Health Law and Policy Commons^™

Balancing Science And Politics: The Challenges Of Implementing Medical Marijuana Laws - Introduction, Rebecca Hall

Journal of Health Care Law and Policy

No abstract provided.

Preemption Under The Controlled Substances Act, Robert A. Mikos

Journal of Health Care Law and Policy

No abstract provided.

The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey

Journal of Health Care Law and Policy

No abstract provided.

Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow

Journal of Health Care Law and Policy

No abstract provided.

Shrinking Drug Costs Without Silencing Pharmaceutical Detailers: Maryland's Options After Sorrell V. Ims Health, Kristina L. Miller

Journal of Health Care Law and Policy

No abstract provided.

Not For Bathing: Bath Salts And The New Menace Of Synthetic Drugs, Jake Shaller

Journal of Health Care Law and Policy

No abstract provided.

The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt

Journal of Health Care Law and Policy

No abstract provided.

Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon

Journal of Health Care Law and Policy

No abstract provided.

Seeing The Justice System Through A Soldier's Eyes: A Call To Action For Maryland To Adopt A Veterans Treatment Court System, Beth Totman

Journal of Health Care Law and Policy

No abstract provided.

Health Care Cost Containment: No Longer An Option But A Mandate, Susan A. Channick

Faculty Scholarship

The growth in health care costs in the United States in the past two decades has been staggering and extraordinarily burdensome not only to the federal and state governments but also to employers and individuals who purchase their health insurance in the private market. According to a recent report by the Urban Institute Health Policy Center, four major and interrelated reasons are the significant drivers of the persistent rise in health care costs in excess of economic growth. The first is over-insurance due to the favorable tax treatment of employer-sponsored insurance to which approximately fifty-eight percent of non-elderly Americans have …

Applying Bioethics In The 21st Century: Principlism Or Situationism?, George P. Smith Ii

Scholarly Articles

After an examination of the four cardinal bioethical principles which define Principlism — autonomy, beneficence, non maleficence and justice — an explication of Joseph Fletcher’s theory of Situationism is undertaken.

The conclusion of this Article is that when an ethical dilemma arises and is “tested” as to its moral efficacy, rather than judge the acts in question in order to determine whether they are in conformance with one of the four bioethical principles, it is more humane and practical to determine the ethical propriety of questioned conduct by use of a situation ethic which in fact is more sensitive. This …

Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon

Faculty Publications

The Patient Protection and Affordable Care Act (PPACA) provides tax credits and subsidies for the purchase of qualifying health insurance plans on state-run insurance exchanges. Contrary to expectations, many states are refusing or otherwise failing to create such exchanges. An Internal Revenue Service (IRS) rule purports to extend these tax credits and subsidies to the purchase of health insurance in federal exchanges created in states without exchanges of their own. This rule lacks statutory authority. The text, structure, and history of the Act show that tax credits and subsidies are not available in federally run exchanges. The IRS rule is …

Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld

Faculty Publications

No abstract provided.

Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert Atkinson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

When Oil Attacks: Litigation Options For Nigerian Plaintiffs In U.S. Federal Courts, Lauren Mccaskill

Health Matrix: The Journal of Law-Medicine

No abstract provided.

New Technologies, New Challenges: Women And Prenatal Genetic Testing In The 21st Century -- Women And Prenatal Genetic Testing In The 21st Century, Ruth M. Farrell

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 23 Issue 2 (2013)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Good, The Bad, And The Ugly: The Unnecessarily Broad Impact Of Qui Tam Civil False Claims Act Cases On Rural Health Care Providers, Andrew M. Hyer

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Information Overload: How The Wisconsin Supreme Court Expanded The Doctrine Of Informed Consent, 46 J. Marshall L. Rev. 1097 (2013), Michael Rohde

UIC Law Review

No abstract provided.

Protection For Psychotherapy Notes Under The Hipaa Privacy Rule: As Private As A Hospital Gown, Stephanie O. Corley

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Law Faculty Scholarly Articles

Until the 2011 Term, no Supreme Court decision since the New Deal had struck down an act of Congress as exceeding the federal spending power. The question of unconstitutionally coercive conditions was also novel. Indeed, no federal court had ever found any legislation to be an unconstitutionally coercive exercise of the spending power until the Court decided National Federation of Independent Business v. Sebelius (NFIB) on June 28, 2012. This Article proceeds as follows: Part I discusses the Affordable Care Act's Medicaid expansion in the context of the history and purpose of the Medicaid Act, paying particular attention to facts …

Profile Of Alcohol And Drug Indicators For Hillsborough County, Florida, Kathleen A. Moore, M. Scott Young, Ellen Snelling

Mental Health Law & Policy Faculty Publications

Alcohol has the highest prevalence of use of any substance in Hillsborough County and throughout the nation. In 2011, Hillsborough County ranked first among all counties in alcohol-related fatalities. Although Hillsborough County DUI arrests decreased in 2011, Hillsborough still had more DUI arrests than any other Florida county. To address these concerns, the Hillsborough County Anti Drug Alliance (HCADA) and the Tampa Alcohol Coalition (TAC) have continued to support: DUI law enforcement operations, The Hillsborough County Sheriff’s Alcohol Vendor Enforcement program (SAVE), DUI Counterattack, DUI media coverage, alcohol awareness programs, improved alcohol policies and community coalitions’ collaborative efforts to reduce …

National Federation Of Independent Business V. Sebelius: The Misguided Application And Perpetuation Of An Amorphous Coercion Theory, Megan Ix

Maryland Law Review

No abstract provided.

Federalism By Waiver After The Health Care Case, Samuel Bagenstos

Book Chapters

The Supreme Court's Spending Clause holding in National Federation of Independent Businesses v. Sebelius (NFIB) is likely to be consequential for many reasons. It will have a direct effect on the implementation of the Affordable Care Act (ACA), which relied on the expansion of Medicaid-now made voluntary by the Court-to obtain health care coverage for more than fifteen million previously uninsured people. At this writing, it remains unclear how many states will participate in the expansion. The Congressional Budget Office recently estimated that, as a result of the Court's decision, three million fewer people will obtain new Medicaid coverage under …

The Use And Misuse Of Biomedical Data: Is Bigger Really Better?”, Sharona Hoffman, Andy Podgurski

Faculty Publications

Very large biomedical research databases, containing electronic health records (HER) and genomic data from millions of patients, have been heralded recently for their potential to accelerate scientific discovery and produce dramatic improvements in medical treatments. Research enabled by these databases may also lead to profound changes in law, regulation, social policy, and even litigation strategies. Yet, is “big data” necessarily better data?

This paper makes an original contribution to the legal literature by focusing on what can go wrong in the process of biomedical database research and what precautions are necessary to avoid critical mistakes. We address three main reasons …

The Psychology Of Mediation, David A. Hoffman, Richard N. Wolman

Cardozo Journal of Conflict Resolution

The purpose of this article is to provide an overview and summary of a broad range of psychological phenomena and examine their application to mediation. Our goal is to provide mediators-as well as the lawyers and disputants who use mediation-with a guide to navigating the powerful psychological and emotional currents that flow through the mediation process.

Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino

Scholarly Works

Several of the remarks and articles presented in this symposium have addressed conflicts of interest arising during the provision of legal counsel to individuals who are elderly, including specific conflicts of interest implicated by estate planning, retirement planning, and long-term care planning. Topics examined thus far include conflicts of interest with respect to the application of rules of confidentiality within state rules of professional conduct to elderly clients with impaired decision-making capacity; conflicts of interest involving representative payees for Social Security benefits; conflicts of interest in distributions when parents enter into marriages that are unprotected by law; and conflicts of …

A "Common" Proposal, Stacey A. Tovino

Scholarly Works

The Federal Policy for the Protection of Human Subjects (the “Common Rule”) is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add a …

The Individual Mandate's Due Process Legality: A Kantian Explanation, And Why It Matters, Peter Brandon Bayer

Scholarly Works

In National Federation of Independent Business v. Sebelius, one of the most controversial decisions of this young century, an intensely divided Supreme Court upheld the Patient Protection and Affordable Care Act's most provocative feature-the Individual Mandate-under Congress's taxing power. In so doing, the Court rejected what appeared to be the Individual Mandate's more applicable constitutional premise-Congress's authority to regulate interstate commerce. Yet, neither the Constitution's Taxing Clause nor its Commerce Clause provide the ultimate answer as to whether Congress may regulate the multi-billion dollar healthcare market by compelling unwilling persons to buy private health insurance. The final determination of the …

Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher

Scholarly Works

With its opinion on the constitutionality of the Affordable Care Act (ACA), the U.S. Supreme Court sparked much discussion regarding the implications of the case for other federal statutes. In particular, scholars have debated the significance of the Court's recognition of an anticoercion limit to the Spending Clause power.

When it recognized an anticoercion limit for the ACA's Medicaid expansion, the Court left considerable uncertainty as to the parameters of that limit. This essay sketches out one valuable and very plausible interpretation of the Court's new anticoercion principle. It also indicates how this new principle can address a long-standing problem …