Law Commons^™

The Right To Die: Themes And Variations, Charles Baron

Charles H. Baron

No abstract provided.

The Constitutionality Of The Patient Protection And Affordable Care Act In The Courts Of Appeals, Mel Cousins

Mel Cousins

Having undergone an extensive process of political discussion and debate, the ACA (properly the Patient Protection and Affordable Care Act) is now under intensive legal challenge with over 20 different cases from both states and organizations and individuals having been initiated. The challengers argue that the Act lacks a constitutional basis and/or infringes on their constitutional rights. These cases involve a fascinating intersection of legal, political and policy issues and, regardless of the outcome, will have important implications for the future direction of US health care policy. There have now been four decisions of the courts of appeal on the …

Perfectly Legal To Mandate The Purchase Of Insurance, Alan E. Garfield

Alan E Garfield

No abstract provided.

Public Health Legal Services: A New Vision, David I. Schulman, Ellen Lawton, Paul R. Tremblay, Randye Retkin, Megan Sandel

Paul R. Tremblay

In recent years, the medical profession has begun to collaborate more and more with lawyers in order to accomplish important health objectives for patients. That collaboration invites a revisioning of legal services delivery models and of public health constructs, leading to a concept we develop in this article, and call "public health legal services." The phrase encompasses those legal services provided by non-government attorneys to low-income persons the outcomes of which when evaluated in the aggregate using traditional public health measures advance the public's health. This conception of public health legal services has emerged most prominently from innovative developments in …

Efficiencies In Aids Programming: The Rhetoric And The Realities, Brook Baker, David Holtzman, Jennifer Cohn

Brook K. Baker

Finding “efficiencies” in global HIV programs is the buzzword of the hour. This term has peppered speeches of everyone from Global AIDS Ambassador Eric Goosby to President Clinton and Bill Gates. Even UNAIDS is utilizing new frameworks for costing HIV interventions focusing on strategic investments instead of needs-based costing. “Efficiency” here is generally taken to mean “do more with less” — save lives with fewer resources and win the war against HIV without funding increases. Although there are efficiencies to be gained, additional up-front investments are necessary to turn the tide against HIV and save future costs. It is also …

Moderator, Questions Of Social Justice, Francine Sherman

Francine T. Sherman

No abstract provided.

Occupational Injuries Among Nurses And Aides In A Hospital Setting, Leslie Boden, Grace Sembajwe, Torill Tveito, Dean Hashimoto, Karen Hopcia, Christopher Kenwood, Anne Stoddard, Glorian Sorenson

Dean M. Hashimoto

Background

Patient care workers in acute care hospitals are at high risk of injury. Recent studies have quantified risks and demonstrated a higher risk for aides than for nurses. However, no detailed studies to date have used OSHA injury definitions to allow for better comparability across studies.

Methods

We linked records from human resources and occupational health services databases at two large academic hospitals for nurses (n = 5,991) and aides (n = 1,543) in patient care units. Crude rates, rate ratios, and confidence intervals were calculated for injuries involving no days away and those involving at least 1 day …

Commerce Games And The Individual Mandate, Leslie Henry, Maxwell Stearns

Maxwell L. Stearns

While the Supreme Court declined an early invitation to resolve challenges to the Patient Protection and Affordable Care Act (“PPACA”), a recent split between the United States Courts of Appeals for the Sixth Circuit (sustaining the PPACA’s “individual mandate”) and the Eleventh Circuit (striking it down) virtually ensures that the Court will decide the fate of this centerpiece of the Obama Administration’s regulatory agenda. Whatever the Court’s decision, it will likely affect Commerce Clause doctrine- and related doctrines - for years or even decades to come.

Litigants, judges, and academic commentators have focused on whether the Court’s “economic activity” tests, …

Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

Proxy Consent To Participation Of The Decisionally Impaired In Medical Research - Maryland's Policy Initiative, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Diane Hoffmann

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …

The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

The Dangers Of Directives Or The False Security Of Forms, Diane E. Hoffmann, Sheryl Itkin Zimmerman, Catherine J. Tompkins

Diane Hoffmann

No abstract provided.

The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian

Diane Hoffmann

Over a quarter of a century has passed since health care ethics committees (HCECs) in the United States received legal recognition as alternatives to the courts in resolving conflicts related to patient end-of-life care. By the mid to late 1980s HCECs had been established in over half of U.S. hospitals and had received a certain legitimacy in the health care system. Given their age and growth one could characterize them developmentally as emerging from adolescence and establishing themselves in young adult-hood. As a result, we might expect that they would have resolved the identify crisis characterizing the adolescent years. Yet, …

Physicians Who Break The Law, Diane E. Hoffmann

Diane Hoffmann

This paper takes as its starting point a recent article by Prof. Sandra Johnson, Regulating Physician Behavior: Taking Doctors “Bad Law” Claims Seriously. In the article, Johnson focuses on doctors who comply with the law despite their belief that the law is “bad”, i.e., causes them to behave in ways that are harmful to their patients. In Physicians Who Break the Law, I explore cases where physicians break the law claiming that it is “bad”. In this exploration, I focus on two areas of physicians’ lawbreaking: (1) violations of business-related laws, in particular, insurance fraud; and (2) violations of laws …

Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil

Diane Hoffmann

No abstract provided.

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

The Maryland Health Care Decisions Act: Achieving The Right Balance?, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

The Biotechnology Revolution And Its Regulatory Evolution, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

Building Public Health Law Capacity At The Local Level, Diane Hoffmann, Virginia Rowthorn

Diane Hoffmann

No abstract provided.

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

When Should Judges Admit Or Compel Genetic Tests?, Diane Hoffmann, Karen Rothenberg

Diane Hoffmann

No abstract provided.

Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz

Diane Hoffmann

No abstract provided.

Achieving The Right Balance In Oversight Of Physician Opiod Prescribing For Pain: A Survey Of State Medical Boards, Diane Hoffmann, Anita Tarzian

Diane Hoffmann

No abstract provided.

Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp

Diane Hoffmann

No abstract provided.

Mediating Life And Death Decisions, Diane E. Hoffmann

Diane Hoffmann

No abstract provided.

The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian

Diane Hoffmann

In general, women report more severe levels of pain, more frequent incidences of pain, and pain of longer duration than men, but are nonetheless treated for pain less aggressively. The authors investigate this paradox from two perspectives: Do men and women in fact experience pain differently - whether biologically, cognitively, and/or emotionally? And regardless of the answer, what accounts for the differences in the pain treatment they receive, and what can we do to correct this situation?

Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn

Diane Hoffmann

No abstract provided.