Health Law and Policy Commons^™

Masthead, Volume 20 Issue 2 (2010)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 21 Issue 2 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Pgtandme: Social Networking-Based Genetic Testing And The Evolving Research Model, Valerie Gutmann Koch

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Federal Trade Commission's Authority To Regulate Marketing To Children: Deceptive Vs. Unfair Rulemaking, Jennifer L. Pomeranz Jd, Mph

Health Matrix: The Journal of Law-Medicine

No abstract provided.

All For One And One For All: Informed Consent And Public Health, Jessica Wilen Berg

Faculty Publications

The concept of informed consent is well established in the field of bioethics, but its application is unclear in the area of public health. The increasing prevalence of public health interventions creates a need to analyze the scope of government power as it relates to individual choice. This Article explores three different types of public health measures in which individual choice has been limited: (1) environmental interventions; (2) classic public health interventions to prevent contagious disease; and (3) public health information reporting or use. The reasons for limiting informed consent vary depending on the context, and the implications for the …

Balancing Privacy, Autonomy, And Scientific Needs In Electronic Health Records Research, Sharona Hoffman, Andy Podgurski

Faculty Publications

The ongoing transition from paper medical files to electronic health records will provide unprecedented amounts of data for biomedical research, with the potential to catalyze significant advances in medical knowledge. But this potential can be fully realized only if the data available to researchers is representative of the patient population as a whole. Thus, allowing individual patients to exclude their health information, in keeping with traditional notions of informed consent, may compromise the research enterprise and the medical benefits it produces.

This Article analyzes the tension between realizing societal benefits from medical research and granting individual preferences for privacy. It …

Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski

Faculty Publications

Many analysts and users of contemporary clinical decision support ("CDS") systems have expressed grave concerns about the technology’s efficacy and functionality. Alerts generated by CDS systems are often inaccurate, and an excess of alerts leads some physicians to experience "alert fatigue" and to turn off CDS altogether. This article formulates recommendations to improve drug-drug interaction (DDI) alerts.

The paper comments upon a proposal by Susan Ridgely and Michael Greenberg, who call for the development of a consensus-based "clinically significant drug-drug interaction list" that could generate limited liability protection for users. We argue that instead of creating a list of always-contraindicated …

Introduction - Symposium Issue On Health Data Security Systems, Sharona Hoffman

Faculty Publications

Introduction to the Health Data Security System symposium 2012 Huston, TX.

Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill

Faculty Publications

The school nurse cannot give your teenage daughter an aspirin for her headache without your permission, but that same daughter can get an abortion without even informing you. Or can she? The obligations on medical personnel providing care to adolescents are famously indeterminate.

Two common-law presumptions have long lurked in the background, but, far from elucidating matters, those presumptions have contributed to the state of confusion. The first presumption is that, absent any special rule, children lack the legal authority to consent to medical treatment on their own. A parallel and corresponding presumption is that parents have a legal entitlement …

What Is The Meaning Of Health? Constitutional Implications Of Defining 'Medical Necessity' And 'Essential Health Benefits' Under The Affordable Care Act, B. Jessie Hill

Faculty Publications

One consequence of the Affordable Care Act (ACA) is that government will come to play a more extensive role in healthcare decision-making by individuals and their providers. The ACA does not directly regulate access to health services, but by means of a system of funding, mandates, and penalties, it essentially requires many employers to provide, and most individuals to carry, a certain minimum level of health insurance. Governmental decisions about which medical services qualify as medically necessary and appropriate may take on a new and greater importance, because government officials will be required to decide what sorts of procedures must …

Breaking The Cycle Of ‘Unequal Treatment’ With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah Yearby

Faculty Publications

Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 ("Title VI") and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never been fulfilled. Now, many hail the passage of the Patient Protection and Affordable Health Care Act ("ACA") as the biggest governmental step in equalizing access to health care because it has the potential to increase minority access to health …

Never Say Never: "Never Events" In Medicare, John Crist

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Dna To Play: Major League Baseball's Use Of Dna Testing On Central And South American Prospects In The Age Of The Genetic Information Nondiscrimination Act Of 2008, Nicholas Pompeo

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Quality Of Health Care And The Role Of Relationships: Bridging The Medico-Legal Divide, Sagit Mor, Orna Rabinovich Einy

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 20 Issue 1 (2010)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Food Safety And Risk Governance In Globalized Markets, Sandra Hoffmann, William Harder

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard C. Boldt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Setting Gender Identity Free: Expanding Treatment For Transsexual Inmates, Travis Wright Colopy

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Public Health Perspective On Health Care Reform, Micah L. Berman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Amar Gupta, Deth Sao

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medical Liability And Health Care Reform, Leonard J. Nelson Iii, Michael A. Morrisey, David J. Becker

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Fda Preemption Of Drug And Device Labeling: Who Should Decide What Goes On A Drug Label, Tamsen Valoir Phd, Shubha Ghosh

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Increasing Consent For Organ Donation: Mandated Choice, Individual Autonomy, And Informed Consent, Hayley Cotter

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 22 Issue 2 (2012)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 22 Issue 1 (2012), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Waiver Of The Psychotherapist-Patient Privilege: Implications For Child Custody Litigation, Marcia M. Boumil, Debbie F. Fretias, Cristina F. Freitas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board, Ann Marie Marciarille, J. Bradford Delong

Health Matrix: The Journal of Law-Medicine

No abstract provided.

University Opposition To Unfettered Research: A New Bedfellow For Biotech?, Katherine L. Record

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Catching Flies With Vinegar: A Critique Of The Centers For Medicare And Medicaid Self-Disclosure Program, Jean Wright Veilleux

Health Matrix: The Journal of Law-Medicine

No abstract provided.