Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- ADA (5)
- Medicaid (4)
- Age of Partisan (3)
- Disability Rights (3)
- Polarization (3)
-
- Acceptably Medical (1)
- Accountability (1)
- Administration (1)
- Administration's Medicaid Waivers (1)
- Ag-Gag Laws (1)
- Aggravated (1)
- Aggravating Factor (1)
- Alien (1)
- All Seasons (1)
- Americans with Disabilities Act (1)
- Analysis (1)
- And Education (1)
- Appellate Brief (1)
- Application (1)
- Argument (1)
- Backward Through Brown (1)
- Beyond Integration (1)
- Big Tobacco (1)
- Black Children (1)
- Brain (1)
- Can You Relate? Bristol-Myers (1)
- Capital-Eligibility Schemes (1)
- Card (1)
- Challenges (1)
- Challenges Facing Black Children (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
Foreword, Sidney D. Watson
Foreword, Sidney D. Watson
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Justice And The Struggle For The Soul Of Medicaid, Dayna Bowen Matthew
Justice And The Struggle For The Soul Of Medicaid, Dayna Bowen Matthew
Saint Louis University Journal of Health Law & Policy
The soul of Medicaid is and always has been to achieve justice in health care. Medicaid at its inception was designed to ensure that the most vulnerable members of society are not excluded from access to good health that all others enjoy. Yet, as the title of this symposium aptly reflects, “The Struggle for the Soul of Medicaid” remains vulnerable to repeated and relentless political attacks. Why is this so, given that the program finances care for nearly sixty-four million Americans?
This article posits that Medicaid is vulnerable because our nation’s commitment to justice in health care remains uncertain. Historically, …
Medicaid’S Role For Seniors And People With Disabilities: Current State Trends, Marybeth Musumeci
Medicaid’S Role For Seniors And People With Disabilities: Current State Trends, Marybeth Musumeci
Saint Louis University Journal of Health Law & Policy
Medicaid fills a gap in the U.S. health care system as the primary payor for long-term services and supports (LTSS). These services enable seniors, people with disabilities, and those with chronic illnesses to live independently in the community, outside of nursing homes and other institutions. Most Medicaid home and community-based services (HCBS) are covered at state option, unlike nursing home care, which all state Medicaid programs must cover. States have substantial flexibility in designing their Medicaid HCBS programs under federal law, and Medicaid provides an important source of federal funding to states to help meet the LTSS needs of seniors …
Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe
Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe
Saint Louis University Journal of Health Law & Policy
Public health law has been a growing field over the last few decades. From the early days of its initial recognition as an academic and professional field to its more recent texts and treatises, public health law is continuing to define itself. To that end, Burris et al. recently published two works describing a transdisciplinary model of public health law and five essential services of public health law.
This article examines how the inclusion of social work in the model can be instrumental in forming better public health laws. The intentional inclusion of social work collaborators would supplement legal and …
Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer
Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer
Saint Louis University Journal of Health Law & Policy
Amended in 2008, the Americans with Disabilities Act (ADA), with its sole mission to protect individuals with disabilities, is still gaping with holes in coverage due to recent court interpretations. One such interpretation is the lack of protection for patients being treated with legally prescribed medications. With widespread misconceptions about opioid use and its effects, employers take adverse action upon their employees seeking necessary treatment. This paper will discuss the harmful consequences of courts narrowly interpreting the ADA against coverage of these patients, as well as the potential revitalization of the ADA’s mission in pending actions.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
A Program For All Seasons, Sara Rosenbaum
A Program For All Seasons, Sara Rosenbaum
Saint Louis University Journal of Health Law & Policy
From its beginnings as a modest health care companion to cash welfare assistance, Medicaid has become foundational to the American health care system. Medicaid’s success in insuring the poor while continually evolving in response to countless emerging health needs is the result of its public health character, which represents a fundamental departure from the eligibility and coverage strictures and norms on which other forms of insurance depend.
Hypothesizing A Small Opioid Mdl Settlement: An Argument For Local Public Health Action And Lessons From Big Tobacco, Ashton K. Dietrich
Hypothesizing A Small Opioid Mdl Settlement: An Argument For Local Public Health Action And Lessons From Big Tobacco, Ashton K. Dietrich
Saint Louis University Journal of Health Law & Policy
In response to the opioid epidemic, counties and cities across the United States waged In re: National Prescription Opiate Litigation, better known as the opioid MDL, against manufacturers and distributors of opioids. The county and city plaintiffs appear to have taken their litigation strategy straight from Big Tobacco playbook of the 1990s. This is to the great disdain of state attorneys general, who fronted Big Tobacco litigation with state-sponsored parens patriae litigation.
The state attorneys general vehemently assert that the MDL claims are the province of state governments rather than local governments. However, the attorney general-led Big Tobacco litigation …
The Administration’S Medicaid Waivers: Exploding In The Guise Of Experimenting, Jane Perkins
The Administration’S Medicaid Waivers: Exploding In The Guise Of Experimenting, Jane Perkins
Saint Louis University Journal of Health Law & Policy
Congress enacted the Medicaid Act with the stated purpose of furnishing medical assistance to low-income people. Medicaid participation is not required of a state, but if a state does choose to participate—which they all do—the federal government will contribute the lion’s share of the cost of providing care. In return, the state agrees to pay the remaining costs of care. The state must also adhere to the detailed regulatory scheme Congress placed in the Medicaid Act, including requirements for determining eligibility for the program and the scope and affordability of coverage. Section 1115 of the Social Security Act authorizes the …
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Could We Pass The Ada Today?: Disability Rights In An Age Of Partisan Polarization, Michael Waterstone
Could We Pass The Ada Today?: Disability Rights In An Age Of Partisan Polarization, Michael Waterstone
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Could We Pass The Ada Today? Disability Rights In An Age Of Partisan Polarization, Tony Coelho
Could We Pass The Ada Today? Disability Rights In An Age Of Partisan Polarization, Tony Coelho
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Threats To Medicaid And Health Equity Intersection, Mary Crossley
Threats To Medicaid And Health Equity Intersection, Mary Crossley
Saint Louis University Journal of Health Law & Policy
The year 2017 proved politically tumultuous in the U.S. on many fronts, but perhaps none more so than health care. For enrollees in the Medicaid program, it was a “year of living precariously.” Long-promised Republican efforts to repeal the Affordable Care Act also took aim at Medicaid, with proposals to fundamentally restructure the program and drastically cut its federal funding. These proposals provoked pushback from multiple fronts, including formal opposition from groups representing people with disabilities and people of color and individual protesters. Opposition by these groups should not have surprised the proponents of “reforming” Medicaid. Both people of color …
The Costs Of Uncertainty: The Doj’S Stalled Progress On Accessible Medical Equipment Under The Americans With Disabilities Act, Elizabeth Pendo
The Costs Of Uncertainty: The Doj’S Stalled Progress On Accessible Medical Equipment Under The Americans With Disabilities Act, Elizabeth Pendo
Saint Louis University Journal of Health Law & Policy
No abstract provided.
A State’S Effort To Enhance Health Care: Empowering Pharmacists With Prescribing Authority, Madhav Y. Bhatt
A State’S Effort To Enhance Health Care: Empowering Pharmacists With Prescribing Authority, Madhav Y. Bhatt
Saint Louis University Journal of Health Law & Policy
High rates of unintended pregnancies and costs associated with them have been a concern for the health care system in the U.S. The State of Oregon took a unique approach to reduce unintended pregnancy rates within its borders. Oregon enacted a statute that authorized pharmacists to prescribe hormonal contraceptives, which expanded the scope of practice of pharmacists. This Article explores whether states, instead of the Food and Drug Administration (FDA), should regulate the scope of practice of health care professionals. This Article further explores the impact of Oregon’s law on access to hormonal contraceptives, safety of women’s health, and costs …
Medical Marijuana And The Ada: Following The Path Blazed By State Courts To Extend Protection, Stephen M. Scannell
Medical Marijuana And The Ada: Following The Path Blazed By State Courts To Extend Protection, Stephen M. Scannell
Saint Louis University Journal of Health Law & Policy
Thirty-three states across the country have legalized the use of medical marijuana for disabled individuals. Nevertheless, medical marijuana’s status in the workplace still faces significant uncertainty, because the current understanding of the Americans with Disabilities Act (ADA) categorizes medical marijuana use as an “illegal use of drugs.” Thus, the ADA provides no protection for disabled employees seeking to treat their condition with medical marijuana. In recent years, courts deciding cases involving state medical marijuana and anti-discrimination statutes have brought a more patient-centered and pragmatic approach to the issue. These courts have offered an interpretation of the “illegal use of drugs” …
Visibility And Accountability: Shining A Light On Proceedings In Misdemeanor Two-Tier Court Systems, Binny Miller
Visibility And Accountability: Shining A Light On Proceedings In Misdemeanor Two-Tier Court Systems, Binny Miller
Saint Louis University Law Journal
No abstract provided.
Rethinking Lawyer Ethics To Allow The Rules Of Evidence, Rules Of Civil Procedure, And Private Agreements To Control Ethical Obligations Involving Inadvertent Disclosures, Tory L. Lucas
Saint Louis University Law Journal
This Article seeks to align the rules of ethics with the rules of evidence, rules of civil procedure, and private agreements in confronting the vexing issue of inadvertent disclosures. It proposes a clear-eyed modification of Model Rule of Professional Conduct 4.4(b) to require a lawyer to use an inadvertent disclosure of confidential or privileged information unless prohibited by the rules of evidence, rules of civil procedure, or private agreement. This inadvertent-disclosure proposal fairly balances the interests of the justice system, civility in the legal profession, and protection of clients.
Ending Alien Tort Statute Exceptionalism: Corporate Liability In The Wake Of Jesner V. Arab Bank And Implications For U.S. Private Military Contractors, Brian Sableman
Saint Louis University Law Journal
No abstract provided.
The Games We Play, Ann C. Juliano
The Games We Play, Ann C. Juliano
Saint Louis University Law Journal
No abstract provided.
Synthesizing Narratives Of Policing And Making A Case For Policing As A Public Good, Tracey L. Meares
Synthesizing Narratives Of Policing And Making A Case For Policing As A Public Good, Tracey L. Meares
Saint Louis University Law Journal
No abstract provided.
Youth At The Center: A Timeline Approach To The Challenges Facing Black Children, Ilana Friedman
Youth At The Center: A Timeline Approach To The Challenges Facing Black Children, Ilana Friedman
Saint Louis University Law Journal
No abstract provided.
Kindling The Fire: The Call For Incorporating Mandatory Mentoring Programs For Junior Lawyers And Law Students Nationwide, Katerina P. Lewinbuk
Kindling The Fire: The Call For Incorporating Mandatory Mentoring Programs For Junior Lawyers And Law Students Nationwide, Katerina P. Lewinbuk
Saint Louis University Law Journal
No abstract provided.
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein
Saint Louis University Journal of Health Law & Policy
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …
Can All Murders Be “Aggravated?” A Look At Aggravating Factor Capital-Eligibility Schemes, Tyler Ash
Can All Murders Be “Aggravated?” A Look At Aggravating Factor Capital-Eligibility Schemes, Tyler Ash
Saint Louis University Law Journal
No abstract provided.