Health Law and Policy Commons^™

Is Circumcision Legal?, Peter W, Adler

Richmond Public Interest Law Review

An important, divisive, and unanswered question of American law - and indeed of international law - is whether it is legal to circumcise healthy boys. American medical association and experts assert that circumcision is a common, safe, and relatively painlesss procedure with many medical benefits that exceed the risks. They argue that insurance should pay for it. Some religious organizations argue that circumcision is a sacred religious ritual. In any event, proponents claim that parents have a general and religious right to make the circumcision decision. They can point to the fact that no physician has ever been held liable …

Volume 22 Issue 2 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Asking The Right Questions: Body Scanners, Is Salus Populi Supreme Lex The Answer?, Victoria Sutton

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Patent Eligibility Of Diagnostic Methods After Prometheus: A Redefined Test For Transformation, Scott Frederick Peachman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 23 Issue 1 (2013)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 23 Issue 1 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Changing Landscape Of Carrier Screening: Expanding Technology And Options?, Michelle L. Mcgowan, Deborah Cho, Richard R. Sharp

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Opportunistic Testing: The Death Of Informed Consent?, Dena S. Davis

Health Matrix: The Journal of Law-Medicine

No abstract provided.

What Does Choice Really Mean?: Prenatal Testing, Disability, And Special Education Without Illusions, Deborah Pergament

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Safeguards For Mentally Disabled Respondents In Removal Proceedings, Christina P. Greer

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Defining Intellectual Disability And Establishing A Standard Of Proof: Suggestions For A National Model Standard, Natalie Cheung

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 23 Issue 2 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Direct And Enhanced Disclosure Of Researcher Financial Conflicts Of Interest: The Role Of Trust, Roy G. Spece Jr.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Nanotechnology: Using Co-Regulation To Bring Regulation Of Modern Technologies Into The 21st Century, Michelle Reese

Health Matrix: The Journal of Law-Medicine

No abstract provided.

"I Hate My Doctor": Reputation, Defamation, And Physician-Review Websites, Sean D. Lee

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Do Graphic Tobacco Warnings Violate The First Amendment?, Nathan Cortez

Faculty Journal Articles and Book Chapters

When Congress passed the nation’s first comprehensive tobacco bill in 2009, it replaced the familiar Surgeon General’s warnings, last updated in 1984, with nine blunter warnings. The law also directed the U.S. Food and Drug Administration ('FDA') to require color graphics to accompany the textual warnings. By law, the warnings would cover the top fifty percent of the front and back of tobacco packaging and the top twenty percent of print advertisements, bringing the United States closer to many peer countries that now require graphic warnings. Tobacco companies challenged the requirement on First Amendment grounds, arguing that the compelled disclosures …

The Mobile Health Revolution?, Nathan Cortez

Faculty Journal Articles and Book Chapters

Rarely does a class of technologies excite physicians, patients, financeers, gadgeteers, and policymakers alike. But mobile health — the use of mobile devices like smartphones and tablets for health or medical purposes — has captured our collective imagination. Observers predict that mobile health, also referred to as “mHealth” or “medical apps,” can save millions of lives, billions in spending, and democratize access to health care. Proponents argue that mobile health technologies will transform the ways in which we deliver, consume, measure, and pay for care; disrupting our sclerotic health care system.

This Article evaluates mobile health and its many ambitions. …

Revisiting Omnicare: What Does Its Status 10 Years Later Tell Us?, Megan Wischmeier Shaner

Faculty Articles

No abstract provided.

More Law Than Politics: The Chief, The “Mandate,” Legality, And Statesmanship, Neil S. Siegel

Faculty Scholarship

This chapter in a forthcoming book on NFIB v. Sebelius asks whether the various parts of Chief Justice Roberts’s opinion on the minimum coverage provision are legally justifiable. I focus on what Roberts decided, not why he decided it that way.

Law is fully adequate to explain the Chief Justice’s vote to uphold the minimum coverage provision as within the scope of Congress’s tax power. Roberts embraced the soundest constitutional understanding of the Taxing Clause. He also showed fidelity to the law by applying—and not just giving lip service to—the deeply entrenched presumption of constitutionality that judges are supposed to …

Home Alone: Allowing Health Care To Work For Unaccompanied Minors, Graham Bowman

Public Interest Law Reporter

No abstract provided.

Honoring A Common Humanity: Maxims For Achieving Social Justice, Schweitzer Leadership Award Acceptance Remarks, Emily A. Benfer Prof.

Public Interest Law Reporter

No abstract provided.

Somewhere To Go: Protecting Families Facing Mental Illness Through Healthcare Reform And The Medical-Legal Partnership Model, Amanda M. Walsh

Public Interest Law Reporter

No abstract provided.

The Aca's Preventive Mandate: Funding Precendent Program In Race To Reach Communities Before Illness, Lacey Asia Williams

Public Interest Law Reporter

No abstract provided.

Reevaluating The "Physician"--Reasonable Compensation For Allied Health Professionals Advocating On Behalf Of Their Patients In Illinois, Rachelle Sico

Public Interest Law Reporter

No abstract provided.

Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact , Jennifer Clark

Journal of Law and Health

In New York suppression of evidence is only appropriate where constitutional, statutory, or decisional authority mandates it, even if obtained by unethical or unlawful means. The courts have been split on how to apply this standard to evidence obtained in violation of HIPAA. In the case In re Miguel M., the New York Court of Appeals addressed this question for the first time, finding that such evidence should be suppressed. Because it is the first authoritative case in New York addressing the evidentiary impact of a HIPAA violation, it is tempting to read Miguel M. as creating a new evidentiary …

The Dark Side Of The Boom: The Peculiar Dilemma Of Modern False Claims Act Litigation, David S. Torborg

Journal of Law and Health

Spurred by treble damages, substantial penalties, and lucrative relator awards, litigation under federal and state False Claims Act (“FCA”) statutes has exploded in recent years. Much of that explosion stems from aggressive and creative legal theories that challenge controversial industry practices or even well-known loopholes or waste in government policy. Evidence from governmental entities can be critically important in litigating these FCA claims. Unique aspects of False Claims Act actions, however, can aggravate the risk of losing this important evidence, leaving the parties, judges, and juries without the evidentiary record necessary to equitably adjudicate these disputes. Defendants can face the …

Health Care Sharing Ministries: Scam Or Solution?, Benjamin Boyd

Journal of Law and Health

Health Care Share Ministries (HCSMs) provide “a health care cost sharing arrangement among persons of similar and sincerely held beliefs.” HCSMs are not-for-profit religious organizations that act as clearinghouses for “those who have medical expenses and those who desire to share the burden of those medical expenses. This Article begins with a survey of the general regulatory landscape for HCSMs. Following that, four key questions about HCSMs structure the rest of this Article. The first question asks, what are HCSMs? To answer that question, this Article examines the basic aspects of the Medi-Share program and the Christian Brotherhood Newsletter. Second, …

The Stark Physician Self-Referral Law And Accountable Care Organizations: Collision Course Or Opportunity To Reconcile Federal Anti-Abuse And Cost-Saving Legislation?, Benjamin Holland Able

Journal of Law and Health

Scholars and legal practitioners have long debated the virtues and vices of integrated models of health care delivery and financing. Few such models have been as promising or as rapidly adopted as Accountable Care Organizations (“ACOs”), the latest concept in delivering cost-effective, high-quality health care. Implementation of pre-ACO models, however, never required extensive grants of immunity to providers and suppliers from the federal Stark physician self-referral law (“Stark”) and other fraud and abuse laws. The broad waivers issued by the Centers for Medicare & Medicaid Services (“CMS”) for implementing ACOs raise unprecedented legal questions concerning Stark’s application to these hospital/physician …