Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

8365 Full-Text Articles 6001 Authors 2399170 Downloads 140 Institutions

All Articles in Health Law and Policy

Faceted Search

8365 full-text articles. Page 1 of 228.

Big Data And The Americans With Disabilities Act, Sharona Hoffman 2017 Case Western Reserve University School of Law

Big Data And The Americans With Disabilities Act, Sharona Hoffman

Faculty Publications

While big data offers society many potential benefits, it also comes with serious risks. This Essay focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (ADA) should be amended in response to the big data phenomenon in order to protect individuals who are perceived as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the non-traditional mechanisms of social media, wellness programs, and ...


No One Statute Should Have Too Much Power: How Electing Not To Amend 42 U.S.C § 1320(A)–7(B) May Frustrate The Purpose Of The Patient Protection And Affordable Care Act, Amber C. Dawson 2016 University of Miami Law School

No One Statute Should Have Too Much Power: How Electing Not To Amend 42 U.S.C § 1320(A)–7(B) May Frustrate The Purpose Of The Patient Protection And Affordable Care Act, Amber C. Dawson

University of Miami Business Law Review

The over breadth of the Federal Anti-Kickback statute as amended by the Patient Protection and Affordable Care Act (PPACA) holds dangerous implications for the future of the health care marketplace. When a statute permits criminal, civil and administrative punishment for an overbroad category of innocuous actions, such a statute must also take into account the specific, rather than general, intent of the actor, or the ensnaring of innocents is ultimately likely to result. Historically, the statute required a finding of specific intent to be found to uphold a violation of the statute. With the passing of Greber v. US and ...


International Reciprocity: If A Drug Is Good Enough For Great Britain, It Should Be Good Enough For The United States, Nicole C. Perez 2016 University of Miami Law School

International Reciprocity: If A Drug Is Good Enough For Great Britain, It Should Be Good Enough For The United States, Nicole C. Perez

University of Miami Business Law Review

The pharmaceutical industry is one of the largest, and most lucrative, industries in the world, worth about one trillion U.S. dollars. Specifically, the United States accounts for more than one-third of the global pharmaceutical market with about 340 million dollars in sales. Not only is the pharmaceutical industry one of the biggest industries profit-wise, but it is also an industry that affects almost every single person in the world. In a nation where healthcare issues are always on the rise, ensuring that American citizens benefit from pharmacology is essential to improving the nation’s healthcare system. The Food and ...


Abortion, Informed Consent And Regulatory Spillover, Alex Stein, Katherine Shaw 2016 Brooklyn Law School

Abortion, Informed Consent And Regulatory Spillover, Alex Stein, Katherine Shaw

Alex Stein

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understanding, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.
 
This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possibility that such standards might cross state lines. Planned Parenthood v ...


Rubbing The Rabbit's Foot: Gallows Superstitions And Public Healthcare In England During The Eighteenth And Nineteenth Centuries, Roberta M. Harding 2016 University of Kentucky College of Law

Rubbing The Rabbit's Foot: Gallows Superstitions And Public Healthcare In England During The Eighteenth And Nineteenth Centuries, Roberta M. Harding

Roberta M. Harding

Superstitions possess an ancient pedigree. With the passage of time thematic superstitions developed; for example, some solely addressed the public’s health care needs. In fact, as far back as the fifth century many English subjects believed magical spells and jewels had curative properties. Law was another context that generated a body of superstitions. Capital punishment was one area that generated many superstitions. In fact, so many that a specific category was established: gallows superstitions. With hanging as the primary method of execution in England for centuries, this group of superstitions became a relatively large one. By merging the health ...


Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’S Potential To Improve Health Care Access, Hana Sahdev 2016 Boston College Law School

Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’S Potential To Improve Health Care Access, Hana Sahdev

Boston College Law Review

Telemedicine services, such as virtual consultations and remote patient monitoring, are revolutionizing health care delivery. The Patient Protection and Affordable Care Act of 2010 (“ACA”) promotes the use of technology in health care reform as a means to increase quality and access while reducing costs. Despite the excitement around telemedicine, the lack of Medicare reimbursement hinders access and innovation. This Note analyzes the utilization of telemedicine to promote health care access for Medicare beneficiaries, and argues that legislative and regulatory changes are needed to reconcile current Medicare policies with the ACA’s encouragement of using telemedicine services. Specifically, this Note ...


The Affordable Care Act: Moving Forward In The Coming Years, Lawrence O. Gostin, David Hyman, Peter D. Jacobson 2016 Georgetown University Law Center

The Affordable Care Act: Moving Forward In The Coming Years, Lawrence O. Gostin, David Hyman, Peter D. Jacobson

Georgetown Law Faculty Publications and Other Works

President Barack Obama signed the Affordable Care Act (ACA) in 2010 with no Republican support. The ACA has been politically divisive ever since, with the House repeatedly voting for repeal. Earlier this year, Congress successfully passed a repeal, with the Senate using a legislative process called “reconciliation,” which requires only a simple majority for certain tax and spending bills. However, Congress failed to override a presidential veto.

President-elect Donald Trump pledged to “repeal and replace” the ACA, but would keep the most popular features: (1) guaranteed issue —health plans must enroll applicants regardless of pre-existing conditions; and (2) dependent coverage ...


Program, 2016 Maurice A. Deane School of Law at Hofstra University

Program

Health Law & Policy Conferences

No abstract provided.


Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur 2016 University of Massachusetts School of Law

Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur

University of Massachusetts Law Review

Commercial website publishers use false and misleading information to create distrust of vaccines by claiming vaccines are ineffective and contain contaminants that cause autism and other disorders. The misinformation has resulted in decreased childhood vaccination rates and imperiled the public by allowing resurgence of vaccine-preventable illnesses. This Article argues that tort liability attaches to publishers of commercial websites for foreseeable harm that results when websites dissuade parents from vaccinating their children in favor of purchasing alternative products offered for sale on the websites.


Decoupling Vaccine Laws, Dorit Rubenstein Reiss 2016 UC Hastings College of the Law

Decoupling Vaccine Laws, Dorit Rubenstein Reiss

Boston College Law Review

School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Although such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for protecting the vaccine-deprived children themselves. This essay argues that exemptions from school immunization requirements should not be understood to limit the protections available to children due to a decision to withhold vaccines. The existence of an exemption should, however, prevent criminal prosecution if a child dies from a preventable disease, because a parent ...


International Disparities Panel, Sean Flynn 2016 Selected Works

International Disparities Panel, Sean Flynn

Sean Flynn

No abstract provided.


Rethinking The New Public Health, Lindsay F. Wiley 2016 Selected Works

Rethinking The New Public Health, Lindsay F. Wiley

Lindsay Wiley

This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are ...


Panel 2: Ethical, Privacy And Budgetary Considerations Of Personalized Medicine, Ben Berkman, Stacey M. Brandenburg, Melanie Teplinsky, Wayne Rosenkrans, Lindsay Wiley 2016 American University Washington College of Law

Panel 2: Ethical, Privacy And Budgetary Considerations Of Personalized Medicine, Ben Berkman, Stacey M. Brandenburg, Melanie Teplinsky, Wayne Rosenkrans, Lindsay Wiley

Lindsay Wiley

No abstract provided.


The Origins Of American Health Libertarianism, Lewis A. Grossman 2016 American University

The Origins Of American Health Libertarianism, Lewis A. Grossman

Lewis A. Grossman

This Article examines Americans' enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States' early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constitutional right to medical liberty.


Foreword, Mirta Roses Periago, Claudio Grossman 2016 American University Washington College of Law

Foreword, Mirta Roses Periago, Claudio Grossman

Claudio M. Grossman

No abstract provided.


The Affordable Care Act Is Not Tort Reform, Andrew F. Popper 2016 Selected Works

The Affordable Care Act Is Not Tort Reform, Andrew F. Popper

Andrew Popper

On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced ...


Issues And Challenges: The Development Of Fair And Equitable Health Policy, Rachele Hendricks-Sturrup 2016 Nova Southeastern University

Issues And Challenges: The Development Of Fair And Equitable Health Policy, Rachele Hendricks-Sturrup

Internet Journal of Allied Health Sciences and Practice

Public health policy/law is a discipline that seeks to identify opportunities and implement mechanisms to achieve justice in the public health sector. Several public health policies and programs have been implemented by virtue of the Affordable Care Act (ACA), and these policies and programs seek to decrease America’s “paradox of excess and deprivation” and address socioeconomic barriers that exist in the U.S. healthcare system. Private healthcare market interests have accused the ACA of intruding heavily into the professional autonomy of the medical profession, eroding healthcare market competition, and driving up national healthcare spending. Counter-arguments defending the ACA ...


A Promise Realized? A Critical Review Of Accountable Care Organizations Since The Enactment Of The Affordable Care Act, Jean Phillip Shami 2016 University of Miami Law School

A Promise Realized? A Critical Review Of Accountable Care Organizations Since The Enactment Of The Affordable Care Act, Jean Phillip Shami

University of Miami Law Review

As the six-year anniversary of the passage of the Affordable Care Act (“ACA”) comes to a close, a critical review of one of the key inventions of the ACA—Accountable Care Organizations (“ACOs”)—is timely as part of the greater narrative around affordable, quality health care in America. This Comment begins with a discussion of the statutory creation, philosophy and vision, and organizational structure of ACOs in the context of the passage of the ACA in 2010. Then, it will critically review ACOs from three perspectives based on the ACO model’s mission to provide better care for more people ...


The Heartbreak Of Not Making Automated External Defibrillators Available For Public Use, Samuel D. Hodge Jr., Daria Koscielniak 2016 University of Miami Law School

The Heartbreak Of Not Making Automated External Defibrillators Available For Public Use, Samuel D. Hodge Jr., Daria Koscielniak

University of Miami Law Review

An automated external defibrillator (AED) is one of the greatest advancements in defibrillator technology in the past several decades. Its purpose is to treat sudden cardiac arrest, the leading cause of death in this country. An AED checks the heart’s rhythm and will dispatch an electric jolt when needed to reestablish the organ’s normal electrical pattern. The magic of this portable device is that anyone can use it and it is relatively inexpensive to purchase. Studies have shown that access to AEDs can improve the odds of surviving a cardiac arrhythmia outside of the hospital and the American ...


A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., CCC-SLP, Bess Sirmon-Taylor Ph.D., CCC-SLP, Raul F. Prezas Ph.D., CCC-SLP 2016 Jacksonville University

A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., Ccc-Slp, Bess Sirmon-Taylor Ph.D., Ccc-Slp, Raul F. Prezas Ph.D., Ccc-Slp

Journal of Human Services: Training, Research, and Practice

The American Speech-Language-Hearing Association (ASHA) initially implemented a Code of Ethics in 1952, and has periodically revisited the content of the document with revisions to reflect the expanding scope of practice within speech-language pathology and audiology and to clarify certain concepts. Code revision is a cyclical mandated task of the ASHA Board of Ethics conducted to assure accuracy, currency, and completeness of this most important document (Solomon-Rice & O’Rourke, 2016). The current version of the Code of Ethics (2016) was modified from the previous version (2010r), with an updated preamble, definitions of related vocabulary, and re-organized language in the principles ...


Digital Commons powered by bepress