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Articles 361 - 390 of 531
Full-Text Articles in Health Law and Policy
Damned If They Do, Damned If They Don't: The Need For A Comprehensive Public Policy To Address The Inadequate Management Of Pain, Amy J. Dilcher
Damned If They Do, Damned If They Don't: The Need For A Comprehensive Public Policy To Address The Inadequate Management Of Pain, Amy J. Dilcher
Annals of Health Law and Life Sciences
Amy Dilcher examines the need for a comprehensive pain policy and argues that opioids-highly effective drugs for pain management-should be legally and practicably accessible to medical professionals and their patients, as and when needed to provide relief from pain. The article synthesizes a number of perspectives regarding the regulation of pain management and demonstrates that the inadequate treatment of pain stems from a multitude of barriers. After reviewing Congressional action on the topic, Ms. Dilcher concludes with recommendations for a more comprehensive pain policy that would enhance the management of pain.
Foreword, Larry Singer, John Blum, Elissa Koch
Foreword, Larry Singer, John Blum, Elissa Koch
Annals of Health Law and Life Sciences
No abstract provided.
"Just Say No!": The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii
"Just Say No!": The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii
Annals of Health Law and Life Sciences
This article examines the rights of patients, particularly incompetent patients, in longterm care facilities to refuse psychotropic medication. In exploring this topic, the author focuses on the provisions of the Omnibus Budget Reconciliation Act of 1987 which was part of a Congressional solution to afford greater protection to residents of long-term care facilities. Because the legislation has not lived up to expectations, the author advocates for further legislative action to protect the dwindling bundle of rights of the elderly.
Comparing Ethics Education In Medicine And Law: Combining The Best Of Both Worlds, Erin A. Egan, Kayhan Parsi, Cynthia Ramirez
Comparing Ethics Education In Medicine And Law: Combining The Best Of Both Worlds, Erin A. Egan, Kayhan Parsi, Cynthia Ramirez
Annals of Health Law and Life Sciences
This article compares various models of ethics education and how these models are employed by both medical schools and law schools. The authors suggest ways in which each profession can enhance their ethical teaching and argue that ethics education in both medicine and law should combine the best elements of each education model, thereby producing graduates who are more knowledgeable and appreciative of ethical issues in practice.
Considerations In Medicare Reform: The Impact Of Medicare Preemption On State Laws, Michael J. Jackonis Jr.
Considerations In Medicare Reform: The Impact Of Medicare Preemption On State Laws, Michael J. Jackonis Jr.
Annals of Health Law and Life Sciences
This article explores the key issues involved in understanding the impact of Medicare preemption on state laws affecting the federal purchase of managed care products, as a consideration in future Medicare reform. Author Commander Jackonis argues that any further Medicare reform must address the impact of federal preemption on quality and quantity of care purchased in order to ensure the existence of a market of product providers, as well as to ensure protection of patient rights and benefits.
Independent Medical Review: Expanding Legal Remedies To Achieve Managed Care Accountability, Leatrice Berman-Sandler
Independent Medical Review: Expanding Legal Remedies To Achieve Managed Care Accountability, Leatrice Berman-Sandler
Annals of Health Law and Life Sciences
Author Leatrice Berman-Sandier reports on independent medical review (IMR), a state-based statutory remedy used to resolve disputes over coverage between patients and their health plans. Ms. Berman-Sandler explores the connection between ERISA preemption and IMR, and opines that in light of recent Supreme Court decisions, the stage has been set for expansion of IMR. Accordingly, Ms. Berman-Sandler concludes that there are strong legal and policy reasons for state legislatures to broaden the application of IMR and for the Court to continue to narrow ERISA preemption in order to increase accountability in the managed care arena.
A Dutch Perspective: The Limits Of Lawful Euthanasia, Ubaldus Dr Vries
A Dutch Perspective: The Limits Of Lawful Euthanasia, Ubaldus Dr Vries
Annals of Health Law and Life Sciences
Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, case law is reviewed, and the unique role of the doctor is examined in seeking to understand the extent of one's right to euthanasia in the Netherlands. Because the courts must determine what constitutes "hopeless and unbearable suffering," Professor de Vries analyzes the judicial interpretation of "suffering" and concludes that …
Foreword, Larry Singer, John Blum, Elissa Koch
Foreword, Larry Singer, John Blum, Elissa Koch
Annals of Health Law and Life Sciences
No abstract provided.
Will The Supreme Court Finally Eliminate Erisa Preemption?, David L. Trueman
Will The Supreme Court Finally Eliminate Erisa Preemption?, David L. Trueman
Annals of Health Law and Life Sciences
David Trueman's article reviews the history of ERISA preemption by analyzing seminal Supreme Court cases and predicts the future of ERISA preemption in his analysis of recent federal case law. Traditionally, the ability to hold a managed care entity responsible for its actions has been hampered by a strict interpretation of the preemption clauses of ERISA but as the Supreme Court's jurisprudence has evolved and loosened, several federal courts have allowed suits against managed care companies to go forward. Conflict among the federal circuits has arisen and the Supreme Court has granted certiorari to two cases from Texas in order …
Breaking Through The Silence: Illegality Of Performing Resuscitation Procedures On The "Newly-Dead", Daniel Sperling
Breaking Through The Silence: Illegality Of Performing Resuscitation Procedures On The "Newly-Dead", Daniel Sperling
Annals of Health Law and Life Sciences
Israeli author Daniel Sperling brings to a light a disturbing practice that is taking place in some teaching hospitals throughout the world - the practice of resuscitation procedures on newly dead patients without the consent of the next-of-kin. Mr. Sperling examines some of the policies and procedures in place to prevent such practice and also looks at the ethical principles that should guide such procedures. The paper also reviews the general issue of consent in the context of medical decision-making and discusses potential legal claims that might be available to persons who have not been consulted or informed before such …
Medical Societies' Self-Policing Of Unprofessional Expert Testimony, Russell M. Pelton
Medical Societies' Self-Policing Of Unprofessional Expert Testimony, Russell M. Pelton
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Russell M. Pelton
Private Responses To The Crisis, Russell M. Pelton
Annals of Health Law and Life Sciences
No abstract provided.
Is There An Acceptable Answer To Rising Medical Malpractice Premiums?, William P. Gunnar
Is There An Acceptable Answer To Rising Medical Malpractice Premiums?, William P. Gunnar
Annals of Health Law and Life Sciences
This article explores the key issues involved in the attempts at reform of the present medical malpractice system. Investigating the effects that federal tort reform legislation would have on physicians, patients, lawyers, and the medical malpractice insurers, Dr. Gunnar succinctly outlines the issues surrounding the present "crisis in healthcare" and explores the separate interests involved. The article examines the economic forces influencing the medical malpractice insurance industry, reviews previous tort reform, and predicts the future of federal tort reform legislation. Dr. Gunnar concludes by proposing alternatives for malpractice reform.
The Current Medical Liability Insurance Crisis: An Overview Of The Problem, Its Catalysts And Solutions, Christina O. Jackiw
The Current Medical Liability Insurance Crisis: An Overview Of The Problem, Its Catalysts And Solutions, Christina O. Jackiw
Annals of Health Law and Life Sciences
No abstract provided.
Federal Efforts And State Approaches To The Crisis, Barry Furrow, David Hyman
Federal Efforts And State Approaches To The Crisis, Barry Furrow, David Hyman
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Robert W. Mulcahey
Private Responses To The Crisis, Robert W. Mulcahey
Annals of Health Law and Life Sciences
No abstract provided.
An Insurance Perspective On The Medical Malpractice Crisis, Nicole Williams Koviak
An Insurance Perspective On The Medical Malpractice Crisis, Nicole Williams Koviak
Annals of Health Law and Life Sciences
No abstract provided.
A Physician's Perspective On The Medical Malpractice Crisis, Amanda Craig
A Physician's Perspective On The Medical Malpractice Crisis, Amanda Craig
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.
An Institutional Perspective On The Medical Malpractice Crisis, Sarah Guyton
An Institutional Perspective On The Medical Malpractice Crisis, Sarah Guyton
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Barbara Youngberg
Private Responses To The Crisis, Barbara Youngberg
Annals of Health Law and Life Sciences
No abstract provided.
A Patient Perspective: Focusing On Compensating Harm, Valerie Witmer
A Patient Perspective: Focusing On Compensating Harm, Valerie Witmer
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Susan Schwartz
Private Responses To The Crisis, Susan Schwartz
Annals of Health Law and Life Sciences
No abstract provided.
Private Responses To The Crisis, Joseph Murphy
Private Responses To The Crisis, Joseph Murphy
Annals of Health Law and Life Sciences
No abstract provided.
Foreword, Larry Singer, John Blum
Foreword, Larry Singer, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
The Bipartisan Patient Protection Act: Greater Liability On Managed Care Plans, Urura W. Mayers
The Bipartisan Patient Protection Act: Greater Liability On Managed Care Plans, Urura W. Mayers
Annals of Health Law and Life Sciences
Mrs. Mayers' article notes the substantial differences that exist between the Senate and the House of Representatives' version of the Bipartisan Patient Protection Act of 2001. While observing the remedies made available to participants, beneficiaries, or enrollees under both bills, she shows that the Senate bill places greater liability on managed care plans because it favors consumer protection, while the House of Representatives' bill does not. In order to develop an understanding of why an act of this nature is needed, Mrs. Mayers provides a brief historical overview of how managed care entities developed. She also examines the Employee Retirement …
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, Jeffrey Kee, Larry Singer, John Blum
Foreword, Jeffrey Kee, Larry Singer, John Blum
Annals of Health Law and Life Sciences
No abstract provided.
Changing The Law, Changing The Culture: Rethinking The "Sleepy Resident" Problem, Jennifer F. Whetsell
Changing The Law, Changing The Culture: Rethinking The "Sleepy Resident" Problem, Jennifer F. Whetsell
Annals of Health Law and Life Sciences
Ms. Whetsell examines the Bell Regulations, which limit New York's hospital residents' work hours and require increased supervision from senior doctors, in light of the currently pending federal bill that seeks to do the same. The article argues that the federal government should draw lessons from the New York experience before proceeding with similar guidelines. The article notes that many roadblocks have prevented successful implementation of the New York policy, including a long-standing tradition of "hazing" first-year residents with long, unsupervised hours; medical community resistance to the notion of residents' sleep deprivation and dislike of government interference; and a general …
Bioterrorism Meets Privacy: An Analysis Of The Model State Emergency Health Powers Act And The Hipaa Privacy Rule, Julie Bruce
Bioterrorism Meets Privacy: An Analysis Of The Model State Emergency Health Powers Act And The Hipaa Privacy Rule, Julie Bruce
Annals of Health Law and Life Sciences
Ms. Bruce's paper analyzes the interplay between the Model State Emergency Health Powers Act and the HIPAA Privacy Rule. The article begins by examining specific relevant provisions of the Act and Rule. Next, it traces the history of public health law through the court system and then uses this foundation to discuss how the Model State Emergency Health Powers Act and the HIPAA Privacy Rule could co-exist, protecting Americans in the case of a bioterror attack, while being appropriately sensitive to the confidentiality of private health information.