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To Cover Or Not To Cover? The Relationship Between The Apple Watch And The Health Insurance Portability And Accountability Act, Cristina M. Mares 2017 DePaul University

To Cover Or Not To Cover? The Relationship Between The Apple Watch And The Health Insurance Portability And Accountability Act, Cristina M. Mares

DePaul Journal of Health Care Law

No abstract provided.


The Baby Boomers Are Booming: The Future Of Nursing And Home Health Care, Anthony M. Lopez 2017 DePaul University

The Baby Boomers Are Booming: The Future Of Nursing And Home Health Care, Anthony M. Lopez

DePaul Journal of Health Care Law

No abstract provided.


Hhs Stakeholder Rights In An Era Of Statutory Entrenchment And Agency Overreach, Colin Roskey, Tamara Tenney 2017 DePaul University

Hhs Stakeholder Rights In An Era Of Statutory Entrenchment And Agency Overreach, Colin Roskey, Tamara Tenney

DePaul Journal of Health Care Law

No abstract provided.


The Medicare Home Health Benefit's Need For Reform In Accordance To The Affordable Care Act, Michelle Bedoya 2017 DePaul University

The Medicare Home Health Benefit's Need For Reform In Accordance To The Affordable Care Act, Michelle Bedoya

DePaul Journal of Health Care Law

No abstract provided.


Emerging Market For Biosimilars: State Legislation Should Reconcile Biosimilar Substitution Laws With Existing Laws On Generic Substitution, Brian F. King 2017 DePaul University

Emerging Market For Biosimilars: State Legislation Should Reconcile Biosimilar Substitution Laws With Existing Laws On Generic Substitution, Brian F. King

DePaul Journal of Health Care Law

No abstract provided.


Controlling Your Dna: Privacy Concerns In Genomic Testing And The Uncertainty Of Federal Regulation And Legislation, Sarah Washburn 2017 DePaul University

Controlling Your Dna: Privacy Concerns In Genomic Testing And The Uncertainty Of Federal Regulation And Legislation, Sarah Washburn

DePaul Journal of Health Care Law

No abstract provided.


A Breakthrough With The Tpp: The Tobacco Carve-Out, Sergio Puig, Gregory Shaffer 2017 James E. Rogers College of Law, University of Arizona

A Breakthrough With The Tpp: The Tobacco Carve-Out, Sergio Puig, Gregory Shaffer

Yale Journal of Health Policy, Law, and Ethics

The United States has made great progress in reducing tobacco consumption at home while spending taxpayer money to promote its consumption abroad. 1 While U.S. tobacco consumption rates have fallen dramatically since the 1960s, they are soaring in the developing world. 2 Today, about twenty percent of adults in the world smoke, and more than eighty percent of them live in low- and middle-income countries. 3 As a result, tobacco could kill one billion people this century, and largely in these lower-income countries.


An Evidence-Based Objection To Retributive Justice, Brian T.M. Mammarella 2017 University of Virginia School of Law

An Evidence-Based Objection To Retributive Justice, Brian T.M. Mammarella

Yale Journal of Health Policy, Law, and Ethics

Advancements in neuroscience and related fields are beginning to show,
with increasing clarity, that certain human behaviors stem from uncontrolled, mechanistic causes. These discoveries beg the question: If a given behavior results from some combination of biological predispositions, neurological circumstances, and environmental influences, is that action unwilled
and therefore absolved of all attributions of credit, blame, and responsibility? A number of scholars in law and neuroscience who answer "yes" have considered how the absence of free will should impact criminal law's willingness to justify punishments on the basis of retribution, with some arguing that criminal law ought to dispense ...


Rehabilitation, Education, And The Integration Of Individuals With Severe Brain Injury Into Civil Society: Towards An Expanded Rights Agenda In Response To New Insights From Translational Neuroethics And Neuroscience, Megan S. Wright, Joseph J. Fins 2017 Research Fellow at the Solomon Center for Health Law and Policy at Yale Law School

Rehabilitation, Education, And The Integration Of Individuals With Severe Brain Injury Into Civil Society: Towards An Expanded Rights Agenda In Response To New Insights From Translational Neuroethics And Neuroscience, Megan S. Wright, Joseph J. Fins

Yale Journal of Health Policy, Law, and Ethics

Many minimally conscious patients are segregated in nursing homes, and are without access to rehabilitative technologies that could help them reintegrate into their communities. In this Article, we argue that persons in a minimally conscious state or who have the potential to progress to such a state must be provided rehabilitative services instead of being isolated in custodial care. The right to rehabilitative technologies for the injured brain stems by analogy to the expectation of free public education for children and adolescents, and also by statute under the Americans with Disabilities Act and under Supreme Court jurisprudence, namely the leading ...


Reimagining The Risk Of Long-Term Care, Allison K. Hoffman 2017 Yale Law School

Reimagining The Risk Of Long-Term Care, Allison K. Hoffman

Yale Journal of Health Policy, Law, and Ethics

U.S. law and policy on long-term care fail to address the insecurity American families face due to prolonged illness and disability-a problem that grows more serious as the population ages and rates of disability rise. This Article argues that, even worse, we have focused on only part of the problem. It illuminates two ways that prolonged disability or illness can create insecurity.
The first arises from the risk of becoming disabled or sick and needing long-term care, which could be called "care-recipient" risk. The second arises out of the risk of becoming responsible for someone else's care, which ...


Financial Conflicts Of Interest In Science, Joanna K. Sax 2017 California Western School of Law

Financial Conflicts Of Interest In Science, Joanna K. Sax

Joanna K Sax

This Article proposes a new direction for addressing financial conflicts of interest, which plague biomedical research and threaten scientific integrity. This Article descriptively states the controversy surrounding financial conflicts of interest by explaining how these conflicts arise and the damage that can be created as a result. By describing the scientific process, the Article explains that changes to the academic environment may allow the public-private interaction to proceed, without creating the problems associated with financial conflicts of interest.

Financial conflicts of interest are created when the profit-seeking motive of a private funding source unduly influences an academic scientist's primary ...


Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax 2017 California Western School of Law

Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax

Joanna K Sax

Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco -- a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke. The Food and Drug Administration (FDA) only has limited ability to regulate the entry of new ...


The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax 2017 University of Pennsylvania Law School

The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax

Joanna K Sax

This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines. The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research.


Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young 2017 Boston College Law School

Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young

Katharine G. Young

Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique ...


The Future Of The Cadillac Tax, Kathryn L. Moore 2017 University of Kentucky

The Future Of The Cadillac Tax, Kathryn L. Moore

Kathryn L. Moore

The Affordable Care Act includes a 40 percent excise tax on high-cost employer-sponsored health care coverage. Often referred to as the “Cadillac tax,” this excise tax is one of the most controversial elements of the Affordable Care Act.

Currently scheduled to go into effect in 2020, the Cadillac tax poses serious challenges and uncertainty for employers. On the one hand, recent estimates suggest that the Cadillac tax may hit as many as 20 percent of employers with health care plans in 2020. On the other hand, there is a serious question as to whether the tax will be repealed before ...


Marijuana Regulation And Federalism, John M. Greabe 2017 University of New Hampshire School of Law

Marijuana Regulation And Federalism, John M. Greabe

Legal Scholarship

[Excerpt] "Federal law makes the cultivation and use of marijuana illegal for all purposes. Yet, over the past two decades, 28 states plus the District of Columbia have legalized marijuana for medicinal purposes, and eight states plus the District of Columbia have legalized it for recreational purposes. Marijuana regulation thus provides a useful and timely example for exploring the ways in which the distribution of power between the federal government and the states can facilitate policy change."


Dinner For Two: Employer Mandate, Meet Erisa; How Dave & Buster’S Response To The Affordable Care Act’S Employer Mandate May Open The Door For Employees To Seek Erisa Relief, Kendall Victoria Dacey 2017 Pepperdine University

Dinner For Two: Employer Mandate, Meet Erisa; How Dave & Buster’S Response To The Affordable Care Act’S Employer Mandate May Open The Door For Employees To Seek Erisa Relief, Kendall Victoria Dacey

Pepperdine Law Review

When the Affordable Care Act (ACA) became law in late March, 2010, Dave & Buster’s (D&B) had a choice: it could either comply and offer its full-time employees the minimum health insurance coverage required by the new “employer mandate” or it could ignore the new requirements and incur a penalty. Dissatisfied with either option, D&B made the drastic decision to circumvent the ACA entirely, and reduced its full-time staff below the ACA’s employee threshold so as to avoid triggering any penalty or having to pay increased health care costs. However, by dodging the employer mandate, D&B ...


A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone 2017 Yale Law School

A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone

Cleveland State Law Review

With recent developments in e-health, concerns have been raised regarding the privacy of patients who are monitored with such treatments. I propose a simple method to incorporate these concerns into a standard health impact evaluation, based on quality-adjusted life years and the incremental cost-effectiveness ratio. This method provides a way to objectively value privacy concerns and balance them with health benefits. Hence, it can guide doctors and policymakers into incorporating privacy considerations and making better choices regarding e-health programs. This method can also be tested on existing economic evaluations to compare outcomes and gauge the extent to which privacy issues ...


Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Mar. 2017)., Janelle M. Langan 2017 Georgetown University Law Center

Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Mar. 2017)., Janelle M. Langan

Janelle M. Langan

Posttraumatic Stress Disorder (“PTSD”) is the most prevalent mental health disorder among our military service members. The diagnosis of stress from combat has been controversial as it has evolved historically. The diagnosis of PTSD among military service members and veterans is riddled with competing political agendas focused upon the cost of war. Political actors that support war seek to minimize the cost of war, while those political actors that do not support war seek to maximize the cost of war. This conflicting political agendas affects the funding, support, and care provided to veterans for the trauma they endured during the ...


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 Selected Works

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Eloisa C Rodríguez-Dod

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


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