Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cloning (2)
- Attack (1)
- Authority (1)
- Authorization (1)
- Court (1)
-
- Death (1)
- Embryos (1)
- Emergency (1)
- Employee Retirement Income Security Act (ERISA) (1)
- Ethics (1)
- Execution (1)
- Genetics (1)
- HMO benefit denial (1)
- Health care policy (1)
- Human species (1)
- Inc. v. Moran (1)
- Information (1)
- President (1)
- Quarantine (1)
- Records (1)
- Regulations (1)
- Retarded (1)
- Rush Prudential HMO (1)
- State (1)
- State regulation (1)
- Symposium (1)
- Transplantation (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Independent External Review Of Health Maintenance Organizations' Medical-Necessity Decisions, Wendy K. Mariner
Faculty Scholarship
States may have more freedom to regulate the practices of managed-care organizations than many observers previously believed. In the absence of congressional action on the federal Bipartisan Patient Protection Act, the primary source of patient-protection legislation remains at the state level. Nevertheless, the federal Employee Retirement Income Security Act (ERISA) of 19742restricts state regulation of health maintenance organizations (HMOs) that serve private employee group health plans. On June 20, 2002, the U.S. Supreme Court, in Rush Prudential HMO, Inc. v. Moran, upheld an Illinois state law that requires binding independent external review when an HMO disagrees with the …
Bioterrorism, Public Health, And Civil Liberties, George J. Annas
Bioterrorism, Public Health, And Civil Liberties, George J. Annas
Faculty Scholarship
The prospect of having to deal with a bioterrorist attack, especially one involving smallpox, has local, state, and federal officials rightly concerned. Before September 11, most procedures for dealing with a bioterrorist attack against the United States were based on fiction. Former President Bill Clinton became engaged in the bioterrorism issue in 1997, after reading Richard Preston's novel The Cobra Event. In Tom Clancy's 1996 Executive Orders, the United States is attacked by terrorists using a strain of Ebola virus that is transmissible through the air. To contain the epidemic, the President declares a state of emergency, orders that …
Medical Privacy And Medical Research: Judging The New Federal Regulations, George J. Annas
Medical Privacy And Medical Research: Judging The New Federal Regulations, George J. Annas
Faculty Scholarship
Americans support both protecting the privacy of medical records and encouraging medical research. Thus, it is not surprising that a move to change practices in these two areas has generated attention and comment. The new federal regulations, promulgated under the authority of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), were adopted to protect the privacy of medical records. They were not specifically designed to facilitate or limit medical research. Nonetheless, the regulations have prompted strong objections from the biotechnology industry and from academic medicine. The Association of American Medical Colleges and the Biotechnology Industry Organization have argued …
Cloning And The U.S. Congress, George J. Annas
Cloning And The U.S. Congress, George J. Annas
Faculty Scholarship
In the immediate aftermath of the birth of Dolly the sheep, the national debate over the banning of human cloning focused almost exclusively on the issue of safety. President Bill Clinton's National Bioethics Advisory Commission, for example, recommended in 1997 that Congress impose a five-year moratorium on attempts to clone a human because of the likely physical harm to the cloned infant. Congress did not act on this suggestion, but even if it had, that moratorium would already be almost over. Cloning is now back on the congressional agenda, with a new focal point: the creation of cloned embryos for …
Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, George J. Annas
Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, George J. Annas
Faculty Scholarship
We humans tend to worry first about our own happiness, then about our families, then about our communities. In times of great stress, such as war or natural disaster, we may focus temporarily on our country but we rarely think about Earth as a whole or the human species as a whole. This narrow perspective, perhaps best exemplified by the American consumer, has led to the environmental degradation of our planet, a grossly widening gap in living standards between rich and poor people and nations and a scientific research agenda that focuses almost exclusively on the needs and desires of …
Moral Progress, Mental Retardation, And The Death Penalty, George J. Annas
Moral Progress, Mental Retardation, And The Death Penalty, George J. Annas
Faculty Scholarship
Two major aspects of the death penalty in the United States directly involve physicians: how the death penalty is carried out and who is subject to execution. As a matter of constitutional law, both are governed by the prohibition against “cruel and unusual” punishment in the Eighth Amendment. The meaning of “cruel and unusual,” unlike every other part of the U.S. Constitution, is determined by public opinion as it reflects society's evolving standards of decency. With regard to how the death penalty is carried out, the role of physicians in capital punishment has been controversial for more than two decades. …
Foreword: Phase Ii Of The Genetics Revolution: Sophisticated Issues For Home And Abroad, Frances H. Miller
Foreword: Phase Ii Of The Genetics Revolution: Sophisticated Issues For Home And Abroad, Frances H. Miller
Faculty Scholarship
The distinguished health law and policy scholars we invite to contribute to the American Journal of Law & Medicine's annual symposium issue are given carte blanche to write about any aspect of the designated topic that appeals to them. The authors in this year's genetics symposium, The Genetic Revolution: Conflicts, Challenges and Conundra, are already well known for their work in the field-in fact three of them have just co-authored the only casebook specifically dedicated to the law, policy and ethics of geneticsl-and we deliberately asked them for relatively short pieces on the theory that taken together their articles would …