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Case Western Reserve University School of Law

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Articles 121 - 150 of 703

Full-Text Articles in Health Law and Policy

Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick Jan 2018

Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick

Health Matrix: The Journal of Law-Medicine

The article highlights the features of the U.S. Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and identify those attributes that make it vulnerable to the same types of unintended behaviors that have plagued pay-for-performance models in other industries. Topics discussed include unintended consequences associated with pay-for-performance in non-health care industries; physician disclosure standards; and need of laws for patient-centered care and patient autonomy.


Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan Jan 2018

Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan

Health Matrix: The Journal of Law-Medicine

To the extent we can even refer to an American healthcare "system," it functions brilliantly ... to make money. The system is designed to reward executives or major shareholders of pharmaceutical & health insurance companies, healthcare facilities, and related entities. With a rapidly aging population, healthcare will soon surpass a fifth of our economy. Of course, the American healthcare system does not function brilliantly when one considers the perspective of patients and over-extended primary care providers. Prices are growing faster than inflation or wages, healthcare is twice as costly as other comparable nations, and one third is a result of …


The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley Jan 2018

The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley

Health Matrix: The Journal of Law-Medicine

The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never …


Health Matrix, 2018 Jan 2018

Health Matrix, 2018

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan Jan 2018

Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan

Health Matrix: The Journal of Law-Medicine

The article examines the need of a pro-active regulation of cross-border egg and surrogacy markets. Topics discussed include ways to regulate surrogacy market failures; conduct of both cross-border markets and the main failures that raise the need for regulation in each market; and minimalistic and a pro-active approach to regulate the markets.


Examining Nontherapeutic Circumcision, Stephen R. Munzer Jan 2018

Examining Nontherapeutic Circumcision, Stephen R. Munzer

Health Matrix: The Journal of Law-Medicine

The article argues that male minors have a moral anticipatory right-in-trust not to be circumcised without a medical indication. Topics discussed include ethical, political, and intellectual persuasions of children's rights, parental rights, religious freedom; moral implications to circumcise male minors without a medical indication; and moral rights of male minors


Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski Jan 2018

Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski

Health Matrix: The Journal of Law-Medicine

The article highlights federal government funding of Targeted Genomic Editing (TGE) experimentation on human embryos, and recommends additional funding to accelerate scientific development and inquiry. Topics discussed include background of TGE, emphasizing CRISPR-Cas9 technology; risk of an emerging knowledge gap in this field; and legitimate concerns about what kinds of research are in the public and national interest.


Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah Jan 2018

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Health Matrix: The Journal of Law-Medicine

The article discusses how bioethics education integrates ideas from ethics, law, science, and public policy with the goal of solving problems associated with the delivery of medical care. Topics discussed include Torts and various health law courses; American legal education's multi-tiered approach to teach students about law; and role of empathy and humility in the teaching and practice of law.


The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov Jan 2018

The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov

Health Matrix: The Journal of Law-Medicine

The article discusses how regulation is vital to protect the small proportion of the population that will develop schizophrenia from marijuana use. Topics discussed include marijuana's effects on a user's psyche; triggers and symptoms of schizophrenia; and need to legalize marijuana for people who are at least twenty-five years old or who have been cleared by a psychologist.


Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore Jan 2018

Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore

Health Matrix: The Journal of Law-Medicine

In the U.S., one out of eight practicing physicians is older than sixty-five, and many practice well into their seventies. Many commentators and healthcare organizations, concerned that aging physicians are at risk for cognitive impairment, have urged, or actually instituted, cognitive "screening" for older physicians as a means to ensure patient safety. An age-based screening program, however, should not proceed unless supported by clear evidence and not prohibited by law. This article argues that neither of these conditions applies. Singling out all older physicians for cognitive testing is empirically unjustified and legally prohibited. Furthermore, there are other means to reliably …


Exploitation In Medical Research: The Enduring Legacy Of The Tuskegee Syphilis Study, Ruqaiijah Yearby Jan 2017

Exploitation In Medical Research: The Enduring Legacy Of The Tuskegee Syphilis Study, Ruqaiijah Yearby

Faculty Publications

No abstract provided.


The Outcomes, Economics, And Ethics Of The Workplace Wellness Industry, Al Lewis Jan 2017

The Outcomes, Economics, And Ethics Of The Workplace Wellness Industry, Al Lewis

Health Matrix: The Journal of Law-Medicine

On its surface, who can argue with the concept of workplace wellness? How could there be anything wrong with corporations helping their employees reduce their risk of disease while saving money in the process?


The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos Jan 2017

The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos

Health Matrix: The Journal of Law-Medicine

The article focuses on the role of Equal Employment Opportunity Commission (EEOC) and Americans with Disabilities Act (ADA) in workplace wellness programs in the U.S.


Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health, Warren G. Lavey Jan 2017

Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health, Warren G. Lavey

Health Matrix: The Journal of Law-Medicine

Tax-exempt hospitals' community health needs assessments ("CHNAs") provide an underutilized resource for healthcare organizations and communities. These studies and action commitments, which the Affordable Care Act ("ACA") requires, are linked to financial incentives for hospitals to manage population health.


Essay: Creating A Culture Of Health - One University's Experience, Elizabeth Click Jan 2017

Essay: Creating A Culture Of Health - One University's Experience, Elizabeth Click

Health Matrix: The Journal of Law-Medicine

The article focuses on the university wellness initiative programs made for improving employee health, enhancing morale and the culture of health, and modifying healthcare expenses in the U.S.


The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll Jan 2017

The Dubious Empirical And Legal Foundations Of Wellness Programs, Adrianna Mcintyre, Nicholas Bagley, Austin Frakt, Aaron Carroll

Health Matrix: The Journal of Law-Medicine

The article offers information on the dubious empirical and legal foundations of workplace wellness programs in the U.S. Topics discussed include enactment of Affordable Care Act for expanding the scope of incentives availas; analysis of financial incentives offered to the employees for encouraging their participation in wellness programs; and targeting incentives specifically toward individuals diagnosed with chronic diseases.


Big Data And The Americans With Disabilities Act, Sharona Hoffman Jan 2017

Big Data And The Americans With Disabilities Act, Sharona Hoffman

Faculty Publications

While big data offers society many potential benefits, it also comes with serious risks. This Essay focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (ADA) should be amended in response to the big data phenomenon in order to protect individuals who are perceived as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the non-traditional mechanisms of social media, wellness programs, and …


How Assuming Autonomy May Undermine Wellness Programs, Jessica L. Roberts, Leah R. Fowler Jan 2017

How Assuming Autonomy May Undermine Wellness Programs, Jessica L. Roberts, Leah R. Fowler

Health Matrix: The Journal of Law-Medicine

In recent years, corporate wellness programs have become a routine aspect of the employer-provided health-insurance system. While they vary tremendously in their requirements and incentives, what these programs share is the common goal of modifying employee behavior to improve health and, as a result, to lower costs. However, the effectiveness of wellness programs has been called into question.


Sex Education: Funding Facts, Not Fear, Rachel Rubenstein Jan 2017

Sex Education: Funding Facts, Not Fear, Rachel Rubenstein

Health Matrix: The Journal of Law-Medicine

The article offers information on the funding sex education programs enacted by the government for teaching about abstinence as the best method for avoiding sexually transmitted diseases and unintended pregnancy and risks factors associated with it in the U.S. Topics discussed include analysis of California Healthy Youth Act as a model for adequate sex education; different forms of sex education; and enactment of Abstinence Education Grant Program for the same.


Controlling Excessive Off-Label Medicare Drug Costs Through The False Claims Act, David Kwok Jan 2017

Controlling Excessive Off-Label Medicare Drug Costs Through The False Claims Act, David Kwok

Health Matrix: The Journal of Law-Medicine

High prescription drug prices are driving ever-increasing United States healthcare costs, and the federal government is following this alarming trend …


Masthead, Volume 27 (2017) Jan 2017

Masthead, Volume 27 (2017)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Health Matrix, Health Matrix Jan 2017

Health Matrix, Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon Jan 2017

Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon

Health Matrix: The Journal of Law-Medicine

The article focuses on the worksite wellness program (WWP) made by the employers for maintaining the industrial hygiene and also discusses the challenges faced by the employees in implementing the same in the U.S. Topics discussed include Pennsylvania State University's problematic effort in implementing a WWP.


Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak Jan 2017

Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Our genomic sequence constitutes the most sensitive and personal of information: uniquely identifying us, revealing our propensity to develop certain diseases and conditions, and exposing familial connections of close genetic relatives. Big Data enables consumer-genomics companies to collect, store, and electronically share genomic-sequence data in conjunction with numerous pieces of private health and personal information.


Reproductive Selection Bias, Lauren R. Roth Jan 2017

Reproductive Selection Bias, Lauren R. Roth

Health Matrix: The Journal of Law-Medicine

Decades after the advent of assisted reproductive technology ("ART") that allows prospective parents to deselect embryos with grave genetic illnesses—a procedure called preimplantation genetic diagnosis ("PGD")— it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of reproductive rights in spite of the current political climate. If reproductive liberty is tied to equality through access to medical procedures, scholars must finally answer the question of what equality requires in a system that permits the use of ARTs. This Article shows how the current system of …


The Prescription For Rising Drug Prices: Competition Or Price Controls?, Joanna Shepherd Jan 2017

The Prescription For Rising Drug Prices: Competition Or Price Controls?, Joanna Shepherd

Health Matrix: The Journal of Law-Medicine

The article focuses on the implementing of reforms aimed at promoting competition or prohibiting anticompetitive practices in rising drug prices in the U.S.


Weapons Of Mass Hysteria, Faulty Biothreat Predictions, And Their Impact On National (In)Security: A Case-Study Of Smallpox, Barbara Pfeffer Billauer Jan 2017

Weapons Of Mass Hysteria, Faulty Biothreat Predictions, And Their Impact On National (In)Security: A Case-Study Of Smallpox, Barbara Pfeffer Billauer

Health Matrix: The Journal of Law-Medicine

Biothreat projections for pandemic and bioterrorist planning are generated by a straight-forward computational system, rather than scientific evidence.


A Crisis Of Patent Law And Medical Innovation: The Category Of Diagnostic Claims In The Wake Of Ariosa V. Sequenom, Alexa Johnson Jan 2017

A Crisis Of Patent Law And Medical Innovation: The Category Of Diagnostic Claims In The Wake Of Ariosa V. Sequenom, Alexa Johnson

Health Matrix: The Journal of Law-Medicine

The article analysis the scope of patent eligibility of diagnostic tests in the U.S. focusing on Ariosa v. Sequenom and Mayo Collaborative Servs. v. Prometheus Labs., Inc. court case.


Food For Thought: Flexible Farm To School Procurement Policies Can Increase Access To Fresh, Healthy School Meals, Lauren Tonti Jan 2017

Food For Thought: Flexible Farm To School Procurement Policies Can Increase Access To Fresh, Healthy School Meals, Lauren Tonti

Health Matrix: The Journal of Law-Medicine

The article focuses on the enactment of farm to school procurement policies for providing students health and its impact in increasing access to fresh, healthy school meals in the U.S.


Caring For The Body And The Soul: Small Businesses Post-Hobby Lobby And Hhs Contraceptive Rule, James Lesinski Jan 2017

Caring For The Body And The Soul: Small Businesses Post-Hobby Lobby And Hhs Contraceptive Rule, James Lesinski

Health Matrix: The Journal of Law-Medicine

The article examines the corporate personhood movement and its impact on closely-held corporations and individuals focusing on the U.S. Department of Health and Human Services rule.