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Articles 241 - 270 of 531
Full-Text Articles in Health Law and Policy
Recovery Audit Contractor Reviews: Knowing What You Are Up Against Is Half The Battle, Amee Patel
Recovery Audit Contractor Reviews: Knowing What You Are Up Against Is Half The Battle, Amee Patel
Annals of Health Law and Life Sciences
No abstract provided.
The Stark Reality: Is The Federal Physician Self-Referral Law Bad For The Health Care Industry, Paula Tironi
The Stark Reality: Is The Federal Physician Self-Referral Law Bad For The Health Care Industry, Paula Tironi
Annals of Health Law and Life Sciences
No abstract provided.
The Impact Of Federal Regulations On Health Care Operations, Piya M. Gasper
The Impact Of Federal Regulations On Health Care Operations, Piya M. Gasper
Annals of Health Law and Life Sciences
No abstract provided.
Free As In Freedom: Open Source Software's Role In Remaking Healthcare In The Twenty-First Century, Jonathan Loiterman
Free As In Freedom: Open Source Software's Role In Remaking Healthcare In The Twenty-First Century, Jonathan Loiterman
Annals of Health Law and Life Sciences
No abstract provided.
Hospital-Physician Partnerships: The Drivers, The Obstacles And The Benefits, Elissa Koch Moore
Hospital-Physician Partnerships: The Drivers, The Obstacles And The Benefits, Elissa Koch Moore
Annals of Health Law and Life Sciences
No abstract provided.
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
Annals of Health Law and Life Sciences
This article demonstrates that in recent years, patent settlements between branded and generic manufacturers involving "reverse payments" from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. The authors note that such settlements will be a focus of the Obama Administration's antitrust enforcement policy, yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this article, the authors present an analytical framework for evaluating the competitive effects of patent settlements, including those …
Foreword, Kendell L. Coker, Lawrence Singer, John Blum
Foreword, Kendell L. Coker, Lawrence Singer, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Post-Mortem Pregnancy: A Proposed Methodology For The Resolution Of Conflicts Over Whether A Brain Dead Pregnant Woman Should Be Maintained On Life-Sustaining Treatment, Alexis Gregorian
Annals of Health Law and Life Sciences
In this article, the author examines conflicts over whether to maintain a brain dead pregnant woman on life-sustaining treatment. The author cautions that on the rare occasions when courts are confronted with such a conflict, they should employ a consistent methodology for resolution of the conflict and attempt to honor the wishes of the post-mortem mother and her family. The author draws on relevant areas of law to demonstrate the existence of a legal fiction that protects the interests of post-mortem pregnant women in refusing medical treatment. This article then proceeds to propose a methodology that enables courts to account …
Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale
Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale
Annals of Health Law and Life Sciences
This article evaluates the legitimacy and degree of inevitability of unequal access to medicine. The author introduces 'fractal inequality' to the access issue by using the term to describe skewed patterns in distributions of income and wealth that lead to reallocative effects of higher spending on health care by the wealthiest that can cascade down the distributive ladder. 'Fractal inequality' is transposed to the U.S. health care sector to explain the trend away from medical need toward ability to pay. The author cautions U.S. policymakers to consider international access problems instead of exacerbating those issues when domestic access to care …
Pharmaceutical Pricing: A Review Of Proposals To Improve Access And Affordability Of Prescription Drugs, Paula Tironi
Pharmaceutical Pricing: A Review Of Proposals To Improve Access And Affordability Of Prescription Drugs, Paula Tironi
Annals of Health Law and Life Sciences
This article discusses how pharmaceutical innovation achieves remarkable improvements in human health but a significant portion of the U.S. population cannot afford prescription drugs. The author examines ways that patent protection, generics, supply chain complexity, and the cost of innovation and promotion affect access and affordability. The author then looks at the influences of marketing strategies and industry trends such as the patent cliff and pipeline for new drugs, innovations in biotechnology and genomics, comparative effectiveness analysis, and payor and employer strategies on drug prices. An analysis of reform proposals in the context of industry trends suggests that promoting generic …
A Call For Minds: The Unknown Extent Of Societal Influence On The Legal Rights Of Involuntarily And Voluntarily Committed Mental Health Patients, Teresa Cannistraro
A Call For Minds: The Unknown Extent Of Societal Influence On The Legal Rights Of Involuntarily And Voluntarily Committed Mental Health Patients, Teresa Cannistraro
Annals of Health Law and Life Sciences
This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the …
Government-Sponsored Reinsurance, Mark A. Hall
Government-Sponsored Reinsurance, Mark A. Hall
Annals of Health Law and Life Sciences
Many measures to reform health insurance markets include various types of government-sponsored reinsurance. This article explains the purposes and types of private and public reinsurance, and reviews available evidence about their performance. The author concludes that government-sponsored reinsurance inherently cannot reduce total costs, but it can shift costs from the private to the public sector. Also, reinsurance can help transition to a new government program or market structure that creates uncertain risks. Whether reinsurance is the best way to accomplish these goals depends greatly on the details.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Kendell L. Coker, Lawrence Singer, John Blum
Foreword, Kendell L. Coker, Lawrence Singer, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Rationing Health Care: It's A Matter Of The Health Care System's Structure, David Orentlicher
Rationing Health Care: It's A Matter Of The Health Care System's Structure, David Orentlicher
Annals of Health Law and Life Sciences
The article examines two primary policy proposals for how the U.S. should allocate its limited health care dollars: a centralized model in which a commission establishes rationing guidelines, and a decentralized model in which rationing decisions are made by health care providers on a case by case basis. The author finds significant advantages with each position, leading the author to assert that a combination of each is key to an effective rationing policy: a centralized control of structure coupled with decentralized physician-level decision making. While mindful that formal rationing guidelines alone are unfeasible to effectuate cost-effective care, the author introduces …
Retail Medical Clinics: Increasing Access To Low Cost Medical Care Amongst A Developing Legal Environment, Kristin E. Schleiter
Retail Medical Clinics: Increasing Access To Low Cost Medical Care Amongst A Developing Legal Environment, Kristin E. Schleiter
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Beazley Institute For Health Law And Policy
Foreword, Beazley Institute For Health Law And Policy
Annals of Health Law and Life Sciences
No abstract provided.
Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan
Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan
Annals of Health Law and Life Sciences
No abstract provided.
Genetic Testing, Physicians And The Law: Will The Tortoise Ever Catch Up With The Hare, Lee Black, Jaques Simard, Bartha Maria Knoppers
Genetic Testing, Physicians And The Law: Will The Tortoise Ever Catch Up With The Hare, Lee Black, Jaques Simard, Bartha Maria Knoppers
Annals of Health Law and Life Sciences
No abstract provided.
Emergence And Re-Emergence Of H1n1 Influenza: Uncanny Parallels Between The Administrations Of U.S. Presidents Woodrow Wilson And Barack Obama, Sandra Anderson-Guerra Sosa, Adriane Johnson
Emergence And Re-Emergence Of H1n1 Influenza: Uncanny Parallels Between The Administrations Of U.S. Presidents Woodrow Wilson And Barack Obama, Sandra Anderson-Guerra Sosa, Adriane Johnson
Annals of Health Law and Life Sciences
No abstract provided.
Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning, John D. Blum
Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning, John D. Blum
Annals of Health Law and Life Sciences
No abstract provided.
Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, And Regulatory Imbalance, Richard S. Saver
Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, And Regulatory Imbalance, Richard S. Saver
Annals of Health Law and Life Sciences
No abstract provided.
Fee-For-Disservice: Medicare Fraud In The Home Healthcare Industry, Brooke Benzio
Fee-For-Disservice: Medicare Fraud In The Home Healthcare Industry, Brooke Benzio
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
Prizes For Innovation Of New Medicines And Vaccines, James Love, Tim Hubbard
Prizes For Innovation Of New Medicines And Vaccines, James Love, Tim Hubbard
Annals of Health Law and Life Sciences
This article argues that prizes can help stimulate medical innovation, control costs and ensure greater access to new medicines and vaccines. The authors explore four increasingly ambitious prize options to reward medical innovation, each addressing flaws in the current patent system. The first option promotes innovation through a large prize fund linked to the impact on health outcomes; the second option rewards the sharing of knowledge, data, and technology with open source dividends; the third option awards prizes for interim benchmarks and discrete technical problems; and the final option removes the exclusive right to use patented inventions in upstream research …
Patents & (And) The Progress Of Personalized Medicine: Biomarkers Research As Lens, Matthew Herder
Patents & (And) The Progress Of Personalized Medicine: Biomarkers Research As Lens, Matthew Herder
Annals of Health Law and Life Sciences
This article addresses the barriers to personalized medicine, focusing on the burgeoning field of biomarkers research. The author begins by framing intellectual property issues as more than a product of industry incentives and suggests that these issues are deeply entangled with other barriers facing personalized medicine such as regulatory framework deficiencies. The author proposes a set of future research questions to more fully define the barriers to biomarkers research and to uncover which corrective measures may be effective. The author concludes by recommending an integration of regulatory and patent reforms, with a call to action by scholars, scientists, representatives of …
An Introduction - Patents Versus Patients: Must We Choose, Cynthia M. Ho, Ann Weilbaecher
An Introduction - Patents Versus Patients: Must We Choose, Cynthia M. Ho, Ann Weilbaecher
Annals of Health Law and Life Sciences
No abstract provided.
Diseases Endemic In Developing Countries: How To Incentive Innovation, Ann Weilbaecher
Diseases Endemic In Developing Countries: How To Incentive Innovation, Ann Weilbaecher
Annals of Health Law and Life Sciences
This comment addresses the inadequacies of research and development for diseases endemic in developing countries and explores how the patent system can inhibit innovation for new drugs for neglected diseases. The author analyzes four strategies to encourage innovation, including open source initiatives, patent pools, prizes, and wild card patent extensions, and examines how these alternative systems may spur innovation while balancing cost concerns held by drug manufacturers and purchasers. The author concludes that a combination of solutions may provide the best framework for the creation of essential medicines for neglected diseases.
Patents With An "I" = Patients, Alice O. Martin, Sendil K. Devadas
Patents With An "I" = Patients, Alice O. Martin, Sendil K. Devadas
Annals of Health Law and Life Sciences
The authors address how patent protection in the United States is often quite narrow in scope, difficult to obtain, and insufficient in duration, thus stifling research and development of potential breakthrough pharmaceuticals. The authors further posit that countries that have enacted stronger intellectual property rights and research incentives have seen tremendous increases in foreign direct investment. In addressing critics of the current patent system, the authors show that alternatives to biotechnology patents would not demonstrably improve innovation and development of beneficial medicines. The authors conclude that given the substantial evidence of the patent system's benefits, and the mere speculation that …