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Articles 1 - 17 of 17
Full-Text Articles in Health Law and Policy
Masthead, Volume 28 (2018)
Masthead, Volume 28 (2018)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick
Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick
Health Matrix: The Journal of Law-Medicine
The article highlights the features of the U.S. Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and identify those attributes that make it vulnerable to the same types of unintended behaviors that have plagued pay-for-performance models in other industries. Topics discussed include unintended consequences associated with pay-for-performance in non-health care industries; physician disclosure standards; and need of laws for patient-centered care and patient autonomy.
Health Matrix, 2018
Health Care Held Ransom: Modifications To Data Breach Security & The Future Of Health Care Privacy Protection, Ryan M. Krisby
Health Care Held Ransom: Modifications To Data Breach Security & The Future Of Health Care Privacy Protection, Ryan M. Krisby
Health Matrix: The Journal of Law-Medicine
The article highlights the need of modification in the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), as the federal data breach security regulation fails to adequately protect patient data. Topics discussed include data breach security under HIPAA; need of modifications that address these inadequacies concerning ransomware; and actions by the U.S. Federal Trade Commission to provide an impetus for healthcare organizations to carry out data security modifications.
Make America Discriminate Again? Why Hobby Lobby's Expansion Of Rfra Is Bad Medicine For Transgender Health Care, Alexis M. Florczak
Make America Discriminate Again? Why Hobby Lobby's Expansion Of Rfra Is Bad Medicine For Transgender Health Care, Alexis M. Florczak
Health Matrix: The Journal of Law-Medicine
The article highlights the implications of the U.S. Supreme Court's decision in "Burwell v. Hobby Lobby Stores, Inc." which held for-profit corporations could be exempt from the Affordable Care Act's (ACA)contraceptive mandate because of their sincerely held religious beliefs. Topics discussed include ACA Nondiscrimination or Civil Rights provision provides valuable protections to transgender individuals; and Department of Health and Human Services' further guidance on the ACA's provision.
Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah
Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah
Health Matrix: The Journal of Law-Medicine
The article discusses how bioethics education integrates ideas from ethics, law, science, and public policy with the goal of solving problems associated with the delivery of medical care. Topics discussed include Torts and various health law courses; American legal education's multi-tiered approach to teach students about law; and role of empathy and humility in the teaching and practice of law.
Examining Nontherapeutic Circumcision, Stephen R. Munzer
Examining Nontherapeutic Circumcision, Stephen R. Munzer
Health Matrix: The Journal of Law-Medicine
The article argues that male minors have a moral anticipatory right-in-trust not to be circumcised without a medical indication. Topics discussed include ethical, political, and intellectual persuasions of children's rights, parental rights, religious freedom; moral implications to circumcise male minors without a medical indication; and moral rights of male minors
Needles, Haystacks, And Next-Generation Genetic Sequencing, Teneille R. Brown
Needles, Haystacks, And Next-Generation Genetic Sequencing, Teneille R. Brown
Health Matrix: The Journal of Law-Medicine
Genetic testing is becoming more frequent and the results more complex. Not infrequently, genetic testing conducted for one purpose reveals information about other features of the genome that may be of clinical significance. These unintended findings have been referred to as "incidental" or "secondary" findings. In 2013, the American College of Medical Genetics ("ACMG") recommended that clinical laboratories inform people if their genetic analyses indicate that they have certain secondary mutations. These mutations were selected because they probably cause a serious disease, which is treatable, and may go undetected. The ACMG's recommendations galvanized critical responses by the genetics and ethics …
Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan
Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan
Health Matrix: The Journal of Law-Medicine
The article examines the need of a pro-active regulation of cross-border egg and surrogacy markets. Topics discussed include ways to regulate surrogacy market failures; conduct of both cross-border markets and the main failures that raise the need for regulation in each market; and minimalistic and a pro-active approach to regulate the markets.
Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski
Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski
Health Matrix: The Journal of Law-Medicine
The article highlights federal government funding of Targeted Genomic Editing (TGE) experimentation on human embryos, and recommends additional funding to accelerate scientific development and inquiry. Topics discussed include background of TGE, emphasizing CRISPR-Cas9 technology; risk of an emerging knowledge gap in this field; and legitimate concerns about what kinds of research are in the public and national interest.
The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov
The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov
Health Matrix: The Journal of Law-Medicine
The article discusses how regulation is vital to protect the small proportion of the population that will develop schizophrenia from marijuana use. Topics discussed include marijuana's effects on a user's psyche; triggers and symptoms of schizophrenia; and need to legalize marijuana for people who are at least twenty-five years old or who have been cleared by a psychologist.
Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan
Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan
Health Matrix: The Journal of Law-Medicine
To the extent we can even refer to an American healthcare "system," it functions brilliantly ... to make money. The system is designed to reward executives or major shareholders of pharmaceutical & health insurance companies, healthcare facilities, and related entities. With a rapidly aging population, healthcare will soon surpass a fifth of our economy. Of course, the American healthcare system does not function brilliantly when one considers the perspective of patients and over-extended primary care providers. Prices are growing faster than inflation or wages, healthcare is twice as costly as other comparable nations, and one third is a result of …
The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley
The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley
Health Matrix: The Journal of Law-Medicine
The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never …
Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore
Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore
Health Matrix: The Journal of Law-Medicine
In the U.S., one out of eight practicing physicians is older than sixty-five, and many practice well into their seventies. Many commentators and healthcare organizations, concerned that aging physicians are at risk for cognitive impairment, have urged, or actually instituted, cognitive "screening" for older physicians as a means to ensure patient safety. An age-based screening program, however, should not proceed unless supported by clear evidence and not prohibited by law. This article argues that neither of these conditions applies. Singling out all older physicians for cognitive testing is empirically unjustified and legally prohibited. Furthermore, there are other means to reliably …
Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman
Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman
Faculty Publications
This chapter explores the benefits and limitations of personal health records (PHRs) as a tool to promote transparency in health care. A PHR can be defined as “an electronic application through which individuals can access, manage and share their health information . . . in a private, secure, and confidential environment.” PHRs can enhance efficiency, communication, data accuracy, and health outcomes. At the same time, they can disrupt the physician-patient relationship and raise liability concerns. For example, PHRs may induce patients and physicians to rely on electronic communication when office visits would be far more appropriate. The chapter analyzes the …
Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman
Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman
Faculty Publications
The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.
The Article explores the strengths and weaknesses of step therapy …
Big Data Analytics: What Can Go Wrong, Sharona Hoffman
Big Data Analytics: What Can Go Wrong, Sharona Hoffman
Faculty Publications
It is not uncommon to read that long-held beliefs about medical treatments have been dislodged by new studies. For example, there is now doubt as to whether women should undergo annual mammograms, previously a cornerstone of cancer screening. Hormone replacement therapy for menopausal women, once considered highly suspect in light of worrisome research findings, is now being reconsidered as a beneficial therapy. These reversals trouble and confuse many Americans.
This Article explores why medical research findings can be erroneous and what can go wrong in the process of designing and conducting research studies. It provides readers with essential analytical tools …