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Full-Text Articles in Law
Doing More With Less: State Public Health Emergency Powers Post-Pandemic, Kelly J. Deere
Doing More With Less: State Public Health Emergency Powers Post-Pandemic, Kelly J. Deere
Saint Louis University Journal of Health Law & Policy
Three years after COVID-19 arrived in the United States, many governors and public health officials are equipped with fewer—not more—public health emergency powers than at the start of the pandemic. This may seem counterintuitive, considering that this virus has killed more than 1.1 million Americans and counting. While public health emergency powers were stripped on the federal, state, and local level, this loss is most acutely felt at the state executive level. Some state legislatures passed laws banning state and local governments from implementing a mask or vaccine mandate, while others amended their state emergency disaster statutes to limit the …
Examining Sociodemographic Data Reporting Requirements In State Disease Surveillance Systems, Samantha Bent Weber, Amanda Moreland, Rachel Hulkower, Tara Ramanathan Holiday
Examining Sociodemographic Data Reporting Requirements In State Disease Surveillance Systems, Samantha Bent Weber, Amanda Moreland, Rachel Hulkower, Tara Ramanathan Holiday
Saint Louis University Journal of Health Law & Policy
Law plays an important role in the collection of data related to disease and injury in a population. A robust system of laws sets out requirements for the collection, analysis, and dissemination of disease reporting data from local, state, territorial, and federal public health institutions. Occurrence of disease, including outbreaks of novel infectious agents like coronaviruses, influenza viruses, and others that have arisen in recent years, often require epidemiologists and others to understand not only the etiology and specific context of diseases and conditions, but also the trajectory of their spread among and across communities. Capturing sociodemographic data is critical …
State Peer Review Laws As A Tool To Incentivize Reporting To Medical Boards, Nadia N. Sawicki
State Peer Review Laws As A Tool To Incentivize Reporting To Medical Boards, Nadia N. Sawicki
Saint Louis University Journal of Health Law & Policy
State medical boards have been stymied in their ability to take disciplinary action against physicians who engage in serious misconduct, in part because hospitals and other health care organizations rarely report such misconduct. This Article offers a proposal for incentivizing hospital reporting of physician misconduct, inspired by an existing but flawed model in the federal Health Care Quality Improvement Act. This Article proposes that state legislatures link state medical practice act reporting requirements with state laws establishing an evidentiary privilege for peer review activities.
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Has Erisa Closed Our Laboratories? Options For State Health Reform, Terrence Burek
Has Erisa Closed Our Laboratories? Options For State Health Reform, Terrence Burek
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Ubiquitous False Claims Act: The Incongruous Relationship Between A Civil War Era Fraud Statute And The Modern Administrative State, Malcolm J. Harkins Iii
The Ubiquitous False Claims Act: The Incongruous Relationship Between A Civil War Era Fraud Statute And The Modern Administrative State, Malcolm J. Harkins Iii
Saint Louis University Journal of Health Law & Policy
No abstract provided.