Health Law and Policy Commons^™

Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Information And Incentives: Improving The Health Of New York City's Low-Income Population, Kathryn Linehan, Lisa Sprague

National Health Policy Forum

The National Health Policy Forum sponsored a site visit to New York City (NYC) in April 2010 to explore health care delivery for Medicaid beneficiaries and the uninsured in New York City’s hospital-dominated market. New York offers real-time examples of government policy and provider initiatives in health information technology (IT) and quality improvement being played out on a large, complex, and dynamic stage with multiple stakeholders. Site visit participants heard from providers and others who discussed efforts to improve the quality of care for low-income New Yorkers through a variety of methods, such as the adoption and use of electronic …

Law & Health Care Newsletter, V. 17, No. 2, Spring 2010

Law & Health Care Newsletter

No abstract provided.

Health Law Outlook - Volume 3, Issue 2 (Spring 2010)

Health Law Outlook (archive)

Inside this issue:

• Reforming New Jersey's Vaccination Exemption Policy: The Conscientious Exemption Bill, Michael Poreda
• Value-Based Insurance Design: One Non-Legislative Health Reform Option, Kate Freed
• The Rigorous Requisites to Compassionate Use in New Jersey: The Highs (and Lows) of Legalizing Medical Marijuana, Nicole Hamberger
• So Close and Yet So Far: The Debate Over Legalization of Medical Marijuana, Stephanie Mazzaro
• Accountable Care Organizations: A New Thing With Some Old Problems, Professor Thomas L. Greaney
• Electronic Cigarettes: A Tobacco Product or a Drug-Device Combination, Mat McKennan
• "He Who Has Health Has Hope, and He Who Has …

At&T V. Hulteen: The Ghost Of The Supreme Court On Pregnancy Discrimination And Pay Equality For Women’S Pension Benefits In America, Walakewon Blegay

Articles in Law Reviews & Journals

Historically, discrimination against women concerning childbirth and pregnancy was legally sanctioned and resulted in fewer advantages for women in the workforce. Most employers discharged a woman as soon as she became noticeably pregnant, and if she returned, she was considered a new, rather than a returning employee. Before 1978, many employers would give female employees a maximum of thirty days of credited pregnancy-related disability leave, while non-pregnant employees would receive unlimited credit for disability leave. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA), requiring that employers treat pregnant employees the same as employees who were not pregnant.

These laws …

Money, Meet Mouth: The Era Of Regulation And Prescription Drug Importation/Reimportation, Aaron Wong

Articles in Law Reviews & Journals

The author explores why our country has failed to devote the necessary resources to health care, and in particular prescription drug importation and reimportation, in an economic and legal context. He analyzes the unique market characteristics of the pharmaceutical industry, the framework of pharmaceutical drug regulation including prescription drug importation, and the regulatory structure of importation in general. Part II provides background on the health care industry and prescription drug markets in the U.S. and abroad. Part III examines legislative proposals for drug importation and reimportation and the controversial congressional reaction to rising prescription drug prices in the U.S. Part …

Regulating Secondhand Tobacco Smoke In The Americas: A Comparison Of The Top Down And Bottom Up Approaches In Brazil And The United States, Leigh Warren

Articles in Law Reviews & Journals

The author presents a comparative analysis of the legal approaches to regulate Second Hand Smoke (SHS) in Brazil and the United States. Part II reviews the FCTC, its objective to achieve smoke-free public places, and the legal framework supporting freedom from SHS as a human right. Parts III and IV examine Brazil’s top down and the United States’ bottom up approaches to regulating SHS through legislative and judicial measures. Part V presents a comparative analysis of the two approaches and offers recommendations based on lessons learned from each approach. Because neither approach is perfect, Part V also discusses the role …

Reexamining Models Of Disability And Applying Rationality, Morality, And Ethics To Support Disability Rights In Context Of Genetics, Gary C. Norman

Articles in Law Reviews & Journals

The author discusses genetic and assistive reproduction science and technology in light of their impact on people with disabilities. Specifically, he focuses on the prism of the models through which disability is recognized. If applied in a manner such that the best facets of both models of disability can bear forth, then the position of the author, a person with a vision disability, is that his colleagues in the disability civil rights movement should not reflexively excoriate genetic and assisted reproduction science and technology. However, safeguarding people with disabilities, who are a discrete and insular minority across the globe, against …

Food Allergies In Public Schools: Toward A Model Code, Michael Borella

Chicago-Kent Law Review

Sufferers of food allergies can experience anaphylactic shock, and even death, within minutes of exposure to allergens such as peanuts, soy, wheat, eggs, milk, and fish. This causes unique problems when the food allergy sufferers are children in public schools. The widespread availability of these allergens in school lunchrooms and classrooms places children with food allergies in danger while they are entrusted to the government's care. Since these children, especially young children, cannot be relied upon to be able to avoid allergens on their own, reasonable and logical laws should be in place to ensure that children are safe while …

Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey

Pace Law Review

No abstract provided.

Counting The Cost, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.

It Is Not Too Late For The Health Savings Account, Jessica A. Bejerea

Chicago-Kent Law Review

The Health Savings Account (HSA), a tax-advantaged savings vehicle for paying medical expenses, paired with the high deductible health plan, has become a popular means of controlling health care costs and insurance premiums. Recently Congress attempted to increase the attractiveness of the HSA and the high deductible health plan when it amended HSA law in 2006. This note examines these recent changes and argues that certain provisions of the amendments, along with IRS guidance, have instead complicated the rules for HSAs and have neglected to resolve at least one important issue.

From Almshouses To Nursing Homes And Community Care: Lessons From Medicaid's History, Sidney D. Watson

All Faculty Scholarship

Home and community-based services are support and long-term care services that offer an alternative to institutional care for those who need assistance with life's daily activities. For Lois Curtis of Atlanta, one of the plaintiffs in the Olmstead v. L.C.¹ who spent most of her life in mental institutions, it means a live-in companion who helps her with the day-to-day activities of living in her own home, like managing finances, cooking meals, and keeping track of medications.² For Larry McAfee, another Georgian who was quadriplegic, community-based services involved round-the-clock personal care, wheelchair accessible bathrooms and kitchens, a specialized …

Legal Preparedness For Pandemic Influenza: Is Virginia Ready?, Kristen Digirolamo

Law Student Publications

This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during a pandemic and discuss what decision-makers need to be thinking about in order to plan comprehensively. …

Not So Hip?: The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Benjamin K. Hoover

Law Student Publications

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) governs the management of protected health information (“PHI”) by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act (“HITECH”), contained within the American Recovery and Reinvestment Act of 2009, drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the PHI governed by HIPAA. Under the HITECH Act, the definition of “business associate” is expanded, and these entities are treated as “covered” for purposes of the HIPAA security regulations; this …

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty

Law Student Publications

The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize same-sex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all state-level spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one—a partner or child—has a medical emergency or is in the hospital. In Part II, this Comment will …

Don't Bank On Big Medicine: The Virtue Of Specialty Hospitals, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.

The State Health Insurance Assistance Program (Ship), Carol O'Shaughnessy

National Health Policy Forum

The State Health Insurance Assistance Program (SHIP), created by section 4360 of the Omnibus Budget Reconciliation Act (OBRA) of 1990 and administered by the Centers for Medicare & Medicaid Services (CMS), supports grants to states and jurisdictions to provide information, counseling, and assistance to Medicare beneficiaries and their families on Medicare and other health insurance questions. This publication describes the program and presents its funding history.

Oral Health Checkup: Progress In Tough Fiscal Times?, Cynthia Shirk

National Health Policy Forum

Almost ten years after the surgeon general’s report designating dental disease as the “silent epidemic,” the nation continues to struggle with adequate access to and utilization of dental services. This is particularly true for low-income individuals, who experience more than twice the amount of untreated dental disease as their higher-income peers. This issue brief reviews sources of dental coverage for low-income children and adults and the challenges these programs face. It highlights some examples of state Medicaid initiatives to improve access and utilization for children and the progress of these initiatives. Finally, it examines the potential effects of the economy …

Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes