Health Law and Policy Commons^™

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.

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 …

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 …

The Rules Of The Fight Must Be Fair: States Should Pass A Uniform Code For Nonprofit Hospital Tax Exemption Of Real Property, Lowell R. Mintz

Journal of Law and Health

The lines have been blurred between a charitable hospital and a profit-generating healthcare business. The definition of charitable care has been under pressure from government taxing authorities seeking to raise tax revenues by challenging the tax exemption for vast amounts of hospital real estate. Charitable hospitals are pushing to expand the definition of charitable care, while at the same time seeking tax exemption for a growing number of satellite properties. This conflict between governments and hospitals is leading to confusion about what qualifies as charity care, warranting nonprofit status, and the privilege of tax exemption. Local taxing authorities, state courts, …

County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?, Alisha Howell

Public Interest Law Reporter

No abstract provided.

Introduction, Peter J. Strauss

NYLS Law Review

No abstract provided.

An Insurance Structure To Encourage Investment In Preventative Health Care, Nicholas Georgakopoulos

University of Michigan Journal of Law Reform

The incentives for investments in Americans' health are poorly aligned. Health insurers are not sufficiently motivated to invest for the long term. The structure of health insurance does not compensate insurers for investments in lasting health, such as measures preventing chronic disease. If an American changes insurers, the new insurer reaps the benefits of the good health the prior insurer's investment produced. This Essay explores insurers' incentives to invest in health, illustrates how those incentives fail, explores possible improvements, and shows that subsequent insurers should have an obligation to compensate the prior insurer for the averted expenses of expected diseases …

A "Common" Proposal, Stacey A. Tovino

Faculty Articles

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 …

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

Faculty Articles

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 …

Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino

Faculty Articles

Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.

“Rugged Vaginas” And “Vulnerable Rectums”: The Sexual Identity, Epidemiology, And Law Of The Global Hiv Epidemic, Aziza Ahmed

Faculty Scholarship

AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this Article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the "identity/risk narrative ": the commonsense understanding about an identity group's HIV risk. For example, epidemiology offers the biological narrative of risk: anal sex and the weak rectal lining make men who have sex with men more vulnerable to HIV; while the fragility of a woman's vaginal wall provides a biological foundation for women's vulnerability. …

With Liberty And Access For Some: The Aca's Disconnectfor Women's Health, Nicole Huberfeld

Faculty Scholarship

The ACA denies to women the "basic security" of providing insurance for a procedure that statistics show one in three women will need during their reproductive lifetime. On one hand, the access-enhancing elements of the ACA are likely to help women, who earn lower wages, need more medical care, and live longer than men, to gain access to preventive and regular healthcare and to keep the insurance that they have. On the other hand, poor women and women of color will lose ground in access to abortion, because the ACA prevents insurance payment for abortions through both public and private …

Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller

Catholic University Law Review

No abstract provided.

A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz

University of Maryland Law Journal of Race, Religion, Gender and Class

"A Time for Change: Why the MSM Lifetime Deferral Policy Should be Amended," discusses the need to amend the men who have sex with men (MSM) Lifetime Deferral to blood donations enforced by the Food and Drug Administration. This comment reviews the current policy within the current legal and cultural landscape and argues for the immediate need for reform.

Groundwater, Darcy S. Bushnell, Diego Urbina

Water Matters!

Since the late nineteenth century, New Mexicans have been developing the state’s groundwater resources. From hand-dug wells to proposed wells that could penetrate to 12,000 feet, residents have sought sources to supplement and replace surface water. The state relies upon groundwater to supply almost 50 percent of its needs.

As the population grows and drought intensifies, groundwater sources are tapped with increasing urgency. Limited steps are being taken to preserve groundwater through conservation, groundwater recharge, and regulation.

Community Water Systems, Joanne Hilton, Susan Kelly, Sarah Armstrong

Water Matters!

Apart from the major cities along the Rio Grande corridor, much of New Mexico remains relatively rural. Recent studies estimate a 2013population of around 2,085,500 statewide. In the state fiscal year 2011,about 1,836,000 people, or 88 percent of New Mexico’s population obtain their water from community water systems. Approximately 284,000 people, or about14 percent of the population, receive their drinking water from community water systems serving fewer than 5,000 people. As of 2012, there are 1,148 public water systems that provide drinking water in New Mexico. Of these systems, 593are community water systems; of these, 546 serve fewer than 5,000 …

The Rio Grande As An International River, Margaret J. Vick

Water Matters!

The Rio Grande is divided into two major river reaches and has different legal regimes for each. New Mexico is primarily concerned with the Rio Grande from the headwaters in Colorado to Ft. Quitman in Texas, a distance of approximately 670 miles. This section of the river is the subject of the1906 Rio Grande Convention (Treaty) between the United States and Mexico. The lower section of the Rio Grande from Ft. Quitman to the Gulf of Mexico is the subject of the 1944 Rivers Treaty between the United States and Mexico; the 1944 Rivers Treaty also includes the Colorado and …

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

Scholarly Works

Of the four discrete questions before the Court in National Federation of Independent Business v. Sebelius, the Medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective. As authors of an amicus brief supporting the Medicaid expansion, and scholars with expertise in health law who have been cited by the Court, we show in this article why NFIB is likely to fulfill that promise.

For the first time in its history, the Court held federal legislation based upon the spending power to be unconstitutionally coercive. Chief Justice Roberts’ plurality (joined for future voting purposes …