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Articles 181 - 210 of 344
Full-Text Articles in Health Law and Policy
Procedural Due Process And Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Mason Pope
Procedural Due Process And Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Mason Pope
Saint Louis University Journal of Health Law & Policy
Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (TADA).
In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive, life-and-death conflicts. But TADA is …
Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino
Dying Fast: Suicide In Individuals With Gambling Disorder, Stacey A. Tovino
Saint Louis University Journal of Health Law & Policy
These published remarks carefully document the history of health insurance coverage of gambling disorder. They begin by providing examples of gambling disorder insurance benefit disparities in the contexts of public health care programs and private health plans. They proceed by reviewing the effect of three pieces of legislation, including the Mental Health Parity Act of 1996, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, and the Affordable Care Act of 2010, on public and private insurance coverage of gambling disorder. They highlight the partial victory that will occur in some states beginning in …
Celebrating The Distinguished, Humble, And Joyous Career Of Professor Jesse Goldner, Robert Gatter
Celebrating The Distinguished, Humble, And Joyous Career Of Professor Jesse Goldner, Robert Gatter
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Adding Insult To Injury: How The Aca’S “Fix” For Nursing Home Compare Staffing Data Misses The Mark, Elizabeth J. Tucker
Adding Insult To Injury: How The Aca’S “Fix” For Nursing Home Compare Staffing Data Misses The Mark, Elizabeth J. Tucker
Saint Louis University Journal of Health Law & Policy
The Baby Boomers are aging, and soon many will require more long-term health care services, looking to the Nursing Home Compare Website (Website) to help guide their choices. The staffing rating on the Website, which rates nursing homes on a scale of one to five, uses a biased formula to generate its ratings. It counts registered nurses twice, completely excludes other important care staff, and uses outdated case-mix adjustments left over from the early 1990’s. In light of the pressing need for accurate data but no mechanism to obtain it, the staffing rating must be eliminated from the Website. Some …
Antitrust Enforcement Against Pharmaceutical Product Hopping: Protecting Consumers Or Reaching Too Far?, Tyler J. Klein
Antitrust Enforcement Against Pharmaceutical Product Hopping: Protecting Consumers Or Reaching Too Far?, Tyler J. Klein
Saint Louis University Journal of Health Law & Policy
Pharmaceutical drugs are the backbone of modern medicine, which makes the continued development of new drugs essential and puts many lives in the hands of the brand-name pharmaceutical companies that develop these new treatments. Currently, antitrust litigation is being used to strike a balance between the innovator’s right to earn a profit and the need for generic drug companies to make these drugs available to the masses that need them. Antitrust law stops brand-name companies from taking over the market and excluding generics, but it should not be used to impose harsh remedies that restrict the thing that we all …
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Introducing New Users To An Old Poison: The Tobacco Industry’S Efforts To Thwart The Fda’S Regulation Of E-Cigarettes, Jennifer S. Bard
Introducing New Users To An Old Poison: The Tobacco Industry’S Efforts To Thwart The Fda’S Regulation Of E-Cigarettes, Jennifer S. Bard
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles
Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke
Saint Louis University Journal of Health Law & Policy
Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …
Thirty-Eight Years And Counting: The Fda’S Misuse Of The 510(K) Notification Process And Consequent Under-Regulation Of Implantable Medical Devices, Mayo B. Alao
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Hitech Act: Building An Infrastructure For Health Information Organizations And A New Health Care Delivery System, Kalle Deyette
Hitech Act: Building An Infrastructure For Health Information Organizations And A New Health Care Delivery System, Kalle Deyette
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Difficulty Accommodating Health Care Workers, Nicole Buonocore Porter
The Difficulty Accommodating Health Care Workers, Nicole Buonocore Porter
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Job Functions, Standards, And Accommodations Under The Ada: Recent Eeoc Decisions, E. Pierce Blue
Job Functions, Standards, And Accommodations Under The Ada: Recent Eeoc Decisions, E. Pierce Blue
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark C. Weber
Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark C. Weber
Saint Louis University Journal of Health Law & Policy
This essay discusses recent developments concerning numerical goals for employing workers with disabilities by federal agencies and federal contractors. On May 15, 2014, the Equal Employment Opportunity Commission issued an Advance Notice of Proposed Rulemaking asking for comments about, among other things, placing on federal agencies numerical employment goals for individuals with disabilities. On September 24, 2013, the Office of Federal Contract Compliance Programs adopted a Final Rule that imposed on federal contractors a numerical utilization goal for employees with disabilities, a regulation that the Circuit Court of Appeals for the District of Columbia upheld against challenge in 2014. A …
The Health Care Workforce: How To Understand Accommodations, Leslie Francis, Anita Silvers
The Health Care Workforce: How To Understand Accommodations, Leslie Francis, Anita Silvers
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Disability Cultural Competence In The Medical Profession, Mary Crossley
Disability Cultural Competence In The Medical Profession, Mary Crossley
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Transforming The Physician’S Standard Of Care In The Context Of Whole Genome Sequencing Technologies: Finding Guidance In Best Practice Standards, Matthew Joseph Westbrook
Transforming The Physician’S Standard Of Care In The Context Of Whole Genome Sequencing Technologies: Finding Guidance In Best Practice Standards, Matthew Joseph Westbrook
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Paying Docs For End-Of-Life Discussions: Can Monetary Incentives Change The Failures Inherent With Physician-Patient Communication?, Alexandra Dansicker
Paying Docs For End-Of-Life Discussions: Can Monetary Incentives Change The Failures Inherent With Physician-Patient Communication?, Alexandra Dansicker
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin
Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii
Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii
Saint Louis University Journal of Health Law & Policy
Holistic Medicine traces its provenance to the foundational value or chrism of the Society of Jesus of cura personalis which directs respect be given to all individuals and to their souls — especially whenever medical healing is required. Today, the notion of best patient care should include not merely attention to somatic issues of refractory pain management but, equally, to non-somatic or existential suffering. It is at the end-stage of life that palliative — as opposed to curative — care must be provided. When a condition is seen as medically futile, this Article advocates palliative or deep sedation — when …
The Uneasy Relationship Of Hobby Lobby, Conestoga Wood, The Affordable Care Act, And The Corporate Person: How A Historical Myth Continues To Bedevil The Legal System, Malcolm J. Harkins Iii
The Uneasy Relationship Of Hobby Lobby, Conestoga Wood, The Affordable Care Act, And The Corporate Person: How A Historical Myth Continues To Bedevil The Legal System, Malcolm J. Harkins Iii
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Consumer-Directed Healthcare By Any Other Name Would Be… Obamacare, Jeffrey B. Hammond
Consumer-Directed Healthcare By Any Other Name Would Be… Obamacare, Jeffrey B. Hammond
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Inclusion Of Pregnant Women In Clinical Research, Barbara A. Noah
The Inclusion Of Pregnant Women In Clinical Research, Barbara A. Noah
Saint Louis University Journal of Health Law & Policy
In the past three decades, there has been unprecedented growth in medical research utilizing human subjects, with much promise for new treatments that extend life, improve quality of life, and prevent disease and disability. Safe prescribing of drug therapies requires that researchers design clinical trials to test products for the benefit of all persons who are likely to utilize them, not just a limited population. For this reason, it is essential that clinical trials include women, pregnant women, children, and racial minorities, as appropriate, because these populations sometimes exhibit different patterns of response or adverse reactions.
Despite some significant progress …
Patient Registries: Patient Consent When Children Become Adults, Leslie P. Francis
Patient Registries: Patient Consent When Children Become Adults, Leslie P. Francis
Saint Louis University Journal of Health Law & Policy
No abstract provided.