Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Comprehensive Omnibus Budget Reconciliation Act (COBRA) (2)
- Emergency Medical Treatment and Active Labor Act (EMTALA) (2)
- AIDS (1)
- Abandonment (1)
- Antipsychotic drugs (1)
-
- Assisted reproduction (1)
- Comparative law (1)
- Criminal law (1)
- Damages (1)
- Determinalism (1)
- Domestic relations (1)
- Duty of care (1)
- Education (1)
- Employment (1)
- Federal False Claims Act (1)
- Fourth Amendment (1)
- Fraudulent billing (1)
- Geisinger (1)
- Genetic information (1)
- Genetic privacy (1)
- Genetics (1)
- Genomic information (1)
- HIV (1)
- HMO (1)
- Health Care Provider insurance (1)
- Health Care fraud (1)
- Health care (1)
- Health law (1)
- Human Genome Privacy Act (1)
- Human Genome Project (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii
Accessing Genomic Information Or Safeguarding Genetic Privacy, George P. Smith Ii
Journal of Law and Health
The real-although often exaggerated-threats to genetic privacy, and the resulting forms of geneticdiscrimination, posed as a consequence of research in this field, can be contained by careful development and application of legal norms through legislative schemes at the state and federal levels of government. In partnership, law and science should seek to develop a contemporary agenda for social change that also seeks to fulfill socio-political goals.When viewed as but a tool for enhancing the health of the nation's citizens, and of engineering humanity's genetic weaknesses out of the line of inheritance, biological determinism is an absolute necessity for trans-national survival …
A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi
A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi
Journal of Law and Health
This paper will examine the creation of a federal AIDS compensation scheme for victims of injuries caused by vaccines which are distributed as a part of a national immunization program. As a preliminary inquiry, I will examine the impact of perceived liability on potential manufacturers to determine whether the risk of liability for manufacturers decreases the possibility that a successful AIDS vaccine will be introduced into the market. I will then discuss whether, given the present laws and economic incentives surrounding the vaccine industry, a federal compensation scheme for an AIDS vaccine is necessary. After analyzing the unique problems of …
A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine
Journal of Law and Health
Part II of this article discusses the concept of futility and reviews various proposed approaches to defining "futility". This article then shows how personal value judgments play an integral part in determining futility under virtually all of these approaches. Part II concludes that a decision that treatment is futile should not be based on the individual values of only the patient or physician under the shared decisionmaking model of the physician-patient relationship. Part III tackles the issue whether a physician must offer or continue treatment deemed "medically and ethically inappropriate." Part III first reviews common law doctrines governing the physician-patient …
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
Journal of Law and Health
When one thinks about the use of genetic information by third parties for nonmedical purposes, one of the first things that comes to mind is the question of how the third party can gain access to the information. There are three main ways. First, and most importantly, the third party may obtain records developed in the clinical setting. In other words, if someone wants a job or insurance, that person may be required to sign a release authorizing the third party to access those records. Second, the genetic records might be obtained through a genetic data bank. Third, the third …
Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer
Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer
Journal of Law and Health
Given the debilitating nature of psychosis, those affected are often unable to give informed consent about taking the medication. A crucial question is whether civil or criminal authorities can force the individual to take antipsychotic medication and under what circumstances this should be permitted. This review will focus on the current legal status of involuntary treatment with antipsychotics in various patient populations. The constitutional issues involved will be considered in light of both the patient's and the civil or criminal institution's rights and duties. A review of the literature suggests there is a critical need for a balanced position on …
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
Journal of Law and Health
The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …
The Qui Tam Provision Of The Federal False Claims Act: The Statute In Current Form, Its History And Its Unique Position To Influence The Health Care Industry, Carolyn J. Pashke
The Qui Tam Provision Of The Federal False Claims Act: The Statute In Current Form, Its History And Its Unique Position To Influence The Health Care Industry, Carolyn J. Pashke
Journal of Law and Health
Unlike the defense industry (which has relatively little contact with the general public), the health care industry, as a service industry, is largely reliant on the general public. A lawsuit involving fraud in health care threatens to harm the public's opinion of the health care industry. For this reason, the qui tam provisions of the FCA (False Claims Act) are in a unique position to generate action and changes and have a substantial impact on the health care industry. This note will discuss the history of the qui tam element of the FCA; a breakdown of the statute;areas in the …
Tax Exemption To Health Maintenance Organizations: What's The Issue And Who Should Decide It, Arthur M. Reginelli
Tax Exemption To Health Maintenance Organizations: What's The Issue And Who Should Decide It, Arthur M. Reginelli
Journal of Law and Health
In light of the expected role HMOs will play in this country's health care reform, the continued debate over the Service's position regarding tax exemption for HMOs, the recent judicial confirmation of the Service's position regarding tax exemption for HMOs, the recent judicial confirmation of the Service's position, and proposals to codify the requirements a tax-exempt HMO must meet, a closer look at HMOs and the questions involving their tax exemption is warranted. Specifically, this note will examine the criteria that hospitals must meet to attain tax-exempt status and will consider the appropriateness of these criteria with respect to HMOs. …
The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick
The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick
Cleveland State Law Review
Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.
The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick
The Effect Of State Medical Malpractice Caps On Damages Awarded Under The Emergency Medical Treatment And Active Labor Act (42 U.S.C. 1395dd), Amy J. Mckitrick
Cleveland State Law Review
Although EMTALA was passed in 1986, there have been relatively few cases reported which aid in establishing the scope and boundaries of the Act. The legislature itself has attempted to clarify EMTALA's provisions, and has amended the Act nearly every year since its enactment, the most recentamendments in 1990 and the most extensive amendments taking place in 1989. These amendments, however, have not changed the Act significantly from its original purpose and objectives7 and thus, much of the case law remains pertinent to a current analysis of the application of state medical malpracticecaps to claims under EMTALA.