Health Law and Policy Commons^™

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 …

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 …

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) …

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.

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.

Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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.

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.

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 …

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 …

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

California Regulatory Law Reporter

No abstract provided.

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, …

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.

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

Journal of Health Care Law and Policy

No abstract provided.

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

Journal of Health Care Law and Policy

No abstract provided.

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.

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.

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.

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.

Conjoined Twins: The Limits Of Law At The Limits Of Life, George J. Annas

Faculty Scholarship

Conjoined twins have been the subject of scientific exhibits, medical study, human curiosity, and even entertainment, but until the year 2000, conjoined twins had never been the subject of a courtroom battle. A unique case that was the subject of two British court decisions deserves study.1 The case illustrates the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions for children — particularly when parents and physicians disagree about what should be done.

The Merger Between Public Health And Health Law – The Us Situation, Wendy K. Mariner

Faculty Scholarship

Law is an essential tool for protecting the public’s health. It is often the law that turns public health science into public health action. Sanitation, clean air and water, universal vaccination, injury prevention, tobacco control, drug policy, and a vast array of other interventions are achieved through a complex web of local, provincial and national statutes, regulations and judicial cases. The Institute of Medicine in the United States defines public health as “what we, as a society, do collectively to ensure the conditions in which people can be healthy.” And society acts collectively most often through law.

Thus, the merging …

Exploitation Of The Elite: A Case For Physician Unionization, Dionne L. Koller

All Faculty Scholarship

Our intuition tells us that physicians are elites, and therefore they cannot be exploited. Relying on this intuition, we adopt policies which attempt to provide a health care system that gives first-quality care, at the lowest prices, delivered through a “free-market” system. As the key gatekeepers to health care, physicians are thus caught in the middle. Top-notch American health care costs money and for-profit MCOs must watch their bottom line. Rationing, therefore, is key. The issue is, assuming we have decided that free-market health care is the solution, how much should physicians have to sacrifice in the name of the …

Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder

Seattle University Law Review

The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …

Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan

Seattle University Law Review

The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …

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.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

For My Doctor's Eyes Only: Ferguson V. City Of Charleston, Sandi J. Toll

Loyola University Chicago Law Journal

No abstract provided.

Symposium: Health Care And The Constitution -- Introduction, Sharona Hoffman

Health Matrix: The Journal of Law-Medicine

No abstract provided.