Law Commons^™

Addressing Mental Health In Young Adults: A Modern Approach Compared To Previous Generations, Breeha A. Shah

DePaul Journal of Health Care Law

The escalating prevalence of mental health issues among today's young adults underscores the vital importance of addressing mental health in the pursuit of public health objectives. In response to this, The House Education and Labor Committee issued a report on the Mental Health Services for Students Act of 2020 (the Act), to amend the Public Health Service Act relating to school children. This revision seeks to bolster the support for students and young people by ensuring their access to comprehensive mental health programs within the school environment. The Act recognizes that safeguarding mental health is an immediate concern for public …

Draining Chicago’S Food Swamps: Legal Approaches, Sofia Fernandez

DePaul Journal of Health Care Law

Public health is a collective responsibility of society to improve the health and wellbeing of communities, focusing on preventing disease and promoting health as opposed to providing medical care for those already ill.1 The law consists of rules issued and enforced by government entities “through which populations organize their governments, regulate social and economic interactions, and guide behavior.”2 Public health law exists at the intersection of these two fields, comprising “the legal powers and duties of the state to identify, prevent, and ameliorate risks to the health of populations, as well as the study of legal structures that have a …

Random Drug Testing Of Physicians: A Question Of Safety, Jeffrey Julian, Eli Y. Adashi, I. Glenn Cohen

DePaul Journal of Health Care Law

The prospect of mandatory random drug testing of physicians in the U.S. has been the subject of active discussion for well over three decades.1 To this day, however, such programs remain the exception rather than the rule.2 In this paper, we examine the state of mandatory random drug testing of physicians in the U.S. and explore the future prospects thereof. It was a 1986 Executive Order (Drug-Free Federal Workplace) of President Reagan that saw to it that physicians in the employ of the federal government were to be subjected to mandatory random drug testing.3 This development was attributable to the …

The Meaningless Sorry: The Risks Of Intersecting Apology Laws With Medical Malpractice Liability, Reid Byers

DePaul Journal of Health Care Law

No abstract provided.

The Anticipated And Actual Impact Of Apology Laws: How Much Is An Apology Worth?, Leah Carter

DePaul Journal of Health Care Law

No abstract provided.

Neuroscience And The Criminal Legal System: A Humanitarian Application Framework, Dorothy Hayes

DePaul Journal of Health Care Law

Advancements in neuroscience call our intuitive notion of free will into question—and by implication, invite a reassessment of the United States criminal legal system and its reliance on radical personal agency. In the backdrop of the evolving landscape of neuroscience and neurolaw is an inquiry: how do we appropriately and ethically incorporate advancements of these fields into law and policy? This paper pulls that question to the forefront, advocating for a humanitarian-forward framework to guide the process. The framework emphasizes the Daubert standard, addresses the “G2i” problem, and includes a balancing test to ensure the protection of neurorights. The paper …

Telehealth Fraud And Abuse Before And “After” The Pandemic: Are Things Going To Get Better?, Natalia Shamuel

DePaul Journal of Health Care Law

Telehealth and telemedicine have become increasingly useful to both patients and health care providers. The ease and comfort of attending a doctor’s appointment in the comfort of one’s own home made telehealth and telemedicine convenient, safe, and effective options for seeing a doctor during the height of the COVID-19 pandemic. However, with increased usage of telehealth and telemedicine came increased health care fraud and abuse. With increased health care fraud and abuse came increased regulations, both on the federal and state levels. This Note provides a brief analysis of health care fraud and abuse in the telehealth and telemedicine space. …

The Future Of Healthcare Is Generic: Expanding Hatch-Waxman To Equitably Regulate The Healthcare Products Industry, George Encarnacion Jr.

DePaul Journal of Health Care Law

This article serves to address the statutory disconnect in the healthcare industry regarding generic products. There has been marked success in the generics market pertaining to pharmaceutical drugs, but the same cannot be said for medical devices and, in more recent times, biosimilars. The end result for consumers is higher product prices, limited access of care, and a more burdensome healthcare system. This article explores the statutory history of drug and medical device approval and production. It also explores differences between modern regulation of generic drugs and generic medical devices, focusing on key issues of FDA approval, consumer safety and …

The Relevance Of Fda Regulation In Medical Device Product Defect Cases, Edward Correia

DePaul Journal of Health Care Law

Medical device product cases typically involve a jury determination whether a product is unreasonably dangerous. If the product has been cleared for marketing by the Food and Drug Administration, it has been through an extensive regulatory process in which the safety of the product is potentially reviewed by experts. Nevertheless, a number of courts have concluded that juries should not hear about FDA regulation in making factual findings regarding liability and damages.

What the FDA concludes about the safety of a product can be extremely relevant to juries in deciding whether to find there was a defective product and whether …

Covid-19 Policies & Their Impact On Housing And Health Outcomes In The City Of Chicago, Khushbu Patel

DePaul Journal of Health Care Law

The COVID-19 mandates and policies that were implemented by both the state of Illinois and the City of Chicago, such as the eviction moratorium, dramatically improved health outcomes by alleviating the financial stress of many households. Discussing social determinants of health and evaluating the impact that each social determinant had on housing and health outcomes allows for an in-depth look at the overall concept of housing in Chicago and the health outcomes of low-income individuals. Comparing the housing laws in place before COVID-19 at the federal, state, and local levels allows for analyzing the impact of the COVID-19 policies and …

A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May

DePaul Journal of Health Care Law

The United States spends more for health care per capita than any other country in the world. Despite spending more, the United States has weaker health care outcomes than other similarly developed countries. This fact alone makes health care an important subject for policy reform. Given the current partisan gridlock in Congress, it is difficult to foresee any significant legislation in the area of health care reform at the federal level in the near future. As a result, Congress has allocated major health care reform efforts to the states. However, ERISA stands as a huge obstacle to state health care …

The Implication Of Texas Abortion Law Sb8 On At-Risk Populations In Texas And Other States, Kelly Zielinski

DePaul Journal of Health Care Law

When the United States Supreme Court didn’t strike down, SB8, Texas’ anti-abortion law, there was a shift in the legal landscape for women’s reproductive rights. The novel structure of the bill would undeniably lead to copycat bills being enacted by other states looking to restrict access to abortion and disproportionately affect at-risk populations in those states. To protect the most vulnerable populations, the government needs to enact laws that recognize abortion as healthcare. Roe v. Wade has been precedent for fifty and any limitations on the established law will have lasting impacts on generations to come. This comment summarizes the …

Manipulating The Prescription Drug Market: Spiking Prices, Inducing Demand, And Costs To The Public, Katherine Drabiak, J.D.

DePaul Journal of Health Care Law

In 2016, Mylan made headlines when it spiked the price of its EpiPen AutoInjector by 400%, raising the price from an average of $57 to $500. Critics called the price hike “outrageous, “brutal” and “corrupt.” Public outcries fueled a demand for a Congressional investigation, and Mylan negotiated a settlement with the United States Department of Justice over alleged violations of the False Claims Act. Although competition self-corrected and similar products entered the marketplace, this case – and other similar cases involving generic drugs and insulin – highlighted the skyrocketing costs of prescription drugs in the United States. In 2019, United …

Dental Support Organizations And The Corporate Practice Of Dentistry: Will Streamlining Create Legal Violations?, Angelina Campin

DePaul Journal of Health Care Law

The increased use of technology when searching for health care providers means that consumers of dental care are more concerned with efficiency in making appointments and paying bills, immediate access to information, clear pricing, and transparency when it comes to choosing a provider and a facility to visit. Keeping up with the increased demands for efficiency and technological advances presents a challenge to sole practitioner dentists, which is the standard dental practice model. Dental support organizations (“DSOs”) have seen an increase in popularity recently, especially over the last five to ten years, in part to meet both the needs of …

The Problems With Patchwork: State Approaches To Regulating Insurer Use Of Genetic Information, Jarrod O. Anderson, Anna C.F. Lewis, Anya E.R. Prince

DePaul Journal of Health Care Law

No abstract provided.

Level Up: The Use Of Video Games In Healthcare, Yaseli Arellano

DePaul Journal of Health Care Law

Video games have been primarily used for recreational purposes, however over the last few years the healthcare field has taken an interest in them. Traditionally, video games were primarily used for recreational purposes but as technology has evolved, video games are now being used to improve patient health outcomes and improve the way physicians and medical professionals practice medicine. While there may be some adverse effects associated with gaming, the benefits outweigh them. This paper discusses the positive impact video games have had in healthcare including, medical training, anxiety management, and physical therapy.

The Opioid Crisis: The Battle For Overdose Prevention Sites In Illinois, Haley Arnieri

DePaul Journal of Health Care Law

Opioid overdose deaths have been steadily increasing over the past thirty years. Since 1999, more than 841,000 people have died in the United States from a drug overdose. In 2018, two out of three drug overdose deaths were from opioids. Like the rest of the country, Illinois was not able to escape this public health crisis. Opioid overdoses are the leading cause of injury-related death in the United States, but these deaths are preventable with the right resources. Some jurisdictions have started to look at new solutions to this public health crisis such as supervised injection site.

This Article discusses …

The Growing Use Of Mid-Level Practitioners In The Delivery Of Health Care, Taylor Pankau

DePaul Journal of Health Care Law

No abstract provided.

Not-For-Profit Hospitals And Managed Care Organizations: Why The 501c)(3) Tax-Exempt Status Should Be Revised, Andrew C. Papa

DePaul Journal of Health Care Law

Healthcare organizations abuse the 501(c)(3) tax-exempt status—reaping tax benefits but failing to give back to their local communities in return. Congress created the 501(c)(3) tax-exempt status to benefit the poor and impoverished. Yet, not-for-profit hospitals and managed care organizations are neither required to offer services to the poor nor required to offer emergency care services to their local communities. Instead, they charge higher prices in their increasingly concentrated markets. Therefore, consumers subsidize the same not-for-profit healthcare systems that charge them higher prices.

This Article analyzes government-placed incentives under the 501(c)(3) tax-exempt status, demonstrating how not-for-profit hospitals unfairly compete with for-profit …

Ethics Of Familial Genetic Genealogy: Solving Crimes At The Cost Of Privacy, Craig M. Klugman, Hector F. Rodriguez

DePaul Journal of Health Care Law

No abstract provided.

Developing A National Strategic Plan To Address The Effects Of Climate Change On Human Health, Katherine Kettering

DePaul Journal of Health Care Law

No abstract provided.

The Problems With Patchwork: State Approaches To Regulating Insurer Use Of Genetic Information, Jarrod O. Anderson, Anna C.F. Lewis, Anya E.R. Prince

DePaul Journal of Health Care Law

No abstract provided.

Patenting Antibodies: A Complication In Written Description Jurisprudence, Krisha Yadav-Rajan

DePaul Journal of Health Care Law

No abstract provided.

Minding The Gaps In Regulation Of Do-It-Yourself Biotechnology, Barbara J. Evans

DePaul Journal of Health Care Law

No abstract provided.

Artificial Intelligence And Technology In Health Care: Overview And Possible Legal Implications, Sarah Kamensky

DePaul Journal of Health Care Law

No abstract provided.

Are Vape Pens The New Cigarette? The Fda's Impending Quest To Regulate The E-Cigarette And Its Effect On Society's Youth, Addison J. Morgan

DePaul Journal of Health Care Law

No abstract provided.

Must A Physician Treat A Disruptive Or Abusive Patient Or Can The Doctor Fire That Person?, Samuel D. Hodge, Jr.

DePaul Journal of Health Care Law

No abstract provided.

Emtala & Psychiatric Patients, Alexander Martell

DePaul Journal of Health Care Law

No abstract provided.

The Enigma Of Home Health Care: Initiatives To Combat Endemic Fraud And Improve Quality Care, Alec Deborin

DePaul Journal of Health Care Law

No abstract provided.

Conflict Of Interest In The Pharmaceutical Sector: A Guide For Public Management, Marc A. Rodwin

DePaul Journal of Health Care Law

No abstract provided.