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Health Law and Policy Commons

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Loyola University Chicago, School of Law

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Articles 1 - 30 of 727

Full-Text Articles in Health Law and Policy

Table Of Contents, Annals Of Health Law & Life Sciences Jan 2025

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Megan Baumgardner Jan 2025

Foreword, Megan Baumgardner

Annals of Health Law and Life Sciences

No abstract provided.


A Band-Aid Solution: The Need For A Better Treatment Plan For The Physician Burnout Crisis, Sarah Mangroo Jan 2025

A Band-Aid Solution: The Need For A Better Treatment Plan For The Physician Burnout Crisis, Sarah Mangroo

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law & Life Sciences Jan 2025

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Megan Baumgardner Jan 2025

Foreword, Megan Baumgardner

Annals of Health Law and Life Sciences

No abstract provided.


Imperfect Access: Structural Barriers And External Threats To Preventative Care, Richard Hughes Iv, Dorit R. Reiss Jan 2025

Imperfect Access: Structural Barriers And External Threats To Preventative Care, Richard Hughes Iv, Dorit R. Reiss

Annals of Health Law and Life Sciences

No abstract provided.


Dignity In Detention: Addressing Gynecological Healthcare Needs Of People Detained By U.S. Immigration Authorities, Glykeria Teji, Esq., Shira Wisotsky, Esq. Jan 2025

Dignity In Detention: Addressing Gynecological Healthcare Needs Of People Detained By U.S. Immigration Authorities, Glykeria Teji, Esq., Shira Wisotsky, Esq.

Annals of Health Law and Life Sciences

People who require gynecological and obstetric care and who are detained by U.S. federal immigration authorities face unique challenges. This article examines how the current legal and administrative landscape fails to hold those responsible for providing healthcare accountable, effectively blocking access to gynecological care, and, assuming no immediate abolition of immigrant detention facilities, how international human law principles can and should guide a reimagining of the system. We also propose interim steps that U.S. authorities can take to protect access to basic and needed gynecological care for the people that they detain. Beginning with an overview of immigration detention as …


Defending Olmstead: Strategies For Combatting Institutional Bias To Improve Access To Mental Health Services In The Least Restrictive Setting, Craig Ismaili, Esq., Adrienne Langlois, Esq., Bren Pramanik, Esq. Jan 2025

Defending Olmstead: Strategies For Combatting Institutional Bias To Improve Access To Mental Health Services In The Least Restrictive Setting, Craig Ismaili, Esq., Adrienne Langlois, Esq., Bren Pramanik, Esq.

Annals of Health Law and Life Sciences

No abstract provided.


Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Mason Pope, Jd, Phd Jan 2025

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Mason Pope, Jd, Phd

Annals of Health Law and Life Sciences

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …


Reducing Discrimination In Organ Transplant Candidacy Evaluation Against Persons Who Use Drugs, Hannah Rahim, Bhsc Jan 2025

Reducing Discrimination In Organ Transplant Candidacy Evaluation Against Persons Who Use Drugs, Hannah Rahim, Bhsc

Annals of Health Law and Life Sciences

Many organ transplant centers deny persons who use drugs eligibility for receiving a transplant because of concerns about the impact of drugs on transplant success. These policies are often not based on sufficient medical evidence and are highly variable between transplant centers. Restricting persons who use drugs from organ transplantation can exacerbate existing racial and geographic inequities in access to organ transplantation. This paper explores discrimination against persons who use drugs in organ transplantation. I examine when considering a patient’s drug use in organ transplant eligibility assessment is illegal and when it is immoral and I offer recommendations for statutory, …


The Right To 'Trip:' Navigating Psilocybin-Assisted Psychotherapy Under The Right To Try Pathway, Caitlyn S. Greenspun Jan 2025

The Right To 'Trip:' Navigating Psilocybin-Assisted Psychotherapy Under The Right To Try Pathway, Caitlyn S. Greenspun

Loyola University Chicago Law Journal

This Comment explores the legal, ethical, and regulatory challenges surrounding the use of psilocybin-assisted psychotherapy for terminally ill patients under the federal Right to Try (RTT) Act. While psychedelics like psilocybin are demonstrating extraordinary therapeutic potential, particularly in easing end-of-life psychological distress, patients remain barred from access due to the Controlled Substances Act (CSA) and the Drug Enforcement Administration's (DEA) narrow interpretation of its authority. Through a comprehensive analysis of legislative history, regulatory frameworks, and administrative law principles, this Comment argues that the DEA's position not only misinterprets the statutory relationship between the RTT Act and the CSA, but also …


Healthcare Ai's Unlearned Intermediaries, Charlotte A. Tschider Jan 2025

Healthcare Ai's Unlearned Intermediaries, Charlotte A. Tschider

Faculty Publications & Other Works

The U.S. Food & Drug Administration (“FDA”), as the largest and one of the most influential federal agencies, plays a significant role informing downstream tort actions, such as product liability claims against medical product manufacturers.  The contours of the relationship between regulatory behavior and tort law are allocated according to congressional act and through judicial interpretation of agency action.  While artificially intelligent medical devices are technically regulated by the FDA, FDA regulatory approaches may not meaningfully reduce the probability of patient injury.  When, despite inadequate ex ante processes, injured plaintiffs cannot recover in tort due to court perceptions of regulatory …


Healthcare Fraud And Abuse: Continued Lessons Learned From High Performing Healthcare Organizations, Julie L. Agris Jan 2024

Healthcare Fraud And Abuse: Continued Lessons Learned From High Performing Healthcare Organizations, Julie L. Agris

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Kathryn Van Sistine Jan 2024

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.


Telehealth Solutions For Black Maternal Health, Katherine "Yenny" Wu Jan 2024

Telehealth Solutions For Black Maternal Health, Katherine "Yenny" Wu

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2024

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Expanding The Scope Of Practice For Nurse Practitioners And Physician Assistants To Enhance Healthcare, Steve Waxman, James Dechene Jan 2024

Expanding The Scope Of Practice For Nurse Practitioners And Physician Assistants To Enhance Healthcare, Steve Waxman, James Dechene

Annals of Health Law and Life Sciences

No abstract provided.


Be Careful What You Wish For: An Overreliance On Telemedicine Could Harm Health Equity, Chinelo Diké-Minor Jan 2024

Be Careful What You Wish For: An Overreliance On Telemedicine Could Harm Health Equity, Chinelo Diké-Minor

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Kathryn Van Sistine Jan 2024

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.


Fraud And Abuse Law: Missed Opportunities To Enhance Health Equity, Joan H. Krause Jan 2024

Fraud And Abuse Law: Missed Opportunities To Enhance Health Equity, Joan H. Krause

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2024

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Protecting Medicaid Providers And Enrollees From Payment Suspensions Based On "Credible Allegations Of Fraud:" A Lesson From New Mexico, Shawn Mathis Jan 2024

Protecting Medicaid Providers And Enrollees From Payment Suspensions Based On "Credible Allegations Of Fraud:" A Lesson From New Mexico, Shawn Mathis

Annals of Health Law and Life Sciences

No abstract provided.


Upstream Lawyering: A Framework For Poverty Law, Kate Mitchell Jan 2024

Upstream Lawyering: A Framework For Poverty Law, Kate Mitchell

Faculty Publications & Other Works

This Article introduces an upstream lawyering framework within the context of the history of poverty law and impact lawyering. While there have been several theories promoting systems change work, the upstream framework, stemming from public health theories and championed by medical-legal partnerships, offers a model for promoting and informing systemic policy. Using the public health concept of upstreaming, this Article explores lawyering practices that can be utilized to address the root causes of social and legal drivers of health inequity, poverty, and oppression. Part I of this Article provides a refreshed overview of the history of poverty law and civil …


The Future Of Health Care Conscience Law Post-Dobbs, Nadia N. Sawicki Jan 2024

The Future Of Health Care Conscience Law Post-Dobbs, Nadia N. Sawicki

Faculty Publications & Other Works

The Supreme Court's rejection of a constitutional right to choose abortion in Dobbs v. Jackson Women's Health Organization has prompted legislatures to make significant changes to state laws. Some states have criminalized abortion in most circumstances, while others have granted patients and health care providers broader rights to choose and access abortion. Another, perhaps less-recognized, avenue for legislative change is by amending existing state conscience laws. This Article describes the avenues state legislatures might take in using conscience laws to impact abortion access in accordance with the state's policy preferences.


Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho Jan 2024

Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho

Faculty Publications & Other Works

This Artie!£ argues that effective national security mandates protection against the spread of infectious diseases, which requires addressing intellectual property (IP) and technology obstacles. Without modification, IP laws can bar the manufacture of needed treatments by anyone besides the IP owner and its licensees. Although there was some recognition during the COVID-19 pandemic that existing IP laws should be modified, there was strong resistance not only by IP-owning companies, but also by individual countries that impeded the ability to manufac­ture needed vaccines during the height of the pandemic. Many global leaders have recognized that future pandemics are inevitabw and that …


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2023

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Methadone's Regulatory Thicket, Bridget C.E. Dooling, Laura E. Stanley Jan 2023

Methadone's Regulatory Thicket, Bridget C.E. Dooling, Laura E. Stanley

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Micaela Enger Jan 2023

Foreword, Micaela Enger

Annals of Health Law and Life Sciences

No abstract provided.


There's A Pill For That: The Supreme Court's Misguided Jurisprudence On Commercial Speech Under The First Amendment And Its Implications On Direct-To-Consumer Advertising Of Prescription Drugs, Benjamin Smith Jan 2023

There's A Pill For That: The Supreme Court's Misguided Jurisprudence On Commercial Speech Under The First Amendment And Its Implications On Direct-To-Consumer Advertising Of Prescription Drugs, Benjamin Smith

Annals of Health Law and Life Sciences

No abstract provided.


Serving Two Masters: Conflicts Between Physician Employment Contracts And The Physician's Duty Of Care, Steven L. Hendler, M.D. Jan 2023

Serving Two Masters: Conflicts Between Physician Employment Contracts And The Physician's Duty Of Care, Steven L. Hendler, M.D.

Annals of Health Law and Life Sciences

No abstract provided.