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Articles 541 - 570 of 604
Full-Text Articles in Health Law and Policy
Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner
Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner
Faculty Scholarship
In 2006, New York City began a mandatory reporting system for laboratories to submit blood sugar (A1c) test results (primarily for diabetes) to the city's Department of Health and Mental Hygiene without the patient's consent. This article examines whether this new program is an innovative way to improve New Yorkers' health, an invasion of medical privacy, or usurpation of the physician's role. The registry is an example of public health initiatives in chronic diseases, which challenge the limits of laws governing medicine care and public health programs by blurring the historical boundaries between them.
The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes
The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes
Georgia Law Review
On August 24,2006, the U.S. Food and Drug Administration decided to approve Plan B, the "morning-after"contraceptive pill, as an over-the-counter drug for women ages eighteen and older only. Individuals aged seventeen years and younger must still obtain a prescription in order to purchase Plan B, resulting in confusion and complications in implementing the age limitation. Additionally, the dual status of Plan B as both a prescription and over-the-counter drug might still be undermined by pharmacists choosing to refuse sale of contraceptives under various state protective conscience clauses. This Note explores the impact of the FDA's novel decision to create a …
Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Faculty Articles
Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical …
Functional Neuroimaging Information: A Case For Neuro Exceptionalism, Stacey A. Tovino
Functional Neuroimaging Information: A Case For Neuro Exceptionalism, Stacey A. Tovino
Faculty Articles
Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade's most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including schizophrenia, addiction, racial evaluation, deception, cooperation, and sexual preferences. Now poised to move outside the research context, functional neuroimaging raises a number of confidentiality, privacy, and identity issues. In this Article, I examine whether special, or heightened, confidentiality, privacy, and informed …
Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens
Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens
Articles, Book Chapters, & Popular Press
Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …
Patients And Biobanks, Ellen Wright Clayton
Patients And Biobanks, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
The question about the privacy of medical information can be stated simply: To what extent can and should patients control what the medical record contains and who has access to it and for what purposes? Patients often have apparently conflicting views on this subject. On the one hand, we, as patients, say that we prize privacy and that we fear that information will be used to harm us. On the other hand, we value the benefits that come from improved communication among providers, such as having our visits covered by third party payers and advances in medical science, which often …
Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little
Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …
Hipaa-Cracy, Carl E. Schneider
Hipaa-Cracy, Carl E. Schneider
Articles
The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
West Virginia Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or Just Visiting The Sick, Stacey A. Tovino
Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or Just Visiting The Sick, Stacey A. Tovino
Faculty Articles
No abstract provided.
The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman
The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman
West Virginia Law Review
No abstract provided.
Hippocrates To Hipaa: A Foundation For A Federal Physician-Patient Privilege, 77 Temp. L. Rev. 505 (2004), Ralph Ruebner, Leslie Ann Reis
Hippocrates To Hipaa: A Foundation For A Federal Physician-Patient Privilege, 77 Temp. L. Rev. 505 (2004), Ralph Ruebner, Leslie Ann Reis
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Use And Disclosure Of Protected Health Information For Research Under The Hipaa Privacy Rule: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino
The Use And Disclosure Of Protected Health Information For Research Under The Hipaa Privacy Rule: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino
Faculty Articles
No abstract provided.
Conundrums With Penumbras: The Right To Privacy Encompasses Non-Gamete Providers Who Create Preembryos With The Intent To Become Parents, Lainie M.C. Dillon
Conundrums With Penumbras: The Right To Privacy Encompasses Non-Gamete Providers Who Create Preembryos With The Intent To Become Parents, Lainie M.C. Dillon
Washington Law Review
To date, five state high courts have resolved disputes over frozen preembryos. These disputes arose during divorce proceedings between couples who had previously used assisted reproduction and cryopreserved excess preembryos. In each case, one spouse wished to have the preembryos destroyed, while the other wanted to be able to use or donate them in the future. The parties in these cases invoked the constitutional right to privacy to argue for dispositional control over the preembryos; two of the five cases were resolved by relying on this right. The constitutional right to privacy protects intimate decisions involving procreation, marriage, and family …
Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann
Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann
Law Faculty Scholarship
This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Significantly, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care …
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean
Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean
UIC John Marshall Journal of Information Technology & Privacy Law
Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …
E-Health: The Medical Frontier--Preface, Brian J. Caveney
E-Health: The Medical Frontier--Preface, Brian J. Caveney
West Virginia Law Review
No abstract provided.
Health Care, Technology And Federalism, Kevin Outterson
Health Care, Technology And Federalism, Kevin Outterson
West Virginia Law Review
No abstract provided.
Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper
Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper
West Virginia Law Review
No abstract provided.
Cybermedicine And Virtual Pharmacies, Ronald L. Scott
Cybermedicine And Virtual Pharmacies, Ronald L. Scott
West Virginia Law Review
No abstract provided.
Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo
UIC John Marshall Journal of Information Technology & Privacy Law
"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …
Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis
UIC John Marshall Journal of Information Technology & Privacy Law
Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …
Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers
Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers
UIC John Marshall Journal of Information Technology & Privacy Law
In Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care, Dr. Warner V. Slack takes the reader on an interesting journey from the advent of experimental computer usage in the early 1960s, to comprehensive, hospital-wide computing systems in the 1980s, and into the future. As a professor of medicine and psychiatry at Harvard Medical School and co-president of the Center for Clinical Computing and co-director of the Division for Clinical Computing at Beth Israel Deaconess Medical Center, Dr. Slack, who has been involved with computers in medicine for some thirty-five years, demonstrates how the use of computers can …
For My Doctor's Eyes Only: Ferguson V. City Of Charleston, Sandi J. Toll
For My Doctor's Eyes Only: Ferguson V. City Of Charleston, Sandi J. Toll
Loyola University Chicago Law Journal
No abstract provided.
Blood, Sweat, And Tears: Toward A New Paradigm For Protecting Donor Privacy, 7 Va. J. Soc. Pol'y & L. 141 (2000), Kevin Hopkins
Blood, Sweat, And Tears: Toward A New Paradigm For Protecting Donor Privacy, 7 Va. J. Soc. Pol'y & L. 141 (2000), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
UF Law Faculty Publications
This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …
Using The Dna Profile As The Unique Patient Identifier In The Community Health Information Network: Legal Implications, 15 J. Marshall J. Computer & Info. L. 227 (1997), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
One of the greatest obstacles to electronic medical record keeping is the absence of a unique patient identifier. With the sharing of patient's information, an increased risk of error exists. Among these risks are the transmission of the wrong patient's records and security of confidential patient information. Implementation of a uniform patient identifier will eliminate the obstacle to cooperation and information-sharing of health data. This article proposes the application of a unique protocol, which utilizes DNA fingerprints as a patient's personal identifier. Since each individual's DNA profile is distinctly different, the fingerprint would act as the patient's personal bar code, …