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Articles 1 - 30 of 57
Full-Text Articles in Health Law and Policy
Funding Fairness: Public Investment, Proprietary Rights And Access To Health Care Technology, William M. Sage
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 …
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
In Pursuit Of Health, Richard C. Reuben
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
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 …
Mid-Atlantic Ethics Committee Newsletter, Summer 1996
Mid-Atlantic Ethics Committee Newsletter, Summer 1996
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
The Authority Of A Guardian To Commit An Adult Ward, David M. English
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 …
Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel
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
Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
The Use Of Respite In Crisis Emergency Services: A Two Year Analysis, Anne D. Kuppinger, Mary E. Evans, Roger A. Boothroyd, Marleen Radigan
The Use Of Respite In Crisis Emergency Services: A Two Year Analysis, Anne D. Kuppinger, Mary E. Evans, Roger A. Boothroyd, Marleen Radigan
Mental Health Law & Policy Faculty Publications
Respite care is widely believed to be an important service for families raising a child with a disability. All caregivers need a break from time to time, and the need may be even greater when the caregiver is coping with the additional stress associated with a child's disability. A number of studies have demonstrated that respite care can improve family functioning (Cohen, 1982), reduce stress (Rimmerman, 1989; Wickler & Hanusa, 1990; Appoloni & Triest, 1983), and delay out-of-home placement (Cohen, 1982; Upshur, 1982) for families with a child who has a disability.
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Faculty Scholarship
No abstract provided.
Integrating Indian Health Programs Into Medicaid Managed Care Systems, Part 2, Sara J. Rosenbaum, Ann Zuvekas
Integrating Indian Health Programs Into Medicaid Managed Care Systems, Part 2, Sara J. Rosenbaum, Ann Zuvekas
Center for Health Policy Research
The Indian Health Service (IHS), recognizing that state Medicaid programs are rapidly purchasing managed care plans for their beneficiaries and that managed care enrollment has significant implications for both Indians and Indian health facilities, convened this Roundtable to discuss options for participation in such care. The purpose of this roundtable was to identify options to increase Medicaid managed care participation by Indian health programs. These include programs operated directly by IHS, programs operated by tribes under the Indian Self-Determination Act, and urban Indian programs under Title V of the Indian Health Care Improvement Act.By design, Roundtable participants were a group …
Integrating Indian Health Programs Into Medicaid Managed Care Systems, Part 1, Sara J. Rosenbaum, Ann Zuvekas
Integrating Indian Health Programs Into Medicaid Managed Care Systems, Part 1, Sara J. Rosenbaum, Ann Zuvekas
Center for Health Policy Research
The Indian Health Service (IHS), recognizing that state Medicaid programs are rapidly purchasing managed care plans for their beneficiaries and that managed care enrollment has significant implications for both Indians and Indian health facilities, convened this Roundtable to discuss options for participation in such care. The purpose of this roundtable was to identify options to increase Medicaid managed care participation by Indian health programs. These include programs operated directly by IHS, programs operated by tribes under the Indian Self-Determination Act, and urban Indian programs under Title V of the Indian Health Care Improvement Act.By design, Roundtable participants were a group …
Nicotine Withdrawal: Assessing The Fda's Effort To Regulate Tobacco Products, Lars Noah, Barbara A. Noah
Nicotine Withdrawal: Assessing The Fda's Effort To Regulate Tobacco Products, Lars Noah, Barbara A. Noah
Faculty Scholarship
At a press conference held on August 23, 1996, just one year after initially revealing his plans, President Clinton announced sweeping federal regulations to combat the underage use of tobacco products. The Food and Drug Administration (FDA) subsequently published a lengthy preamble to accompany the final regulations, detailing the Agency's assessment of the problem and responding to numerous public comments to its notice of proposed rulemaking (NPRM). Characterizing the growing use of tobacco products as a "pediatric disease," FDA Commissioner David Kessler previously had vowed to alter the smoking habits of the newest generation of tobacco users in order to …
Introduction, Arthur S. Leonard
Racist Health Care?, Barbara A. Noah
Racist Health Care?, Barbara A. Noah
Faculty Scholarship
During the past few years, rationing has become an explicit feature in decisions concerning optimal delivery of health care services, and it poses difficult choices for health care providers and policymakers. Insurers and patients increasingly must balance the desire for access to every possible treatment against concerns about affordability. Costdriven treatment decisions are becoming an unavoidable reality for most patients. Apparently, however, another more pernicious type of rationing occurs in this country. It does not depend on factors such as the likelihood of an optimal outcome, the comparative efficacy of different available treatment modalities, or even the ability to pay …
Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews
Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews
The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Publications
This symposium was called to address constitutional concerns raised by the controversy over the issue of mandatory pediatric testing, counseling and treatment for the human immuno-deficiency virus (HIV). In due course, I will turn to those concerns,' and explain my view that the need to test and treat newborns for HIV constitutes a medical emergency that overrides the most serious constitutional concerns. However, before doing so, it is helpful to put the debate in perspective, to explain what, in ABC's view, the controversy is really all about, and to indicate why our organization has so strenuously advocated mandatory pediatric HIV …
Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children's Views On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford
Publications
In my remarks today, I intend to do three things. First, I want to document the trajectory of the Association to Benefit Children's (ABC) approach to this issue, which was considerably more layered and nuanced than often characterized by the press and, certainly, by our most virulent opponents. Second, I aim to offer some reflections as to why the debate became as acrimonious as it did, and how that impeded resolution of this issue satisfactory to the widest possible number of people. Third, I hope that these reflections will provide a basis for some suggestions as to how future debate …
The Dangers Of Directives Or The False Security Of Forms, Diane E. Hoffmann, Sheryl Itkin Zimmerman, Catherine J. Tompkins
The Dangers Of Directives Or The False Security Of Forms, Diane E. Hoffmann, Sheryl Itkin Zimmerman, Catherine J. Tompkins
Faculty Scholarship
No abstract provided.
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Faculty Scholarship
No abstract provided.
Law & Health Care Newsletter, V. 2, No. 2, Spring 1996
Law & Health Care Newsletter, V. 2, No. 2, Spring 1996
Law & Health Care Newsletter
No abstract provided.
Law & Health Care Newsletter, V. 4, No. 1, Fall 1996
Law & Health Care Newsletter, V. 4, No. 1, Fall 1996
Law & Health Care Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Winter 1996
Mid-Atlantic Ethics Committee Newsletter, Winter 1996
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr.
Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Survey Results: Use Of Durable Powers, David M. English
Survey Results: Use Of Durable Powers, David M. English
Faculty Publications
The use of durable powers of attorney (DPA) has developed rapidly over the last decade. This growth reflects the public's desire for a simple and effective method of planning for possible incapacity. Although there are other planning tools, individuals frequently prefer the DPA. It is more comprehensive and provides greater certainty of result than does a joint bank account. A DPA is much easier to create than a revocable trust. By using a DPA, one can avoid an intrusive and possibly cumbersome guardianship or conservatorship proceeding.
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Congressional Testimony
No abstract provided.
Comment On The L, Susan Grover
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
Faculty Publications
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
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
Articles
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 …