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Articles 121 - 137 of 137
Full-Text Articles in Health Law and Policy
Sex Discrimination And Insurance For Contraception, Sylvia A. Law
Sex Discrimination And Insurance For Contraception, Sylvia A. Law
Washington Law Review
Unintended pregnancy is a serious problem in the United States. Most private insurance plans do not pay for contraception even though they pay for other prescription drugs and devices. This Article argues that this pattern constitutes sex discrimination and is prohibited by Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. It discusses the reasons this issue has been neglected and suggests ways federal and state officials might remedy this common form of gender discrimination.
Preventing Insider Misappropriation Of Not-For-Profit Health Care Provider Assets: A Federal Tax Law Prescription, John F. Coverdale
Preventing Insider Misappropriation Of Not-For-Profit Health Care Provider Assets: A Federal Tax Law Prescription, John F. Coverdale
Washington Law Review
Not-for-profit health care providers are converting to for-profit status on an unprecedented scale. Directors and officers have too frequently taken advantage of the conversions to misappropriate the organizations' assets. Common law remedies have proven inadequate, and many states have no specific statutory remedies. The state statutory remedies that have been enacted range from fairly comprehensive to quite inadequate. Not-for-profit health providers are generally also subject to the federal tax rules governing tax-exempt organizations. Until recently, however, the only sanction available to the Internal Revenue Service (IRS) was to revoke the organization's tax-exempt status. The IRS rarely invoked this remedy both …
Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii
Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii
Washington International Law Journal
With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …
The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe
The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe
Washington International Law Journal
As early as 1983, Japan's Health and Welfare Ministry had reason to know that the use of unheated blood products by hemophiliacs was infecting them with HIV, the AIDS virus. Although heated-and safe-blood products were already available from the United States, government approval in Japan was deliberately delayed for almost three years while local pharmaceutical companies developed the products. By the time the unheated blood products were all withdrawn from the market, many of Japan's hemophiliacs had contracted HIV. A number of them, or their survivors, sued the government and the pharmaceutical companies. At the end of the consolidated trials, …
Emergency Care And Managed Care—A Dangerous Combination, Diane E. Hoffman
Emergency Care And Managed Care—A Dangerous Combination, Diane E. Hoffman
Washington Law Review
Managed care plan subscribers in need of emergency medical treatment often face unduly restrictive plan practices. These practices may result in life-threatening injury or significant financial obligations on the part of plan subscribers. They are the result of a managed health care system that is inadequately regulated and overly concerned with cost control. Economic incentives lead plans to deny approval for emergency medical treatment or to deny retroactively coverage for such treatment. Emergency medical providers also are harmed by these practices, often forced to treat patients under federal law but denied payment for their services. This Article describes this problem …
The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson
The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson
Washington International Law Journal
This paper reviews social and legal issues in the current euthanasia debate. Focusing on Australia and the United States, the author argues that the legalization of physician-assisted suicide ("PAS") and/or active voluntary euthanasia ("AVE") is inevitable within the short to medium term, given recent developments which have undermined the sanctity of life ethic. Legal factors supporting this assessment include the changing definition of death, the growth of a legallyrecognized right to self-determination extending to the withdrawal of life-support, and the recognition by some courts that life support may be withdrawn without consent because life is considered to be futile. The …
When Antitrust Fails: Public Health, Public Hospitals, And Public Values, Michael S. Jacobs
When Antitrust Fails: Public Health, Public Hospitals, And Public Values, Michael S. Jacobs
Washington Law Review
In the past few years, large operating deficits have led governmental authorities in several major cities to close, sell, or substantially reduce the services of their public hospitals.' These decisions portend the arrival of what the New York Times has called a "looming crisis" in health care for the urban poor and uninsured. Should this crisis unfold, many public health programs are likely to be casualties, including those designed to treat and prevent the spread of communicable disease. Among others, programs aimed at the so-called "new" (multidrug resistant) tuberculosis are especially vulnerable to these compelling budgetary constraints. Poor urban populations …
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Washington Law Review
Current U.S. immigration law provides for the exclusion of all aliens who are "determined ... to have a communicable disease of public health significance. In addition to numerous sexually transmitted diseases such as infectious syphilis and gonorrhea, "communicable diseases of public health significance" include infectious tuberculosis and human immunodeficiency virus (HIV). The first portion of this Article provides a brief overview of the history and epidemiology of tuberculosis, as well as the diagnosis and management of the disease. The Article next reviews current information on tuberculosis in immigrant populations and proceeds to a discussion of U.S. immigration processes relating to …
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Washington Law Review
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon
Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon
Washington Law Review
This Article examines the tension between protecting public health in light of personal liberty interests in the context of these :recent reforms. Legislative reform was initiated based on changes in the nature of TB itself. Part II of the Article briefly examines the nature of TB and its new, multidrug resistant strains as well as its local and global incidence. The transmissibility of TB from a clinical (medical) perspective is discussed because the modes of transmission are critical to determining the nature of the public health risk. The clinical relationship between TB and the human immunodeficiency virus (HIV) is noted, …
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Articles
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
The White Plague Returns: Law And The New Tuberculosis, Kollin K. Min
The White Plague Returns: Law And The New Tuberculosis, Kollin K. Min
Washington Law Review
Tuberculosis (TB) rates in the United States have increased dramatically over the past decade. The most disturbing aspect of the disease's resurgence is the rising prevalence of multidrug-resistant tuberculosis (MDR-TB), which is frequently fatal and is far more difficult to treat than conventional TB. To combat the spread of the disease, state legislatures throughout the country are rewriting outdated tuberculosis control laws. Many public health officials have suggested that in order to control MDR-TB effectively, modem TB statutes must grant the state the ability to detain even non-infectious patients who may develop MDR-TB in the future. This Comment examines the …
Regulating Physician Investment And Referral Behavior In The Competitive Health Care Marketplace Of The '90s—An Argument For Decentralization, Kimberly A. King
Regulating Physician Investment And Referral Behavior In The Competitive Health Care Marketplace Of The '90s—An Argument For Decentralization, Kimberly A. King
Washington Law Review
Congress regulates the investment and referral practices of physicians through the federal Anti-Fraud and Abuse statute. The Anti-Fraud and Abuse statute, however, limits the ability of physicians to adapt their investment and referral practices to an increasingly competitive health care industry. In order to restrict fraudulent practices without restricting competition, the authority to regulate physician investment and referral practices should be returned to the states, who can recognize and exempt beneficial competitive practices from the reach of the applicable state statutes.
Reexamining The Physician's Duty Of Care In Response To Medicare's Prospective Payment System, Andrea Jean Lairson
Reexamining The Physician's Duty Of Care In Response To Medicare's Prospective Payment System, Andrea Jean Lairson
Washington Law Review
In Wickline, the California Court of Appeals indicated that the physician's standard of care is unchanged by pressures from cost containment programs. While recognizing the desirability of controlling health care costs, this Comment argues that physicians who care for Medicare patients should not be held to a lower standard of care than those who care for patients not covered by Medicare. Indeed, physicians should be required to take reasonable steps to ensure that their patients will not be harmed by financially-motivated treatment decisions.
Patient Access To Medical Records In Washington, James M. Madden
Patient Access To Medical Records In Washington, James M. Madden
Washington Law Review
Patients have traditionally had no right of access to their own medical records. Patients' access to their mental health records has been especially restricted. Recently, however, a number of jurisdictions have enacted legislation granting patients access to their medical and mental health records. In addition to this legislative trend, the Washington Supreme Court recently interpreted the state's Public Disclosure Act as creating a right of patient access to public hospital records. Part I of this Comment evaluates the desirability of allowing patients a general right of access to their medical and mental health records. While this Comment finds that there …
The Abortion Bias, Jennifer James
The Abortion Bias, Jennifer James
Washington Law Review
A book review essay considering Abortion: Law, Choice and Morality, by Daniel Callahan (1970).
Medical Profession—Anti-Kickback Statute: Licensed Medical Practitioners May Not Receive Financial Benefits From Referral Of Patients Or Sale Of Medical Supplies To Patients.—Day V. Inland Empire Optical, Inc., 76 Wash. Dec. 2d 566, 456 P.2d 1011 (1969); Rcw Ch. 19.68 (1969), Anon
Washington Law Review
The five defendant ophthalmologists and defendant Inland Empire Optical, Inc., whose stock was wholly owned by these doctors, occupied the same building. Inside the waiting rooms of the doctors' offices were three strategically placed signs which informed patients of the presence of the optical shop on the floor below. Plaintiff doctors and a corporate optical firm brought suit to enjoin this cooperative practice, alleging a violation of Washington's anti-kickback statute. Upon defendants' appeal from a superior court decree granting the injunction, the Washington Supreme Court affirmed as modified. Held: Ophthalmologists are entitled to own stock in a dispensing optical company, …