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Articles 271 - 300 of 453

Full-Text Articles in Health Law and Policy

Denying Medical Staff Privileges Based On Economic Credentials , Sandra Difranco Jan 2001

Denying Medical Staff Privileges Based On Economic Credentials , Sandra Difranco

Journal of Law and Health

Health care costs are continuing to rise. This forces hospitals to consider the cost and efficiency of each physician when making privileging decisions. However, hospitals cannot deny a competitor physician staff privileges strictly based on economic factors. If this is the only consideration that the hospital utilizes, a denial or restriction of privileges based solely on competitive considerations may expose the hospital to liability under federal antitrust as well as state tort claims. This Note will focus primarily on Ohio laws and statutes. A comparison with other jurisdictions also will be analyzed. This Note will illustrate the complexities and ambiguities …

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Pink Slip Introduction, Dena S. Davis Jan 2001

Pink Slip Introduction, Dena S. Davis

Journal of Law and Health

What has changed however, is the degree of worry and concern that people feel about the uses to which their genetic information can be put. When the HGP (Human Genome Project) began, a number of pundits were convinced that the "future knowledge" that genetic information can deliver to consumers and insurers alike would completely undermine the practice of private health insurance, and send our current system crashing to the ground. Needless to say, that has not happened; but with 42 million Americans currently without health insurance, and with insurance tightly entwined with employment, many people fear that genetic information will …

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Cardiovascular Genetics: Case Studies, Kenneth G. Zahka Jan 2001

Cardiovascular Genetics: Case Studies, Kenneth G. Zahka

Journal of Law and Health

What I'd like to do in the next 10 or 15 minutes is use a case approach which we all use in medicine as you use in law to give you a flavor for how we as clinicians think about things that are oftentimes obviously genetic. But I want to stress to you that probably a day does not go by or a patient does not go by where I don't think in terms of genetic issues for their cardiovascular health.

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Can Employers Put Genetic Information To Good Use, Kathleen C. Engel Jan 2001

Can Employers Put Genetic Information To Good Use, Kathleen C. Engel

Journal of Law and Health

In my talk today I am going to try to answer the question: Can employers put genetic information to good use? Preparing this talk was a challenge because it required me to switch sides of the table. Having represented plaintiffs in employment discrimination cases for ten years, my inclination is to focus on the ways that employers can use genetic information to the detriment of their workers. I chose to talk about the value of genetic information from the employers' perspective because I wanted to force myself to engage in a disciplined study of the issues, rather than simply don …

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Is There A Pink Slip In Your Genes?, J. B. Silvers Jan 2001

Is There A Pink Slip In Your Genes?, J. B. Silvers

Journal of Law and Health

On the insurance company side, it's clear that insurance companies are not well loved by folks. They're not even supposed to do that. At one point after a company had approached QualChoice and told us not to tell the enrollees something that, in fact, had been a policy decision by the company, I was suggesting that perhaps we should change the name to the company to the "Scapegoat Insurance Company," since that really was what we were being paid for, and I think in this argument that may be part of the issue here.

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Genetic Testing And Employment Litigation, Harry Zanville Jan 2001

Genetic Testing And Employment Litigation, Harry Zanville

Journal of Law and Health

I have only a couple of comments to make that relate to litigation hurdles and how to achieve this balance, and the first thing I want to talk about, following the wonderful presentation is, in fact, we probably don't in some ways even need a new cause of action.

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Application Of Administrative Law To Health Care Reform: The Real Politik Of Crossing The Quality Chasm , Thomas R. Mclean Jan 2001

Application Of Administrative Law To Health Care Reform: The Real Politik Of Crossing The Quality Chasm , Thomas R. Mclean

Journal of Law and Health

Real Politik, a term in vogue at the height of the Cold War, contemplates that in practice, governmental bodies attempt to expand their spheres of influence and control by the application of economic leverage. The federal government is clearly interested in expanding its influence into health care because of its cost. Americans spend over one trillion dollars - forty-four percent of which is paid for by the federal government - on health care each year. To control the cost of health care, governmental reformers proposed the Health Securities Act of 1993 as a frontal assault on the American health care …

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Routine Patient Care In Clinical Trials: Whose Cost Is It Anyway?, Dina Berlyn Jan 2001

Routine Patient Care In Clinical Trials: Whose Cost Is It Anyway?, Dina Berlyn

Journal of Law and Health

This article examines the issue of coverage for routine medical expenses for clinical trial patients by third party payers from both a medical and political policy perspective. It is critical for patients, investigators, and sponsors to know who is responsible for paying these costs. This issue affects the willingness of patients to enter clinical trials and has the potential to affect which diseases will be the subjects of clinical trials. This presentation first summarizes the basics of clinical trials and then explores the definition of routine care in clinical trials. Medicare reimbursement, an issue that has been the subject of …

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Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer Jan 2001

Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer

Journal of Law and Health

This note questions the wisdom of those who content that Catholic health providers, to constitutionally qualify for government assistance or be permitted to merge with public entities, must be stripped of that which makes them most effective - their religious identity. The threat to sectarian healthcare has steadily been on the rise as can be seen in actions such as the American Public Health Association's recent approval of a policy statement recommending more government oversight to preclude the dropping of reproductive services when Catholic and Non-Catholic hospitals merge. Section II explores why these mergers occur and why certain services are …

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Punishment Of Health Care Fraud , Yvette M. Mastin Jan 2000

Punishment Of Health Care Fraud , Yvette M. Mastin

Journal of Law and Health

Although the definition of "health care fraud" is only one of the numerous issues of concern to health law practitioners and health care providers, the language that defines the conduct in question is the foundation of all other concerns related to "health care fraud." This Article will demonstrate the need for a narrowly construed definition of "health care fraud." The Article begins by providing a scenario to explain how a situation involving potential "health care fraud" can arise in the delivery of health care services. The Article then addresses how "health care fraud" is defined through a discussion of the …

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Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger Jan 2000

Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger

Journal of Law and Health

Medical decision-making is one area where drawing and applying a single defining line between childhood and adulthood has proven difficult. Each society determines how it will allocate decision-making authority with respect to children. This article will address how such allocations have been developed in the United States and the United Kingdom. An analysis of the capacity of an adolescent to make decisions remains incomplete without some consideration of the role of parent(s) and of the government. It is precisely here that recent developments in the United Kingdom may provide helpful guidance in the United States.

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Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong Jan 2000

Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong

Journal of Law and Health

Although a number of additional legal questions can be raised, including issues of paternity and inheritance, this paper focuses on the legal issues pertaining to consent, as well as the ethical questions raised above, which need to be discussed in order to address adequately the legal consent issues. The paper is organized as follows: first, the current law of consent to sperm retrieval and insemination after death or PVS is discussed in order to identify gaps in the law - areas that the law does not address or concerning which it is unclear; second, ethical issues are discussed that are …

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Defining Willful Remuneration: How Bryan V. United States Affects The Scienter Requirement Of The Medicare/Medicaid Anti-Kickback Statute, Robb Degraw Jan 2000

Defining Willful Remuneration: How Bryan V. United States Affects The Scienter Requirement Of The Medicare/Medicaid Anti-Kickback Statute, Robb Degraw

Journal of Law and Health

At the forefront of the debate over the anti-kickback statute, and the topic of this Note, is the mens rea, or mental state, that is required for a violation of the law. According to the statute, an individual must "knowingly and willfully" solicit or receive, or offer to pay, remuneration in order to induce business reimbursed under any federal health care program. The interpretation of these terms by the federal courts has varied wildly, as have the underlying Supreme Court cases cited as precedent for such interpretations. However, in June of 1998, the Supreme Court defined the meaning of "willfully" …

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The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka Jan 2000

The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka

Journal of Law and Health

This Note discusses and assesses the Government's likelihood of passing constitutional scrutiny with the Master Settlement Agreement's restrictions in light of the First Amendment case law. A majority of the restrictions will likely pass constitutional scrutiny because they meet the demanding requirements of Central Hudson and its progeny. The author believes that a few of the restrictions need to be more narrowly tailored in order to pass constitutional scrutiny. Suggestions on how to narrowly tailor the restrictions to comport with Central Hudson are proffered by the author. Section II provides an overview of the history of First Amendment commercial speech …

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Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise Jan 2000

Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise

Journal of Law and Health

This note examines "consensual" sexual relationships between non-mental health physicians and patients. More specifically, it examines whether such relationships ever amount to medical malpractice. Generally, a non-mental health physician would be liable under the rubric of medical malpractice only if the sexual relationship was commenced under the guise of "medical treatment." Recent cases, however, have expanded liability in certain circumstances when the physician-patient relationship has involved "counseling matters." "Counseling matters" describes talking to patients about their feelings, or discussing personal problems not necessarily related to their proposed treatment. Medical treatment supplemented by "counseling" purportedly requires greater scrutiny due to the …

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Consumer-Directed Prescription Drug Advertising: Effects On Public Health , William E. Holtz Jan 1999

Consumer-Directed Prescription Drug Advertising: Effects On Public Health , William E. Holtz

Journal of Law and Health

This Paper will evaluate the effectiveness of the current FDA regulatory scheme regarding consumer-directed prescription drug advertising. Part II discusses the relevant history of consumer-directed prescription drug advertising of prescription drugs which is a relatively new practice in the United States. Possible explanations are reviewed for why the change in focus from physicians to consumers as the targets of such advertising has occurred. Part III explains the major classifications of consumer-directed advertising that the FDA has categorized and examines the differences existing among them. Part IV focuses on the current FDA regulatory scheme and begins to expose some of the …

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Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden Jan 1999

Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden

Journal of Law and Health

This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …

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Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse Jan 1999

Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse

Journal of Law and Health

This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the …

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Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron Jan 1999

Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron

Journal of Law and Health

This Paper will discuss the relevant statutes, case law and the Supreme Court's opinion in Geissal v. Moore Medical Corp. It concludes that the Supreme Court correctly reversed the Eighth Circuit's opinion in Geissal by applying the plain meaning of the statute and rejecting the "significant gap" theory. James Geissal was entitled to COBRA continuation coverage even though his wife had preexisting group health insurance coverage. The Fifth, Eleventh and Eigth Circuits' significant gap theory is not supported by the plain meaning of the statute or Congress' intent. The employee should have the choice to elect COBRA or decide whether …

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Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof Jan 1999

Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof

Journal of Law and Health

This Article examines several aspects of the medical and legal debate on physician-assisted suicide. Part I describes the Oregon Death with Dignity Act, the only existing American law legalizing physician assisted suicide. Understanding the provisions of the DWDA provides a concrete, practical framework for discussing the medical and constitutional issues central to the PAS debate. Part II considers the wisdom of the DWDA in light of current medical knowledge and practice. The law allows a patient, with only a few months to live, a human end to intolerable suffering under controlled conditions. It is carefully crafted to ensure that patient …

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Directors' Duty Of Care To Monitor Information Systems In Hmos: Some Lessons From The Oxford Health Plan, Mary E. O'Byrne Jan 1999

Directors' Duty Of Care To Monitor Information Systems In Hmos: Some Lessons From The Oxford Health Plan, Mary E. O'Byrne

Journal of Law and Health

Given this scale of investment, the centrality of information systems to the success of an HMO, the obligation of regulatory compliance, plus the attention now focused on the year 2000 "millenium bug" problem, information systems are clearly a major area of concern and oversight by corporate directors. This paper analyzes the role of information systems in HMOs and the nature of the HMO directors' duty of care in monitoring the integrity of the information systems to determine when directors may be held personally liable for losses suffered by the corporation when the systems collapse. Section I addresses in general the …

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Erisa Preemption: Will The Elimination Of The Erisa Preemption Clause Help Or Harm America's Ability To Deal With Its Pending Health Care Crisis, Damon Henderson Taylor Jan 1999

Erisa Preemption: Will The Elimination Of The Erisa Preemption Clause Help Or Harm America's Ability To Deal With Its Pending Health Care Crisis, Damon Henderson Taylor

Journal of Law and Health

This article explores the arguments surrounding the fate of the preemption clause and argues that Congress must work to preserve self-insured employers' accountability to its employees while concurrently retaining the services of self-insured employers in the health care business. Part II analyzes the federal government's relationship with the health care industry, concentrating selectively on four episodes of federal regulation which helped create the health care crisis that we encounter today - the Hill-Burton Act, the Congressional amendments to the Health Professions Educational Assistance Act, the advent of Medicare, and ERISA. Armed with this understanding, Congress's evaluation of health care issues, …

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Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang Jan 1999

Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang

Cleveland State Law Review

The decision to undergo gene therapy in utero for the sake of a fetus should legally rest with the pregnant woman rather than the judiciary or the legislature. Part I of this article provides an overview of the current scope of gene therapy. Part II discusses previous court decisions that either granted or denied petitions for involuntary prenatal intervention. Part III analyzes three reasons why the courts should not impose gene therapy on pregnant women as the technology becomes available. First, a policy that mandates gene therapy would place an undue burden on pregnant women and violate the Equal Protection …

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Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro Jan 1999

Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro

Cleveland State Law Review

This note examines the antitrust developments that affect the health care industry; the Health Care Quality Improvement Act of 1986; the treatment of peer review process immunity for physicians as it now exists; how non-physician providers are dealt with in the peer review process; and where physician assistants fit into the whole scheme. Part I of this note lays a foundation of antitrust principles, briefly explaining the applicable portions of the Sherman Act. Part I continues by setting forth the approaches, rule of reason versus per se rule, that courts utilize when dealing with antitrust situations. After explaining these governing …

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A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert Jan 1998

A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert

Journal of Law and Health

This note seeks to show how the current practice among medical practitioners in the United States, by treating pain retroactively after it begins, is inadequate. Administering narcotics to patients on an "as needed" basis unnecessarily prolongs pain and suffering. A more effective approach, which is advocated by the Agency for Health Care Policy & Research (AHCPR), is to treat pain preventatively rather than retroactively. The myth that pain medication is addictive, and that physicians should therefore prescribe as little pain medication as possible, is just that, a myth. Patients are suffering pain in today's hospitals and at home unnecessarily. Given …

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How Reliable Is Medical Malpractice Law? A Review Of "Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards" By Neil Vidmar, Jeffrey O'Connell, Christopher Pohl Jan 1998

How Reliable Is Medical Malpractice Law? A Review Of "Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards" By Neil Vidmar, Jeffrey O'Connell, Christopher Pohl

Journal of Law and Health

No abstract provided.

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The Role Of New Federalism And Public Health Law, James G. Hodge Jr. Jan 1998

The Role Of New Federalism And Public Health Law, James G. Hodge Jr.

Journal of Law and Health

To understand the impact of new federalism on the field of public health law, I explore the development of the interrelated concepts of federalism, state police powers, and public health over time. This article concentrates on the theoretical and legal meanings of these concepts in American jurisprudence. Part II further defines the concept of federalism and its relation to the field of public health law. Part III thoroughly examines the traditional nature of the states' police powers as sources of state authority for public health laws and the corresponding localization of public health goals. The rise of the federal role …

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International Response To Dolly: Will Scientific Freedom Get Sheared , Melissa K. Cantrell Jan 1998

International Response To Dolly: Will Scientific Freedom Get Sheared , Melissa K. Cantrell

Journal of Law and Health

This Comment will discuss the current threat to scientific freedom posed by absolute bans on human cloning. Parts II and III discuss the response of the United States and the international community to Dolly. Part IV discusses the legal position of scientific freedom in the U.S. and abroad. Finally, Part V will posit that a total ban on human cloning infringes on the freedom of scientific inquiry, and endangers the public by encouraging the establishment of black market cloning clinics.

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Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers Jan 1998

Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers

Journal of Law and Health

This Note will address the question of what are a child's rights when the child's views differ from his or her parents regarding the child's use or refusal of enhancement drugs such as Ritalin and Human Growth Hormone. This Note will begin with a description of Ritalin and Human Growth Hormone along with the uses and abuses of each drug. It will then discuss the evolution of children's rights dealing with situations such as civil commitment, abortion, and medical treatment over religious objection. Furthermore, it will draw comparisons from the case law in these situations to a child's right to …

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Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard Jan 1997

Accomodating Vulnerabilities To Environmental Tobacco Smoke: A Prism For Understanding The Ada, Wendy E. Parmet, Mark A. Gottlieb, Richard A. Daynard

Journal of Law and Health

This Article explores the use of the ADA to challenge smoking policies and the fears and questions that such a use raises. We argue that a careful appreciation of the ADA's application to ETS-related claims should temper the worries of both those who see such claims as trivializing the ADA and those who worry that such claims may impose enormous burdens on American businesses. Rather, we suggest that the ADA in this instance, as in others, provides a limited but critical vehicle for ensuring that individuals with disabilities may fully participate in public life. We suggest further that the issues …

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