Health Law and Policy Commons^™

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

Faculty Publications

Using a public health policy perspective, this article examines the persistence of racial inequities in nursing homes and prescribes a solution to address these inequities. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to …

E-Health Hazards: Provider Liability And Electronic Health Record Systems, Sharona Hoffman, Andy Podgurski

Faculty Publications

In the foreseeable future, electronic health record (EHR) systems are likely to become a fixture in medical settings. The potential benefits of computerization could be substantial, but EHR systems also give rise to new liability risks for health care providers that have received little attention in the legal literature. This Article features a first of its kind, comprehensive analysis of the liability risks associated with use of this complex and important technology. In addition, it develops recommendations to address these liability concerns. Appropriate measures include federal regulations designed to ensure the quality and safety of EHR systems along with agency …

Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish

Faculty Publications

Building on the knowledge generated by the long history of disease-oriented research, the next few decades will witness an explosion of biomedical enhancements to make people faster, stronger, smarter, less forgetful, happier, prettier, and live longer. Growing interest in pediatric enhancements is likely to stimulate the conduct of enhancement research involving children. However, guidelines for the protection of human subjects were developed for investigations of therapeutic modalities. To date, virtually no attention has been paid to whether these rules would be appropriate for investigations to establish the safety and efficacy of technologies intended for enhancement rather than therapeutic uses and, …

Survey Of State Medical And Osteopathy Board Disciplinary Web Sites In 2006, Meredith Larson, Peter Lurie, Benita Marcus, Sidney Wolfe

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 19 Issue 1 (2009)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ten Fingers, Ten Toes: Newborn Screening For Untreatable Disorders, Ellen Wright Clayton

Health Matrix: The Journal of Law-Medicine

No abstract provided.

How The Promises Of Riches In Collegiate Athletics Lead To The Compromised Long-Term Health Of Student-Athletes: Why And How The Ncaa Should Protect Its Student-Athletes' Health, Brian C. Root

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Introduction To Proceedings From A Conference On Newborn Screening For Nontreatable Disorders, Maxwell J. Mehlman

Faculty Publications

No abstract provided.

Finding A Cure: The Case For Regulation And Oversight Of Electronic Health Record Systems, Sharona Hoffman, Andy Podgurski

Faculty Publications

In the foreseeable future, it is likely that the familiar, paper-based patient medical files will become a thing of the past. On April 26, 24, President George W. Bush announced a plan to ensure that all Americans' health records are computerized within ten years and to establish a National Health Information Network. Many advocates are enthusiastically promoting the adoption of health information technology (HIT) and electronic health record (HER) systems as a means to improve U.S. health care.

HER systems often not only serve as record-keeping systems, but also have multiple capabilities, including drug ordering, decision support, alerts concerning patient …

Preparing For Disaster: Protecting The Most Vulnerable In Emergencies, Sharona Hoffman

Faculty Publications

Many federal, state, local and private entities are investing significant resources in disaster readiness initiatives. Often disregarded, however, are the special needs of vulnerable populations during disasters. In the context of emergencies, vulnerable groups may include individuals with disabilities, pregnant women, children, the elderly, prisoners, members of ethnic minorities, people with language barriers, and the impoverished. The fate of the disadvantaged during disasters has received little attention in the legal literature, and this article begins to fill that gap. It examines ethical theories of distributive justice and existing federal and state civil rights and emergency response laws and argues that …

Pay For Performance, Quality Of Care And The Revitalization Of The False Claims Act, Devin S. Schindler

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Adjusting The Role Of Chiropractors In The United States: Why Narrowing Chiropractor Scope Of Practice Statutes Will Protect Patients, Peter Morrison

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Law Of Doctoring: A Study Of The Codification Of Medical Professionalism, Andrew Fichter

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 19 Issue 1 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Ghost In Our Genes: Legal And Ethical Implications Of Epigenetics, Mark A. Rothstein, Yu Cai, Gary E. Marchant

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Advancing Civil Rights, The Next Generation: The Genetic Information Nondiscrimination Act Of 2008 And Beyond, Morse Hyun-Myung Tan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Proceedings: Newborn Screening For Nontreatable Disorders -- Introduction, Maxwell J. Mehlman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Blurred Distinction Between Treatable And Untreatable Conditions In Newborn Screening, Donald B. Bailey Jr.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Systems To Determine Treatment Effectiveness In Newborn Screening, R. Rodney Howell

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Assessing The New Criteria For Newborn Screening, Jeffrey R. Botkin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

On Treatability: Considerations Of Treatment In Context Of Newborn Screening, Marvin R. Natowicz, Shlomit Zuckerman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Expanding Access To Investigational Drugs For Treatment Use: A Policy Analysis And Legislative Proposal, Austin Winniford

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Assisted Outpatient Treatment In Ohio: Is Jason's Law Life-Saving Legislation Or A Rash Response?, Steven Strang

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 19 Issue 2 (2009)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 19 Issue 2 (2009), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medical Malpractice And New Devices: Defining An Elusive Standard Of Care, Michael D. Greenberg

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Keeping Doctors Out Of The Interrogation Room: A New Ethical Obligation That Requires The Backing Of The Law, Ayham Bahnassi

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Inmate Access To Elective Abortion: Social Policy, Medicine And The Law, Angela Thomas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Reproductive Rights As Health Care Rights, B. Jessie Hill

Faculty Publications

U.S. legal scholarship concerning reproductive rights has largely revolved around the poles of decisional autonomy, privacy, and equality, with a concomitant a tendency to de-emphasize the medical aspect of abortion rights. The medical approach has been particularly disfavored by feminist scholars, largely due to concerns about undermining the equality rationale for reproductive rights and placing too much power in the hands of physicians. In addition, American constitutional law has tended to treat reproductive-rights cases differently from other cases raising challenges to government restrictions on individuals’ rights to access certain forms of medical treatment, granting heightened judicial scrutiny to the former …

High-Deductible Health Plans: Litigation Hazards For Health Insurers, E. Haavi Morreim

Health Matrix: The Journal of Law-Medicine

No abstract provided.