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Articles 241 - 270 of 324
Full-Text Articles in Health Law and Policy
Working Sick: Lessons Of Chronic Illness For Health Care Reform, Elizabeth Pendo
Working Sick: Lessons Of Chronic Illness For Health Care Reform, Elizabeth Pendo
All Faculty Scholarship
Although chronic illness is generally associated with the elderly or disabled, chronic conditions are widespread among working-age adults and pose significant challenges for employer-based health care plans. Indeed, a recent study found that the number of working-age adults with a major chronic condition has grown by 25 percent over the past 10 years, to a total of nearly 58 million in 2006. Chronic illness imposes significant costs on workers, employers, and the overall economy. This population accounts for three-quarters of all personal medical spending in the United States, and a Milken Institute study recently estimated that lost workdays and lower …
Regulating Physician Behavior: Taking Doctors’ 'Bad Law' Claims Seriously, Sandra H. Johnson
Regulating Physician Behavior: Taking Doctors’ 'Bad Law' Claims Seriously, Sandra H. Johnson
All Faculty Scholarship
Physician behavior is a key target of government regulation intended to improve the efficiency, quality, and accessibility of health care. Yet according to physicians’ "bad law" claims, the legal effort to promote patient health and well-being has actually caused significant harm. These "bad law" claims - that malpractice litigation prompts defensive medicine, that patients’ rights policies prompt doctors to provide futile care, that controlled substance laws cause physicians to undertreat patients in pain - have diminished in significance due to the deconstruction of professionalism. Claims are often discarded as the cries of "bad apple" doctors or in the interest of …
Review Of Reforming Medicare: Options, Tradeoffs, And Opportunities, Jill R. Horwitz
Review Of Reforming Medicare: Options, Tradeoffs, And Opportunities, Jill R. Horwitz
Reviews
Medicare needs fixing. The program has its strengths; it is popular among beneficiaries, has very low administrative costs (maybe too low), and, since its inception, has greatly reduced financial risk exposure among beneficiaries. Nevertheless, it is unaffordable and inefficient. Jeanne Lambrew and Henry Aaron take up both of these challenges for Medicare reform in great detail in Reforming Medicare.
Can State Health Reform Initiatives Achieve Universal Coverage: Lessons From California’S Recent Failed Experiment, Susan A. Channick
Can State Health Reform Initiatives Achieve Universal Coverage: Lessons From California’S Recent Failed Experiment, Susan A. Channick
Faculty Scholarship
This article is about the struggle toward health care reform. It looks at the mandated health care insurance model as well as the experiences of Massachusetts and California.
Hiv Testing In State Correctional Systems, James Lee Pope
Hiv Testing In State Correctional Systems, James Lee Pope
Journal of Law and Health
In recent years, reports have surfaced that the prevalance of acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) within U.S. prison systems is three to five times higher than that of the general population. These reports, combined with the release of new HIV testing guidelines by the Centers for Disease Control (CDC) in 2006, have caused many states to change their laws and policies regarding HIV testing in state correctional facilities. This report briefly discusses some of the issues related to HIV testing within state correctional facilities. This report also discusses the methods of HIV testing currently used in …
To Pay Or Not To Pay: Medicare And The Preventable Adverse Event: A Rational Decision Of Dangerous Philosophical Change, Amy J. Chaho M.D.
To Pay Or Not To Pay: Medicare And The Preventable Adverse Event: A Rational Decision Of Dangerous Philosophical Change, Amy J. Chaho M.D.
Journal of Law and Health
The proposed Medicare reimbursement schedule intended to become effective in October 2008 represents a drastic change to the traditional policy of payment for needed services. The proposal mandates that certain preventable adverse events should not be reimbursed. This spending scheme is intended to improve quality while decreasing cost to the Medicare system. The goals of the spending scheme are laudable. Quality improvement, when used to improve the health, safety and general welfare of the intended patient beneficiary of the Medicare program, is a rational and compelling government interest that warrants coercive use of authorized spending power. This beneficial interest may …
Regional Health Information Organizations: Lower Health Care Costs, Fewer Iatrogenic Illnesses, And Improved Care - What Are We Waiting For, Angela Ferneding
Regional Health Information Organizations: Lower Health Care Costs, Fewer Iatrogenic Illnesses, And Improved Care - What Are We Waiting For, Angela Ferneding
Journal of Law and Health
Rising health care costs have a significant impact on our economy, and medical errors pose a meaningful and costly risk to health care consumers. The adoption of information technology, including the implementation of RHIOs (Regional Health Information Organizations) and electronic medical record systems, is critical to addressing these issues. Although President Bush's vision of a NHIN (National Health Information Network)is a positive first step in governmental involvement, Congress must address the biggest challenge health care providers cite in implementing information technology: the lack of funding. The national government must demonstrate its commitment to reducing costs and improving care by committing …
Morality Versus Vital Healthcare: The Debate Over Bush's Health And Human Services' Midnight Regulation, Lesley Shermeta
Morality Versus Vital Healthcare: The Debate Over Bush's Health And Human Services' Midnight Regulation, Lesley Shermeta
Public Interest Law Reporter
No abstract provided.
Second Class Citizens: Illinois' Rural Uninsured And The Hospital Uninsured Patient Discount Act, Bill Metzinger
Second Class Citizens: Illinois' Rural Uninsured And The Hospital Uninsured Patient Discount Act, Bill Metzinger
Public Interest Law Reporter
No abstract provided.
Healthcare Standards In Immigration Detention Centers, Ana Maria Echiburu
Healthcare Standards In Immigration Detention Centers, Ana Maria Echiburu
Public Interest Law Reporter
No abstract provided.
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
A Change For The Better: The Ada Amendments Act Of 2008, Jason Lewis
Public Interest Law Reporter
No abstract provided.
Medical Malpractice Reform: A Silver Bullet For The Health Care Crisis?, Ian Barney
Medical Malpractice Reform: A Silver Bullet For The Health Care Crisis?, Ian Barney
Public Interest Law Reporter
No abstract provided.
Undoing The Damage Of The Dew, Priscilla Norwood Harris
Undoing The Damage Of The Dew, Priscilla Norwood Harris
Journal Publications
Over the past several decades, American consumption of carbonated soft drinks (CSDs) has increased dramatically. In 1947, Americans consumed on average two soft drinks per week.s By 1996, they consumed on average approximately two soft drinks per day. As a result, the CSD industry is, as of 2007, a $72 billion a year industry. There is a dark side to all of this consumption. Numerous studies link consumption of CSDs to various health problems,' including: heart disease, obesity, osteoporosis, and dental harm, especially dental erosion. The main culprits causing the dental harm are not the cola CSDs but rather the …
Plea To The Jurisdiction: Defining The Undefined., Rebecca Simmons, Suzette Kinder Patton
Plea To The Jurisdiction: Defining The Undefined., Rebecca Simmons, Suzette Kinder Patton
St. Mary's Law Journal
Pleas to the jurisdiction have been part of Texas jurisprudence since shortly after Texas became a state. The resulting confusion over the procedure and standards to be employed in resolving a plea was partially alleviated by the Texas Supreme Court’s decision in Texas Department of Parks and Wildlife v. Miranda. From a number of reports from Texas’s reviewing courts, however, it is evident the courts continue to struggle with the plea. Currently there are no established procedural rules to assist with the resolution of a plea to the jurisdiction. Thus, procedures vary from court to court and case to case. …
Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald
Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald
St. Mary's Law Journal
Attorney loyalty to clients is considered a cornerstone of the attorney-client relationship. Yet, loyalty is underexplored, misunderstood, and the subject of heated discord. Advocates of client-centered loyalty and their opponents both fail to provide a compelling accounting of loyalty to clients and its consequences. Leaving loyalty in limbo is an unacceptable state of affairs. The legal profession bears the continuous burden of accounting for its own practices. Because the Bar cannot assert broad client-centered loyalty as self-explanatory, the burden of disproving loyalty shifts to the critics. Critics of broad loyalty to clients are not helping advance the discourse by advocating …
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Richmond Public Interest Law Review
Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …
Reproductive Rights As Health Care Rights, B. Jessie Hill
Reproductive Rights As Health Care Rights, B. Jessie Hill
Faculty Publications
U.S. legal scholarship concerning reproductive rights has largely revolved around the poles of decisional autonomy, privacy, and equality, with a concomitant a tendency to de-emphasize the medical aspect of abortion rights. The medical approach has been particularly disfavored by feminist scholars, largely due to concerns about undermining the equality rationale for reproductive rights and placing too much power in the hands of physicians. In addition, American constitutional law has tended to treat reproductive-rights cases differently from other cases raising challenges to government restrictions on individuals’ rights to access certain forms of medical treatment, granting heightened judicial scrutiny to the former …
Goodman & Epstein, Listening To Battered Women: A Survivor-Centered Approach To Advocacy, Mental Health And Justice, Julie Goldscheid
Goodman & Epstein, Listening To Battered Women: A Survivor-Centered Approach To Advocacy, Mental Health And Justice, Julie Goldscheid
Pace Law Review
No abstract provided.
Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze
Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze
NYLS Law Review
No abstract provided.
Bah V. Mukasey, Sandrine Dehaeze
Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn
Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn
Richmond Journal of Law and the Public Interest
JUSTICE KENNEDY delivered the opinion of the Court, in which CHIEF JUSTICE ROBERTS, and JUSTICES BREYER, STEVENS, and THOMAS joined. CHIEF JUSTICE ROBERTS filed a concurring opinion, in which JUSTICE THOMAS joined. JUSTICE SCALIA filed a dissenting opinion, in which JUSTICE ALITO joined. JUSTICE GINSBERG filed a dissenting opinion, in which JUSTICE SOUTER joined. Since this Court decided Roe v. Wade in 1973,1 we received numerous requests to reconsider the validity of that ruling or to otherwise limit its application. Petitioner renews this request, asking us to discard our much maligned and now limited Roe doctrine. After struggling with this …
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Richmond Journal of Law and the Public Interest
Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …
The Emergent Logic Of Health Law, Maxwell Gregg Bloche
The Emergent Logic Of Health Law, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The American health care system is on a glide path toward ruin. Health spending has become the fiscal equivalent of global warming, and the number of uninsured Americans is approaching fifty million. Can law help to divert our country from this path? There are reasons for deep skepticism. Law governs the provision and financing of medical care in fragmented and incoherent fashion. Commentators from diverse perspectives bemoan this chaos, casting it as an obstacle to change. I contend in this Article that pessimism about health law’s prospects is unjustified, but that a new understanding of health law’s disarray is urgently …
Answering The Millennium Call For The Right To Maternal Health: The Need To Eliminate User Fees, Margaux J. Hall, Aziza Ahmed, Stephanie E. Swanson
Answering The Millennium Call For The Right To Maternal Health: The Need To Eliminate User Fees, Margaux J. Hall, Aziza Ahmed, Stephanie E. Swanson
Faculty Scholarship
Complications during childbirth and pregnancy are a main source of death and disability among women of reproductive age. Approximately 536,000 women die from pregnancy-related complications each year. Developing countries suffer most profoundly, accounting for 99% of deaths. The world's nations, by endorsing U.N. Millennium Development Goals, recognized that most deaths are preventable; they have pledged to reduce maternal mortality by 75% by 2015. This Article assesses the barriers presented by user fees - formal charges for health services still charged by many countries - to the attainment of MDGs. It shows that user fees hamper healthcare access, particularly in emergency …
Teaching Sicko, Elizabeth Weeks
Teaching Sicko, Elizabeth Weeks
Scholarly Works
This article provides insights in how to make up cancelled law classes to ensure compliance with American Bar Association accreditation instructional hours requirements. How to cover the missed course content. How to find mutually agreeable make-up class times and locations with a group of busy, upper-level law students. Faced with the prospect of having to make up two hours each of my Health Care Financing and Regulation course and my Public Health Law seminar, I turned to the teacher's little helper: the DVD player
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Campbell Law Review
No abstract provided.
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Campbell Law Review
No abstract provided.
A Look At Customer Attitudes, Influences Of Subjective Norms, And Behavioral Intention Regarding Second Hand Smoke And Smoking In Public, Tanya Marie Dubay
A Look At Customer Attitudes, Influences Of Subjective Norms, And Behavioral Intention Regarding Second Hand Smoke And Smoking In Public, Tanya Marie Dubay
Master's Theses and Doctoral Dissertations
This study is an assessment of customer’s attitudes, influences of subjective norms, and behavioral intention regarding exposure to secondhand smoke and smoke free policy at a small family owned and operated restaurant. Research questions address relationships between customer attitudes and smoke free policy as well as likelihood of customers supporting a smoke free policy in an establishment where there is currently no law that prohibits smoking. Methodology included a voluntary self administered survey questionnaire given to a convenience sample of patrons who were dining out. The results show; (a) a significant relationship between attitude about second hand smoke and choosing …
Estimating The Effect Of Damages Caps In Medical Malpractice Cases: Evidence From Texas, David A. Hyman, Bernard Black, Charles Silver, William M. Sage
Estimating The Effect Of Damages Caps In Medical Malpractice Cases: Evidence From Texas, David A. Hyman, Bernard Black, Charles Silver, William M. Sage
Faculty Scholarship
Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements in medical malpractice cases closed during 1988–2004. For pro-plaintiff jury verdicts, the cap affects 47-percent of verdicts and reduces mean allowed non-economic damages, mean allowed verdict, and mean total payout by 73-percent, 38-percent, and 27-percent, respectively. In total, the non-econ cap reduces adjusted verdicts by $156M, but predicted payouts by only $60M. The impact on payouts is smaller because a substantial portion of the above-cap damage awards were not being paid to begin with. In cases settled without trial, …
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.