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Full-Text Articles in Law

Masthead, Volume 29 (2019) Jan 2019

Masthead, Volume 29 (2019)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Invented Purposes And Blue Sky Predictions: Why The Trump Administration Cannot Win The Medicaid Work Experiment Cases, Sara Rosenbaum Jan 2019

Invented Purposes And Blue Sky Predictions: Why The Trump Administration Cannot Win The Medicaid Work Experiment Cases, Sara Rosenbaum

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 29 (2019), Health Matrix Jan 2019

Volume 29 (2019), Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Last Hope: How Starting Over Could Save Private Long-Term Care Insurance, Jalayne J. Arias Jan 2019

The Last Hope: How Starting Over Could Save Private Long-Term Care Insurance, Jalayne J. Arias

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Liability (And) Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk Jan 2019

Liability (And) Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk

Health Matrix: The Journal of Law-Medicine

The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. Instead, we propose that research using individual health data should be subject to a regulatory regime, enforceable by government/public repositories, while at the same time permitting private enforcement actions to address particularized individual injury. Thus, while the physical collection …


The Web Of Legal Protections For Participants In Genomic Research, Leslie E. Wolf, Erin Fuse Brown, Ryan Kerr, Genevieve Razick, Gregory Tanner, Brett Duvall, Sakinah Jones, Jack Brackney, Tatiana Posada Jan 2019

The Web Of Legal Protections For Participants In Genomic Research, Leslie E. Wolf, Erin Fuse Brown, Ryan Kerr, Genevieve Razick, Gregory Tanner, Brett Duvall, Sakinah Jones, Jack Brackney, Tatiana Posada

Health Matrix: The Journal of Law-Medicine

The identification and arrest of the Golden State Killer using DNA uploaded to an ancestry database occurred shortly before recruitment for the National Institutes of Health’s (NIH) All of Us Study commenced, with a goal of enrolling and collecting DNA, health, and lifestyle information from one million Americans. It also highlighted the need to ensure prospective research participants that their confidentiality will be protected and their materials used appropriately. But there are questions about how well current law protects against these privacy risks. This article is the first to consider comprehensively and simultaneously all the federal and state laws offering …


Robbing The Grave: Amending The Uniform Anatomical Gift Act To Curtail Abuses Within The Whole-Body Donation Industry, Andrew Y. Schiefer Jan 2019

Robbing The Grave: Amending The Uniform Anatomical Gift Act To Curtail Abuses Within The Whole-Body Donation Industry, Andrew Y. Schiefer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Experience Is Treacherous: An Intimate View Of The Physician's Experience Of Adverse Patient Outcomes And Malpractice Litigation, M. Stacia Dearmin Jan 2019

Experience Is Treacherous: An Intimate View Of The Physician's Experience Of Adverse Patient Outcomes And Malpractice Litigation, M. Stacia Dearmin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


How Failure To Protect Laws Punish The Vulnerable, Amanda Mahoney Jan 2019

How Failure To Protect Laws Punish The Vulnerable, Amanda Mahoney

Health Matrix: The Journal of Law-Medicine

No abstract provided.


High Times Ahead: Products Liability In Medical Marijuana, Steven B. Perlmutter Jan 2019

High Times Ahead: Products Liability In Medical Marijuana, Steven B. Perlmutter

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler Jan 2019

Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler

Health Matrix: The Journal of Law-Medicine

Several features of the existing occupational licensing system impede access to health care without providing appreciable protections for patients. Licensing restrictions prevent health care providers from offering services to the full extent of their competency, obstruct the adoption of telehealth, and deter foreign-trained providers from practicing in the United States. Scholars and policymakers have proposed a number of reforms to this system over the years, but these proposals have had a limited impact for political and institutional reasons.

Still, there are grounds for optimism. In recent years, the federal government has taken a range of initial steps to reform licensing …


Solving The Uncertainty: Why The Hipaa Privacy Rule Fails To Appropriately Address Disclosures Of Psychotherapy Notes Of Deceased Patients, Elizabeth Burnett Jan 2019

Solving The Uncertainty: Why The Hipaa Privacy Rule Fails To Appropriately Address Disclosures Of Psychotherapy Notes Of Deceased Patients, Elizabeth Burnett

Health Matrix: The Journal of Law-Medicine

No abstract provided.


50 Shades Of Data Sharing: How A Uniform Fifty-State Prescription Drug Monitoring Program Can Restore Discretion To Opioid Prescribers And Autonomy To Chronic Pain Patients, Allyson Cady Jan 2019

50 Shades Of Data Sharing: How A Uniform Fifty-State Prescription Drug Monitoring Program Can Restore Discretion To Opioid Prescribers And Autonomy To Chronic Pain Patients, Allyson Cady

Health Matrix: The Journal of Law-Medicine

No abstract provided.