Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, And The Future Role Of Physicians, 2014 Texas A&M University School of Law
Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, And The Future Role Of Physicians, William M. Sage
Faculty Scholarship
This Foreword to a forthcoming symposium on the "patchwork" health care system to be published in the Houston Journal of Health Law & Policy considers whether current reactions to fragmentation in health care represent minor variations on a longstanding theme in US health policy or offer a more substantial counterpoint to that theme. The theme is this: that perfect physicians should be allowed to control health care even if safeguards are needed in practice because real physicians are not perfect. The Foreword previews four scholarly articles featured in the published symposium. It concludes that, while all the articles present original …
Actavis And Error Costs: A Reply To Critics, 2014 University of California - Berkeley
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
All Faculty Scholarship
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.
As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to …
Understanding The Hospital Sharps Injury Reporting Pathway, 2014 University of Illinois at Chicago
Understanding The Hospital Sharps Injury Reporting Pathway, Leslie Boden, Yolanta Petrofsky, Karen Hopcia, Gregory Wagner, Dean Hashimoto
Dean M. Hashimoto
Background: Patient-care workers are frequently exposed to sharps injuries, which can involve the risk of serious illness. Underreporting of these injuries can compromise prevention efforts.
Methods: We linked survey responses of 1,572 non-physician patient-care workers with the Occupational Health Services (OHS) database at two academic hospitals. We determined whether survey respondents who said they had sharps injuries indicated that they had reported them and whether reported injuries were recorded in the OHS database.
Results: Respondents said that they reported 62 of 78 sharps injuries occurring over a 12-month period. Only 28 appeared in the OHS data. Safety practices were positively …
Introduction: Obstacles To The Development And Use Of Pharmacotherapies For Addiction, 2014 University of Maryland School of Law
Introduction: Obstacles To The Development And Use Of Pharmacotherapies For Addiction, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Many Paths To Primary Care: Flexible Staffing And Productivity In Community Health Centers, 2014 George Washington University
Many Paths To Primary Care: Flexible Staffing And Productivity In Community Health Centers, Leighton C. Ku, Bianca K. Frogner, Erika Steinmetz, Patricia Pittman
Health Policy and Management Issue Briefs
No abstract provided.
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, 2014 University of Georgia School of Law
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor
Georgia Journal of International & Comparative Law
No abstract provided.
Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, 2014 University of Georgia School of Law
Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek
Georgia Journal of International & Comparative Law
No abstract provided.
The Ebola Epidemic: A Public Health Emergency Of International Concern, 2014 Georgetown University Law Center
The Ebola Epidemic: A Public Health Emergency Of International Concern, Lawrence O. Gostin, Daniel Lucey, Alexandra Phelan
Georgetown Law Faculty Publications and Other Works
On August 8, 2014, the World Health Organization (WHO) Director-General Margaret Chan declared the West Africa Ebola crises a “public health emergency of international concern,” triggering powers under the 2005 International Health Regulations (IHR).
The most affected West African states have attempted classic public health measures with varied success, including quarantine and isolation, social distancing, risk communication, and travel restrictions. These have involved a trade off between population health and human rights; sometimes to the disadvantage of both. At the same time, the countries’ health systems and human resources are fragile, impeding an effective response.
Beyond the public health and …
Regulating The Placebo Effect In Clinical Practice, 2014 National University of singapore
Regulating The Placebo Effect In Clinical Practice, Tracey Chan
Tracey E Chan
Recent research and ethical analysis have forced a clinical and ethical reappraisal of the utility of placebos in medical practice. The main concern of ethics and law is that using placebos in health care involves deception, which is antithetical to patient autonomy and trust in the physician-patient relationship. This paper reviews the various, more nuanced scientific conceptions of the placebo effect, and evaluates the ethical and legal objections to deploying placebos in clinical practice. It argues that the placebo effect may be legitimately accommodated on the basis that it does not engage the requirement for material or quasi-fiduciary disclosures of …
On “Trafficking And Health”, 2014 Chapman University
On “Trafficking And Health”, Dominique Stewart
e-Research: A Journal of Undergraduate Work
This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …
The Historic Role Of Boards Of Health In Local Innovation: New York City’S Soda Portion Case, 2014 Georgetown University Law Center
The Historic Role Of Boards Of Health In Local Innovation: New York City’S Soda Portion Case, Lawrence O. Gostin, Belinda H. Reeve, Marice Ashe
Georgetown Law Faculty Publications and Other Works
Childhood and adult obesity pose major risks for cancer, diabetes, and cardiovascular disease, with the poor and racial minorities suffering from disproportionately high burdens of obesity and chronic disease. With current policies failing, cities and states have moved forward with creative prevention measures–-with boards of health driving policy innovation in many local jurisdictions. The New York City Board of Board of Health’s (NYCBH) soda portion limit pushed the boundaries of innovation, but was struck down on June 26, 2014 by New York State’s highest court, which held that the Board trespassed on the City Council’s authority.
The Court’s decision ignored …
Virus Sharing, Genetic Sequencing, And Global Health Security, 2014 Georgetown University Law Center
Virus Sharing, Genetic Sequencing, And Global Health Security, Lawrence O. Gostin, Alexandra Phelan, Michael A. Stoto, John D. Kraemer, K. Srinath Reddy
Georgetown Law Faculty Publications and Other Works
The WHO’s Pandemic Influenza Preparedness (PIP) Framework was a milestone global agreement designed to promote the international sharing of biological samples to develop vaccines, while that ensuring poorer countries would have access to those vaccines. Since the PIP Framework was negotiated, scientists have developed the capacity to use genetic sequencing data (GSD) to develop synthetic viruses rapidly for product development of life-saving technologies in a time-sensitive global emergency—threatening to unravel the Framework. Access to GSD may also have major implications for biosecurity, biosafety, and intellectual property (IP).
By rendering the physical transfer of viruses antiquated, GSD may also undermine the …
The World Health Organization's Framework Convention On Tobacco Control: An Analysis Of Guidelines Adopted By The Conference Of The Parties, 2014 University of Tulsa College of Law
The World Health Organization's Framework Convention On Tobacco Control: An Analysis Of Guidelines Adopted By The Conference Of The Parties, Sam F. Halabi
Georgia Journal of International & Comparative Law
No abstract provided.
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, 2014 Pace University School of Law
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Pace Law Review
This Comment will first examine existing Supreme Court abortion and reproductive autonomy jurisprudence before seguing into an exploration of the limits of the ‘undue burden’ analysis through the Jackson Women’s Health Organization v. Currier temporary and preliminary injunction decisions. The final section of this Comment explores potential solutions from other areas of constitutional law, and proposes that some techniques for limiting the reach of state regulatory power might be imported from environmental law, which frequently must deal with interactions amongst complex regulatory regimes.
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", 2014 University of Georgia School of Law
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", Jason Carter
Georgia Journal of International & Comparative Law
No abstract provided.
B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, 2014 University of Georgia School of Law
B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston
Georgia Journal of International & Comparative Law
No abstract provided.
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, 2014 University of Georgia School of Law
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Georgia Journal of International & Comparative Law
No abstract provided.
A Randomized Experiment Of The Split Benefit Health Insurance Reform To Reduce High-Cost, Low-Value Consumption, 2014 Boston University School of Law
A Randomized Experiment Of The Split Benefit Health Insurance Reform To Reduce High-Cost, Low-Value Consumption, Christopher Robertson, David V. Yokum, Nimish Sheth, Keith A. Joiner
Faculty Scholarship
Traditional cost sharing for health care is stymied by limited patient wealth. The “split benefit” is a new way to reduce consumption of high-cost, low-value treatments for which the risk/benefit ratio is uncertain. When a physician prescribes a costly unproven procedure, the insurer could pay a portion of the benefit directly to the patient, creating a decision opportunity for the patient. The insurer saves the remainder, unless the patient consumes. In this paper, a vignette-based randomized controlled experiment with 1,800 respondents sought to test the potential efficacy of the split benefit. The intervention reduced the odds of consumption by about …
Ebola: Towards An International Health Systems Fund, 2014 Georgetown University
Ebola: Towards An International Health Systems Fund, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The current outbreak of Ebola virus disease (EVD) in West Africa is spiraling out of control, but it never had to happen. What can the international community do now to bring the epidemic under control, and how can we prevent the next one?
The counties most affected by Ebola (Guinea, Liberia, and Sierra Leone), rank among the lowest in global development, lacking essential public health infrastructure. If the affected countries had adequate public health systems, they probably would have contained Ebola within rural settings, avoiding the first outbreak in major urban areas.
More than 130 health workers have died from …
Health Care For Low-Income Classes In An Individual Mandate System: Lessons The United States Can Learn From Switzerland, 2014 University of Georgia School of Law
Health Care For Low-Income Classes In An Individual Mandate System: Lessons The United States Can Learn From Switzerland, Mason F. Reid
Georgia Journal of International & Comparative Law
No abstract provided.