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Journal of Law and Health

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Articles 271 - 295 of 295

Full-Text Articles in Health Law and Policy

The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson Jan 1990

The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson

Journal of Law and Health

This paper will first review the development of Ohio case law prior to the Supreme Court's decision in Cruzan v. Director, Missouri Department of Health along with the Cruzan decision and Ohio's Durable Power of Attorney for Health Care statute. Next, the constitutionality of the limitations in the Durable Power of Attorney Health Care statute will be discussed. The standard of evidence which must be met in Ohio in order to implement an incompetent's wishes regarding medical treatment in the absence of a durable power will be analyzed. Recommendations will be presented regarding what Ohioans should do in order to …

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Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg Jan 1990

Alternative Approaches At The Federal And State Level, E. Richard Brown, Mary Rose Oakar, Randall Bovbjerg

Journal of Law and Health

The reason that the discussions and positions that you heard this morning are no longer being voiced so widely in California is because conditions have continued to deteriorate there rather dramatically. Like the rest of the country, we have a large uninsured population, but the percentage of our uninsured population is larger than the national average as a percentage of the non-elderly population. In the U.S. it's about eighteen percent; in California, it's over twenty-one percent. That means more than five million uninsured people.

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Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer Jan 1990

Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer

Journal of Law and Health

There is probably no constitutional duty on the government to provide medical care; for the Court recently reaffirmed, in Deshaney, the current Court's view of our Constitution as prohibiting governmental wrongs rather than granting entitlements from the government. We say there is a moral duty to provide medical care to those who cannot afford such care. Where does the moral right to receive basic medical care come from?

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Introduction, Steven Smith, David Sweet Jan 1990

Introduction, Steven Smith, David Sweet

Journal of Law and Health

Introduction to Symposium

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Opening Remarks: An Overview Of The Problem, Robert E. Eckardt Jan 1990

Opening Remarks: An Overview Of The Problem, Robert E. Eckardt

Journal of Law and Health

It is a pleasure to be here this morning and to give you some opening comments about what is obviously a very important issue and one that I think does require the involvement of a multitude of different persons from public policy, public health, law and other fields. As I look at the Conference program, however, I feel a little bit uneasy with my assignment since those of us in Foundations are quintessential consultants; we are not really out on the front line doing anything, but are instead providing advice, assistance, counseling, and sometimes money, to those who are out …

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Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren Jan 1990

Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren

Journal of Law and Health

A panel consisting of health care providers and consumers discussed defining the problem and searching for solutions. Richard Buxbaum of the Greater Cleveland Hospital Association addressed uncompensated care, otherwise known as charity care, as a problem for hospitals. Mandating employer based health insurance was offered as a solution. Frank Kimbler of the Federation for Community Planning gave an overview of the consumer side of the uninsured problem. He mentioned a joint pilot project to insure the working poor. Henry Manning of Metrohealth explained how price competition between hospitals creates a problem for urban teaching hospitals which bear the costs of …

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Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow Jan 1990

Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow

Journal of Law and Health

A discussion of the current Ohio health insurance law regarding the uninsured and underinsured and what the Ohio legislature is trying to do about it. Jane Campbell discussed adopting a system similar to the Canadian health care system, creating an Ohio health care trust fund, and helping those in high-risk health care categories. Ray Miller addressed indigent health care and the Hagan bill. Grace Drake said that universal health care has not been successful where it has been tried, so the focus should be on the working poor and uninsured.

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Medicare/Medicaid Reimbursement Issues - A Provider's Perspective, Deborah M. Naglak Jan 1990

Medicare/Medicaid Reimbursement Issues - A Provider's Perspective, Deborah M. Naglak

Journal of Law and Health

In 1965, Congress took its first historical step towards the ideal of universally accessible health care services with the enactment of the Medicare and Medicaid programs. These programs are federally subsidized health insurance programs administered by the Health Care Financing Administration within the Department of Health and Human Services. Under the Medicare statute, the federal government reimburses providers of medical services for care rendered to elderly or disabled patients, subject to guidelines and limitations. The Medicare Act establishes the costs allowed for reimbursement for services and authorizes the Secretary of the Department of Health and Human Services (HHS) to promulgate …

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Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr. Jan 1989

Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.

Journal of Law and Health

The Federal Technology Transfer Act of 1986 offers private industry the opportunity to enter into cooperative research and development agreements with scientists in federal laboratories and to gain rights in intellectual property resulting from such collaborations. Increased collaborations with private industry, however, expands the potential for conflicts of interest. Resolution of the tensions between the Technology Transfer Act and federal conflict of interest rules is important because federal laboratories, such as the NIH, are experiencing a loss of senior scientists to universities and private industry due to inadequate compensation. These tensions may be resolved by some combination of policies, regulations, …

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Encouragement Of Empathy: Just Decision Making For Incompetent Terminal Patients, Michelle L. Oxman Jan 1989

Encouragement Of Empathy: Just Decision Making For Incompetent Terminal Patients, Michelle L. Oxman

Journal of Law and Health

Logically, there may be little difference between discontinuing a machine that maintains the patient's breathing and discontinuing artificial nutrition and hydration. However, discontinuing artificial nutrition results in death by starvation and thirst over a period of days or weeks, as contrasted with the almost immediate death produced by discontinuing a respirator. The increased length of time that it would take for the patient to die from starvation and dehydration caused by the withdrawal of artificial feeding has influenced the opinion of some judges. The emotional ramifications of denying food and water to a seriously ill person have also affected judicial …

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Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen Jan 1989

Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen

Journal of Law and Health

The birth of a healthy, normal child in American society is generally considered a "blessed event." This is not always so when the pregnancy is unwanted or unplanned. Joy is not always followed by the birth of a child whose mother's pregnancy resulted from a failed sterilization or a failed abortion because of a physician's negligent act. The abortion or sterilization may have been sought because of the fear that a pregnancy would result in a child who might threaten the mother's physical wellbeing or would put a financial strain on the family. Such negligence on the part of a …

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Annotated Bibliography On Aids, Edmund F. Santa Vicca Jan 1988

Annotated Bibliography On Aids, Edmund F. Santa Vicca

Journal of Law and Health

This bibliography was included in the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988 as a helpful reference guide. The Journal would like to thank Edmund Santa Vicca for his ever continuing support in the quest for knowledge.

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The Freedom To Be Psychotic, Joram Graf Haber Jan 1988

The Freedom To Be Psychotic, Joram Graf Haber

Journal of Law and Health

The following will examine both involuntary commitment and deinstitutionalization, as well as some recent and rather novel proposals that have been championed by those who advocate neither. I refer here to the so called "Ulysses Contract" as well as to "mandatory out-patient treatment." My concern is primarily with the moral and legal aspects of these practices and to that end will focus on more conceptual matters. I will conclude by defending a concept of freedom which does greater justice to patients' needs than does the one currently employed.

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Assessment Of Carcinogenic Risk And The Delaney Clause: The Search For A Better Standard, Mark A. Cleaves Jan 1988

Assessment Of Carcinogenic Risk And The Delaney Clause: The Search For A Better Standard, Mark A. Cleaves

Journal of Law and Health

This article will focus upon the legislative history and subsequent case law dealing with the Delaney Clause and it will include the rationale and limitations of the provision. In order to regulate carcinogens one must have a clear understanding of the cancer processes. Therefore a brief discussion of the biological parameters involved is warranted. The purpose of this discussion is to find a more rational alternative to the Delaney Clause. The use of quantitative risk assessment as an approach to regulate carcinogens found in food is also discussed. By combining the purposes of the original (and current statutory provisions with …

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State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell Jan 1988

State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell

Journal of Law and Health

This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.

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Legal Issues In The Healthcare Settings Aids: Current State Of The Law - An Overview, Carol A. Mclaughlin Jan 1988

Legal Issues In The Healthcare Settings Aids: Current State Of The Law - An Overview, Carol A. Mclaughlin

Journal of Law and Health

Presented as part of an address on the current state of the law at the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988.

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Testing For Drugs Of Abuse: Methods And Reliability, Edward A. Kaufman Jan 1987

Testing For Drugs Of Abuse: Methods And Reliability, Edward A. Kaufman

Journal of Law and Health

The purpose of this paper is to discuss the entire testing process, from specimen collection and preparation (vital processes that are often beyond the control of the laboratory) to test methods, quality assurance measures, medico-legal documentation, and result reporting and interpretation. Each of these steps demands careful attention, and the hallmark of a responsible, quality-conscious laboratory is that it can offer a complete testing system that focuses not only on the assays themselves but also on each of the necessary precautions and transactions so crucial to the viability of test results.

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Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger Jan 1987

Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger

Journal of Law and Health

For all of these reasons, the President issued an Executive Order on September 15, 1986, designed to achieve a drug-free federal workplace. Consistent with the President's views, it focuses on helping, not punishing, drug users. Time does not permit me to go into each of the Order's provisions in great detail. I would, however, like to offer an overview of the major provisions of the Order. In deference to the occasion, I will concentrate on the provisions of the Order which authorize the use of drug testing to achieve that objective. The Executive Order calls upon "agency heads," the chief …

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A Management Perspective On The Controlled Substance Testing Issue: Management's Newest Pandora's Box, Jan P. Muczyk, Brian P. Heshizer Jan 1987

A Management Perspective On The Controlled Substance Testing Issue: Management's Newest Pandora's Box, Jan P. Muczyk, Brian P. Heshizer

Journal of Law and Health

A new literal meaning has been given to the adage of offering one' sweat and blood to the employer - to which is added as well, one's urine. Little wonder then that so many private and public employers have rushed into drug screening programs. Given the trend of recent events, it would seem that an imperative does exist for drug testing at the workplace. However, before organizations establish testing programs, management should consider the known problems associated with substance testing and the organizational implications of such testing.

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Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick Jan 1986

Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick

Journal of Law and Health

Just as there are moral and ethical implication in permitting the widow to use a sperm deposit for AIH, so are there moral and ethical implications in denying her this privilege. What is the rationale behind denying a widow access to that which would only be discarded? Suppose the sperm, rather than be discarded, were to be designated that of an unknown donor to be used in AID? If unmarred women have the right to procreate even using known donor sperm, what is the reason for prohibiting a woman to choose to be inseminated with the sperm of a man …

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Fertility Or Unemployment - Should You Have To Choose, Yvonne Sor Jan 1986

Fertility Or Unemployment - Should You Have To Choose, Yvonne Sor

Journal of Law and Health

This article will address the legal issues involved in establishing an equitable balance between women's rights to equal employment opportunities and the right of future generations to be free from disease caused by parental exposures to hazardous chemical work environments. In the author's opinion the present regulatory framework provided by the Occupational Safety and Health Act of 1970 (OSHAct), the Toxic Substances Control Act (TSCA), and Title VII of the Civil Rights Act of 1964 is inadequate to provide the requisite degree of protection to employees and, particularly, to their offspring. Part II of the article will examine some of …

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Peer Review Committee Minutes And Memoranda: Non-Discoverable At All Costs, Howard S. Rabb Jan 1986

Peer Review Committee Minutes And Memoranda: Non-Discoverable At All Costs, Howard S. Rabb

Journal of Law and Health

The purpose of this article is to illustrate the inherent problems of blanket peer review confidentiality and to suggest a more equitable approach. Part I traces the deveopment of reviewing hospital quality and explains the operation and justifications of peer review committees. In Part II, the arguments supporting confidentiality are compared with the public policy favoring proper disposition of corporate negligence cases in order to determine and recommend the correct level of confidentiality. In Part III, the peer review discovery statute in section 2305.251 of the Ohio Revised COde is critically evaluated for its practical value to the advancement of …

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Patients, Agents, And Informed Consent, Joram Graf Haber Jan 1985

Patients, Agents, And Informed Consent, Joram Graf Haber

Journal of Law and Health

In Part II of this article, I develop the "patient" / agent distinction from the vantage point of humanistic ethics. This is the view that the knowledge of man is the basis for establishing norms and values. In Part III, I argue that the "patient" / agent distinction correlates the the Kantian notions of heteronomy / autonomy, and disrespect for autonomy / respect for autonomy. In Part IV, I show that the "patient" / agent distinction also correlates with the standards of disclosure the courts have adopted in deciding informed consent cases. Finally, in Part V, I show how the …

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Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden Jan 1985

Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden

Journal of Law and Health

The development of alternate health care delivery and reimbursement mechanisms, particularly those known as "Preferred Provider Organizations" (PPOs), raise a multitude of legal issues. Each PPO will exist in different market conditions and under different state laws. Therefore, while this Article seeks to identify and discuss the legal issues, it cannot provide definitive answers. This Article can, however, serve as a guideline or checklist for PPO analysis and provide recommendations and alternatives for dealing with the legal roadblocks that occur in the formation and operation of PPOs. This discussion will be general in nature and cannot substitute for legal advice …

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Medical Authority And Infanticide, Patrick A. Malone Jan 1985

Medical Authority And Infanticide, Patrick A. Malone

Journal of Law and Health

This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …

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