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Health Care Services And Profits: A Conflict Of Interest?, Carolyn Plump JD, Jennifer Sipe MSN, RN 2015 La Salle University

Health Care Services And Profits: A Conflict Of Interest?, Carolyn Plump Jd, Jennifer Sipe Msn, Rn

Explorer Café

No abstract provided.


The Scramble To Promote Egg Donation Through A More Protective Regulatory Regime, Jacob Radecki 2015 IIT Chicago-Kent College of Law

The Scramble To Promote Egg Donation Through A More Protective Regulatory Regime, Jacob Radecki

Chicago-Kent Law Review

Egg “donation” is a burgeoning industry in the United States. Fertility clinics capitalize on financially needy college students by advertising substantial financial benefits; particularly gifted women may receive thousands of dollars for selling their eggs. Rosy advertisements portray a well-paying procedure that also helps bring a child to a loving parent. Yet these descriptions mask significant potential harms. With respect to known problems, hormone regimens may cause ovarian hyper-stimulation syndrome, which in the most severe cases can lead to infertility. In terms of unknown risks, anecdotal evidence suggests that the long-term side effects of egg extraction may include cancer. The …


Hospital Quality Improvement: Are Peer Review Immunity, Privilege, And Confidentiality In The Public Interest?, Michael D. Benson MD, Jordan B. Benson CPA, JD, Mark S. Stein JD, PhD 2015 Northwestern University

Hospital Quality Improvement: Are Peer Review Immunity, Privilege, And Confidentiality In The Public Interest?, Michael D. Benson Md, Jordan B. Benson Cpa, Jd, Mark S. Stein Jd, Phd

Michael D Benson MD

Participants in the hospital peer-review process enjoy enormous protections under federal and state law. We contend that these protections – immunity, evidentiary privilege, and confidentiality – retard quality improvement in health care. As a result of these protections, the current peer-review system produces both improper severity and improper leniency. We propose to reform the system by eliminating all federal and state statutory protections for the peer-review process. A public process that is open to review and open to challenge by all interested parties will better promote health-care quality.


Scouting For Approval: Lessons On Medical Device Regulation In An Era Of Crowdfunding From Scanadu’S “Scout”, Colleen Smith 2015 William & Mary Law School

Scouting For Approval: Lessons On Medical Device Regulation In An Era Of Crowdfunding From Scanadu’S “Scout”, Colleen Smith

Student Award Winning Papers

This Article will argue that medical device companies should be able to utilize crowdfunding to raise the necessary capital to develop a product. However, because of the risks medical devices pose, any solution that allows medical device companies to employ crowdfunding should ensure the continuing commitment to consumer safety that is at the core of FDA regulation. This Article uses the Scanadu Scout as an example and a staring point for evaluating the use of crowdfunding in the medical device industry. This Article explains how and why Scanadu broke the law when it moved the Scout, an “adulterated or misbranded” …


Newsletter Spring 2015, 2015 University of Maryland Francis King Carey School of Law

Newsletter Spring 2015

Newsletter

No abstract provided.


Man Made Organs: Technology Made It Possible But Can The Fda Keep Up?, Amanda Chatman 2015 North Carolina Central University School of Law

Man Made Organs: Technology Made It Possible But Can The Fda Keep Up?, Amanda Chatman

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Rising Cost Of Public Post-Secondary Education In North Carolina: The Effect Of The Affordable Care Act, Selby Lo 2015 North Carolina Central University School of Law

Rising Cost Of Public Post-Secondary Education In North Carolina: The Effect Of The Affordable Care Act, Selby Lo

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Reproductive Rights Under Attack: Can The Fundamentals Of Roe Survive?, Cheryl E. Amana-Burris J.D., L.L.M. 2015 North Carolina Central University School of Law

Reproductive Rights Under Attack: Can The Fundamentals Of Roe Survive?, Cheryl E. Amana-Burris J.D., L.L.M.

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


The Cost Of Evidence: Examining The Fda's Treatment Of Critically-Needed Drugs From An Ex Ante Perspective, Julie Dorais J.D., M.P.H. 2015 North Carolina Central University School of Law

The Cost Of Evidence: Examining The Fda's Treatment Of Critically-Needed Drugs From An Ex Ante Perspective, Julie Dorais J.D., M.P.H.

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld, Jessica L. Roberts 2015 University of Kentucky College of Law

An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld, Jessica L. Roberts

Law Faculty Scholarly Articles

This Essay begins to explore how Medicaid, after the Patient Protection and Affordable Care Act, metamorphoses from exclusion and limitations in access and benefits to a form of social insurance that implicates theories of social justice. The social justice aspect of universality provides an important lens for understanding these numbers, both in terms of the states that are expanding and the states that are opting out. States that refuse to expand their Medicaid programs are denying millions of Americans the benefit of a precious legal entitlement. It is essential that the states understand the power—and the potential—of this evolving social …


Time To Lift The Veil Of Inequality In Health Care Coverage: Using Corporate Law To Defend The Affordable Care Act, Seema Mohapatra 2015 Barry University

Time To Lift The Veil Of Inequality In Health Care Coverage: Using Corporate Law To Defend The Affordable Care Act, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Annual Report 2014, Forum Staff 2015 Himmelfarb Health Sciences Library, The George Washington University

Annual Report 2014, Forum Staff

National Health Policy Forum

This annual report describes the activities of the Forum during the 2014 calendar year, and provides a snapshot of our audience and resources.


Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger 2015 Wayne State University

Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger

Law Faculty Research Publications

No abstract provided.


Law & Healthcare Newsletter, V. 22, No. 2, Spring 2015, 2015 University of Maryland Francis King Carey School of Law

Law & Healthcare Newsletter, V. 22, No. 2, Spring 2015

Law & Health Care Newsletter

No abstract provided.


Rediscovering Capture: Antitrust Federalism And The North Carolina Dental Case, Herbert J. Hovenkamp 2015 University of Pennsylvania Carey Law School

Rediscovering Capture: Antitrust Federalism And The North Carolina Dental Case, Herbert J. Hovenkamp

All Faculty Scholarship

This brief essay analyzes the Supreme Court's 2015 decision in the North Carolina Dental case, assessing its implications for federalism. The decision promises to re-open old divisions that had once made the antitrust "state action" doctrine a controversial lightning rod for debate about state economic sovereignty.

One provocative issue that neither the majority nor the dissenters considered is indicated by the fact that nearly all the cartel customers in the Dental case were located within the state. By contrast, the cartel in Parker v. Brown, which the dissent held up as the correct exemplar of the doctrine, benefited California growers …


The Patient Protection And Affordable Care Act: The Latest Obstacle In The Path To Receiving Complementary And Alternative Health Care?, Chelsea Stanley 2015 Indiana University Maurer School of Law

The Patient Protection And Affordable Care Act: The Latest Obstacle In The Path To Receiving Complementary And Alternative Health Care?, Chelsea Stanley

Indiana Law Journal

Part I of this Note outlines a variety of medical techniques that are considered to be complementary and alternative practices, and it presents evidence of CAM’s growing influence in the United States. Part I also provides a concise summary of some of the most important features of the ACA. Part II analyzes the potential impact of the ACA on CAM. Part II focuses first on those provisions of the ACA that are believed to be supportive of CAM; however, Part II then proposes potential counterarguments ignored or overlooked by those who believe that the ACA will favorably impact CAM. Part …


Informed Decision Making On Abortion: Crisis Pregnancy Centers, Clinics, And The First Amendment, Aziza Ahmed 2015 Boston University School of Law

Informed Decision Making On Abortion: Crisis Pregnancy Centers, Clinics, And The First Amendment, Aziza Ahmed

Faculty Scholarship

Shifting laws and regulations increasingly displace the centrality of women's health concerns in the provision of abortion services. This is exemplified by the growing presence of deceptive Crisis Pregnancy Centers alongside new informed consent laws designed to dissuade women from seeking abortions. Litigation on informed consent is further complicated in the clinical context due to the increased mobilization of facts - such as the gestational age or sonogram of the fetus - delivered with the intent to dissuade women from accessing abortion. In other words, factual information utilized for ideological purpose. To preserve a woman's autonomy and decision-making capacity, there …


Informed Consent And The First Amendment, Wendy K. Mariner, George J. Annas 2015 Boston University School of Law

Informed Consent And The First Amendment, Wendy K. Mariner, George J. Annas

Faculty Scholarship

For more than two decades, states have been adding to the things that physicians must say and do to obtain “informed consent” — and thereby testing the constitutional limits of states' power to regulate medical practice. In 1992, the Supreme Court upheld states' authority to require physicians to provide truthful information that might encourage a woman to reconsider her decision to have an abortion, finding that such a requirement did not place an “undue burden” on the woman.


An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld 2015 Boston University School of Public Health; Boston University School of Law

An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld

Faculty Scholarship

This paper is a contribution to the symposium entitled Scalpel to Gavel: Exploring the Modern State of Health Law. This essay quantifies and explores the central role Medicaid now plays in our health insurance system. For its first forty-nine years, Medicaid covered less than half of the nation’s poor. Today, one in five Americans have Medicaid coverage during the course of a year, and that number soon will increase to one in four given the insurance expansions enacted through the Patient Protection and Affordable Care Act. Medicaid now effectively functions as social insurance for many of its enrollees. In this …


The Space Between Two Worlds: Forward To The Health Law, Elizabeth McCuskey 2015 Boston University School of Law

The Space Between Two Worlds: Forward To The Health Law, Elizabeth Mccuskey

Faculty Scholarship

This year's Law Review Symposium explored the modem state of health law under the heading, From Scalpel to Gavel. By situating its discussion in the space between the health sciences and law, this symposium embodied the inherently interdisciplinary nature of health law. The gathering of scholars, physicians, counsel, enforcers, and community groups bridged the spaces among numerous disciplines, promoting the exchange of empiricism, ideas, and experiences that have come to define health law.


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