Health Law and Policy Commons^™

Race Based Medicine, Color Blind Disease: How Racial Preferences In Violation Of The 14th Amendment Are Killing Us All, Ruqaiijah Yearby

All Faculty Scholarship

Disease is color blind, but medicine is not. For example, sickle cell disease is often discussed in terms of a Black disease; however, people of all different races suffer from sickle cell. Moreover, sickle cell is found in a number of places that have little to no Blacks, such as Afghanistan, Bangladesh, Burma, and Honduras. Nevertheless, health care providers often provide people of different races different levels of care justifying their disparate treatment based on scientific claims. However, not only are these scientific claims baseless, but also the explicit use of race to determine what medical treatment is provided patients …

The Health Exception, Monica E. Eppinger

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The abortion doctrine laid out in Roe v. Wade permits a procedure necessary to preserve the life or the health of the pregnant woman, setting out what has come to be called the “life exception” and the “health exception.” This Article investigates the background and antecedents of the health exception, identifying three periods of formation and change up to the drafting of the Model Penal Code in 1959. It argues that theories of health lie at the heart of legal doctrine, shaping common-law treatment of abortion and persisting in nineteenth- and twentieth-century statutes. This account reveals origins of a health …

Substantial Confusion About "Substantial Burdens", Chad Flanders

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As the Supreme Court rev1s1ts the clash between religious belief and the Affordable Care Act (ACA) in the Zubik¹ case, it is worth mulling over a key phrase in the law that governs that clash: '·substantial burden." According to the Religious Freedom Restoration Act (RFRA), the government must-provided it does not meet certain other conditions, such as showing a compelling interest-make an accommodation if it places a ''substantial burden'' on a person's religious exercise.² If the question in the Hobby Lobby case was whether a for-profit corporation could be a ''person" that ''exercised religion,"³ the question the …

Involuntary Consent: Conditioning Access To Health Care On Participation In Clinical Trials, Ruqaiijah A. Yearby

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Although the controversy over the lack of consent in fetal-tissue clinical trials is relatively new, history is replete with instances of medical researchers who have conducted clinical trials with minorities and the economically disadvantaged without their consent.1 Traditionally, American bioethics has served as a safety net for the rich and powerful (for they are not forced to act as research subjects to obtain access to health care for themselves or their children) while failing to protect the vulnerable, which includes minorities and the economically disadvantaged. Without access to health care, minorities and the economically disadvantaged are unduly influenced to participate …

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Saint Louis University Journal of Health Law & Policy

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Saint Louis University Journal of Health Law & Policy

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Introducing New Users To An Old Poison: The Tobacco Industry’S Efforts To Thwart The Fda’S Regulation Of E-Cigarettes, Jennifer S. Bard

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke

Saint Louis University Journal of Health Law & Policy

Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …

Thirty-Eight Years And Counting: The Fda’S Misuse Of The 510(K) Notification Process And Consequent Under-Regulation Of Implantable Medical Devices, Mayo B. Alao

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Hitech Act: Building An Infrastructure For Health Information Organizations And A New Health Care Delivery System, Kalle Deyette

Saint Louis University Journal of Health Law & Policy

No abstract provided.

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Saint Louis University Journal of Health Law & Policy

No abstract provided.

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Saint Louis University Journal of Health Law & Policy

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The Difficulty Accommodating Health Care Workers, Nicole Buonocore Porter

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Job Functions, Standards, And Accommodations Under The Ada: Recent Eeoc Decisions, E. Pierce Blue

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark C. Weber

Saint Louis University Journal of Health Law & Policy

This essay discusses recent developments concerning numerical goals for employing workers with disabilities by federal agencies and federal contractors. On May 15, 2014, the Equal Employment Opportunity Commission issued an Advance Notice of Proposed Rulemaking asking for comments about, among other things, placing on federal agencies numerical employment goals for individuals with disabilities. On September 24, 2013, the Office of Federal Contract Compliance Programs adopted a Final Rule that imposed on federal contractors a numerical utilization goal for employees with disabilities, a regulation that the Circuit Court of Appeals for the District of Columbia upheld against challenge in 2014. A …

The Health Care Workforce: How To Understand Accommodations, Leslie Francis, Anita Silvers

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Disability Cultural Competence In The Medical Profession, Mary Crossley

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Transforming The Physician’S Standard Of Care In The Context Of Whole Genome Sequencing Technologies: Finding Guidance In Best Practice Standards, Matthew Joseph Westbrook

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Paying Docs For End-Of-Life Discussions: Can Monetary Incentives Change The Failures Inherent With Physician-Patient Communication?, Alexandra Dansicker

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter

All Faculty Scholarship

The CDC’s Interim Guidance for Monitoring and Movements of Persons with Potential Ebola Virus Exposure is deeply flawed because it disregards the science of Ebola transmission. It recommends that officials quarantine individuals exposed to the virus but who do not have any symptoms of illness, ignoring the fact that only those with Ebola symptoms can communicate the virus to others. Consequently, any quarantine order based on the Guidelines is surely unconstitutional and illegal under most states’ public health statutes — as exemplified by the State of Maine’s failed petition to quarantine Nurse Kaci Hickox in October 2014. This article examines …

What Patients With Disabilities Teach Us About The Everyday Ethics Of Health Care, Elizabeth Pendo

All Faculty Scholarship

In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What PatientsTeach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at theeveryday experience of health care and the relationships that shape it. This article expands upon that inquiry by exploring the experiences and challenges of patients with disabilities and by exploring what patients withdisabilities can teach us about the everyday ethics of health care.

The authors of What Patients Teach provide a framework in which to focus on the everyday experience ofhealth care from the perspective of patients. This …

Sick And Tired Of Being Sick And Tired: Putting An End To Separate And Unequal Health Care In The United States 50 Years After The Civil Rights Act Of 1964, Ruqaiijah A. Yearby

All Faculty Scholarship

Since the end of the Civil War in 1865, the U.S. health care system has been structured to be racially separate and unequal. Ninety-nine years later, the enactment of Title VI of the Civil Rights Act of 1964 (Title VI) was supposed to put an end to this racially separate and unequal health care system by mandating equal access to health care for all races. However, fifty years later, African Americans continue to receive separate and unequal treatment compared to Caucasians, in hospitals, nursing homes, and physician offices. As a result, racial disparities in health status and access to health …

Out Of The Black Box And Into The Light: Using Section 1115 Medicaid Waivers To Implement The Affordable Care Act's Medicaid Expansion, Sidney D. Watson

All Faculty Scholarship

What price Medicaid expansion? The Supreme Court's decision in National Federation of Independent Business (NFIB) v. Sebelius,' sparked intense debate about how the Secretary of Health & Human Services (HHS) would respond to pressure from recalcitrant states. Policy experts and Sunday-moming pundits predicted that Red States would demand Section 1115 waivers of federal Medicaid rules as the quid pro quo for implementing the Affordable Care Act's (ACA) Medicaid expansion that covers adults with incomes up to 133% of the federal poverty level (FPL). They prophesized that the Obama Administration, desperate to move implementation forward, would have little leverage in its …

The Injustice Of Inclusion And Fair Opportunity: Exploiting Children In Medical Research For The Benefit Of An Unworthy Society, Ruqaiijah Yearby

All Faculty Scholarship

The history of pediatric medical research has been characterized as a history of child abuse. Usually, the debate regarding the use of children in medical research has centered on questions of Autonomy (informed consent) and Beneficence (the best interest of the child based on a benefit risk analysis). The debate has rarely focused on the question of which children should participate in medical research by discussing the legal principle of Justice (prohibits use of vulnerable populations for medical research who are already overly burdened for medical research unrelated to health issues affecting them and requires that populations who participate in …

Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin

Saint Louis University Journal of Health Law & Policy

No abstract provided.

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Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii

Saint Louis University Journal of Health Law & Policy

Holistic Medicine traces its provenance to the foundational value or chrism of the Society of Jesus of cura personalis which directs respect be given to all individuals and to their souls — especially whenever medical healing is required. Today, the notion of best patient care should include not merely attention to somatic issues of refractory pain management but, equally, to non-somatic or existential suffering. It is at the end-stage of life that palliative — as opposed to curative — care must be provided. When a condition is seen as medically futile, this Article advocates palliative or deep sedation — when …