Health Law and Policy Commons^™

Embryonic Genetics, Judith F. Daar

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Disability And The Duties Of Potential Parents, Janet Malek

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Accommodating Families: Using The Americans With Disabilities Act To Keep Families Together, Susan Stefan

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Has Erisa Closed Our Laboratories? Options For State Health Reform, Terrence Burek

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Will Everyone Get Their Best Medicine? Implications For Off-Label Use Of Pharmaceuticals In An American Universal Healthcare Regime, Kathryn Young

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Review Of Jonathan Baron, Against Bioethics, Chad Flanders

All Faculty Scholarship

This is a short review of a recent book by Jonathan Baron, entitled "Against Bioethics."

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Will Medicare Wither On The Vine? How Congress Has Advantaged Medicare Advantage—And What’S A Level Playing Field Anyway?, Robert A. Berenson, Melissa A. Goldstein

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Medicare After The Medicare Modernization Act, Senator David Durenberger

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The New Infrastructure Of Medicare, Thomas L. Greaney

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Impact Of The Medicare Modernization Act’S Contractor Reform On Fee-For-Service Medicare, Susan Bartlett Foote

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Cooperative Federalism And Healthcare Reform: The Medicare Part D ”Clawback” Example, Elizabeth A. Weeks

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Ubiquitous False Claims Act: The Incongruous Relationship Between A Civil War Era Fraud Statute And The Modern Administrative State, Malcolm J. Harkins Iii

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Medicare Advantage Special Needs Plans For “Institutionalized Individuals”: What Advantage To Enrollment?, Alissa Eden Halperin, Patricia Nemore, Vicki Gottlich, Toby Edelman

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Beyond Drug Coverage: The Cumulative Effect Of Privatization Reforms In The Medicare Modernization Act, Robert I. Field, Richard G. Stefanacci

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Striving For Equality, But Settling For The Status Quo In Health Care: Is Title Vi More Illusory Than Real?, Ruqaiijah A. Yearby

All Faculty Scholarship

Prior to 1964, racial segregation and discrimination in health care was government funded under the Hospital Survey and Construction Act, better known as the Hill-Burton Act. Specifically, section 622(f) of the Hill- Burton Act proscribed federal funding for “separate but equal” health care services. The United States tried to put an end to racial discrimination in the health care system by intervening in a private action that challenged the constitutionality of the Hill-Burton Act and with the enactment of Title VI of the Civil Rights Act of 1964, which banned racial discrimination in health care for institutions receiving federal funding. …

Polluting Medical Judgment? False Assumptions In The Pursuit Of False Claims Regarding Off-Label Prescribing, Sandra H. Johnson

All Faculty Scholarship

Over half of the FDA-approved prescription medications taken by patients are prescribed for a different purpose, in a higher or lower dose, for a discrete population, or over a longer period of time than that for which the drug was approved. Safety and efficacy concerns attract the most attention; but critical benefits in fostering innovation and providing patients with medications that may be uniquely effective for them are often overlooked.

The current dominant public policy response to off-label prescribing addresses this practice as a particular breed of financial conflicts of interest in which pharmaceutical firms pollute medical judgment by appealing …

The Road From Massachusetts To Missouri: What Will It Take For Other States To Replicate Massachusetts Health Reform?, Sidney D. Watson, Timothy Mcbride, Heather Bednarek, Muhammad Islam

All Faculty Scholarship

In April 2006, the Massachusetts Legislature passed Chapter 58 of the Acts of 2006, An Act Providing Access to Affordable, Quality, Accountable Health Care, sweeping health reform legislation designed to achieve nearly universal health insurance coverage.¹ While Massachusetts is not the first state in recent years to enact legislation intended to achieve near-universal coverage, its efforts have attracted the most national attention and the most notice from other states interested in duplicating the Massachusetts Model.

Fortuitous political and budgetary circumstances converged in Massachusetts to move reform forward. First, stakeholders and elected officials worked together over a number of years …

Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby

All Faculty Scholarship

A plethora of empirical studies, such as the Institute of Medicine’s Unequal Treatment report, have shown that racial inequities in health care continue at the same level as in the Jim Crow Era. Innumerable reasons have been offered to explain the continuation of these health inequities, including racial discrimination. Congress enacted Title VI of the Civil Rights Act of 1964 to put an end to racial discrimination in health care, but it still persists. Given the regulation and enforcement mechanisms established under Title VI explicitly aimed at remedying racial discrimination such as that directed at elderly African-Americans it is unbelievable …

Thirty Years Of Solicitude: Antitrust Law And Physician Cartels, Thomas L. Greaney

All Faculty Scholarship

Over the last thirty years the Federal Trade Commission and the Department of Justice have challenged dozens of physician cartels, networks, and other arrangements that they alleged constituted price fixing or other restraints of trade under the antitrust laws. In addition, the antitrust agencies have issued numerous advisory opinions, published detailed statements of enforcement policy, and made dozens of public statements on the issue of physician collaboration. The puzzle explored in this essay is why the government's deployment of unparalleled enforcement resources has not curtailed physician attempts to engage in collective bargaining and other attempts to restrain price competition. It …

Book Review: Reviewing Susan Starr Sered And Rushike Fernandopulle, Uninsured In America (2007), Elizabeth Pendo

All Faculty Scholarship

Book Review of Susan Starr Sered and Rushike Fernandopulle, Uninsured in America (2007).

The Health Care Choice Act: The Individual Insurance Market And The Politics Of 'Choice', Elizabeth Pendo

All Faculty Scholarship

Traditionally, employer-sponsored group insurance plans have been the backbone of health insurance coverage in the United States. While it is still true that most Americans get their health insurance through their employment, the erosion of employer-sponsored health insurance has increased the ranks of the uninsured and pushed more workers, retirees and their families into the individual insurance market. In 2005, for example, nine percent of the population, or nearly 27 million people, turned to individual policies for health insurance coverage.

The Health Care Choice Act of 2005 (the "Act") currently before Congress aims to reform perceived problems in the individual …

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah A. Yearby

All Faculty Scholarship

No one ever looks forward to entering a nursing home because it means leaving the things most dear to them: family, home, and independence. Nevertheless, without the current nursing home system, many elderly and disabled persons, who require comprehensive treatment, would not have access to necessary care. In 2000, nursing homes provided care to 1.6 million elderly and disabled persons, and *724 by 2050, nursing homes are projected to provide care to 6.6 million elderly and disabled persons. Thus, we can ill afford to cripple the nursing home industry. But, this is exactly what has occurred. The Constitution, the Administrative …

Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney

All Faculty Scholarship

Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context …

The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter

All Faculty Scholarship

The role of hospitals in managing the informed consent process for hospital-based treatments has expanded substantially over the last several decades. Most recently, many hospitals have installed multi-media platforms designed to provide a patient with basic information about a recommended procedure, including its associated risks, and to record the patient’s consent to or rejection of the procedure. Yet, despite the substantial control that hospitals exercise over the informed consent process, state courts routinely dismiss informed consent claims brought against hospitals, holding that only physicians have the training and expertise to satisfy informed consent obligations and therefore that only physicians may …

Conflicts Of Interest In International Human Drug Research And The Insufficiency Of International Protections, Robert Gatter

All Faculty Scholarship

The problem of financial conflicts of interest in human subjects research is international in scope as drug manufacturers conduct trials in countries outside of the U.S., Japan, and the European Union, thereby side-stepping domestic regulation of conflicts of interest. Because such out-sourcing of human drug trials results in exporting risks associated with financial conflicts of interest, this essay examines the primary international sources for regulating those conflicts. These sources include the World Health Organization’s Guidelines for Good Clinical Practice for Trials on Pharmaceutical Products, the Guidelines for Good Clinical Practice adopted by the International Conference on Harmonisation of Technical Requirements …

Equity Measures And Systems Reform As Tools For Reducing Racial And Ethnic Disparities In Health Care, Sidney D. Watson

All Faculty Scholarship

Many health care quality regulators, including officials of the Centers for Medicare and Medicaid Services and other agencies, have embraced systems reform—largely through mandates that require health care providers to implement Quality Assessment and Performance Improvement (QAPI) initiatives. Currently, however, no QAPI requirements stipulate that individual plans or providers measure racial and ethnic disparities. Performance measurements that do not track data by race and ethnicity, the author says, not only miss inequities but are likely to overlook promising techniques for reaching patients of particular racial and ethnic backgrounds. Incorporating equity measures into existing QAPI requirements, the report finds, would not …

Is It Too Late For Title Vi Enforcement? - Seeking Redemption Of The Unequal United States' Long Term Care System Through International Means, Ruqaiijah A. Yearby

All Faculty Scholarship

Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with the hope of equality. This tragedy is a result of three hundred years of slavery, one hundred years of the limited freedom of segregation, three years of the promise of equality granted from the civil rights struggle, and thirty-seven years of resegregation through white flight and institutional racism. Hence, African-Americans have been fighting for the right to freedom, equality, and human dignity for …