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Health Law and Policy Commons™

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Faculty Publications

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Articles 181 - 196 of 196

Full-Text Articles in Health Law and Policy

Comment On The L, Susan Grover Jan 1996

Comment On The L, Susan Grover

Faculty Publications

No abstract provided.

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Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck Jul 1995

Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck

Faculty Publications

Nursing and organized medicine are engaged in a heated and emotional debate over independent prescriptive privileges for advanced practice nurses. Uncontroverted data demonstrates that nurse practitioners provide high quality health care at a reduced cost, while increasing access to health care for under-served populations. It is apparent that advanced practice nurses could improve the delivery of American health care. However, organized medicine is opposed to autonomous advanced nursing practice and lobbies powerfully against it. Currently, the majority of state laws and regulations pertaining to advanced practice nursing do not promote a sound public health policy, do not contemplate liability issues …

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Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan Apr 1995

Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan

Faculty Publications

This article examines preventive outpatient commitment, which targets those not ill or dangerous enough to be committed to inpatient facilities under state commitment laws. After discussing the history and design of the NC scheme, it explores constitutional and practical difficulties. Ultimately, it argues that individualized case management through local mental health clinics is the more effective and humane way of serving the interests of both the individual and the state.

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Health Care Rationing And Disability Rights, Philip G. Peters Jr. Apr 1995

Health Care Rationing And Disability Rights, Philip G. Peters Jr.

Faculty Publications

This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …

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A Rejoinder, Larry I. Palmer Oct 1994

A Rejoinder, Larry I. Palmer

Faculty Publications

No abstract provided.

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Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English Mar 1994

Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English

Faculty Publications

At its 1992 Midyear Meeting, the ABA House of Delegates approved a resolution recommending that individual lawyers and the organized bar play an active role in efforts to relieve the current shortage of donated organs and tissue. When fully implemented, these efforts will involve not only lawyers, but also their clients, health care professionals and the general public. The resolution's most ambitious goal is to make organ and tissue donation part of everyday law practice. Lawyers, as a matter of course, should raise the subject of organ and tissue donation when counselling clients on personal planning. But to educate their …

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Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg Jan 1994

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

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Checklist For Long-Term Care Coverage, David M. English Jun 1993

Checklist For Long-Term Care Coverage, David M. English

Faculty Publications

Insurance coverage for long-term care will play an increasingly important role in a society where people are living longer and longer. Long-term care insurance is widely available and fairly easy to obtain. But the types of coverages very widely. Although nearly all states have regulations governing minimum policy terms, the policies on the market offer very different services, levels of coverage, and conditions which must be met before benefits will be paid. The following checklist will help you to decide whether long-term care insurance makes sense for your client and to choose the right kind of policy.

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The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman Jan 1993

The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman

Faculty Publications

This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.

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Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr. Jan 1993

Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.

Faculty Publications

Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …

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Defining The Right To Die, David M. English Jan 1993

Defining The Right To Die, David M. English

Faculty Publications

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …

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The Upc And The New Durable Powers, David M. English Jul 1992

The Upc And The New Durable Powers, David M. English

Faculty Publications

This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.

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The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman Jan 1991

The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman

Faculty Publications

While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …

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The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr. Jan 1989

The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.

Faculty Publications

This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …

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Age-Based Rationing And Technological Development, Maxwell J. Mehlman Jan 1989

Age-Based Rationing And Technological Development, Maxwell J. Mehlman

Faculty Publications

Comment on Daniel Callahan's "Setting Limits."

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Legal Problems In Organ Transplants, Jerome F. Leavell Nov 1973

Legal Problems In Organ Transplants, Jerome F. Leavell

Faculty Publications

No abstract provided.

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