Health Law and Policy Commons^™

The Use Of Tandem Mass Spectrometry In Newborn Screening: Australia's Experience And Its Implications For United States Policy, Lauren E. Fisher

Washington International Law Journal

In recent years, the United States has drastically increased the number of disorders screened through its newborn screening programs. This increase is made possible by the adoption of new a technology, the tandem mass spectrometer (“MS/MS”), which allows screening of up to thirty disorders from a single drop of a newborn’s blood. However, such rapid expansion of screening raises concerns regarding the purpose of the screening, as well as the current practices in place for obtaining informed consent. Similar expansion in Australia provides a model of one approach to address these difficult questions. As the first country to begin using …

Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty

Washington International Law Journal

Acquired Immune Deficiency Syndrome (“AIDS”) has emerged as a health issue of global significance, and clinical research on Human Immunodeficiency Virus (“HIV”) and AIDS has become increasingly international in scope. A clinical trial of a vaccine designed to prevent the spread of the HIV raises important legal and ethical questions because injection drug users who were believed to be unsuitable subjects for study in the United States were singled out for research in Thailand. The protections for human subjects must not be compromised when U.S. pharmaceutical companies conduct research abroad, particularly where clinical trials are conducted in vulnerable populations. U.S. …

The Vaccine Industry: Does It Need A Shot In The Arm?, Eileen Salinsky, Cole Werble

National Health Policy Forum

This paper broadly examines the scientific, regulatory, and economic factors that contribute to constrained vaccine production capacity, periodic vaccine shortages, and perceptions of inadequate investment in new vaccine product development. It describes the vaccine development and production processes and summarizes how regulatory requirements influence these activities. Market dynamics related to vaccine supply and demand are also explored, including an examination of the industry’s cost structure, potential market size, and purchaser price sensitivity. A broad range of policy interventions designed to address shortcomings of the vaccine market are considered.

“A Modest Proposal”: Universal Cesarean Section To Reduce Professional Liability Costs, James A. Greenberg, Katherine E. Economy, Andrew W. Beckwith, Jeffrey L. Ecker

ExpressO

ABSTRACT OBJECTIVE: To model the effect of universal cesarean delivery on professional liability costs.

STUDY DESIGN: We examined all obstetric professional liability claims covered by a single insurer between January 1, 1990 and December 31, 2000. We reviewed each case to determine if an alternate route of delivery might reasonably have prevented the lawsuit. Costs were calculated by adding the cost of processing the claim, the legal defense, the settlement payments and/or the actuarially derived adjustments. Using a 20% cesarean rate as our baseline, we modeled the effect on liability costs of cesarean delivery in all patients.

RESULTS: There were …

Newsletter, Winter 2006

Newsletter

No abstract provided.

Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez

Faculty Scholarship

No abstract provided.

Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit

Faculty Scholarship

No abstract provided.

Our Broken Health Care System And How To Fix It: An Essay On Health Law And Policy, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

Rising Health Care Costs, Mary M. Pozarycki

Annals of Health Law and Life Sciences

No abstract provided.

Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

Massachusetts Universal Health Insurance Takes Bold New Step, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

How California Can Help Those Without Health Insurance, Sandy Dawes

McGeorge Law Review

No abstract provided.

Who Should Determine What Is Best For Children In State Custody Who Object To Psychotropic Medication?, Stephen A. Talmadge

Annals of Health Law and Life Sciences

This article explores a child's right to refuse medical treatment, in contrast to giving the state or the parents this choice. The article specifically explores a child's right to refuse psychotropic drugs, which are more limiting of personal liberty than physical restraints and can have long-lasting side effects. With a focus on children's competence and the significant side effects of psychotropic drugs, the author concludes that caseworkers do not know the best interests of children in state custody and thus adolescents should be allowed to make their own decisions about psychotropic medications.

The Legal Ramifications Of Best Practices In Health Care, Kevin Rasp

Annals of Health Law and Life Sciences

No abstract provided.

Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …

Foreword, Ann Meckstroth, John Blum

Annals of Health Law and Life Sciences

No abstract provided.

Conscience Clauses And Oral Contraceptives: Conscientious Objection Or Calculated Obstruction?, Mary K. Collins

Annals of Health Law and Life Sciences

This article examines the ethical and legal implications of conscience clauses, which allow pharmacists to refuse to fill prescriptions for oral contraceptives due to their belief that they may constitute abortifacients. The author provides an informative background on contraception and the history of how abortion has been viewed in this country, then takes a critical look at some of the conscience laws already in existence, using a bioethical framework to examine them. She concludes by providing suggestions to reduce the negative ethical implications resulting from the enactment of conscience clauses.

The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax

Annals of Health Law and Life Sciences

This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines. The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research.

Is Obesity Really The Next Tobacco? Lessons Learned From Tobacco For Obesity Litigation, Brooke Courtney

Annals of Health Law and Life Sciences

This article draws important lessons from the history of tobacco litigation that can be applied to the current obesity problem in the United States. The author's close analysis of potential issues surrounding the obesity problem in this country yields the conclusion that litigation alone may not be the best answer. Her article offers a compelling perspective on the history of tobacco litigation, a thorough analysis of the issues surrounding the obesity problem and several potential perspectives on dealing with the situation at hand.

The Fundamental Law That Shapes The United States Health Care System: Is Universal Health Care Realistic Within The Established Paradigm?, William P. Gunnar

Annals of Health Law and Life Sciences

In this article, the author draws from his own experience as a doctor in describing the issues the uninsured patient population faces. Pointing out that neither the U.S. Constitution nor case law provides a positive right to health care, the author describes the parameters of federal health care funding and ultimately concludes that universal health care cannot be fully achieved in the U.S.

Greenberg V. Miami Children's Hospital: Unjust Enrichment And The Patenting Of Human Genetic Material, Debra L. Greenfield

Annals of Health Law and Life Sciences

Individuals and societal groups are questioning the practice of patenting human genetic material in the context of medical research and health care where diverse ethical, social, and political objections are being raised by critics. A recent case provides a broad legal theory, the common law cause of action, unjust enrichment, and a precedent for challenging the commercialization and patenting of human genetic material.

Moral Hazard In Health Insurance: Are Consumer-Directed Plans The Answer?, Douglass Farnsworth

Annals of Health Law and Life Sciences

The concept of moral hazard in relation to health insurance is an area that has both haunted and fascinated economists, policy-makers, and payers almost since the first health insurance plans were offered by employers. Through the years since Kenneth Arrow's groundbreaking work in 1963, the health care industry has been looking for the proper level of cost-share for patient insureds that will affect their health care choices. The approach of some newer plan offerings, termed 'consumer-directed' or 'consumer-driven' plans by their promoters, seem to have the potential of affecting moral hazard in health insurance.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Ann Meckstroth, John Blum

Annals of Health Law and Life Sciences

No abstract provided.

Reconceptualizing Elder Abuse: Treating The Disease Of Senior Community Exclusion, Donna Schuyler, Bryan A. Liang

Annals of Health Law and Life Sciences

This article focuses on the phenomenon of elder abuse, which is one of the paramount symptoms of the larger community's failure to address the social, medical, and legal needs of the senior populace. Although there have been multidisciplinary efforts to address this problem, they are not responsive to the needs of the senior population itself. In response, the authors propose a model that takes into account the specific concerns of local senior communities and provides seniors and their stakeholder providers a stable infrastructure to ensure open, consistent, and effective participation and delivery of services.

Transcribed Speech Of Professor John D. Blum, John D. Blum

Annals of Health Law and Life Sciences

No abstract provided.

Efficiencies In Health Care Regulation: Observations Near And Far, John D. Blum

Annals of Health Law and Life Sciences

No abstract provided.

Transcribed Speech Of Joan Polacheck, Joan Polacheck

Annals of Health Law and Life Sciences

No abstract provided.

Transcribed Speech Of David L. Woodrum, David L. Woodrum

Annals of Health Law and Life Sciences

No abstract provided.

Transcribed Speech Of Troyen Brennan, Troyen Brennan

Annals of Health Law and Life Sciences

No abstract provided.