Health Law and Policy Commons^™

Regulation Of Dental Hygienists: Its Effect On Disciplinary Action And Opinions Of Regulatory Board Members In The United States And Canada, Jodie A. Mueller

Dental Hygiene Theses & Dissertations

The purpose of this study was two-fold. The first was to examine the effect of regulatory status (dentist versus dental hygienist control) on disciplinary sanctions for dental hygiene practitioners. The second was to assess the opinions of board members concerning the regulation of the practice of dental hygiene. Regulatory bodies from jurisdictions with and without dental hygiene self-regulation in both Canada and the United States respectively were examined to determine if differences exist in opinions and sanctions exercised by the two. A self-designed questionnaire titled the Mueller-Dental Hygiene Regulatory Questionnaire was used to obtain descriptive data on a sample of …

Gestational Surrogacy And The Health Care Provider, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Federal Support For Medical Education: Framing The Issues For The Systems Reform Debate, Karen Matherlee

National Health Policy Forum

Designed primarily for federal legislative and regulatory health staff involved in systems reform efforts, the session provided a primer on current medical education policies (with emphasis on federal strategies) and a prospectus on policies to change them.

Mid-Atlantic Ethics Committee Newsletter, Spring 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Outcomes Assessment In Health Care Reform: Promise And Limitations, Wendy K. Mariner

Faculty Scholarship

If the fundamental goals of the health care reform effort are to ensure universal access to an acceptable quality of health care at an affordable cost, then the threshold question for reform is: What health care services should be provided in an efficient, equitable system?

Answering this question requires weighing a complex mix of medical and social policy factors, a process not attempted in this article. But the starting point for that process should be determining what health care services “work” and what they cost. Outcomes assessment holds considerable promise in finding answers to these subsidiary questions, because it is …

Health Insurance Purchasing Alliances: Monopsony Threat Or Procompetitive Rx For Health Sector Ills?, Frances H. Miller

Faculty Scholarship

No abstract provided.

The Changing Nature Of The Bioethics Movement, Sandra H. Johnson

All Faculty Scholarship

Commemorating the thirtieth anniversary of the field of bioethics, this article analyzes the future of bioethics by identifying its role in intellectual history and classifying stages of its development.

Part I considers the formative role of Quinlan, where the New Jersey Supreme Court held that the withdrawal of medical treatment is legally permissible under some circumstances. Quinlan and its progeny established a legal framework for life-sustaining treatment decisionmaking, affirming the use of substituted judgment or best interests standards.

In Part II the article documents the framework shift brought by Cruzan, a high-profile case challenging a family’s authority to make medical …

Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney

All Faculty Scholarship

A central question confronting proponents of managed competition during the health reform debate in 1994 was whether competitive networks or integrated delivery systems would emerge. Under reformers’ vision, controlling costs depended on the emergence of a sufficient number of efficient and viable integrated delivery systems. Conversely, if one or a few integrated networks dominate the market for physician or hospital services, rivalry on the main issues of health care cost control would likely dissipate. This article argues that vigilant and sensible antitrust enforcement was also a prerequisite for the success of the managed competition model. Despite the considerable emphasis on …

Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The author first analyzes why the prevention of illness and promotion of health provide the leading justification for the government to act for the welfare of the population. His analysis focuses principally on the foundational importance of health for human happiness, the exercise of rights and privileges, and the formation of family and social relationships. He explains why health care, although critically important; is not the only, nor even the most important, determinant of health. Most morbidity and mortality in the United States is attributable to environmental conditions, pathogens, and human behavior, which are all more responsive to population-based interventions …

Malpractice Liability And Physician Autonomy, Frances H. Miller, Anthony Harrison

Faculty Scholarship

Opinion. Discusses legal modifications concerning liability for medical negligence evolving in similar ways in the United States and Great Britain. Parallel and divergent trans-Atlantic trends; Ailing and increasingly costly health care systems; Traditional relationships among doctors, hospitals and other health sector players.

Mid-Atlantic Ethics Commitee Newsletter, Fall 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Law's Response To Reproductive Genetic Testing: Questioning Assumptions About Choice, Causation And Control, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Implementing U.S. Health Care Reform, a symposium held in 1993.

The exact specifications of the new health care system depend on the package that President Clinton will send to Capitol Hill and the changes that Congress will make in the reform package. Some of the basic structures and organizing principles of the new system that are being considered by the President are already the subject of intense public scrutiny.

The design being considered would involve new relations between the federal government and the states, between the public and private sectors, and between …

Health Care Reform In The United States, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The author presents a brief description of the design features and objectives of the health care reform package, together with the reasons to support reform of the health care system in the United States.

Market And Non-Market Mechanisms For Procuring Human And Cadaveric Organs: When The Price Is Right, George P. Smith Ii

Scholarly Articles

In the United States, as well as throughout the world, current demands for organ transplants far exceed the actual supply. Nonconsensual human donations, taken from minors, incompetents and prisoners are regulated carefully by the courts. The Uniform Anatomical Gift Act and the National Organ Transplant Act serve also as statutory frameworks for organ retrievals and allocations and place various restrictions upon each. Altruistically motivated donations at death continue to be an inadequate mechanism for meeting the growing demands of the market. Included among the various approaches to resolving the critical shortage of human organs for transplantation are post mortem harvesting, …

Mid-Atlantic Ethics Committee Newsletter, Fall 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Competition Law And Anticompetitive Professional Behavior Affecting Health Care, Frances H. Miller

Faculty Scholarship

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Present And Future Of Prevention: In Honor Of George W. Albee, Marc Kessler, Stephen E. Goldston, Justin M. Joffe

Mental Health Law & Policy Faculty Publications

No abstract provided.

Risk And Rationality: The Centers For Disease Control And The Regulation Of Hiv-Infected Health Care Workers, Mary Anne Bobinski

Faculty Articles

The publicity surrounding the Bergalis case has created a new and powerful fear for some-the fear of contracting a fatal disease while obtaining medical or dental care. Following Bergalis' congressional testimony, Congress passed a bill requiring states to regulate HIV-infected health care workers (HCWs). Responding to constituents' fears, state legislatures had already been debating a wide range of bills designed to confront the risk of HIV transmission in health care settings. Private actors, such as hospitals and insurers, feared litigation or loss of business if the public perceived them to be ignoring the problem of HIV infection among HCWs. As …

Murder, She Wrote Or Was It Merely Selective Nontreatment?, George P. Smith Ii

Scholarly Articles

This article will both explore and thereby establish the medical, ethical, and legal validity of selective nontreatment of severely handicapped newborns. A construct for principled decision-making, tied to a basic recognition of the right of self-determination, as shaped by compassion and validated principles of triage and cost-benefit analysis, will be seen as the most effective means for the states-and not the federal government-to evaluate the intensely complex issues associated with allocating scarce medical resources to defective infants. Governmental intrusions into the familial decision- making forum in these circumstances must be kept to a minimum and allowed only in grave cases.

Doctors At Risk: A Problem As Viewed By Decision Analysis, Leonard P. Caccamo, Kimbroe J. Carter, Barbara A. Erickson, William R. Johnson, Edward Kessler

RISK: Health, Safety & Environment (1990-2002)

The authors closely analyze a case in which a Peer Review Organization cited a physician for treatment with potential for significant adverse effect. They also critique the regulatory scheme under which peer review occurs and conclude that such regulation interferes with physicians' primary obligations, fails to encourage cost-effective behavior and may decrease the quality of medical care.

Introduction: The Right To Die After Cruzan, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman

Faculty Scholarship

No abstract provided.