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A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills
A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills
Journal of Law and Health
Proceeding from the proposition that privacy is a fundamental right, this essay notes the importance of maintaining medical records privacy in light of the increased use of technology. It describes the Privacy Rule promulgated under HIPAA, which was intended to strengthen medical records privacy, but notes the restriction of privacy rights following September 11, 2001 ("9/11"). In light of circumscribed privacy rights, the Privacy Rules becomes much more important in protecting medical records privacy. Unfortunately, the Rule falls short of this goal by potentially running afoul of the First and Fourth Amendments. It also fails to provide adequate medical records …
Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer
Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer
Journal of Law and Health
This note questions the wisdom of those who content that Catholic health providers, to constitutionally qualify for government assistance or be permitted to merge with public entities, must be stripped of that which makes them most effective - their religious identity. The threat to sectarian healthcare has steadily been on the rise as can be seen in actions such as the American Public Health Association's recent approval of a policy statement recommending more government oversight to preclude the dropping of reproductive services when Catholic and Non-Catholic hospitals merge. Section II explores why these mergers occur and why certain services are …
The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka
The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka
Journal of Law and Health
This Note discusses and assesses the Government's likelihood of passing constitutional scrutiny with the Master Settlement Agreement's restrictions in light of the First Amendment case law. A majority of the restrictions will likely pass constitutional scrutiny because they meet the demanding requirements of Central Hudson and its progeny. The author believes that a few of the restrictions need to be more narrowly tailored in order to pass constitutional scrutiny. Suggestions on how to narrowly tailor the restrictions to comport with Central Hudson are proffered by the author. Section II provides an overview of the history of First Amendment commercial speech …