Health Law and Policy Commons^™

Masthead, Volume 31 (2021)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Reliability Check On Expert Witness Testimony In Medical Malpractice Litigation: Mandatory Medical Simulation, Julie L. Campbell

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Over The Top: Judges, Lawyers, And Covid-19 Rhetoric, Jonathan L. Entin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Artificial Intelligence And Liability In Health Care, Frank Griffin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Would We Be Right To Try “Right To Try”?, José Miola, Bernadette J. Richards

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Mccarran-Ferguson Is Protecting The Wrong Health Care Entities, R. Chad Nelson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Prenatal Tort Slippage, Mark Strasser

Health Matrix: The Journal of Law-Medicine

No abstract provided.

State Implementation Of Federal Environmental Laws, Doug Farquhar, Jessika M. Douglas, Brian A. Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.

What The Trump Administration Taught Us About The Vulnerabilities Of Epa’S Science-Based Regulatory Processes: Changing The Consensus Processes Of Science Into The Confrontational Processes Of Law, Bernard D. Goldstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Proactive Remedies To Prevent Permanent Solutions: Enacting Narrowly Crafted Legislative Reform To Reduce Jail Suicides, Kathryn E. Meloni

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ain’T No Laws When You’Re Producing Claws: How Inadequate Labeling Of Alcoholic Beverages Puts Consumers With Allergies At Risk, Audrey Quinn

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Of Mosquitoes And "Moral Convictions" In The Age Of Zika: How The Trump Administration's Gutting Of The Affordable Care Act's Contraceptive Mandate Jeopardizes Women's And Children's Health, Linda C. Fentiman

Health Matrix: The Journal of Law-Medicine

The Trump Administration’s efforts to undo the contraceptive mandate, a key component of the Affordable Care Act (ACA), threaten a major public health emergency, as well as the rule of law and separation of powers. The Trump Administration’s Rules greatly expand the grounds for exemption from the contraceptive mandate: they allow even publicly traded corporations to assert religious beliefs as a ground for exemption and exempt all employers except publicly traded corporations from compliance with the contraceptive mandate if they hold “moral convictions” in opposition to contraception. By denying women access to effective, affordable contraception, these Rules increase the odds …

Medical Aid In Dying By Telehealth, Konstantin Tretyakov

Health Matrix: The Journal of Law-Medicine

Medical aid in dying is a form of medical treatment recognized in several states and the District of Columbia and available to adult residents of those states who are competent and suffer from a terminal disease. Timely access to it is critical for qualifying patients. The article explores the possibility of facilitating access to medical aid in dying via telehealth—a method of providing health care remotely by means of electronic communication. Specifically, I analyze the feasibility of medical aid in dying by telehealth from clinical and legal perspectives. I also examine a relevant normative issue of the nature of in-person …

23anddiverseme: Using Genetic Ancestry Tests To Establish Minority Status, Robert Karl

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Competency To Decide For Another, Elyn R. Saks

Health Matrix: The Journal of Law-Medicine

Our topic is competency of a Substitute Decisionmaker (SubDM) to make a decision about medical treatment for another who is incompetent himself (the “ward”). While there is Competency to Decide for Another considerable literature on competency to decide for oneself, there is very little on competency to decide for another. Some studies look at a range of things that a SubDM needs to do —for example, seek information on what the ward has said—but there is none on how well a person must understand the relevant issues to be a competent SubDM.

The Paradoxes Of Defensive Medicine, Michael J. Saks, Stephan Landsman

Health Matrix: The Journal of Law-Medicine

For decades, “defensive medicine” has been the leading argument driving reforms of medical malpractice laws throughout the United States. Defensive medicine is the presumed practice of administering excessive tests and treatments as a stratagem for reducing healthcare providers’ risk of malpractice liability, despite the absence of any expected benefit for the patient. The practice is widely believed to exist throughout American healthcare as a response to fears of malpractice litigation, and thought to be enormously wasteful of healthcare dollars. In consequence, it has become a justification for law reforms insulating the healthcare industry from tort liability. These claims are promoted …

The Promise And Failures Of Children's Medicaid And The Role Of Medical-Legal Partnerships As Monitors And Advocates, L. Kate Mitchell

Health Matrix: The Journal of Law-Medicine

For decades we have known that access to early and preventive diagnosis and treatment can dramatically alter the course of a child’s life. Because of this knowledge, immediately after Congress enacted Medicaid, it created the Early and Periodic Screening, Diagnostic and Treatment, or EPSDT, program. EPSDT requires broad, holistic, and preventive care to correct or ameliorate health defects identified in Medicaid-eligible children. This coverage currently extends to 2 out of 5 children in the United States, and 47 percent of children with special health care needs. Because of the broad parameters of coverage mandated by EPSDT, Medicaid-eligible children should receive …

The Off-Label Loophole In The Psychopharmacologic Setting: Prescription Of Antipsychotic Drugs In The Nonpsychotic Patient Population, Lisa E. Smilan

Health Matrix: The Journal of Law-Medicine

U.S. physicians have wide discretion in treating patients with off-label medications. Many consider off-label prescription essential in our country’s health care system, and it is wholly supported by FDA and federal courts. Assumptions about physicians’ expertise, judgments, and commitments to beneficence and nonmaleficence undergird laissez-faire policies that allow and support physicians’ novel and innovate uses of FDA-approved drugs for purposes and populations not studied in original, strictly regulated clinical trials. Though sometimes beneficial, off-label prescribing, which flourishes in privatepractice psychiatry, often harms scores of psychiatric patients. Frequently, potential harms are insufficiently disclosed to patients. In the public health sector, officials …

Why The United States Is Failing New Mothers And How It Can Counteract Its Rapidly Climbing Maternal Mortality Rate, Khouloude Abboud

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Where No One Can Hear You Scream: Regulating The Commercial Space Industry To Ensure Human Safety, Kurt Harris

Health Matrix: The Journal of Law-Medicine

Outstanding Note of the Year (2019)

Masthead, Volume 29 (2019)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Liability (And) Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk

Health Matrix: The Journal of Law-Medicine

The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. Instead, we propose that research using individual health data should be subject to a regulatory regime, enforceable by government/public repositories, while at the same time permitting private enforcement actions to address particularized individual injury. Thus, while the physical collection …

How Failure To Protect Laws Punish The Vulnerable, Amanda Mahoney

Health Matrix: The Journal of Law-Medicine

No abstract provided.

50 Shades Of Data Sharing: How A Uniform Fifty-State Prescription Drug Monitoring Program Can Restore Discretion To Opioid Prescribers And Autonomy To Chronic Pain Patients, Allyson Cady

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 29 (2019), Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Invented Purposes And Blue Sky Predictions: Why The Trump Administration Cannot Win The Medicaid Work Experiment Cases, Sara Rosenbaum

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Web Of Legal Protections For Participants In Genomic Research, Leslie E. Wolf, Erin Fuse Brown, Ryan Kerr, Genevieve Razick, Gregory Tanner, Brett Duvall, Sakinah Jones, Jack Brackney, Tatiana Posada

Health Matrix: The Journal of Law-Medicine

The identification and arrest of the Golden State Killer using DNA uploaded to an ancestry database occurred shortly before recruitment for the National Institutes of Health’s (NIH) All of Us Study commenced, with a goal of enrolling and collecting DNA, health, and lifestyle information from one million Americans. It also highlighted the need to ensure prospective research participants that their confidentiality will be protected and their materials used appropriately. But there are questions about how well current law protects against these privacy risks. This article is the first to consider comprehensively and simultaneously all the federal and state laws offering …

The Last Hope: How Starting Over Could Save Private Long-Term Care Insurance, Jalayne J. Arias

Health Matrix: The Journal of Law-Medicine

No abstract provided.

High Times Ahead: Products Liability In Medical Marijuana, Steven B. Perlmutter

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler

Health Matrix: The Journal of Law-Medicine

Several features of the existing occupational licensing system impede access to health care without providing appreciable protections for patients. Licensing restrictions prevent health care providers from offering services to the full extent of their competency, obstruct the adoption of telehealth, and deter foreign-trained providers from practicing in the United States. Scholars and policymakers have proposed a number of reforms to this system over the years, but these proposals have had a limited impact for political and institutional reasons.

Still, there are grounds for optimism. In recent years, the federal government has taken a range of initial steps to reform licensing …