Health Law and Policy Commons^™

Board Of Registered Nursing, M. Roth

California Regulatory Law Reporter

No abstract provided.

Board Of Examiners In Veterinary Medicine, A. Nations

California Regulatory Law Reporter

No abstract provided.

Osteopathic Medical Board Of California, H. Bryan

California Regulatory Law Reporter

No abstract provided.

Board Of Chiropractic Examiners, E. Finelli

California Regulatory Law Reporter

No abstract provided.

Solving The Kidney Shortage Crisis Through The Use Of Non-Heart-Beating Cadaveric Donors: Legal Endorsement Of Perfusion As A Standard Procedure, Marla K. Clark

Indiana Law Journal

No abstract provided.

Regulating Viatical Settlements: Is The Invisible Hand Picking The Pockets Of The Terminally Ill?, Russell J. Herron

University of Michigan Journal of Law Reform

The newly emerging viatical settlement industry has attracted considerable attention from both insurance regulators and advocates for the terminally ill. In a viatical settlement, a terminally ill person names a viatical settlement company as beneficiary under his life insurance policy in exchange for an immediate lump-sum cash payment of less than face value of the policy. To date, viatical settlement payments to people with AIDS (PWAs) have been disturbingly low as a percentage of the face value of PWA policies. This Note examines the few enacted viatical settlement regulations and the National Association of Insurance Commissioners' model regulations as they …

Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee

University of Michigan Journal of Law Reform

Scientists are concluding that the risk of becoming infected with the virus that causes AIDS based on transmission from an infected health care worker is infinitesimal: in fact, only one health care worker has ever been documented as the source of HN transmission to a patient. This Article sets forth the medical evidence concerning this low risk and argues that legal decision making should incorporate these facts into its analysis of legal problems involving HN-infected health care workers. The Article analyzes three areas of such legal decision making: (1) employment and related credentialing of HN-infected health care workers; (2) liability …

Firing The First Lady: The Role And Accountability Of The Presidential Spouse, Carl D. Wasserman

Vanderbilt Law Review

The First Lady is asked by her husband to head a task force to assist him in developing health care policy. The fear of outside influence sparks the task force to meet in secrecy. The Federal Advisory Committee Act, however, forbids closed meetings of this type unless all members of the committee are officers or employees of the federal government. May the meetings be kept secret despite the First Lady's presence?

Immediately after leaving the White House, the First Lady is hired to lobby for Columbia/HCA, a major health care corporation. Illegal?

The chairman of a large corporation meets with …

Mid-Atlantic Ethics Committee Newsletter, Spring 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

The Biological Alteration Cases, Sheldon Gelman

William & Mary Law Review

No abstract provided.

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.

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 …

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

Indiana Law Journal

No abstract provided.

The Protection Of Privacy In Health Care Reform, Paul M. Schwartz

Vanderbilt Law Review

Legal regulation of the privacy of medical information is now at a critical stage. Americans are highly concerned about the processing and use of their personal data. Over three-quarters of the public currently believes that the individual has lost control of how personal information is circulated and applied by companies., Indeed, a recent poll reveals that those who know the most about the current protection of medical information-physicians, heads of medical societies, health insurers, and hospital CEOs-are also the most concerned about threats to personal privacy.

Social concern about the threat to informational privacy has resulted in strong approval for …

In Search Of A Bright Line: Determining When An Employer's Financial Hardship Becomes "Undue" Under The Americans With Disabilities Act, Steven B. Epstein

Vanderbilt Law Review

The employment provisions of the Americans with Disabilities Act have been fully effective since July 26, 1994. These provisions require all employers with fifteen or more employees to reasonably accommodate the disabilities of job applicants and employees. Reasonable accommodation can be very expensive: one in every twenty accommodations now being made costs more than $5,000. Although the ADA permits employers to refuse to make accommodations that would cause an "undue hardship," neither the statute nor its implementing regulations provide meaningful guidance regarding how great an accommodation expense must be before the point of "undue hardship" is attained. Consequently, neither employers …

Nonprofit Hospital Mergers And Section 7 Of The Clayton Act: Closing An Antitrust Loophole, Laura L. Stephens

Faculty Scholarship

Nonprofit hospitals developed out of the charitable hospital movement, which began in the mid-nineteenth century.' The early voluntary hospitals depended upon local benefactors for financing.² Originally conceived as charitable institutions providing long-term care, these hospitals began to change their focus around the turn of the century.³ A changed mission-providing care to all rather than just poor inpatients with chronic problems-required the latest medical technology.⁴ This in turn demanded increased construction of up-to-date facilities, as well as large operating expenses.

Recent years have seen further pressure on hospital budgets, as the health-care sector of the economy has become …

Special Issues In Bioethics And The Law, Alexander Morgan Capron, Elizabeth Loftus, David Orentlicher, Daniel Callahan

University of Richmond Law Review Symposium

"Genetics and Insurance Discrimination" lecture given by Alexander Morgan Capron, Henry W. Bruce University Professor of Law and Medicine, Co-Director of the Pacific Center for Health Policy and Ethics at University of Southern California.

"The Repression of Memory Controversy" lecture given by Elizabeth Loftus, Professor of Psychology and Adjunct Professor Law at the University of Washington, Seattle.

"Healthcare Reform: Threats to the Patient/Physician Relationship" lecture given by David Orentlicher, Director of the Division of Medical Ethics at the American Medical Association.

"Healthcare and Medical Progress: Can We Afford It?" lecture given by Daniel Callahan, Co-Founder and President of the Hastings …

Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins

Faculty Scholarship

No abstract provided.

Domestic Violence And Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen J. Paskey, Melissa M. Reuland, Sheryl I. Zimmerman, Richard L. North

Faculty Scholarship

Current public health policy encourages partner notification to protect those at risk of HIV infection. Provider experiences with partner notification, domestic violence, and women with HIV compel a reassessment of this strategy. In a survey of 136 health care providers in Baltimore, substantial numbers reported knowledge of their HIV-infected patients’ experiences with domestic violence before and after partner notification. Providers believed that fear of physical abuse, emotional abuse, and abandonment are important reasons why many female patients resist partner notification. Provider opposition to partner notification was strong in cases where female patients faced a risk of domestic violence. The realization …

Law & Health Care Newsletter, V. 1, No. 5, Spring 1995

Law & Health Care Newsletter

No abstract provided.

Law & Health Care Newsletter, V. 2, No. 1, Fall 1995

Law & Health Care Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Child Health Supervision: Analytical Studies In The Financing, Delivery, And Cost-Effectiveness Of Preventive And Health Promotion Services For Infants, Children, And Adolescents, Michele R. Solloway, Peter Budetti

Center for Health Policy Research

Contents: Financing and Delivery of Child Health Supervision Services (An Overview of Health Insurance Coverage and Access to Child Health Supervision Services, Private Health Insurance Coverage of Preventive Benefits for Children, A 20-Year Retrospective of Child Health Supervision in Ambulatory Pediatric Settings, Ensuring Adequate Health Care Benefits for Children and Adolescents); Child Health Supervision Services and Medicaid (Informing State Medicaid Providers about EPSDT, Barriers to Full Participation in EPSDT and Possible Strategies for the Maternal and Child Bureau, Medicaid Managed Care: A Briefing Book on Issues for Children and Adolescents; State Implementation of OBRA '89 EPSDT Amendments within Medicaid Managed …

Physician Recruitment After Hermann Hospital, Robert C. Louthian Iii, Elizabeth M. Mills

Annals of Health Law and Life Sciences

The state of physician recruitment changed after the Internal Revenue Service required Hermann Hospital to publish its closing agreement with the IRS. The closing agreement released the long-awaited IRS "Hospital Physician Recruitment Guidelines." The IRS' recently proposed revenue ruling provides additional insight on acceptable physician recruitment practices as well.

The Government's Best Offense Is Deference: The Decision Of The Supreme Court In Shalala V. Guernsey Memorial Hospital, Robert L. Roth

Annals of Health Law and Life Sciences

The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles. According to the sharp dissent in this case, this policy, set forth in a manual provision, contradicts federal regulations.

Health Care Advance Directives: The Next Generation, Linda S. Whitton

Law Faculty Publications

No abstract provided.

The Classroom As Shop Floor: Images Of Work And The Study Of Labor Law, C. John Cicero

Publications and Research

No abstract provided.