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Health Law and Policy Commons

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2010

Discipline
Institution
Keyword
Publication
Publication Type

Articles 151 - 180 of 394

Full-Text Articles in Health Law and Policy

Doctor-Patient Communication: Some Suggestions From A Plaintiff's Trial Lawyer, Curt N. Rodin Jan 2010

Doctor-Patient Communication: Some Suggestions From A Plaintiff's Trial Lawyer, Curt N. Rodin

Annals of Health Law and Life Sciences

No abstract provided.


The Medical Studies Act And Allied Medical Societies: Looking Back At Niven V. Siqueira Twenty-Five Years Later, Miles J. Zaremski Jan 2010

The Medical Studies Act And Allied Medical Societies: Looking Back At Niven V. Siqueira Twenty-Five Years Later, Miles J. Zaremski

Annals of Health Law and Life Sciences

No abstract provided.


Managed Care In A Low-Resource Economy - The Nigerian Experience, Aimalohi E. Akporiaye Jan 2010

Managed Care In A Low-Resource Economy - The Nigerian Experience, Aimalohi E. Akporiaye

Annals of Health Law and Life Sciences

No abstract provided.


Breaking Down The Federal And State Barriers Preventing The Implementation Of Accurate, Reliable And Cost Effective Electronic Health Records, Stephen J. Weiser Jan 2010

Breaking Down The Federal And State Barriers Preventing The Implementation Of Accurate, Reliable And Cost Effective Electronic Health Records, Stephen J. Weiser

Annals of Health Law and Life Sciences

No abstract provided.


The Hundred-Plus-Year War Between Physicians And Attorneys: Peace In Our Time, Marshall B. Kapp Jan 2010

The Hundred-Plus-Year War Between Physicians And Attorneys: Peace In Our Time, Marshall B. Kapp

Annals of Health Law and Life Sciences

No abstract provided.


The Difficulty Of Doing Business With Stark In An Ever-Changing And Overly Complex Regulatory Environment: After Twenty-Years, Where Are We Heading, Irvin "Ham" Wagner Jan 2010

The Difficulty Of Doing Business With Stark In An Ever-Changing And Overly Complex Regulatory Environment: After Twenty-Years, Where Are We Heading, Irvin "Ham" Wagner

Annals of Health Law and Life Sciences

No abstract provided.


The Challenge Of Implementing Interoperable Electronic Medical Records, James C. Dechene Jan 2010

The Challenge Of Implementing Interoperable Electronic Medical Records, James C. Dechene

Annals of Health Law and Life Sciences

No abstract provided.


Recovery Audit Contractor Reviews: Knowing What You Are Up Against Is Half The Battle, Amee Patel Jan 2010

Recovery Audit Contractor Reviews: Knowing What You Are Up Against Is Half The Battle, Amee Patel

Annals of Health Law and Life Sciences

No abstract provided.


The Stark Reality: Is The Federal Physician Self-Referral Law Bad For The Health Care Industry, Paula Tironi Jan 2010

The Stark Reality: Is The Federal Physician Self-Referral Law Bad For The Health Care Industry, Paula Tironi

Annals of Health Law and Life Sciences

No abstract provided.


The Impact Of Federal Regulations On Health Care Operations, Piya M. Gasper Jan 2010

The Impact Of Federal Regulations On Health Care Operations, Piya M. Gasper

Annals of Health Law and Life Sciences

No abstract provided.


Free As In Freedom: Open Source Software's Role In Remaking Healthcare In The Twenty-First Century, Jonathan Loiterman Jan 2010

Free As In Freedom: Open Source Software's Role In Remaking Healthcare In The Twenty-First Century, Jonathan Loiterman

Annals of Health Law and Life Sciences

No abstract provided.


Hospital-Physician Partnerships: The Drivers, The Obstacles And The Benefits, Elissa Koch Moore Jan 2010

Hospital-Physician Partnerships: The Drivers, The Obstacles And The Benefits, Elissa Koch Moore

Annals of Health Law and Life Sciences

No abstract provided.


An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson Jan 2010

An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson

Annals of Health Law and Life Sciences

This article demonstrates that in recent years, patent settlements between branded and generic manufacturers involving "reverse payments" from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. The authors note that such settlements will be a focus of the Obama Administration's antitrust enforcement policy, yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this article, the authors present an analytical framework for evaluating the competitive effects of patent settlements, including those …


Foreword, Kendell L. Coker, Lawrence Singer, John Blum Jan 2010

Foreword, Kendell L. Coker, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Post-Mortem Pregnancy: A Proposed Methodology For The Resolution Of Conflicts Over Whether A Brain Dead Pregnant Woman Should Be Maintained On Life-Sustaining Treatment, Alexis Gregorian Jan 2010

Post-Mortem Pregnancy: A Proposed Methodology For The Resolution Of Conflicts Over Whether A Brain Dead Pregnant Woman Should Be Maintained On Life-Sustaining Treatment, Alexis Gregorian

Annals of Health Law and Life Sciences

In this article, the author examines conflicts over whether to maintain a brain dead pregnant woman on life-sustaining treatment. The author cautions that on the rare occasions when courts are confronted with such a conflict, they should employ a consistent methodology for resolution of the conflict and attempt to honor the wishes of the post-mortem mother and her family. The author draws on relevant areas of law to demonstrate the existence of a legal fiction that protects the interests of post-mortem pregnant women in refusing medical treatment. This article then proceeds to propose a methodology that enables courts to account …


Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale Jan 2010

Access To Medicine In An Era Of Fractal Inequality, Frank Pasquale

Annals of Health Law and Life Sciences

This article evaluates the legitimacy and degree of inevitability of unequal access to medicine. The author introduces 'fractal inequality' to the access issue by using the term to describe skewed patterns in distributions of income and wealth that lead to reallocative effects of higher spending on health care by the wealthiest that can cascade down the distributive ladder. 'Fractal inequality' is transposed to the U.S. health care sector to explain the trend away from medical need toward ability to pay. The author cautions U.S. policymakers to consider international access problems instead of exacerbating those issues when domestic access to care …


Pharmaceutical Pricing: A Review Of Proposals To Improve Access And Affordability Of Prescription Drugs, Paula Tironi Jan 2010

Pharmaceutical Pricing: A Review Of Proposals To Improve Access And Affordability Of Prescription Drugs, Paula Tironi

Annals of Health Law and Life Sciences

This article discusses how pharmaceutical innovation achieves remarkable improvements in human health but a significant portion of the U.S. population cannot afford prescription drugs. The author examines ways that patent protection, generics, supply chain complexity, and the cost of innovation and promotion affect access and affordability. The author then looks at the influences of marketing strategies and industry trends such as the patent cliff and pipeline for new drugs, innovations in biotechnology and genomics, comparative effectiveness analysis, and payor and employer strategies on drug prices. An analysis of reform proposals in the context of industry trends suggests that promoting generic …


A Call For Minds: The Unknown Extent Of Societal Influence On The Legal Rights Of Involuntarily And Voluntarily Committed Mental Health Patients, Teresa Cannistraro Jan 2010

A Call For Minds: The Unknown Extent Of Societal Influence On The Legal Rights Of Involuntarily And Voluntarily Committed Mental Health Patients, Teresa Cannistraro

Annals of Health Law and Life Sciences

This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the …


Government-Sponsored Reinsurance, Mark A. Hall Jan 2010

Government-Sponsored Reinsurance, Mark A. Hall

Annals of Health Law and Life Sciences

Many measures to reform health insurance markets include various types of government-sponsored reinsurance. This article explains the purposes and types of private and public reinsurance, and reviews available evidence about their performance. The author concludes that government-sponsored reinsurance inherently cannot reduce total costs, but it can shift costs from the private to the public sector. Also, reinsurance can help transition to a new government program or market structure that creates uncertain risks. Whether reinsurance is the best way to accomplish these goals depends greatly on the details.


Table Of Contents, Annals Of Health Law Jan 2010

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Kendell L. Coker, Lawrence Singer, John Blum Jan 2010

Foreword, Kendell L. Coker, Lawrence Singer, John Blum

Annals of Health Law and Life Sciences

No abstract provided.


Rationing Health Care: It's A Matter Of The Health Care System's Structure, David Orentlicher Jan 2010

Rationing Health Care: It's A Matter Of The Health Care System's Structure, David Orentlicher

Annals of Health Law and Life Sciences

The article examines two primary policy proposals for how the U.S. should allocate its limited health care dollars: a centralized model in which a commission establishes rationing guidelines, and a decentralized model in which rationing decisions are made by health care providers on a case by case basis. The author finds significant advantages with each position, leading the author to assert that a combination of each is key to an effective rationing policy: a centralized control of structure coupled with decentralized physician-level decision making. While mindful that formal rationing guidelines alone are unfeasible to effectuate cost-effective care, the author introduces …


Retail Medical Clinics: Increasing Access To Low Cost Medical Care Amongst A Developing Legal Environment, Kristin E. Schleiter Jan 2010

Retail Medical Clinics: Increasing Access To Low Cost Medical Care Amongst A Developing Legal Environment, Kristin E. Schleiter

Annals of Health Law and Life Sciences

No abstract provided.


Reproductive Organs And Differences Of Sex Development: The Constitutional Issues Created By The Surgical Treatment Of Intersex Children, Skylar Curtis Jan 2010

Reproductive Organs And Differences Of Sex Development: The Constitutional Issues Created By The Surgical Treatment Of Intersex Children, Skylar Curtis

McGeorge Law Review

No abstract provided.


A Bitter Pill To Swallow: Canadian Drug Regulation, Michael Duncan Taylor Jan 2010

A Bitter Pill To Swallow: Canadian Drug Regulation, Michael Duncan Taylor

LLM Theses

This thesis assesses the current status of Canadian prescription drug regulation and the policy drivers that guide this process. This analysis is accomplished by first providing a general survey of the steps, law, and institutional players involved in the full life-cycle of a drug. Next the evolution of current clinical trials and the gaps that the present legal regime creates in the scientific standards employed in clinical research is reviewed. This is followed by a discussion of how commercialization (innovation) and speed of approval (market access) are slowly becoming the dominant policy drivers for the Canadian regime. Finally a discussion …


There Is A Time To Keep Silent And A Time To Speak, The Hard Part Is Knowing Which Is Which: Striking The Balance Between Privacy Protection And The Flow Of Health Care Information, Daniel J. Gilman, James C. Cooper Jan 2010

There Is A Time To Keep Silent And A Time To Speak, The Hard Part Is Knowing Which Is Which: Striking The Balance Between Privacy Protection And The Flow Of Health Care Information, Daniel J. Gilman, James C. Cooper

Michigan Telecommunications & Technology Law Review

Health information technology (HIT) has become a signal element of federal health policy, especially as the recently enacted American Recovery and Reinvestment Act of 2009 (Recovery Act or ARRA) comprises numerous provisions related to HIT and commits tens of billions of dollars to its development and adoption. These provisions charge various agencies of the federal government with both general and specific HIT-related implementation tasks including, inter alia, providing funding for HIT in various contexts: the implementation of interoperable HIT, HIT-related infrastructure, and HIT-related training and research. The Recovery Act also contains various regulatory provisions pertaining to HIT. Provisions of the …


Oversight Of Marketing Relationships Between Physicians And The Drug And Device Industry: A Comparative Study, Timothy Stoltzfus Jost Jan 2010

Oversight Of Marketing Relationships Between Physicians And The Drug And Device Industry: A Comparative Study, Timothy Stoltzfus Jost

Scholarly Articles

Throughout the world, complex mutually-dependent relationships exist between physicians and pharmaceutical and medical device companies. This articlef ocuses on one particulara spect of these relationships--paymentsm ade by drug and device companies to physicians and their organizations and institutions to market drugs and devices. It is widely believed that drug and device company marketing to physicians creates conflicts of interest that corrupt physician judgment and increase the cost of medical care. This article examines first the economic basis of physician/industry relationships that causes conflicts to arise. It next considers the measures that a number of developed countries have taken to respond …


Foreword, Beazley Institute For Health Law And Policy Jan 2010

Foreword, Beazley Institute For Health Law And Policy

Annals of Health Law and Life Sciences

No abstract provided.


Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan Jan 2010

Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan

Annals of Health Law and Life Sciences

No abstract provided.


Genetic Testing, Physicians And The Law: Will The Tortoise Ever Catch Up With The Hare, Lee Black, Jaques Simard, Bartha Maria Knoppers Jan 2010

Genetic Testing, Physicians And The Law: Will The Tortoise Ever Catch Up With The Hare, Lee Black, Jaques Simard, Bartha Maria Knoppers

Annals of Health Law and Life Sciences

No abstract provided.