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Should The Patient Conquer?, William M. Sage

Faculty Scholarship

In 1596, Robert Bainbridge carved “The patient shall conquer” into the wall of his cell in the Tower of London. It is highly unlikely that Bainbridge was an early advocate for recipients of medical care, imprisoned perhaps by a cruel sheriff denied his payroll taxes or by a domineering barber refused his fee. But its unintended meaning would immediately provoke sympathy from many health care reformers. As we confront the critical challenges of implementing national health-care reform, however, whether the patient should conquer is a legitimate topic for debate. Does the patient’s conquest risk the collapse of the health-care system …

High Hopes: Public Health Approaches To Reducing The Need For Health Care, Michele J. Orza

National Health Policy Forum

Driven in part by a desire to contain health care costs, policymakers are looking beyond medical care for opportunities to reduce the need for expensive services. This paper briefly reviews current public health concepts and strategies for improving health that emphasize nonmedical factors such as behavior, socioeconomic status, and environment. It also provides examples of how these concepts and strategies undergird many of the public health provisions of the Patient Protection and Affordable Care Act, other legislation, and several programs and initiatives. These concepts include prevention, health in all policies, global health, the One Health Initiative, and climate change and …

A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin

Buffalo Public Interest Law Journal

No abstract provided.

The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Governmental Public Health: An Overview Of State And Local Public Health Agencies, Eileen Salinsky

National Health Policy Forum

The Patient Protection and Affordable Care Act significantly expands federal support for community prevention and public health. This paper describes the governmental public health infrastructure at both the state and local level in terms of organizational structure, activities, financing, workforce, partnerships, and performance improvement efforts.

Ensuring Government Accountability During Public Health Emergencies, Fazal Khan

Scholarly Works

The main argument of this Article is that the gravest threat to civil liberties during a public health emergency (PHE) stems from federal powers premised on post-9/11 national security justifications, not putative state powers under the Model State Emergency Health Powers Act (MSEHPA). While I concur with earlier assessments that the MSEHPA is seriously flawed and that PHEs should be construed as primarily federal issues, going forward, more critical attention needs to be focused on the federal role during PHEs as the initially alarming MSEHPA appears to be more of a paper tiger. First, as the responses to Hurricane Katrina …

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 …

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 …

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

University of Arkansas at Little Rock Law Review

No abstract provided.

Combating Antimicrobial Resistance: Regulatory Strategies And Institutional Capacity, William M. Sage, David A. Hyman

Faculty Scholarship

Amnesia is a common, important, but rarely noted side effect of antibiotics. Apart from medical historians, few recall the severe morbidity and mortality once associated with acute bacterial infection. However, decades of antibiotic overuse and misuse have compromised the long-term availability and efficacy of these life-saving therapies. If designed and implemented appropriately, regulation can reduce the risk of bacterial infection, reserve antibiotics for circumstances where they are necessary, and rationalize the use of the most powerful agents. Regulation of antibiotic resistance can be justified, and should be guided, by both efficiency and fairness. A range of regulatory options are available--some …

The Medical Education Of Physicians, Jonathan Saxton

National Health Policy Forum

This background paper provides a descriptive overview of the process of education, licensing, certification, and continuing education involved in becoming and continuing to practice as a physician.

Preemption And The Public Health: How Wyeth V. Levine Stands To Change The Ways In Which We Implement Health Policy, Shane Levesque

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber

Journal of Health Care Law and Policy

No abstract provided.

Moving Global Health Law Upstream: A Critical Appraisal Of Global Health Law As A Tool For Health Adaptation To Climate Change, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

The relatively new discipline of global health law is a potentially powerful tool for promoting health adaptation to climate change. Unfortunately, global climate change will intensify exactly those health threats that have not been adequately addressed by multilateral cooperation with respect to health in the past, which has been dominated by security-based and treatment-focused approaches. Recent focus on biosecurity concerns such as the global spread of emerging infectious diseases and biological terrorism has further entrenched a security-based approach to global health law and policy that has origins in the earliest attempts at international health cooperation and is currently embodied in …

Assessing The Impact Of Federal Law On Public Health Preparedness, Lindsay Wiley, Ben Berkman, Susan C. Kim

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Off-Label Drug Promotion Is Lost In Translation: A Prescription For A Public Health Approach To Regulating The Pharmaceutical Industry's Right To Market And Sell Its Products, Mariestela Buhay

Journal of Health Care Law and Policy

No abstract provided.

Emerging And Transitioning Countries’ Role In Global Health, Jennifer Prah Ruger, Nora Y. Ng

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Reflections On Preparedness: Pandemic Planning In The Bush Administration, Stewart Simonson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

A Hidden Epidemic: Assessing The Legal Environment Underlying Mental And Behavioral Health Conditions In Emergencies, James G. Hodge Jr., Lainie Rutkow, Aubrey Joy Corcoran

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Cross-Border Legal Preparedness: A Comparative Review Of Selected Public Health Emergency Legal Authorities In Canada And Mexico, Daniel D. Stier, María Guadalupe Uribe Esquivel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Pandemics, Populism And The Role Of Law In The H1n1 Vaccine Campaign, Wendy E. Parmet

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Assessing The Impact Of Federal Law On Public Health Preparedness, Benjamin E. Berkman, Susan C. Kim, Lindsay F. Wiley

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic, Zita Lazzarini

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Putting The Community Back Into The "Community Benefit" Standard, Jessica Berg

Georgia Law Review

Disputes about tax exemption for hospitals are occurring all over the country. Local tax authorities have revoked tax- exempt status for some hospitals. State governments are considering whether to require minimum amounts of charity care in exchange for tax exemption. Congress is debating whether hospitals should remain a part of the nonprofit sector at all. At the same time, uninsured individuals are suing hospitals for unfair billing and collection practices. Creative accounting and expansive definitions of "free" care have led to a variety of non ideal practices by hospitals in order to balance their bottom line, while maintaining tax-exempt status. …

Pursuing Health As Foreign Policy: The Case Of China, Yanzhong Huang

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah

Faculty Publications By Year

Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access …

Obesity, Poverty, And The Built Environment: Challenges And Opportunity, Wendy Collins Perdue

Law Faculty Publications

Obesity and its associated chronic diseases have become a major health concern in the United States.... Approximately two thirds of adults in the United States are either overweight or obese, and the condition is linked to diabetes, high blood pressure and other chronic conditions requiring ongoing medical supervision. Obesity is a particular health concern for the poor. Not only are obesity rates generally higher among those with lower socioeconomic status, but the chronic conditions caused by obesity may present a particular challenge for the poor who often lack access to necessary ongoing medical supervision.

Mitigation/Adaptation And Health: Health Policymaking In The Global Response To Climate Change And Implications For Other Upstream Determinants, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling …

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Journal of Law and the Public Interest

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …