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Full-Text Articles in Health Law and Policy

Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook Jan 2007

Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook

Annals of Health Law and Life Sciences

This article explores the legal implications of pay for performance programs from the perspective of healthcare providers. The author provides an informative background on the emergence of pay for performance programs and examines the structure and operation of these programs. She then explores the liability issues of health plans and managed care organizations and delves into evidentiary issues related to pay for performance information. Her article concludes with some practical suggestions for providers in preparing for an expansion of these quality initiatives.


Just Scanning Around With Diagnostic Medical Ultrasound: Should State Regulate The Nondiagnostic Uses Of This Technology, Archie A. Alexander Jan 2007

Just Scanning Around With Diagnostic Medical Ultrasound: Should State Regulate The Nondiagnostic Uses Of This Technology, Archie A. Alexander

Annals of Health Law and Life Sciences

This article examines how the non-diagnostic uses of medical ultrasound may violate the prudent use of this technology and supports the proposal of state-based legislative efforts to protect consumers from abuse. The author identifies the potential health risks to consumers and reviews the existing federal and state regulations, ultimately recommending increased legislation and mandated control of this technology.


Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch Jan 2007

Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch

Annals of Health Law and Life Sciences

This article discusses the Best Pharmaceuticals for Children Act and the FDA's request for placebo-controlled studies of drugs to treat OCD and depression in children. First, the article explains the need to test drugs in children and examines the reasons this testing has not occurred. Next, the article describes the legislative and administrative responses to remedy this lack of research and assesses the ethics and legality of their implementation. The article concludes that these initiatives are legally and ethically acceptable until a safe and effective treatment is determined--at which point the use of placebos in pediatric testing must be replaced …


Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn Jan 2007

Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn

Annals of Health Law and Life Sciences

This article explores the problems within a niche area of health law, the Health Professional Shortage Area (HPSA) safe harbor of the Anti-Kickback Statute. The author advocates for its removal by discussing how the HPSA designation is being used incorrectly to curb fraudulent behavior and how the current provision serves few hospitals. The author concludes by suggesting innovative solutions to remedy the problems with the current HPSA designation system.


Table Of Contents, Annals Of Health Law Jan 2007

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum Jan 2007

Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Defending Hospital Mergers After The Ftcs Unorthodox Challenge To The Evanston Northwestern - Highland Park Transaction, Tom Campbell Jan 2007

Defending Hospital Mergers After The Ftcs Unorthodox Challenge To The Evanston Northwestern - Highland Park Transaction, Tom Campbell

Annals of Health Law and Life Sciences

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.


Electronic Healthcare Data Collection And Pay-For-Performance: Translating Theory Into Practice, Ramesh C. Sachdeva Jan 2007

Electronic Healthcare Data Collection And Pay-For-Performance: Translating Theory Into Practice, Ramesh C. Sachdeva

Annals of Health Law and Life Sciences

With insight grounded in his work for a national data collection consortium and as Vice President of Quality and Outcomes at the Children's Hospital of Wisconsin, the author connects the theory of pay-for-performance to the realities of its implementation. The author expands the Diagnosing the Data conversation by describing the challenges of collecting meaningful data and by addressing the potential legal issues that data use raises. Drawing on his national and local experience, the author concludes with suggestions for adopting data collection programs that are both clinically relevant and scientifically reliable.


The Adoption Of Electronic Health Records: Benefits And Challenges, Karoline Kreuser Jan 2007

The Adoption Of Electronic Health Records: Benefits And Challenges, Karoline Kreuser

Annals of Health Law and Life Sciences

No abstract provided.


Private Laws And Their Effect On Healthcare Organizations, Melissa A. Irving Jan 2007

Private Laws And Their Effect On Healthcare Organizations, Melissa A. Irving

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Stephen Weiser, Stephen Weiser Jan 2007

Transcribed Speech Of Stephen Weiser, Stephen Weiser

Annals of Health Law and Life Sciences

No abstract provided.


Performance Data Collection As A Means To Measure Provers' Quality Of Care, Karen L. Henley Jan 2007

Performance Data Collection As A Means To Measure Provers' Quality Of Care, Karen L. Henley

Annals of Health Law and Life Sciences

No abstract provided.


The Dinosaur In The Officer: A Consideration Of The Technical And Ethical Issues Surrounding The Adoption Of Digital Medical Data And The Extinction Of The Paper Record, Kristin E. Schleiter Jan 2007

The Dinosaur In The Officer: A Consideration Of The Technical And Ethical Issues Surrounding The Adoption Of Digital Medical Data And The Extinction Of The Paper Record, Kristin E. Schleiter

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Dr. Arthur Derse, Arthur Derse Jan 2007

Transcribed Speech Of Dr. Arthur Derse, Arthur Derse

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Dr. Kenneth Kizer, Kenneth Kizer Jan 2007

Transcribed Speech Of Dr. Kenneth Kizer, Kenneth Kizer

Annals of Health Law and Life Sciences

No abstract provided.


Transcribed Speech Of Michelle Dougherty , Michelle Dougherty Jan 2007

Transcribed Speech Of Michelle Dougherty , Michelle Dougherty

Annals of Health Law and Life Sciences

No abstract provided.


Rising Health Care Costs, Mary M. Pozarycki Jan 2006

Rising Health Care Costs, Mary M. Pozarycki

Annals of Health Law and Life Sciences

No abstract provided.


Who Should Determine What Is Best For Children In State Custody Who Object To Psychotropic Medication?, Stephen A. Talmadge Jan 2006

Who Should Determine What Is Best For Children In State Custody Who Object To Psychotropic Medication?, Stephen A. Talmadge

Annals of Health Law and Life Sciences

This article explores a child's right to refuse medical treatment, in contrast to giving the state or the parents this choice. The article specifically explores a child's right to refuse psychotropic drugs, which are more limiting of personal liberty than physical restraints and can have long-lasting side effects. With a focus on children's competence and the significant side effects of psychotropic drugs, the author concludes that caseworkers do not know the best interests of children in state custody and thus adolescents should be allowed to make their own decisions about psychotropic medications.


The Legal Ramifications Of Best Practices In Health Care, Kevin Rasp Jan 2006

The Legal Ramifications Of Best Practices In Health Care, Kevin Rasp

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Ann Meckstroth, John Blum Jan 2006

Foreword, Ann Meckstroth, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Conscience Clauses And Oral Contraceptives: Conscientious Objection Or Calculated Obstruction?, Mary K. Collins Jan 2006

Conscience Clauses And Oral Contraceptives: Conscientious Objection Or Calculated Obstruction?, Mary K. Collins

Annals of Health Law and Life Sciences

This article examines the ethical and legal implications of conscience clauses, which allow pharmacists to refuse to fill prescriptions for oral contraceptives due to their belief that they may constitute abortifacients. The author provides an informative background on contraception and the history of how abortion has been viewed in this country, then takes a critical look at some of the conscience laws already in existence, using a bioethical framework to examine them. She concludes by providing suggestions to reduce the negative ethical implications resulting from the enactment of conscience clauses.


The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax Jan 2006

The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax

Annals of Health Law and Life Sciences

This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines. The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research.


Is Obesity Really The Next Tobacco? Lessons Learned From Tobacco For Obesity Litigation, Brooke Courtney Jan 2006

Is Obesity Really The Next Tobacco? Lessons Learned From Tobacco For Obesity Litigation, Brooke Courtney

Annals of Health Law and Life Sciences

This article draws important lessons from the history of tobacco litigation that can be applied to the current obesity problem in the United States. The author's close analysis of potential issues surrounding the obesity problem in this country yields the conclusion that litigation alone may not be the best answer. Her article offers a compelling perspective on the history of tobacco litigation, a thorough analysis of the issues surrounding the obesity problem and several potential perspectives on dealing with the situation at hand.


The Fundamental Law That Shapes The United States Health Care System: Is Universal Health Care Realistic Within The Established Paradigm?, William P. Gunnar Jan 2006

The Fundamental Law That Shapes The United States Health Care System: Is Universal Health Care Realistic Within The Established Paradigm?, William P. Gunnar

Annals of Health Law and Life Sciences

In this article, the author draws from his own experience as a doctor in describing the issues the uninsured patient population faces. Pointing out that neither the U.S. Constitution nor case law provides a positive right to health care, the author describes the parameters of federal health care funding and ultimately concludes that universal health care cannot be fully achieved in the U.S.


Greenberg V. Miami Children's Hospital: Unjust Enrichment And The Patenting Of Human Genetic Material, Debra L. Greenfield Jan 2006

Greenberg V. Miami Children's Hospital: Unjust Enrichment And The Patenting Of Human Genetic Material, Debra L. Greenfield

Annals of Health Law and Life Sciences

Individuals and societal groups are questioning the practice of patenting human genetic material in the context of medical research and health care where diverse ethical, social, and political objections are being raised by critics. A recent case provides a broad legal theory, the common law cause of action, unjust enrichment, and a precedent for challenging the commercialization and patenting of human genetic material.


Moral Hazard In Health Insurance: Are Consumer-Directed Plans The Answer?, Douglass Farnsworth Jan 2006

Moral Hazard In Health Insurance: Are Consumer-Directed Plans The Answer?, Douglass Farnsworth

Annals of Health Law and Life Sciences

The concept of moral hazard in relation to health insurance is an area that has both haunted and fascinated economists, policy-makers, and payers almost since the first health insurance plans were offered by employers. Through the years since Kenneth Arrow's groundbreaking work in 1963, the health care industry has been looking for the proper level of cost-share for patient insureds that will affect their health care choices. The approach of some newer plan offerings, termed 'consumer-directed' or 'consumer-driven' plans by their promoters, seem to have the potential of affecting moral hazard in health insurance.


Table Of Contents, Annals Of Health Law Jan 2006

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Ann Meckstroth, John Blum Jan 2006

Foreword, Ann Meckstroth, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Reconceptualizing Elder Abuse: Treating The Disease Of Senior Community Exclusion, Donna Schuyler, Bryan A. Liang Jan 2006

Reconceptualizing Elder Abuse: Treating The Disease Of Senior Community Exclusion, Donna Schuyler, Bryan A. Liang

Annals of Health Law and Life Sciences

This article focuses on the phenomenon of elder abuse, which is one of the paramount symptoms of the larger community's failure to address the social, medical, and legal needs of the senior populace. Although there have been multidisciplinary efforts to address this problem, they are not responsive to the needs of the senior population itself. In response, the authors propose a model that takes into account the specific concerns of local senior communities and provides seniors and their stakeholder providers a stable infrastructure to ensure open, consistent, and effective participation and delivery of services.


Transcribed Speech Of Professor John D. Blum, John D. Blum Jan 2006

Transcribed Speech Of Professor John D. Blum, John D. Blum

Annals of Health Law and Life Sciences

No abstract provided.