Health Law and Policy Commons^™

Dr. Hoffman Among Nation's Most-Cited Health Law Scholars, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Welcome from our Law-Medicine Center leaders
• Cleveland: A top city for health care
• Professor Sharona Hoffman among most cited health law scholars in the nation
• Law-Medicine conference explores legal challenges in Precision Medicine
• Renowned healthcare journalist, Elisabeth Rosenthal, gives talk on how healthcare became a big business
• The Law-Medicine Center’s fall events take on Medicaid, healthcare privacy and reproductive rights
• Reproductive Rights Lab: Student teams conduct legal research on abortion clinics and women in prison…
• 3L wins national health law writing competition
• CJ Sandley: Advocate for at-risk prisoners
• Seth Jacobs: Revolutionizing healthcare from within 
• Q&A: Defending pharmaceuticals and medical facilities …

Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer

Health Matrix: The Journal of Law-Medicine

The article examines the role played by Americans with Disabilities Act (ADA) in protection of mentally ill employees in the workplace.

Electronic Health Records And Medical Big Data: Law And Policy, Sharona Hoffman

Faculty Publications

This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It is useful both as a primer for students and as a resource for knowledgeable professionals. The book analyzes the shortcomings and benefits of EHR systems, explores the law's response to the technology’s adoption, highlights gaps in the current legal framework, and develops detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns, but also other important challenges, such as those related to data quality …

Masthead, Volume 26

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup

Health Matrix: The Journal of Law-Medicine

A speech delivered by Nancy Northup, President and chief executive officer (CEO) of the U.S. Center for Reproductive Rights. It discusses the consequences of the U.S. Supreme Court's decision in case 'Roe v. Wade' on pretextual health law.

The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan

Health Matrix: The Journal of Law-Medicine

The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.

Improving The Emergency Medical Services System’S Response To Domestic Violence, Karen Oehme, Nat Stern, Elizabeth Donnelly, Rebecca Melvin

Health Matrix: The Journal of Law-Medicine

The article examines the need of a strategy in the U.S. for the emergency health care that would include an role for emergency medical services (EMS) in preventing domestic violence. Topics discussed include ways to increase the degree of consistency and accountability of the EMS system, training on domestic violence for EMS personnel, and requirement of universal screening of female patients for domestic violence.

America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou

Health Matrix: The Journal of Law-Medicine

The article focuses on the underuse of buprenorphine because it is the most widely used medication for treating opioid dependence that is cost-effective in the United States. It discusses restrictions placed on prescribers under the Drug Addiction Treatment Act (DATA) of 2000 and the need to reintroduce the Recovery Enhancement for Addiction Treatment Act.

The Constitutionality Of Solitary Confinement: Insights From Maslow’S Hierarchy Of Needs, Lindley A. Bassett

Health Matrix: The Journal of Law-Medicine

The article examines the Eighth Amendment and solitary confinement in the United States, in particular, the tenth circuit court decision in Silverstein v. Federal Bureau of Prisons, and possible solutions.

Borrowing From Dormant Commerce Clause Doctrine In Analyzing Abortion Clinic Regulations, Caitlin E. Borgmann

Health Matrix: The Journal of Law-Medicine

The article examines the intensity in legislative rulemaking specifically directed at dismantling women's health protections is sweeping across the U.S. Topics discussed include the U.S. anti-reproductive rights legislation; legal protections for pharmacists who refuse to dispense contraceptive medications to women; and targeted restrictions of abortion providers (TRAP laws) in Texas.

Volume 26 (2016), Case Western Reserve University Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Pregnancy Penalty, Michele Goodwin

Health Matrix: The Journal of Law-Medicine

Punishing pregnant women increasingly serves as a litmus test in political discourse, inviting more than a metaphor about state sanctioned violence targeted at women. In 2016, candidates for the United States presidency threatened to defund Planned Parenthood if elected and a leading candidate promised he would "punish" pregnant women who seek abortions. Other presidential candidates urged that even victims of rape and incest should be forced to carry their pregnancies to term, imposing yet another penalty or strike against sexually violated women and girls. Local legislatures and governors show equal contempt for and desire to penalize women in the United …

Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West

Health Matrix: The Journal of Law-Medicine

The article examines the political, legal and constitutional challenges related to Birth control laws in the U.S. It discusses Supreme Court jurisprudence, such as Burwell v. Hobby Lobby Stores Inc. and birth control drug law and treatments.

Genetic Essentialism In Family Law, Jennifer S. Hendricks

Health Matrix: The Journal of Law-Medicine

This is an essay exploring the costs of relying on genetic essentialism in family law in the United States. It discusses mandatory genetic testing of every child at birth; a need of an alternative way of thinking about biological parenthood; and the New York court case Fasano v. Perry-Rodger.

Tantamount To Fraud?: Exploring Non-Disclosure Of Genetic Information In Life Insurance Applications As Grounds For Policy Rescission, Anya E.R. Prince

Health Matrix: The Journal of Law-Medicine

Many genetic counselors recommend that individuals secure desired insurance policies, such as life insurance, prior to undergoing predictive genetic testing. It has been argued, however, that this practice is "tantamount to fraud" and that failure to disclose genetic test results, or conspiring to secure a policy before testing, opens an individual up to legal recourse. This debate traps affected individuals in a Catch-22. If they apply for life insurance and disclose a genetic test result, they may be denied. If they apply without disclosing the information, they may have committed fraud. The consequences of life insurance fraud are significant.

First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Rene F. Najera, Dorit R. Reiss

Health Matrix: The Journal of Law-Medicine

The article discusses the how immunizing health care worker can help protecting vulnerable patients and mandatory vaccination of health care workers in New Jersey (Valent v. Board of Review, Department of Labor).

Human Trafficking: How A Joint Task Force Between Health Care Providers And Law Enforcement Can Assist With Identifying Victims And Prosecuting Traffickers, Megan Helton

Health Matrix: The Journal of Law-Medicine

The article discusses how a joint task force between health care providers and law enforcement can assist with identifying victims and prosecuting traffickers in the U.S. Topics discussed include legislation criminalizing human trafficking; laws protecting victims of human trafficking; and ways to combat human trafficking in the United States.

Are Corporate Wellness Programs Hazardous?, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Law-Medicine Center Co-Directors participate in White House Precision Medicine Initiative
• Law-Med Center Associate Director named the law school’s first Associate Dean for Diversity
• Dual Degrees in health-related fields
• Markus Willoughby selected for ‘California Lawyer Attorney of the Year’ award
• Alumna brings health law expertise to the American Academy of Dermatology
• Students receive stipends for their health law summer internship programs
• Aging with a Plan receives national publicity
• Class of 2016 health law grad published in Journal of Medical Ethics 
• Faculty and Scholarly Updates
• Law professor submits amicus brief in Whole Woman’s Health v. Hellerstedt

Modernizing The Emergency Medical Treatment & Labor Act To Harmonize With The Affordable Care Act To Improve Equality, Quality And Cost Of Emergency Care, Katharine A. Van Tassel

Faculty Publications

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute passed almost 30 years ago which was designed to ensure equal access to emergency treatment and to halt the practice of “patient dumping.” Patient dumping is a situation where some patients—typically uninsured, disabled, and minority individuals—receive inferior emergency medical care or are denied emergency medical treatment altogether. The goal of EMTALA is to ensure that everyone coming to the emergency room will receive equal care.

Unfortunately, despite EMTALA, the practice of patient dumping has continued to this day. The most recent case in the news is the …

Volume 24 (2014), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Antitrust And The Future Of Nursing: Federal Competition Policy And The Scope Of Practice, Daniel J. Gilman, Julie Fairman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The "Golden Rules" For Eliminating Disparities: Title Vi, Medicare, And The Implementation Of The Affordable Care Act, David Barton Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Why The Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall, Marc A. Rodwin, Justin Silverman, David Merfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Responding To Requests For Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard, Lindsay Penrose

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Prosecuting Women For Drug Use During Pregnancy: The Criminal Justice System Should Step Out And The Affordable Care Act Should Step Up, Erin D. Kampschmidt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Sustainable Access To Data For Postmarketing Medical Product Safety Surveillance Under The Amended Hipaa Privacy Rule, Barbara J. Evans

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Repairing The Therapist? Banning Reparative Therapy For Lgb Minors, Caitlin Sandley

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Sealing The Record: An Analysis Of Jurisdictional Variations Of Juvenile Sex Offender Record Sealing Laws, Nori Wieder

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Big Data Proxies And Health Privacy Exceptionalism, Nicolas P. Terry

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 25 (2015)

Health Matrix: The Journal of Law-Medicine

No abstract provided.