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2000

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Health Law and Policy

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Articles 1 - 30 of 92

Full-Text Articles in Law

The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera Dec 2000

The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera

Boston College International and Comparative Law Review

The European Union for years has considered introducing a healthcard that citizens of all Member States could carry to help facilitate the provision of health care throughout the EU. Such a card would ensure that care providers in all Member States could access the medical information of those patients who do not reside in the country where care is being provided. In the wake of the EU's failure to introduce such a card, many Member States have developed their own incompatible healthcard technologies. The EU must implement a universal healthcard in the near future in order to prevent the ...


Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson Dec 2000

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either ...


The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook Nov 2000

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent ...


Protecting Health Information Privacy: The Case For Self-Regulation Of Electronically Held Medical Records, Catherine L. Glenn Oct 2000

Protecting Health Information Privacy: The Case For Self-Regulation Of Electronically Held Medical Records, Catherine L. Glenn

Vanderbilt Law Review

Advances in technology have given new life to debates concerning privacy.' Specifically, issues surrounding increased access to personal medical records have recently garnered attention. On one side of the debate, healthcare providers and insurers support expanded access to medical records for treatment, research, and insurance claims purposes. At the same time, however, many patients legitimately expect their medical records to remain private. The advent of Internet access to patient records and electronic medical insurance claims submissions has heightened patients' concerns that computerized medical records will offer less protection and more potential for unauthorized disclosure than paper files in locked cabinets ...


Doctoring Prescriptions: Federal Barriers To Combating Prescription Drug Fraud Against On-Line Pharmacies In Washington, Eric M. Peterson Oct 2000

Doctoring Prescriptions: Federal Barriers To Combating Prescription Drug Fraud Against On-Line Pharmacies In Washington, Eric M. Peterson

Washington Law Review

Prescription drug abuse represents a significant portion of drg abuse in the United States. Drug-seeking individuals alter, steal, or forge prescriptions to sustain their own dependence on prescription medications or to divert the drugs to sell to others at inflated rates. On-line pharmacies are a relatively new source for prescription medications and a potential target for prescription drug fraud. The federal government recently enacted the Electronic Signatures in Global and National Commerce Act (E-SIGN), which governs electronic signatures and preempts inconsistent provisions of state laws, such as the Washington Electronic Authentication Act (WEAA). WEAA is a legal framework that could ...


Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert Jun 2000

Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert

Michigan Telecommunications & Technology Law Review

Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be ...


Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson Jun 2000

Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson

Washington and Lee Law Review

No abstract provided.


The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer May 2000

The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer

Brigham Young University Journal of Public Law

No abstract provided.


A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko Apr 2000

A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko

Florida State University Law Review

No abstract provided.


The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby Apr 2000

The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby

Indiana Journal of Global Legal Studies

[The George P. Smith, II, Distinguished Visiting Professorship-Chair

of Law and Legal Research endowment was established by George P.

Smith to broaden students' exposure to scholars and judges of national

and international reputation and to allow distinguished visiting scholars

the opportunity to do research at Indiana University and share their

ideas with the faculty and students of the Indiana University School of

Law and Indiana University. George P. Smith, an Indiana native,

received his B.S. degree in business, economics, and public policy in

1961 from Indiana University and his J. D. from the Indiana University

School of Law in ...


Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam Apr 2000

Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.


Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono Mar 2000

Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono

BYU Law Review

No abstract provided.


Mental Health Advance Directives: Having One's Say?, Justine A. Dunlap Jan 2000

Mental Health Advance Directives: Having One's Say?, Justine A. Dunlap

Kentucky Law Journal

No abstract provided.


Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger Jan 2000

Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger

Journal of Law and Health

Medical decision-making is one area where drawing and applying a single defining line between childhood and adulthood has proven difficult. Each society determines how it will allocate decision-making authority with respect to children. This article will address how such allocations have been developed in the United States and the United Kingdom. An analysis of the capacity of an adolescent to make decisions remains incomplete without some consideration of the role of parent(s) and of the government. It is precisely here that recent developments in the United Kingdom may provide helpful guidance in the United States.


The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka Jan 2000

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 ...


Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise Jan 2000

Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise

Journal of Law and Health

This note examines "consensual" sexual relationships between non-mental health physicians and patients. More specifically, it examines whether such relationships ever amount to medical malpractice. Generally, a non-mental health physician would be liable under the rubric of medical malpractice only if the sexual relationship was commenced under the guise of "medical treatment." Recent cases, however, have expanded liability in certain circumstances when the physician-patient relationship has involved "counseling matters." "Counseling matters" describes talking to patients about their feelings, or discussing personal problems not necessarily related to their proposed treatment. Medical treatment supplemented by "counseling" purportedly requires greater scrutiny due to the ...


Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin Jan 2000

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.


Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell Jan 2000

Cleveland V. Policy Management Systems Corporation: Triumph For The Working Disabled Or Hollow Procedural Device?, Sarah N. Otwell

Journal of Health Care Law and Policy

No abstract provided.


University Of Richmond Law Review Jan 2000

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


A Critical Analysis Of Health And Human Services' Proposed Health Privacy Regulation In Light Of The Health Insurance Privacy And Accountability Act Of 1996, A. Craig Eddy Jan 2000

A Critical Analysis Of Health And Human Services' Proposed Health Privacy Regulation In Light Of The Health Insurance Privacy And Accountability Act Of 1996, A. Craig Eddy

Annals of Health Law and Life Sciences

Dr. Eddy inquires, through a detailed analysis of relevant statutory provisions, whether it is likely that the HIPAA legislation or the Standards for Privacy of Individually Identifiable Health Information Regulations (SPIIHI) proposed by HHS will efficiently and cost effectively defend the privacy issues they were intended to safeguard. His paper critically analyzes the extremely broad and expensive course of action and tactics HHS has chosen to employ in this effort to determine whether HHS' proposal is an efficient use of health care dollars. To introduce his analysis, Dr. Eddy addresses the general concept of medical privacy and attempts to define ...


Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan Jr., Rodney A. Johnson Jan 2000

Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan Jr., Rodney A. Johnson

Annals of Health Law and Life Sciences

Mr. Cogan and Mr. Johnson discuss the judicial review provisions of the Medicare Act, codified at 42 U.S.C. section 405(g) and (h), and the Supreme Court cases including Illinois Council that interpret the scope of the "arising under" language. They also examine the history of section 205(h) of the Social Security Act, including the most recent amendment contained in the Deficit Reduction Act of 1984. The relationship between 205(h), DEFRA, and section 405(h) is explored as well as the caselaw addressing and applying section 405(h) in light of Congress' 1984 amendments.


Table Of Contents, Annals Of Health Law Jan 2000

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld Jan 2000

The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld

Annals of Health Law and Life Sciences

Mr. Mustokoff, Mr. Swichar, and Ms. Herzfeld address the rudiments of the attorney/client privilege, its crime-fraud exception, corporate compliance programs, the United States government's quest for voluntary disclosure, and how those principles have been affected by United States v. Anderson.


The Anti-Kickback Statute Standard(S) Of Intent: The Case For A Rule Of Reason Analysis, Timothy J. Aspinwall Jan 2000

The Anti-Kickback Statute Standard(S) Of Intent: The Case For A Rule Of Reason Analysis, Timothy J. Aspinwall

Annals of Health Law and Life Sciences

Mr. Aspinwall presents a comprehensive overview of the anti-kickback statute to show how Congress enacted the legislation to prevent inappropriate utilization and to reduce the ambiguity of the anti-kickback prohibitions by adding a knowing and willful requirement to the standard of intent. He discusses the different lines of caselaw on the anti-kickback standard of intent, and closely examines the standard endorsed by the OIG. He proposes adopting a standard of reasonableness modeled after the rule of reason from antitrust law, using cost-effectiveness as the primary criterion. He argues that a cost-benefit outcomes-based approach to the anti-kickback statute would better serve ...


An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond Jan 2000

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.


Punishment Of Health Care Fraud , Yvette M. Mastin Jan 2000

Punishment Of Health Care Fraud , Yvette M. Mastin

Journal of Law and Health

Although the definition of "health care fraud" is only one of the numerous issues of concern to health law practitioners and health care providers, the language that defines the conduct in question is the foundation of all other concerns related to "health care fraud." This Article will demonstrate the need for a narrowly construed definition of "health care fraud." The Article begins by providing a scenario to explain how a situation involving potential "health care fraud" can arise in the delivery of health care services. The Article then addresses how "health care fraud" is defined through a discussion of the ...


Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere Jan 2000

Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere

UIC Law Review

No abstract provided.


The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii Jan 2000

The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii

Buffalo Law Review

No abstract provided.


Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding Jan 2000

Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding

Buffalo Law Review

No abstract provided.


Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday Jan 2000

Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday

University of Richmond Law Review

During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice ...