Health Law and Policy Commons^™

Florida V. Hhs - Amicus Brief Of American Civil Rights Union, American Civil Rights Union

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Governors Of Washington, Colorado, Michigan, And Pennsylvania, Chris Gregoire

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amended Complaint, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Motion To Amend Complaint, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Young Invincibles, Young Invincibles

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Amicus Brief Of Governors Pawlenty And Carcieri, Tim Pawlenty

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Opinion On Motion To Dismiss (Granting In Part And Denying In Part), United States District Court For The Northern District Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Fourth Circuit Opinion, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Amicus Brief Of Mountain States Legal Foundation, Mountain States Legal Foundation

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Second Amended Complaint, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - April 14 Scheduling Order, United States District Court For The Northern District Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Amicus Brief Of Revere America Foundation, Revere American Foundation

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Health Care: Why Jurisdiction Matters, Kevin C. Walsh

Scholarly Articles

Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.

One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …

A Medical Malpractice Model For Developing Countries?, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …

The Elusive Ideal Of Market Competition In U.S. Health Care, Nathan Cortez

Faculty Journal Articles and Book Chapters

This chapter, in the book Health Care and EU Law (TMC Asser Press 2011), explores how market competition has both driven and (somewhat ironically) undermined U.S. health reform efforts over the past few decades. More than its peers, the U.S. health care system looks to market-inspired theories and policy instruments, even in public programs like Medicare. But decades of promoting market ideals has not given Americans the health care system we desire. Still, the market question remains the basic dividing line in U.S. health policy.

This chapter explores how the U.S. health care system remains an international outlier, exploring American …

The Case Against Preemption: Vaccines & Uncertainty, Mary J. Davis

Law Faculty Scholarly Articles

This article begins with a brief recap of the state of current preemption doctrine and how it governs the interaction of federal regulation of product manufacturers and state tort actions related to the actions of those manufacturers. Second, the article provides observations on how that doctrine might apply to vaccine injury litigation. Bruesewitz v. Wyeth, Inc. involves the preemptive scope of the Vaccine Act and the unique compensation system Congress created to respond to vaccine injuries. Bruesewitz was decided on February 22, 2011, and held that design defect claims are expressly preempted by the Vaccine Act. This article endeavors …

Discourse Norms As Default Rules: Structuring Corporate Speech To Multiple Stakeholders, David G. Yosifon

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Born By The Woman, Caught By The Midwife: The Case For Legalizing Direct-Entry Midwifery In All Fifty States, Sarah Anne Stover

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Future Of Employment-Based Health Insurance After The Patient Protection And Affordable Case Act, Kathryn L. Moore

Law Faculty Scholarly Articles

In the United States, unlike in all other advanced industrial states, health care is financed principally through employment-based health insurance. In 2009, more than 156 million individuals under the age of sixty-five, or 59% of that population, were covered by employment- based health insurance.

On March 21, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA). Described as seminal as the enactment of the Employee Retirement Income Security Act (ERISA), PPACA fundamentally reforms the American health care system. PPACA, however, does not eliminate the system’s reliance on employment- based health insurance. Instead, it builds on, and arguably …

Ethnicity And Cultural Issues, John E. Zeber, Jodi M. Gonzalez, Richard Van Dorn, Alejandro Interian

Mental Health Law & Policy Faculty Publications

No abstract provided.

Depression Care Management: Can Employers Purchase Improved Outcomes?, Kathryn Rost, Donna Marshall, Benjamin Shearer, Allen J. Dietrich

Mental Health Law & Policy Faculty Publications

Fourteen vendors are currently selling depression care management products to US employers after randomized trials demonstrate improved work outcomes. The research team interviewed 10 (71.4%) of these vendors to compare their products to four key components of interventions demonstrated to improve work outcomes. Five of 10 depression products incorporate all four key components, three of which are sold by health maintenance organizations (HMOs); however, HMOs did not deliver these components at the recommended intensity and/or duration. Only one product delivered by a disease management company delivered all four components of care at the recommended intensity and duration. This “voltage drop,” …

Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel

Maryland Law Review

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act ("ACA") into law. Almost instantly, fourteen state attorneys general joined together to file suit to challenge ACA in federal courts in Virginia and Florida. These states took action amid widespread political rhetoric that condemned Congress for shattering its constitutional limits by invading citizens' private decisions to purchase health insurance. Few political trends are as divisive as the changing role of government in private health care coverage decisions. Yet, the American debate continues to be distracted by marketplace rhetoric. This Comment argues that the American preoccupation …

Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors

St. Mary's Law Journal

The reliability of LIDAR (Light Detection and Ranging) is generally questioned for one of two reasons. First, when the speeding charge is of such great importance to the defendant that he must challenge the technology. Second, when the defendant is charged with a different and more serious crime because of the traffic stop. In this instance the reliability of the equipment provides the opportunity to question the stops’ underlying probable cause. Assuming the particular jurisdiction has not settled the issue of reliability of LIDAR evidence, the court must require the prosecutor to present expert testimony to show reliability. In the …

Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski

Faculty Publications

Health information technology (HIT) is becoming increasingly prevalent in medical offices and facilities. Like President George W. Bush before him, President Obama announced a plan to computerize all Americans’ medical records by 214. Computerization is certain to transform American health care, but to ensure that its benefits outweigh its risks, the federal government must provide appropriate oversight.

President Obama’s stimulus legislation, the American Recovery and Reinvestment Act of 29 (ARRA), dedicated $27 billion to the promotion of health information technology. It provides payments of up to $44, per clinician under the Medicare incentive program and $63,75 per clinician under the …

Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky

Journal of Health Care Law and Policy

No abstract provided.

Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich

Student Articles and Papers

With the expansion of clinical research in developing countries, there is a need to explain obligations that researchers have to their subjects beyond those required by the study protocol. This paper outlines a model founded on the duty to rescue that provides ethical clarification of the obligations of ancillary care.

Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Guardianship For Persons With Mental Illness — A Legal And Appropriate Alternative?, Leslie Salzman

Saint Louis University Journal of Health Law & Policy

No abstract provided.