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Health Law and Policy Commons™

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2001

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Institution
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Articles 91 - 120 of 247

Full-Text Articles in Health Law and Policy

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez Jan 2001

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.

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Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost Jan 2001

Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost

Scholarly Articles

In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.

In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …

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Criminal Prosecution For Hmo Treatment Denial, John A. Humbach Jan 2001

Criminal Prosecution For Hmo Treatment Denial, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …

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Front Matter Jan 2001

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 14, Issue 1, Fall 2001.

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Are Medical Ethics Different From Legal Ethics?, Mervin H. Needell Jan 2001

Are Medical Ethics Different From Legal Ethics?, Mervin H. Needell

St. Thomas Law Review

In this paper I shall compare and contrast some relevant ethical positions of legal and medical precepts and practices which seem to suggest or predispose to a professional bias. I derive these conclusions from official positions contained in institutional accounts, such as case law or treatises. Even if such comparisons do not make a convincing case for professional bias, they should still provide some insight into the ways in which the thought processes of lawyers and doctors do or do not differ. Although the words "moral" and "ethical" are often used interchangeably, if a distinction must be made here, I …

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Evaluation Of Florida’S Sub-Acute Inpatient Psychiatric Program (Sipp), Kristen M. Snyder, Angela Gomez, Mary L. Armstrong, Kathy Thompson-Dailey, Tom Massey Jan 2001

Evaluation Of Florida’S Sub-Acute Inpatient Psychiatric Program (Sipp), Kristen M. Snyder, Angela Gomez, Mary L. Armstrong, Kathy Thompson-Dailey, Tom Massey

Mental Health Law & Policy Faculty Publications

In March 1998, the State of Florida received approval of a 1915 (b) waiver from the Health Care Financing Administration (HCFA) to implement an alternative, Sub-acute Inpatient Psychiatric Program (SIPP) for children under the age of 18, who had two or more psychiatric inpatient stays in a year, or a length of stay greater than thirteen days. For these high risk youth, who were typically served in general hospitals, the SIPP model was designed to improve the transition from inpatient care to community based care, in an effort to reduce the high rates of readmission and improve their chances of …

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Research Across Multiple Systems: Probabilistic Population Estimation (Ppe), Diane Haynes, Rebecca Larsen, Shabnam Mehra Jan 2001

Research Across Multiple Systems: Probabilistic Population Estimation (Ppe), Diane Haynes, Rebecca Larsen, Shabnam Mehra

Mental Health Law & Policy Faculty Publications

Today, social service administrators are examining client service utilization using cross system analysis, because often a client's needs require accessing governmentfunded services from multiple organizations. One technical problem that arises is that organizations do not share common unique identifiers from which to link one individual’s information together (i.e., system #1 uses Social Security Number (SSN) and system #2 uses Personal Identification Number (PIN)). Different methods have been employed to deal with the issue of working with information across data sets when there is no common unique identifier. Probabilistic Population Estimation (PPE), Caseload Segregation/Integration Ratio (C/SIR), and Probabilistic Population Matching (PPM) …

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Lack Of Access To Hiv/Aids Drugs In Developing Countries: Is There A Violation Of The International Human Right To Health?, Barbara Cochrane Alexander Jan 2001

Lack Of Access To Hiv/Aids Drugs In Developing Countries: Is There A Violation Of The International Human Right To Health?, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

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Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii Jan 2001

Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii

Journal of Health Care Law and Policy

No abstract provided.

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Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks Jan 2001

Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks

UIC Law Review

No abstract provided.

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Paradox On The High Seas: Evasive Standards Of Medical Care - Duty Without Standards Of Care; A Call For The International Regulation Of Maritime Healthcare Aboard Ships, 34 J. Marshall L. Rev. 751 (2001), Thomas A. Gionis Jan 2001

Paradox On The High Seas: Evasive Standards Of Medical Care - Duty Without Standards Of Care; A Call For The International Regulation Of Maritime Healthcare Aboard Ships, 34 J. Marshall L. Rev. 751 (2001), Thomas A. Gionis

UIC Law Review

No abstract provided.

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Merits Of Ratifying And Implementing The Cartagena Protocol On Biosafety, Jonathan A. Glass Jan 2001

Merits Of Ratifying And Implementing The Cartagena Protocol On Biosafety, Jonathan A. Glass

Northwestern Journal of International Law & Business

In a meeting in Cartagena, Colombia in February 1999, parties to the CBD, known as the Conference of the Parties ("COP"), could not agree on the proposed biosafety protocol drafted in prior meetings.3 However, in January 2000, in a meeting in Montreal, the parties to the CBD finally adopted the draft protocol, naming it the Cartagena Protocol on Biosafety ("Cartagena Protocol or Protocol"). 4 When the Cartagena Protocol opened for signature at the CBD's COP meeting in Nairobi in May 2000, sixty-four governments and the European Union signed the Protocol . Presently, eighty-one parties have signed the Protocol, while only …

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Washington V. Glucksberg: Influence Of The Court In Care Of The Terminally Ill And Physician Assisted Suicide, Philip King Jan 2001

Washington V. Glucksberg: Influence Of The Court In Care Of The Terminally Ill And Physician Assisted Suicide, Philip King

Journal of Law and Health

This Note will examine current issues pertaining to the medical care of the terminally ill individual, particularly with respect to palliative care and how the continuum of medical care incorporates the voluntary termination of a patient's life. Part II of this Note will look at the decision reached in Washington v. Glucksberg, and how the Supreme Court has contributed to the molding of care for the terminally ill. Part III will review relevant aspects of end of life care concepts and their relationship and impact upon the assisted suicide alternative. Any analysis of physician assisted suicide must include the evolution …

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Genomic Medicine: The Human Genome Project From A Healthcare Provider's Perspective, Georgia Wiesner Jan 2001

Genomic Medicine: The Human Genome Project From A Healthcare Provider's Perspective, Georgia Wiesner

Journal of Law and Health

But the Human Genome Project from my point of view as a healthcare provider has really been on what advantages and what advances can we be able to provide from that. So we really learned a lot about how genes work, how they talk together and how we actually have both health and disease as a consequence of the Human Genome Project. So really understanding this complex interaction is one of the most exciting things as well. What this really has done for healthcare is allowed us to individualize our healthcare. To be able to say for one person against …

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Legislation And Genetic Discrimination, Sharona Hoffman Jan 2001

Legislation And Genetic Discrimination, Sharona Hoffman

Journal of Law and Health

State legislation addresses genetic discrimination in both employment and health insurance. Thirty-one states have passed laws that address genetic discrimination in employment. Approximately thirteen states prohibit employers from requiring applicants to undergo genetic testing as a condition of employment. Some states have more limited restrictions. Florida prohibits only the screening of applicants for the sickle-cell trait. Wisconsin requires employers to obtain written and informed consent from applicants prior to administering genetic tests, but does not preclude their utilization altogether. Some states establish exceptions that permit genetic testing that is job-related or that is conducted, with the employee's written and informed …

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The Application Of Universal Human Rights Law To People With Mental Disabilities, Debra Benko, Brittany Benowitz Jan 2001

The Application Of Universal Human Rights Law To People With Mental Disabilities, Debra Benko, Brittany Benowitz

Human Rights Brief

No abstract provided.

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The Power Imbalance Between Man And Women And Its Effects On The Rampant Spread Of Hiv/Aids Among Women, Julie L. Andreeff Jan 2001

The Power Imbalance Between Man And Women And Its Effects On The Rampant Spread Of Hiv/Aids Among Women, Julie L. Andreeff

Human Rights Brief

No abstract provided.

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Dental Board Of California, Collette C. Galvez, Peter Sansom Jan 2001

Dental Board Of California, Collette C. Galvez, Peter Sansom

California Regulatory Law Reporter

No abstract provided.

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The Affordable Prescription Drugs Act: A Solution For Today's High Prescription Drug Prices , John D. Pinzone Jan 2001

The Affordable Prescription Drugs Act: A Solution For Today's High Prescription Drug Prices , John D. Pinzone

Journal of Law and Health

This article will discuss a recently proposed bill, The Affordable Prescription Drugs Act (APDA), and how it will attempt to strike a balance between reducing prices to make essential drugs more available and affordable, and working with pharmaceutical companies to make sure they profit and invest their money into research and development of new essential drugs. It argues that the APDA increases competition in the market place, thus reducing the price of prescription drugs, while still allowing pharmaceutical companies to profit from their inventions. In reaching this conclusion this article examines the bill itself, how to define an essential drug, …

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The Stifling Of Competition By The Antitrust Laws: The Irony Of The Health Care Industry, John A. Powers Jan 2001

The Stifling Of Competition By The Antitrust Laws: The Irony Of The Health Care Industry, John A. Powers

Journal of Law and Health

The text to follow is intended to provide an overview of the legal basis for the imbalance of power currently inherent to the health care industry, suggesting several reasons for its development. It also provides an outline of the current basis for antitrust liability in this country and describes some possible solutions. The most practical and effective means through which to rectify this imbalance would be to enact new federal legislation that would amend the antitrust laws to allow for limited "unionization" of independently practicing physicians for collective bargaining purposes.

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Federal Law Enforcement In Long Term Care, Marie-Therese Connolly Jan 2001

Federal Law Enforcement In Long Term Care, Marie-Therese Connolly

Journal of Health Care Law and Policy

No abstract provided.

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The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs Jan 2001

The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs

Journal of Health Care Law and Policy

No abstract provided.

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The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp Jan 2001

The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp

Journal of Health Care Law and Policy

No abstract provided.

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Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan Jan 2001

Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan

Journal of Health Care Law and Policy

No abstract provided.

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Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa Jan 2001

Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa

Journal of Health Care Law and Policy

No abstract provided.

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Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan Jan 2001

Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan

Journal of Health Care Law and Policy

No abstract provided.

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Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser Jan 2001

Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser

Michigan Journal of Race and Law

This Article links unscientific, race-based medical research to a broader, institutionalized pattern of racial profiling of Blacks in clinical decision-making. Far from providing a solution to the problem of racial health disparities, this Article shows that race-based health research fuels a collection of dubious background assumptions, creates a negative profile of Black patients, and reinforces taken-for-granted knowledge that leads to inferior medical treatment. This form of racial profiling is unjust, and also causes countless unnecessary deaths in the Black population.

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Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler Jan 2001

Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler

Articles

This article will explore conflicts of interest in the context of clinical research, focusing on the incentives and practices that foster such conflicts. Part I will briefly define and categorize the revenue streams at play in clinical research—both contemporaneous with the clinical trial, and the downstream, long-term gains available to the researcher and research university. Part II will discuss how these entangled revenue streams result in financial and non-financial conflicts of interest that affect the nature and balance of the research enterprise and potentially endanger patients and human subjects. Part III will summarize current conflicts of interest regulations and policies, …

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Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur Jan 2001

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review (1956 - )

No abstract provided.

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Male And Female Genital Alteration: A Collision Course With The Law?, Dena S. Davis Jan 2001

Male And Female Genital Alteration: A Collision Course With The Law?, Dena S. Davis

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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