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Full-Text Articles in Health Law and Policy
Private Certifiers And Deputies In American Health Care, Frank Pasquale
Private Certifiers And Deputies In American Health Care, Frank Pasquale
Frank A. Pasquale
So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up to statutory or regulatory standards. Via deputization, firms can pursue a regulatory or law enforcement role to correct (and even punish) providers …
William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher Robertson, Frank Pasquale
William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher Robertson, Frank Pasquale
Frank A. Pasquale
On April 26, 2011, the US Supreme Court will hear oral arguments in the Vermont data mining case, Sorrell v. IMS Health Inc. Respondents claim this is the most important commercial speech case in a decade. Petitioner (the State of Vermont) argues this is the most important medical privacy case since Whalen v. Roe. The is an amicus brief supporting Vermont, written by law professors and submitted on behalf of the New England Journal of Medicine
Ending The Specialty Hospital Wars: A Plea For Pilot Programs As Information-Forcing Regulatory Design, Frank Pasquale
Ending The Specialty Hospital Wars: A Plea For Pilot Programs As Information-Forcing Regulatory Design, Frank Pasquale
Frank A. Pasquale
This chapter focuses on the need for more targeted assessment of the impact of market forces on communities. Pilot programs encourage experimentation in the delivery system without risking widespread disruption of care for the uninsured and emergency services. The Center for Medicare & Medicaid Services (CMS) has already embraced the idea of pilot programs in other contexts, and they could be especially appropriate if specialty hospitals were permitted in markets where general hospitals had a demonstrably poor record of community service. In such markets, cross-subsidization is probably already low, and specialty hospital threats to it are not as much of …
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard Boldt
Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard Boldt
Richard C. Boldt
No abstract provided.
Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda Pustilnik
Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda Pustilnik
Amanda C Pustilnik
Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been …
Recurring Nightmare: Barriers To Effective Treatment Of Hiv In The United States And Internationally, John G. Culhane
Recurring Nightmare: Barriers To Effective Treatment Of Hiv In The United States And Internationally, John G. Culhane
John G. Culhane
Developing nations face many of the same barriers to the effective prevention and treatment of HIV/AIDS as the developed nations. The article examines successful and unsuccessful approaches to prevention in the United States, and compares these to the obstacles faced by those attempting to deal with the HIV/AIDS pandemic in other nations. It suggests ways of addressing deeply rooted obstacles such as the treatment of women and racial and sexual minorities. A complex web of approaches that draws on international, national, and local laws and government, as well as the participation of community groups, stands the only chance of substantially …