Health Law and Policy Commons^™

Commentary: Racial Disparities In Health Care, Timothy S. Jost

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Matter Of Priority: Transplanting Organs Preferentially To Registered Donors, Adam Kolber

Faculty Scholarship

No abstract provided.

Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig

Cardozo Law Review

No abstract provided.

Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller

All Faculty Scholarship

Despite the emergence of managed health care and the resulting dramatic change in the role of the third-party payer in the physician-patient relationship, the liability standards applied to physicians largely have remained unchanged. This has created a tension between physicians' legal and ethical obligations, and the requirements imposed on the physician by managed health care. Specifically, the issue confronts the physician in the context of malpractice liability. Managed Care Organizations impose a significant amount of control over the way physicians practice medicine, often forcing physicians to ration care. Notwithstanding any beneficial cost savings that might result, this approach subjects the …

What Atkins Could Mean For People With Mental Illness, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected from imposition of the death penalty. In labeling execution of people with mental retardation cruel and unusual, the Atkins majority stressed that mentally retarded people who kill are less blameworthy and less deterrable than the average murderer, an assertion that can also be made about people with severe mental illness. As it had in previous eighth amendment cases, however, the Court also relied heavily …

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

Articles

The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …

Bodily Integrity And Informed Choice In Times Of War And Terror, George J. Annas

Faculty Scholarship

Law is the dominant force behind American medical ethics, and has been for at least the past half-century. That ' lawyers and judges, rather than physicians, have set the agenda for medical ethics in the United States is a bit surprising to many in the field of medical ethics, but it should not be. Medicine has historically been based on paternalism. The Hippocratic physician was obligated to act in the best interests of the patient-as the physician judged those interests-and to "do no harm." American law, on the other hand, is based on liberty and justice, principles that, among other …

Correctional Mental Health Law And Policy: A Primer, Fred Cohen

University of the District of Columbia Law Review

No abstract provided.

Monitoring The Quality And Utilization Of Mental Health Services In Correctional Facilities, Clarence J. Sundram

University of the District of Columbia Law Review

Explosive growth in the population of seriously mentally ill inmates in prisons has created new demands for mental health services. Increased public expenditures for such services require increased accountability. This article identifies essential elements of an adequate system of mental health care in a correctional environment. It describes the common areas of vulnerability when the adequacy of correctional mental health services is challenged in court. It proffers several arguments in favor of a proactive program of monitoring the adequacy of mental health services in correctional facilities. Finally, the paper suggests specific areas and methods for monitoring both by internal quality …

The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions. Symposium Introduction, H. Russell Cort, Arlene L. Robinson

University of the District of Columbia Law Review

No abstract provided.

Mental Health And Incarceration: What A Bad Combination, Olinda Moyd

University of the District of Columbia Law Review

The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …

Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay

University of the District of Columbia Law Review

No abstract provided.

Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer

University of the District of Columbia Law Review

No abstract provided.

Suicide In Jails And Prisons: What The Numbers Tell Us, Karen L. Cropsey

University of the District of Columbia Law Review

Suicide is often the most common cause of death in correctional settings across the world. The World Health Organization (WHO) recently published a report stating that suicide "is a public health problem that demands our attention."' Across the world, one suicide attempt is made every three seconds, with one completed suicide every minute. More people die across the world from suicide than by armed conflict. The risk factors for suicide include being a young or elderly male, being indigenous, being an individual with a mental illness or substance abuse history, and being incarcerated or in custody. Further, individuals who have …

Is Community Care A Civil Right? The Unfolding Saga Of The Olmstead Decision, Randy Desonia

National Health Policy Forum

This paper lays the groundwork for understanding the implications of the historic U.S. Supreme Court decision in the case of Olmstead v. L.C., which has far-reaching consequences for the long-term care of people with disabilities. The paper reviews the critical components influencing the case: the Medicaid program’s role in funding community-based long-term care; the Americans with Disabilities Act, which serves as the statutory basis for the decision; and the Court’s legal reasoning. The paper also describes the federal and state responses to the ruling and concludes with a brief discussion of some legal issues that will be debated in the …

Who Will Pay For The Adverse Events Resulting From Smallpox Vaccination? Liability And Compensation Issues, Robin J. Strongin, Eileen Salinsky

National Health Policy Forum

This paper summarizes liability and compensation concerns surrounding the smallpox vaccination program announced by President Bush on December 13, 2002. The paper examines the nature of adverse health events that are likely to occur in connection with the smallpox vaccine, assesses the liability protections that have been established for organizations and individuals participating in the vaccination program, and discusses the compensation mechanisms being considered to address the damages incurred by volunteers who may suffer from adverse vaccine reactions. Specifically, the implications of the Federal Tort Claims Act, workers’ compensation programs, and the creation of a new no-fault compensation fund are …

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of …

Achieving The Right Balance In Oversight Of Physician Opioid Prescribing For Pain: The Role Of State Medical Boards, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

No abstract provided.

Drug Regulations And The Constitution After Western States, Margaret Gilhooley

University of Richmond Law Review

No abstract provided.

Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan

Faculty Scholarship

The global move towards a trade regime has been impeded by challenges of poverty and health crisis for the developing nations. Until now, the developed nations have touted the establishment of a trade regime as envisaged under TRIPS as the solution for the national challenges. This paper examines the effectiveness of TRIPS as a mechanism to move towards a trade regime. It argues that the patent policy in TRIPS cannot gear the world towards patent harmonization but can potentially adversely impact the developed nations and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing …

Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases (With E. Zuiker), Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Reasonable Modification Or Fundamental Alteration? Recent Developments In Ada Caselaw And Implications For Behavioral Health Policy, Sara J. Rosenbaum, Joel B. Teitelbaum, D. Richard Mauery, Alexandra M. Stewart

Center for Integrated Behavioral Health Policy

No abstract provided.

The Case For National Dna Identification Cards, Ben Quarmby

Duke Law & Technology Review

Foes of the United States have demonstrated their ability to strike at the heart of this country. Fear of renewed attacks and a desire for greater national security have now prompted many to call for improvements in the national personal identification system. In particular, the possibility of a national identification card containing the carrier's DNA information is being seriously considered. However, this raises difficult questions. Would such a card system, and the extraction of individuals' DNA it entails, violate the 4th Amendment of the Constitution? This article will show that such a card system could in fact be found to …

Converging On Nursing Home Quality, Lisa Sprague

National Health Policy Forum

This paper looks at nursing home quality initiatives, built around public reporting of quality data, that have been inaugurated by the Centers for Medicare and Medicaid Services and the California HealthCare Foundation. How the projects were developed is explored, along with preliminary indicators of their impact on consumers and providers and likely next steps in their evolution.

Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

What Makes Genetic Discrimination Exceptional?, Deborah Hellman

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 11, No. 1, Fall 2003

Law & Health Care Newsletter

No abstract provided.

Law & Health Care Newsletter, V. 10, No. 2, Spring 2003

Law & Health Care Newsletter

No abstract provided.

The Tenuous Nature Of The Medicaid Entitlement, Timothy Stoltzfus Jost

Scholarly Articles

Though Medicare was from the outset an entitlement under federal law, the status of Medicaid has always been less certain. Arguably, it was the Supreme Court, rather than Congress that first recognized that Medicaid recipients (and providers) could sue the states in federal court to enforce federal Medicaid requirements. A recent widely reported federal court decision, however, called radically into question the continuing existence of a federal Medicaid entitlement. Though this decision has now been reversed, and rejected by other courts, it illustrates the tenuous nature of the Medicaid entitlement, and the need to reconstitute Medicaid as an exclusively federal …

Foreword, Larry Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.