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Journal

2015

Health Law and Policy

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Full-Text Articles in Law

Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel Dec 2015

Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel

University of Michigan Journal of Law Reform

With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …


Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton Dec 2015

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.


Material Solutions: Rectifying United States V. Natale And The Meaning Of "Material", Vaughn Bentley Nov 2015

Material Solutions: Rectifying United States V. Natale And The Meaning Of "Material", Vaughn Bentley

DePaul Journal of Health Care Law

No abstract provided.


Those Scamming Little Rascals: Power Wheelchair Fraud And The Flaw In The Medicare System, Sydney Mayer Nov 2015

Those Scamming Little Rascals: Power Wheelchair Fraud And The Flaw In The Medicare System, Sydney Mayer

DePaul Journal of Health Care Law

No abstract provided.


Urging A Practical Beginning: Reimbursement Reform, Nurse-Managed Health Clinics, And Complete Professional Autonomy For Primary Care Nurse Practioners, Joy Luchico Austria Nov 2015

Urging A Practical Beginning: Reimbursement Reform, Nurse-Managed Health Clinics, And Complete Professional Autonomy For Primary Care Nurse Practioners, Joy Luchico Austria

DePaul Journal of Health Care Law

No abstract provided.


Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak Nov 2015

Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak

DePaul Journal of Health Care Law

No abstract provided.


Table Of Contents, Depaul College Of Law Nov 2015

Table Of Contents, Depaul College Of Law

DePaul Journal of Health Care Law

No abstract provided.


Who Defines "Healthy"? Ethical Dilemmas Across Competing Interest Groups On Genetic Manipulation And Gene Patents, Haley Guion Nov 2015

Who Defines "Healthy"? Ethical Dilemmas Across Competing Interest Groups On Genetic Manipulation And Gene Patents, Haley Guion

DePaul Journal of Health Care Law

No abstract provided.


The Hospital Readmission Reduction Program: Fraud And Abuse Concerns, Courtney Mathews Nov 2015

The Hospital Readmission Reduction Program: Fraud And Abuse Concerns, Courtney Mathews

DePaul Journal of Health Care Law

No abstract provided.


Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black Nov 2015

Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black

DePaul Journal of Health Care Law

No abstract provided.


Table Of Contents, Depaul College Of Law Nov 2015

Table Of Contents, Depaul College Of Law

DePaul Journal of Health Care Law

No abstract provided.


Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi Nov 2015

Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi

Journal of Intellectual Property Law

No abstract provided.


Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers Nov 2015

Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers

Journal of Intellectual Property Law

No abstract provided.


Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law Nov 2015

Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe Nov 2015

Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe

Barry Law Review

No abstract provided.


Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt Nov 2015

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …


History, Governmental Structure, And Politics: Defining The Scope Of Local Board Of Health Power, Pekham Pal Nov 2015

History, Governmental Structure, And Politics: Defining The Scope Of Local Board Of Health Power, Pekham Pal

Fordham Law Review

Local boards of health often issue regulations that have broad effects that surpass the borders of the city or county to which they apply. Promulgation of such rules by board of health members appointed by the executive branch implicates separation of powers concerns; because such regulations may so extensively burden a locality’s citizens, it may be more appropriate for elected officials to adopt these regulations. Indeed, local businesses or other interested parties often bring suit challenging local board of health actions. Courts apply different analytical methodologies to review these challenges, which often leads to incongruent local health agency discretion for …


Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer Nov 2015

Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer

William & Mary Law Review

No abstract provided.


Might Houses Of Worship Enable Currently Uninsured, Economically Disadvantaged Individuals To Obtain Affordable Health Care Insurance?, Nina J. Crimm Oct 2015

Might Houses Of Worship Enable Currently Uninsured, Economically Disadvantaged Individuals To Obtain Affordable Health Care Insurance?, Nina J. Crimm

Journal of Civil Rights and Economic Development

No abstract provided.


Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner Oct 2015

Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner

William & Mary Bill of Rights Journal

No abstract provided.


The Indefinite Quarantine: A Public Health Review Of Chronic Inconsistencies In Sexually Violent Predator Statutes, Isaac D. Buck Oct 2015

The Indefinite Quarantine: A Public Health Review Of Chronic Inconsistencies In Sexually Violent Predator Statutes, Isaac D. Buck

St. John's Law Review

(Excerpt)

This Article undertakes this public health review in five parts. Part I considers the general structure of SVP statutes, noting the reasoning behind the enactment and implementation of these statutes. Part II focuses the analysis on examples of three different types of SVP statutes' limiting criteria by considering SVP laws from New Jersey, Wisconsin, Virginia, and California. Part III compares the preventive detentions of SVP commitment and quarantine. Part IV applies quarantine principles to the SVP framework, and, after concluding that SVP statutes, as currently configured, do not sufficiently withstand this public health critique, Part V proposes solutions.


Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed Oct 2015

Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed

University of Miami Law Review

Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking, advocates known as abolitionists argue instead for the criminalization of the purchase of sex.

Global health governance institutions are porous to these competing ideas and ideologies. This article first historicizes the contestation between harm-reduction and abolition in global governance on health. The paper then turns to a …


Dignifying Madness: Rethinking Commitment Law In An Age Of Mass Incarceration, Jonathan Simon, Stephen A. Rosenbaum Oct 2015

Dignifying Madness: Rethinking Commitment Law In An Age Of Mass Incarceration, Jonathan Simon, Stephen A. Rosenbaum

University of Miami Law Review

Modern nation-states have been trapped in recurring cycles of incarcerating and emancipating residents with psychiatric disabilities. New cycles of enthusiasm for incarceration generally commence with well-defined claims about the evils of allowing “the mad” to remain at liberty and the benefits incarceration would bring to the afflicted. A generation or two later, at most, reports of terrible conditions in institutions circulate and new laws follow, setting high burdens for those seeking to imprison and demanding exacting legal procedures with an emphasis on individual civil liberties. Today, we seem to be arriving at another turn in the familiar cycle. A growing …


Mandatory Process, Matthew J.B. Lawrence Oct 2015

Mandatory Process, Matthew J.B. Lawrence

Indiana Law Journal

This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …


Medicine As A Public Calling, Nicholas Bagley Oct 2015

Medicine As A Public Calling, Nicholas Bagley

Michigan Law Review

The debate over how to tame private medical spending tends to pit advocates of government-provided insurance—a single-payer scheme—against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry as a public utility is brusquely dismissed as anathema to the American regulatory tradition. This dismissiveness, however, rests on a failure to appreciate just how deeply the public utility model shaped health law in the twentieth century— and how it continues to shape health law today. Closer economic regulation of the medical industry may or may not …


The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg Sep 2015

The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg

Catholic University Law Review

Explaining why the additive menthol in tobacco products creates major public health risks, this article advocates for restricting the addition of menthol in cigarettes as a way to reduce smoking-related disease and death. Author Michael Freiberg describes how the decision to regulate menthol in tobacco products, on a federal level, was historically delegated by Congress to the discretion of the U.S. FDA, outlines the U.S. FDA’s subsequent failure to regulate menthol, and surveys state and local government efforts to regulate menthol in response to the FDA’s inaction. The article proposes additional actions that these state and local governments could take …


Whose Genome Is It Anyway?: Re-Identification And Privacy Protection In Public And Participatory Genomics, Sejin Ahn Sep 2015

Whose Genome Is It Anyway?: Re-Identification And Privacy Protection In Public And Participatory Genomics, Sejin Ahn

San Diego Law Review

This Comment advocates for a comprehensive solution to achieve the balance between privacy rights and availability of information. In particular, a strong ban on malicious re-identification and broader anti-discrimination and privacy legislation are necessary to ensure the participants' privacy protection and encourage participation in genomics projects. In addition, the scientific community should establish data standards that can aid in implementation of protective measures to minimize privacy violations. Part II provides an overview of recent developments in genomic technologies and public and participatory genomics. Part III summarizes the privacy issues present in public genomics. Part IV reviews current legislation on genetic …


Private Investment And Public Health, David Gartner Aug 2015

Private Investment And Public Health, David Gartner

Georgia Journal of International & Comparative Law

Related to Georgia Journal of International and Comparative Law Conference: The New Roles of Corporations in Global Governance


Reforming The Mental Health Law Of Ohio, James K. Feldman Aug 2015

Reforming The Mental Health Law Of Ohio, James K. Feldman

Akron Law Review

IT WAS A COLD, SNOWY DAY toward the end of November, 1859. C. P. Wolcott, one of Akron's prominent attorneys, bundled up on the seat of his "buckboard," was driving his team all about town, trying to obtain affidavits from various citizens of his community who could testify to his client's mad delusions, and thereby save him from execution for charges arising from his attempt to seize the federal army arsenal at Harper's Ferry, Virginia, the previous October 16th. John Brown, married and the father of 20 children, was sentenced to be hanged on December 2nd. The client sincerely believed …


Legal Aid Inequities Predict Health Disparities, James Teufel, Shannon Mace Aug 2015

Legal Aid Inequities Predict Health Disparities, James Teufel, Shannon Mace

Hamline Law Review

LEGAL AID INEQUITIES PREDICT HEALTH DISPARITIES