Law Commons^™

The Nationalization Of Health Information Privacy Protections, Lawrence O. Gostin, James G. Hodge Jr., Lauren Marks

Georgetown Law Faculty Publications and Other Works

In Part II, this article examines the justifications for implementing comprehensive national health information privacy regulations, including the personal nature of health information and the increasing threats to personal privacy from the shift to an electronic health information infrastructure. In doing so, it looks at historical attempts by federal and state officials to regulate the use and disclosure of personal health information, and concludes that prior standards have been largely inadequate. In Part III, this article explains the new national health information privacy regulations: (1) what do they cover?; (2) to whom do they apply?; (3) how do they safeguard …

Financing Public Health Through Nonprofit Conversion Foundations, Christopher W. Frost

Law Faculty Scholarly Articles

Protection and promotion of the public's health are typically thought of as governmental responsibilities. Certainly, the core functions of responding to contagious diseases through quarantine, vector control, mandatory reporting, mandatory immunizations, and other coercive measures require governmental power. Historically, public health has been defined by governmental response to immediate threats to the health of the population.

As our view of the public's health expands to take into account broader measures, however, so too can we expand our view of the kinds of institutions that serve to promote the public's health. Most commentators agree that public health is a wide ranging …

Opening Remarks, Ben Chandler

Kentucky Law Journal

No abstract provided.

School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison

Kentucky Law Journal

No abstract provided.

Financing Public Health Through Nonprofit Conversion Foundations, Christopher W. Frost

Kentucky Law Journal

No abstract provided.

The "New Federalism" Approach To Medicaid: Empirical Evidence That Ceding Inherently Federal Authority To The States Harms Public Health, Dayna Bowen Matthew

Kentucky Law Journal

No abstract provided.

Policy Levers For The Control Of Tobacco Consumption, Frank J. Chaploupka, Ellen J. Hahn, Sherry L. Emery

Kentucky Law Journal

No abstract provided.

The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora

Kentucky Law Journal

No abstract provided.

The Organ Trail: Express Versus Presumed Consent As Paths To Blaze In Solving A Critical Shortage, Emily Denham Morris

Kentucky Law Journal

No abstract provided.

Personal Privacy And Common Goods: A Framework For Balancing Under The National Health Information Privacy Rule, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

In this Article, we discuss how these principles for balancing apply in a number of important contexts where individually identifiable health data are shared. In Part I, we analyze the modern view favoring autonomy and privacy. In the last several decades, individual autonomy has been used as a justification for preventing sharing of information irrespective of the good to be achieved. Although respect for privacy can sometimes be important for achieving public purposes (e.g., fostering the physician/patient relationship), it can also impair the achievement of goals that are necessary for any healthy and prosperous society. A framework for balancing that …