Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

2013

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 391 - 420 of 574

Full-Text Articles in Health Law and Policy

Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin Jan 2013

Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Use And Misuse Of Biomedical Data: Is Bigger Really Better?”, Sharona Hoffman, Andy Podgurski Jan 2013

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 Jan 2013

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.


Protecting Rights And Building Capacities: Challenges To Global Mental Health Policy In Light Of The Convention On The Rights Of Persons With Disabilities, Sheila Wildeman Jan 2013

Protecting Rights And Building Capacities: Challenges To Global Mental Health Policy In Light Of The Convention On The Rights Of Persons With Disabilities, Sheila Wildeman

Articles, Book Chapters, & Popular Press

The World Health Organization (WHO) has in the last decade identified mental health as a priority for global health promotion and international development, to be targeted through promulgation of evidence-based medical practices, health systems reform, and respect for human rights. Yet these overlapping strategies are marked by tensions as the historical primacy of expert-led initiatives is increasingly subject to challenge by new social movements — in particular, disabled persons’ organizations (DPOs). These tensions come into focus upon situating the WHO’s contributions to the analysis of global mental health in light of the negotiation and early stages of implementation of the …


Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover Jan 2013

Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover

Journal of Business & Technology Law

No abstract provided.


Executives Should Think Twice Before Accepting Pleas 'Relating To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman Jan 2013

Executives Should Think Twice Before Accepting Pleas 'Relating To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman

Student Articles and Papers

No abstract provided.


Policy Evaluation Of Hillsborough County’S Family Dependency Treatment Court, Shawn M. Martin, Kathleen A. Moore Jan 2013

Policy Evaluation Of Hillsborough County’S Family Dependency Treatment Court, Shawn M. Martin, Kathleen A. Moore

Mental Health Law & Policy Faculty Publications

Child abuse and neglect is a troubling issue all too familiar with courts in the United States. The problem becomes even more complicated when substance abuse is involved. In 2004, approximately 500,000 children were removed from their homes because of abuse and neglect issues1. In the past few years, a judicial model appeared to address both substance abuse and child dependency issues. This model, entitled Family Dependency Treatment Court (FDTC) enables the court to mandate treatment for parents and make reunification dependent on treatment compliance. The FDTC program in Hillsborough County, Florida is now in its second year and has …


Baker Act Receiving Facility Staff Perceptions Of Community Services, Steve Roggenbaum, Annette Christy, Mary R. Murrin Jan 2013

Baker Act Receiving Facility Staff Perceptions Of Community Services, Steve Roggenbaum, Annette Christy, Mary R. Murrin

Mental Health Law & Policy Faculty Publications

No abstract provided.


Masthead Jan 2013

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Looking Back And Looking Forward: Celebrating Anniversaries By Anticipating The Implementation Of The Affordable Care Act, Sandra H. Johnson Jan 2013

Looking Back And Looking Forward: Celebrating Anniversaries By Anticipating The Implementation Of The Affordable Care Act, Sandra H. Johnson

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Law And The Fog Of Healthcare: Complexity And Uncertainty In The Struggle Over Health Policy, Paul Starr Jan 2013

Law And The Fog Of Healthcare: Complexity And Uncertainty In The Struggle Over Health Policy, Paul Starr

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Controlling Medicare Costs: Moving Beyond Inept Administered Pricing And Ersatz Competition, Thomas L. Greaney Jan 2013

Controlling Medicare Costs: Moving Beyond Inept Administered Pricing And Ersatz Competition, Thomas L. Greaney

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Embracing Justice Roberts’ “New Medicaid”, Sidney D. Watson Jan 2013

Embracing Justice Roberts’ “New Medicaid”, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.


A Moral Mandate & The Meaning Of Choice: Conceiving The Affordable Care Act After Nfib, Brietta Clark Jan 2013

A Moral Mandate & The Meaning Of Choice: Conceiving The Affordable Care Act After Nfib, Brietta Clark

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medicaid’S Next Fifty Years: Aligning An Old Program With The New Normal, Sara Rosenbaum Jan 2013

Medicaid’S Next Fifty Years: Aligning An Old Program With The New Normal, Sara Rosenbaum

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Employers’ Use Of Health Insurance Exchanges: Lessons From Massachusetts, Mark A. Hall Jan 2013

Employers’ Use Of Health Insurance Exchanges: Lessons From Massachusetts, Mark A. Hall

Saint Louis University Journal of Health Law & Policy

No abstract provided.


A Nudge In The Right Direction With A Stick The Size Of Cms: Physician-Patient Communication At The End Of Life, Katherine B. Ledden Jan 2013

A Nudge In The Right Direction With A Stick The Size Of Cms: Physician-Patient Communication At The End Of Life, Katherine B. Ledden

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Introducing Patient Scope Of Care: Psychologists, Psychiatrists, And The Privilege To Prescribe Drugs, Rachel P. Berland Jan 2013

Introducing Patient Scope Of Care: Psychologists, Psychiatrists, And The Privilege To Prescribe Drugs, Rachel P. Berland

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2013

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2013

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Foreword, Robert Gatter Jan 2013

Foreword, Robert Gatter

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Dual Use Dilemma: Crying Out For Leadership, David R. Franz Jan 2013

The Dual Use Dilemma: Crying Out For Leadership, David R. Franz

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Dual Use Research Policy Implementation, Carole R. Baskin, Todd J. Richardson Jan 2013

Dual Use Research Policy Implementation, Carole R. Baskin, Todd J. Richardson

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Life Sciences Dual Use Research Of Concern, Public Health And Safety, And The Doctrine Of Unconstitutional Conditions, Vickie J. Williams Jan 2013

Life Sciences Dual Use Research Of Concern, Public Health And Safety, And The Doctrine Of Unconstitutional Conditions, Vickie J. Williams

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Biodiplomacy: A Better Approach To Dual Use Concerns, Victoria Sutton Jan 2013

Biodiplomacy: A Better Approach To Dual Use Concerns, Victoria Sutton

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Regulating Dual Use Research To Promote Public Trust: A Reply To Dr. Franz, Robert Gatter Jan 2013

Regulating Dual Use Research To Promote Public Trust: A Reply To Dr. Franz, Robert Gatter

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Fatal Medical Negligence And Missouri’S Perverse Incentive, Daniel J. Sheffner Jan 2013

Fatal Medical Negligence And Missouri’S Perverse Incentive, Daniel J. Sheffner

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Medicare Price Problems And The Ruc: Wagging The Dog, David W. Fuchs Jan 2013

Medicare Price Problems And The Ruc: Wagging The Dog, David W. Fuchs

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Stemming The Federal Tort Fountain: Why Federal Courts Should Maintain Implied Certification Limitations On Qui Tam Suits Against Nonclaimant Defendants, Dennis O. Vann Jr. Jan 2013

Stemming The Federal Tort Fountain: Why Federal Courts Should Maintain Implied Certification Limitations On Qui Tam Suits Against Nonclaimant Defendants, Dennis O. Vann Jr.

Georgia Law Review

Qui tam suits in the health-care industry increasingly
target pharmaceutical and medical-device manufacturers
rather than the medical providers who directly make
claims to federal health-insurance programs. These suits
commonly argue that the manufacturer induced the
provider to falsely certify compliance with federal and
state antifraud laws, such as the Anti-Kickback Statute.
This Note shows that suits based on such "implied
certification"of adherence to laws should not be permitted
under the Federal False Claims Act unless the
non submitting defendant is first convicted of providing a
kickback. First, this Note analyzes recent amendments to
the Anti-Kickback Statute in the Affordable Care …


The Individual Mandate As Health Care Regulation: What The Obama Administration Should Have Said In Nfib V. Sebelius, Abigail R. Moncrieff Jan 2013

The Individual Mandate As Health Care Regulation: What The Obama Administration Should Have Said In Nfib V. Sebelius, Abigail R. Moncrieff

Law Faculty Articles and Essays

There was an argument that the Obama Administration's lawyers could have made—but didn't—in defending Obamacare 's individual mandate against constitutional attack. That argument would have highlighted the role of comprehensive health insurance in steering individuals' healthcare savings and consumption decisions. Because consumer-directed healthcare, which reaches its apex when individuals self-insure, suffers from several known market failures and because comprehensive health insurance policies play an unusually aggressive regulatory role in attempting to correct those failures, the individual mandate could be seen as an attempt to eliminate inefficiencies in the healthcare market that arise from individual decisions to self-insure. This argument would …