Health Law and Policy Commons^™

Overriding Mental Health Treatment Refusals: How Much Process Is "Due"?, Samuel Jan Brakel

ExpressO

No abstract provided.

Of Elephants And Embryos: A Proposed Framework For Legal Personhood, Jessica Berg

ExpressO

No abstract provided.

Doomsday: A Look At The Ethical Issues Behind The Government's Coercive Powers In Response To A Public Health Nightmare., Jacob M. Chapman

ExpressO

This article posits a hypothetical scenario in which a deadly pandemic is unleashed upon the United States and the several individuals whom appear to have a natural immunity refuse to participate in necessary research. The article then examines the possible legal and ethical approaches available for reacting to the pandemic.

The hypothetical scenario addressed in this article highlights a gap in current public health law. While various states have laws and procedures relating to quarantine and forced inoculation, these laws and procedures do not suggest whether the state may or may not coerce non-threatening individuals into participating in potentially dangerous …

Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse

Annals of Health Law and Life Sciences

This article explores a recent Wisconsin Court of Appeals decision in a medical malpractice case and its ramifications regarding Wisconsin's informed consent statute. The authors compare and contrast this decision with previous Wisconsin Supreme Court cases and consider the relevance of applicable federal law. The article presents a thoughtful analysis of how the Wisconsin Court of Appeals should have approached the issue, as well as how it created potential conflicts regarding the ethical duties of healthcare providers treating children.

Transcribed Speech Of Dr. Paul Schyve, Paul Schyve

Annals of Health Law and Life Sciences

No abstract provided.

Collateral Damage: The Aftermath Of The Political Culture Wars In Schiavo, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Collateral Damage: The Aftermath of the Political Culture Wars in Schiavo, 29 Western New England Law Review 279 (2007). Theresa Marie Schiavo died a celebrity at the age of 42 in Pinellas Park, Florida, in early 2005. She never sought the public spotlight; she never even knew she was a celebrity. She became a celebrity, one of the best-known figures in bioethics, because of politics. This Article examines the politics surrounding her death and draws some conclusions about the aftermath for those left behind in the America Ms. Schiavo departed. The lessons of Schiavo are mixed. It …

Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale

Faculty Scholarship

Retainer care arrangements allow patients to pay a fee directly to a physician's office in order to obtain special access to care. Practices usually convert to retainer status by concentrating their attention on a small panel and dropping the majority of their patients. Proponents call retainer care a triumph of consumer-directed health care; opponents deride it as boutique medicine. Both sides are deploying a variety of legal tactics in order to attain their goals.

After surveying these conflicts, this article clarifies what is at stake by analyzing the three key features of retainer care: preventive care, queue-jumping, and amenity-bundling. Most …

Meeting Basic Survival Needs Of The World's Least Healthy People: Toward A Framework Convention On Global Health, Lawrence O. Gostin

Georgetown Law Faculty Lectures and Appearances

This article searches for solutions to the most perplexing problems in global health - problems so important that they affect the fate of millions of people, with economic, political, and security ramifications for the world's population. There are a variety of solutions scholars propose to improve global health and close the yawning health gap between rich and poor: global health is in the national interests of the major State powers; States owe an ethical duty to act; or international legal norms require effective action. However, arguments based on national interest, ethics, or international law have logical weaknesses. The coincidence of …

From A Civil Libertarian To A Sanitarian: “A Life Of Learning”, Lawrence O. Gostin

Georgetown Law Faculty Lectures and Appearances

I left Harvard 15 years ago to come to Georgetown University, formed in the year of our Constitution and established by an Act of Congress. More than Oxford or Harvard, Georgetown embodied my highest ideals of using world-class scholarship to serve the needs of the most disadvantaged. The Jesuit mission of social justice, which permeates our scholarship and teaching, has deep meaning to me. And the Jesuit ideal of “the human being fully alive,” resonates with my view of the salient importance of human health and wellbeing. The ideals of equity and human fulfilment are embodied in the inscription on …

Shifting Risk Of Ruin To Consumers: The Role Of Tax Law In American Health Policy, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg

Congressional Testimony

No abstract provided.

Newsletter, Winter 2006-2007

Newsletter

No abstract provided.

Improving The Pharmaceutical Industry:Optimality Inside The Framework Of The Current Legal System Provides Access To Medicines For Hiv/Aids Patients In Sub-Saharan Africa, Gourav N. Mukherjee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The American Right-Wing Policy Agenda, Timothy Stoltzfus Jost

Scholarly Articles

Right-wing health policy is alive and well in the United States. Pro-business and libertarian health policy advocacy groups, generously funded by right-wing foundations (and, in some instances, by the health care industry), produce a continuous stream of press releases, policy-statements, books, articles, and symposia, as well as testimony before legislative and administrative bodies. Their positions are taken very seriously by the American media, who make certain that right-wing policy experts are represented in any discussion of current health policy issues.

Mentally Ill Prisoners In The California Department Of Corrections And Rehabilitation: Strategies For Improving Treatment And Reducing Recidivism, W. David Ball

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.

Excusable Neglect In Malpractice Suits Against Radiologists: A Proposed Jury Instruction To Recognize The Human Condition, Charles Caldwell, Evan R. Seamone

Annals of Health Law and Life Sciences

This article unwraps the nature and source of human errors involved in Radiology, revealing unique elements of the specialty that warrant special consideration in medical malpractice cases. The authors compare these errors to negligent practices in other professions and conclude that a general concept of negligence cannot adequately address the complexities of decision-making in Radiology. After analyzing legal precedent, they develop an innovative jury instruction that recognizes particular situations of error in Radiology that occur in the absence of negligence.

Healthcare Fraud And Non-Fraud Healthcare Crimes: A Comparison, Michael Ponce

Theses Digitization Project

Healthcare fraud is a major problem within the healthcare industry. The study examined medical fraud, its laws, and punishments on federal and state levels. It compared medical fraud to non-fraud crimes done in the healthcare industry. This comparison will be done on a state level. The study attempted to analyze the severity of fraud against non-fraud and that doctors would commit fraud offenses more often than non-fraud offenses.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.

Releasing Managed Care's Chokehold On Healthcare Providers, Kristin L. Jensen

Annals of Health Law and Life Sciences

This article addresses the imbalance of power between managed care organizations and physicians regarding the content of treatment information given to patients. The author provides a thoughtful discussion surrounding informed consent issues in a managed care environment, and how managed care organizations maintain their control over physicians. The author concludes by offering varied and insightful methods to even out the disparity of power.

Will Pay For Performance Be Worth The Price To Medical Providers? A Look At Pay For Performance And Its Legal Implications For Providers, Stacy L. Cook

Annals of Health Law and Life Sciences

This article explores the legal implications of pay for performance programs from the perspective of healthcare providers. The author provides an informative background on the emergence of pay for performance programs and examines the structure and operation of these programs. She then explores the liability issues of health plans and managed care organizations and delves into evidentiary issues related to pay for performance information. Her article concludes with some practical suggestions for providers in preparing for an expansion of these quality initiatives.

Just Scanning Around With Diagnostic Medical Ultrasound: Should State Regulate The Nondiagnostic Uses Of This Technology, Archie A. Alexander

Annals of Health Law and Life Sciences

This article examines how the non-diagnostic uses of medical ultrasound may violate the prudent use of this technology and supports the proposal of state-based legislative efforts to protect consumers from abuse. The author identifies the potential health risks to consumers and reviews the existing federal and state regulations, ultimately recommending increased legislation and mandated control of this technology.

Give Them What They Want? The Permissibility Of Pediatric Placebo-Controlled Trials Under The Best Pharmaceuticals For Children Act, Holly Fernandez Lynch

Annals of Health Law and Life Sciences

This article discusses the Best Pharmaceuticals for Children Act and the FDA's request for placebo-controlled studies of drugs to treat OCD and depression in children. First, the article explains the need to test drugs in children and examines the reasons this testing has not occurred. Next, the article describes the legislative and administrative responses to remedy this lack of research and assesses the ethics and legality of their implementation. The article concludes that these initiatives are legally and ethically acceptable until a safe and effective treatment is determined--at which point the use of placebos in pediatric testing must be replaced …

Hpsa And The Anti-Kickback Safe Harbor: Are We Sending Doctors To The Right Neighborhoods?, Keri Tonn

Annals of Health Law and Life Sciences

This article explores the problems within a niche area of health law, the Health Professional Shortage Area (HPSA) safe harbor of the Anti-Kickback Statute. The author advocates for its removal by discussing how the HPSA designation is being used incorrectly to curb fraudulent behavior and how the current provision serves few hospitals. The author concludes by suggesting innovative solutions to remedy the problems with the current HPSA designation system.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Jeanna M. Palmer, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.

Defending Hospital Mergers After The Ftcs Unorthodox Challenge To The Evanston Northwestern - Highland Park Transaction, Tom Campbell

Annals of Health Law and Life Sciences

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.

Electronic Healthcare Data Collection And Pay-For-Performance: Translating Theory Into Practice, Ramesh C. Sachdeva

Annals of Health Law and Life Sciences

With insight grounded in his work for a national data collection consortium and as Vice President of Quality and Outcomes at the Children's Hospital of Wisconsin, the author connects the theory of pay-for-performance to the realities of its implementation. The author expands the Diagnosing the Data conversation by describing the challenges of collecting meaningful data and by addressing the potential legal issues that data use raises. Drawing on his national and local experience, the author concludes with suggestions for adopting data collection programs that are both clinically relevant and scientifically reliable.

The Adoption Of Electronic Health Records: Benefits And Challenges, Karoline Kreuser

Annals of Health Law and Life Sciences

No abstract provided.