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Health Law and Policy Commons™

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2005

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Institution
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Articles 181 - 210 of 307

Full-Text Articles in Health Law and Policy

Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch Jan 2005

Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch

William Mitchell Law Review

In the United States, about $160 billion is spent on prescription medicines each year, with Minnesotans spending about $3 billion. The costs of prescription medicines receive so much attention in large part because, although prescription medicine costs constitute only 10.5% of total health care spending, they account for 23% of the total out-of-pocket costs that people incur when purchasing health care. Minnesota has been a leader in controlling prescription medicine costs. It has aggressively used purchasing pools when possible, and encouraged the use of lower cost, generic prescription medicines when appropriate. Even with these efforts to control costs, prescription medicines …


Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson Jan 2005

Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson

William Mitchell Law Review

On June 21, 2004, the United States Supreme Court decided the health law “case of the year” in the two consolidated cases of Aetna Health, Inc. v. Davila and CIGNA HealthCare of Texas, Inc. v. Calad. The Court held that section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA) “completely preempt[s]” and thus invalidates the tort liability provisions of the Texas Health Care Liability Act (THCLA). The case could potentially affect the rights of millions of Americans in a matter of vital concern—whether they will receive the health insurance coverage promised them if they become unable to …


For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr Jan 2005

For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr

William Mitchell Law Review

This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …


Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer Jan 2005

Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer

William Mitchell Law Review

Who decides whether a drug can be used off-label and under what circumstances? If a physician decides to prescribe a drug off-label, what legal issues, if any, should the physician be aware of? With the increased practice of prescribing drugs for off-label use, coupled with a somewhat dated and incomplete medical negligence standard in Minnesota, the intersection of the off-label use doctrine with Minnesota’s medical negligence standard is ripe for review. This article examines the off-label use doctrine and the medical negligence standard under Minnesota law. First, the article examines what the phrase “off-label use” means. Next, the article explores …


Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss Jan 2005

Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss

William Mitchell Law Review

Inherited genetic disorders are a well-known cause of developmental delays in children. It is, therefore, “foreseeable” to physicians treating developmentally delayed children that parents of these children will rely on the physicians’ opinions of whether a genetic cause exists. Accordingly in 1992, when Dr. Diane Meier, a pediatrician, discovered developmental delays in S.F., the three-year-old daughter of Kimberly Flomer (now Molloy) and Robert Flomer, “accepted standards of pediatric practice” required Dr. Meier to order genetic testing, including testing for Fragile X Syndrome, one of the most common causes of inherited mental retardation. The foreseeable consequences of Dr. Meier’s alleged failure …


Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus Jan 2005

Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus

William Mitchell Law Review

This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …


Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo Jan 2005

Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.


Editors' Note, Kelly Rain, Kirk Herbertson Jan 2005

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa Jan 2005

The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.


The Millennium Development Goals And Hiv/Aids, J.C. Sylvan Jan 2005

The Millennium Development Goals And Hiv/Aids, J.C. Sylvan

Sustainable Development Law & Policy

No abstract provided.


World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner Jan 2005

World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner

Sustainable Development Law & Policy

No abstract provided.


Can State "Medical" Marijuana Statutes Survive The Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark Jan 2005

Can State "Medical" Marijuana Statutes Survive The Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark

University of Baltimore Law Review

No abstract provided.


Health As Foreign Policy: Between Principle And Power, David P. Fidler Jan 2005

Health As Foreign Policy: Between Principle And Power, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Conflicts Credentialing: Hospitals And The Use Of Financial Considerations To Make Medical Staffing Decisions, James W. Marks, Jayme R. Matchinski Jan 2005

Conflicts Credentialing: Hospitals And The Use Of Financial Considerations To Make Medical Staffing Decisions, James W. Marks, Jayme R. Matchinski

William Mitchell Law Review

The emerging practice of conflicts credentialing represents a significant change in the economic and professional interests of physicians and in the relationship between medical staffs and hospitals. In this article, the authors explain the interrelationship between the authority of hospitals and medical staffs to manage their respective affairs and the legal developments that have led toward conflicts credentialing. The authors next discuss the medical community’s reaction to conflicts credentialing and the legal challenges facing the use of economic factors in physician credentialing.


Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory Jan 2005

Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory

William Mitchell Law Review

This note explores the history behind the rising costs of medical malpractice insurance rates and the responsive state legislative proposals to limit noneconomic damages. The current state of health care liability and the recent federal proposals that include caps on noneconomic damages are then discussed. This note analyzes the reasons why the federal government should not cap noneconomic damages, primarily because: (1) states are better able to regulate health care, (2) noneconomic damages are not the determinate cause of rising medical malpractice insurance rates, and (3) caps infringe on equal protection guarantees by limiting compensation of medical malpractice victims. This …


Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck Jan 2005

Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck

William Mitchell Law Review

This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …


Gao Stresses Need For Federal Oversight Of State Use Of Contingency-Fee Consultants In Medicaid Financing, Susan E. Cancelosi Jan 2005

Gao Stresses Need For Federal Oversight Of State Use Of Contingency-Fee Consultants In Medicaid Financing, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.


New Cms Guidance On Medicare Part D Creditable Coverage Notice Offers Helpful Direction For Prescription Drug Plan Sponsors, Susan E. Cancelosi Jan 2005

New Cms Guidance On Medicare Part D Creditable Coverage Notice Offers Helpful Direction For Prescription Drug Plan Sponsors, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.


Revisiting Employer Prescription Drug Plans For Medicare-Eligible Retirees In The Medicare Part D Era, Susan E. Cancelosi Jan 2005

Revisiting Employer Prescription Drug Plans For Medicare-Eligible Retirees In The Medicare Part D Era, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.


Medical Code Blue Or Clue Light Special: Where Is The Market For Indigent Care, Peter J. Hammer Jan 2005

Medical Code Blue Or Clue Light Special: Where Is The Market For Indigent Care, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.


The Boundaries Of Medicare: Tensions In The Dual Role Of Ontario's Physician Services Review Committee, Colleen M. M. Flood, Joanna Erdman Jan 2005

The Boundaries Of Medicare: Tensions In The Dual Role Of Ontario's Physician Services Review Committee, Colleen M. M. Flood, Joanna Erdman

Articles, Book Chapters, & Popular Press

In this research, we describe and analyse the Physician Services Committee (PSC) in Ontario, focusing on its role in determining what physician services are publicly funded and what services are de-listed (i.e. no longer eligible for public funding). We explain how the PSC's role in determining the boundaries of Medicare is in tension with its role as a medium for labour relations between the government and the medical profession. We suggest that while the values of privacy, secrecy and a lack of transparency may enhance the PSC's fulfillment of its labour relations mandate, they impede the Committee's successful fulfillment of …


Volume 15 Issue 1 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 2005

Volume 15 Issue 1 (2005), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Executive Compensation In Nonprofit Health Care Organizations: Who's In Charge ?, A. L. (Lorry) Spitzer Jan 2005

Executive Compensation In Nonprofit Health Care Organizations: Who's In Charge ?, A. L. (Lorry) Spitzer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference ?, Maxine M. Harrington Jan 2005

Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference ?, Maxine M. Harrington

Health Matrix: The Journal of Law-Medicine

No abstract provided.


A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue Jan 2005

A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue

Law Faculty Publications

Cardiovascular diseases are major contributors to death, disability, disparities, and reduced quality of life in the United States. Successful prevention and control of these diseases requires a comprehensive approach applied across multiple public health settings and in all life stages. Individual lifestyle and behavior change, as well as the broader social, environmental, and policy changes that enable healthy lifestyles, are necessary. Legal strategies can be powerful tools in this endeavor. This review presents seven such strategies applicable at the federal, state, and local levels that can be employed by healthcare providers, public health practitioners, legislators, and other policymakers. They include …


Reaching Disclosure, Carl E. Schneider Jan 2005

Reaching Disclosure, Carl E. Schneider

Articles

It is easy to forget but crucial to remember that when lawmakers decide to regulate an activity, they must select a method. The law of bioethics particularly favors one method-requiring disclosure of information. The doctrine of informed consent obliges doctors to tell patients their treatment choices. The administrative law of research ethics insists that researchers warn subjects of the risks of experiments. The Patient Self-Determination Act compels medical institutions to remind patients about advance directives. The federal government's new privacy regulations instruct medical institutions to describe their privacy regime to patients. Not just the law of bioethics, but health law …


Reforming Child Protection: A Public Health Perspective, Marsha Garrison Jan 2005

Reforming Child Protection: A Public Health Perspective, Marsha Garrison

Faculty Scholarship

No abstract provided.


The Failure Of Community Beneift, John D. Colombo Jan 2005

The Failure Of Community Beneift, John D. Colombo

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Letter To The Editors Of Health Matrix -- Is Antidepressant Drug Discontinuation Warranted Prior To Polygraph Administration ?, J. R. Kuykendall Jan 2005

Letter To The Editors Of Health Matrix -- Is Antidepressant Drug Discontinuation Warranted Prior To Polygraph Administration ?, J. R. Kuykendall

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Is Justice For One Justice For All? The Dilemma Of Public Health Enforcement In An Interconnected World, John D. Blum Jan 2005

Is Justice For One Justice For All? The Dilemma Of Public Health Enforcement In An Interconnected World, John D. Blum

Faculty Publications & Other Works

No abstract provided.