Health Law and Policy Commons^™

Rehabilitating Opioid Regulation: A Prescription For The Fda's Next Proposal Of An Opioid Risk Evaluation And Mitigation Strategy (Rems), Hilary Homenko

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medical Marijuana And The Ada: Removing Barriers To Employment For Disabled Individuals, Russell Rendall

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 20 Issue 1 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Symposium: The Future Of Food Regulation -- Introduction, Wendy E. Wagner

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Food Safety Crises As Crises In Administrative Constitutionalism, Elizabeth Fisher

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Signs Of Change Or Clash Of Symbols ? Fda Regulation Of Nutrient Profile Labeling, Timothy D. Lytton

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald T. Hornstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena Steinzor

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 20 Issue 2 (2010), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Preserving Human Potential As Freedom: A Framework For Regulating Epigenetic Harms, Fazal Khan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, Daniel B. Vorhaus

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Minute Medicine: Examining Retail Clinic Legal Issues And Legislative Challenges, Aaron Hoffmann

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Individual Mandate And The Taxing Power, Erik M. Jensen

Faculty Publications

This article, prepared for a symposium at the Salmon P. Chase College of Law, Northern Kentucky University, considers whether the Taxing Clause provides an alternative constitutional basis, as some have recently argued, for the individual mandate in the Patient Protection and Affordable Care Act of 21 - the requirement, going into effect in 214, that most individuals acquire satisfactory health insurance or pay a penalty. The article concludes that the Taxing Clause arguments are misguided. At best, the Clause can provide authority for the penalty, not for the mandate as a whole. Furthermore, the article questions whether the penalty will …

Whose Body? Whose Soul? Medical Decision-Making On Behalf Of Children And The Free Exercise Clause Before And After Employment Division V. Smith, B. Jessie Hill

Faculty Publications

Within constitutional law, children’s rights have suffered from severe neglect. The issue of parents’ constitutional rights to deny children medical treatment based on religious belief is one area in desperate need of attention. Although the Supreme Court’s 199 decision in Employment Division v. Smith seemingly set forth a relatively clear rule regarding the availability of exemptions from generally applicable laws - such as those requiring parents to ensure that their children receive appropriate medical care - Smith has changed little in this realm, and if anything, it has only confused matters, highlighting the intractable nature of the issue. While Smith …

Improving Health Care Outcomes Through Personalized Comparisons Of Treatment Effectiveness Based On Electronic Health Records, Sharona Hoffman, Andy Podgurski

Faculty Publications

Comparative effectiveness research (CER) is one of the Patient Protection and Affordable Care Act’s significant initiatives that aims to improve treatment outcomes and lower health care costs. This Article takes CER a step further and suggests a novel clinical application for it. The Article proposes the development of a national framework to enable physicians to rapidly perform, through a computerized service, medically sound personalized comparisons of the effectiveness of possible treatments for patients’ conditions. A treatment comparison for a given patient would be based on data from electronic health records of a cohort of clinically similar patients who received the …

Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler

Faculty Publications

The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared for a symposium sponsored by the Kansas Journal of Law & Public Policy, addresses some of these federalism issues. After outlining some of the policy considerations for determining the proper federal and state balance in health care policy, it identifies constitutional limitations on the federal government’s ability to direct or even influence state policy choices, before discussing how federal …

Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David G. Yosifon

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Born By The Woman, Caught By The Midwife: The Case For Legalizing Direct-Entry Midwifery In All Fifty States, Sarah Anne Stover

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski

Faculty Publications

Health information technology (HIT) is becoming increasingly prevalent in medical offices and facilities. Like President George W. Bush before him, President Obama announced a plan to computerize all Americans’ medical records by 214. Computerization is certain to transform American health care, but to ensure that its benefits outweigh its risks, the federal government must provide appropriate oversight.

President Obama’s stimulus legislation, the American Recovery and Reinvestment Act of 29 (ARRA), dedicated $27 billion to the promotion of health information technology. It provides payments of up to $44, per clinician under the Medicare incentive program and $63,75 per clinician under the …

Hidden Truth: The Perils And Protection Of Off-Label Drug And Medical Device Promotion, Gregory Conko

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Symposium On Commercial Speech And Public Health -- Introduction, Jonathan H. Adler

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.

Volume 21 Issue 1 (2011), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Health Related Claims, The Market For Information, And The First Amendment, J. Howard Beales Iii

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Commercial Speech, Drugs, Promotion And A Tailored Advertisement Moratorium, Margaret Gilhooley

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Truth Or Consequences?: Commercial Free Speech Vs. Public Health Promotion (At The Fda), Lars Noah

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Food And Drug Administration V. The First Amendment: A Survey Of Recent Fda Enforcement, Gerald Masoudi, Christopher Pruitt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra

Health Matrix: The Journal of Law-Medicine

No abstract provided.

When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Employing E-Health: The Impact Of Electronic Health Records On The Workplace, Sharona Hoffman

Faculty Publications

Electronic Health Record (HER) systems may soon become a fixture in most medical settings. President Obama’s 29 stimulus legislation includes $19 billion to promote their implementation. The sophisticated features and efficiencies of HER systems have the potential to improve health outcomes and enhance patient welfare considerably. However, this emerging technology also poses significant challenges and risks, not the least of which are its workplace impacts. This article provides a first of its kind analysis of the ramifications of HER systems for workers and employers.

The potential effects of health information computerization on the workplace are numerous. Employers may obtain and …