examination of the rights in the United Kingdom of terminally ill patients, both competent and incompetent, shows the struggle courts face.
National Repositories Of Information: A Comparison Of The National Practitioner Data Bank In The United States And The National Confidential Enquiry Into Perioperative Deaths In The United Kingdom, Gail Daubert
Annals of Health Law and Life Sciences
Both the United States and the United Kingdom have created national data banks intended to improve the quality of medical care by identifying and reducing medical errors. A comparison of the United States' National Practitioner Data Bank to the United Kingdom's National Confidential Enquiry into Perioperative Deaths sheds insight on how well these goals are being met.
Causation Issues In Medical Malpractice: A United Kingdom Perspective, Marc S. Stauch
Causation Issues In Medical Malpractice: A United Kingdom Perspective, Marc S. Stauch
Annals of Health Law and Life Sciences
In the United Kingdom, the most difficult aspect of proving a medical malpractice claim may be establishing causation-the link between the medical professional's breach of duty and the patient's damages. Because the traditional "but for" test unfairly burdens the plaintiff, a rule such as the "loss of chance" doctrine would be more equitable.
Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos
Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos
Loyola University Chicago Law Journal
No abstract provided.