Health Law and Policy Commons^™

Federal Jurisdiction Over Claims By State Attorneys General: The Case For Removal Of Pharmaceutical Parens Patriae Suits As “Mass Actions” Under The Class Action Fairness Act Of 2005, Amy Mcintire

Health Law and Policy Brief

No abstract provided.

Telehealth: Into The Mainstream?, Lisa Sprague

National Health Policy Forum

Teleheath, and its subset telemedicine, extend across a range of technologies allowing patients to seek diagnosis, treatment, and other services from clinicians by electronic means. Telephone, videoconferencing, iPads, and apps are all employed. In its most established form, hospitals and medical centers use telehealth to reach patients in underserved rural areas. Proponents of telehealth suggest it can relieve medical workforce shortages; save patients time, money, and travel; reduce unnecessary hospital visits; improve the management of chronic conditions; and improve continuing medical education. But telehealth also faces ongoing challenges. States require physicians to be licensed in each state where they treat …

Beyond Repeal—A Republican Proposal For Healthcare Reform, Timothy Stoltzfus Jost

Scholarly Articles

Not available.

Crisis Of Care, Dr. Emily Sanchez Salcedo

Center for Business Research and Development

A couple of months prior to my daughter's first birthday, my husband and I decided with heavy hearts to look for a daycare facility that can accommodate our pressing needs. I was on the final months of my doctoral studies with a dissertation waiting to be concluded and defended while reviewing for the New York bar examination and trying to earn a few dollars as a library assistant - there was no way I could still be a full-time mother at the same time unless sleep goes out of vogue. We were in the United States where house helpers are …

Does Negative Affect Mediate The Relationship Between Daily Ptsd Symptoms And Daily Alcohol Involvement In Female Rape Victims? Evidence From 14 Days Of Interactive Voice Response Assessment, Amy Cohn, Brett T. Hagman, Kathleen A. Moore, Jessica Mitchell, Sarah Ehlke

Mental Health Law & Policy Faculty Publications

The negative reinforcement model of addiction posits that individuals may use alcohol to reduce negative affective (NA) distress. The current study investigated the mediating effect of daily NA on the relationship between daily PTSD symptoms and same-day and next-day alcohol involvement (consumption and desire to drink) in a sample of 54 non-treatment-seeking female rape victims who completed 14 days of interactive voice response assessment. The moderating effect of lifetime alcohol use disorder diagnosis (AUD) on daily relationships was also examined. Multilevel models suggested that NA mediated the relationship between PTSD and same-day, but not next-day alcohol involvement. NA was greater …

The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe

Washington and Lee Law Review

No abstract provided.

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.

Addressing The Ethical Challenges In Genetic Testing And Sequencing Of Children, Ellen Wright Clayton, Laurence B. Mccullough, Leslie G. Biesecker, Steven Joffe, Lainie Friedman Ross, Susan M. Wolf

Vanderbilt Law School Faculty Publications

American Academy of Pediatrics (AAP) and American College of Medical Genetics (ACMG) recently provided two recom-mendations about predictive genetic testing of children. The Clinical Sequencing Exploratory Research Consortium’s PediatricsWorking Group compared these recommendations, focusing on operational and ethical issues specific to decision making forchildren. Content analysis of the statements addresses two issues: (1) how these recommendations characterize and analyze locusof decision making, as well as the risks and benefits of testing, and (2) whether the guidelines conflict or come to different butcompatible conclusions because they consider different testing scenarios. These statements differ in ethically significant ways.AAP/ACMG analyzes risks and benefits …

Money Follows The Person (Mfp) Rebalancing Demonstration: A Work In Progress, Carol O'Shaughnessy

National Health Policy Forum

In recent years, federal and state policy efforts have expanded opportunities for people to live in home- and community-based settings rather than in nursing homes and other institutions. As part of the Deficit Reduction Act of 2005, Congress enacted the Money Follows the Person Rebalancing (MFP) program, a Medicaid demonstration to help people who need long-term services and supports (LTSS) transition from nursing homes and other institutions to their own homes or other community settings. The Patient Protection and Affordable Care Act of 2010 extended the program through September 30, 2016. Now in its eighth year of operation, MFP grants …

A Corporation Has No Soul — The Business Entity Law Response To Challenges To The Ppaca Contraceptive Mandate, Thomas E. Rutledge

William & Mary Business Law Review

The most contentious matter in the implementation of the Patient Protection and Affordable Care Act is not one of health care, but rather one of the law of business organizations. Numerous for-profit business organizations have challenged the portion of the PPACA and its related regulations requiring that group health insurance plans provide, on a no-cost sharing basis, coverage for a variety of procedures and prescription medicines involving contraception and what some describe as “abortificants.” In these suits, the various business ventures and their owners assert that they should be exempt from the requirement of the mandate on the basis that, …

Cholera As A Grave Violation Of The Right To Water In Haiti, Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom

Faculty White Papers

This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further discusses the …

Expanding Women’S Healthcare Access In The United States: The Patchwork “Universalism” Of The Affordable Care Act, Randy Albelda, Diana Salas Coronado

Center for Social Policy Publications

This paper explores the promise of the Patient Protection and Affordable Care Act, commonly called “Obamacare” (referred to here as the ACA), with attention to the ways gender matter by tracing the development and implementation of key US social protection systems, an examination of the current health system with particular attention to women’s coverage, and the potential impacts of the ACA, including how it conforms to international human rights norms for health care. The ACA promises to vastly improve the key dimensions of health coverage in the US, but it conforms with other US social policy by relying on market-based …

The Affordable Care Act, Remedy, And Litigation Reform, Brendan S. Maher

Faculty Scholarship

The Patient Protection and Affordable Care Act of 2010 (“ACA”) rewrote the law of private health insurance. How the ACA rewrote the law of civil remedies, however, is — to date — a question largely unexamined by scholars. Courts everywhere, including the United States Supreme Court, will soon confront this important issue.

This Article offers a foundational treatment of the ACA on remedy. It predicts a series of flashpoints over which litigation reform battles will be fought. It identifies several themes that will animate those conflicts and trigger others. It explains how judicial construction of the statute’s functional predecessor, the …

Comparative Effectiveness Research As Choice Architecture: The Behavioral Law And Economics Solution To The Health Care Cost Crisis, Russell Korobkin

Michigan Law Review

With the Patient Protection and Affordable Care Act (“ACA”) set to dramatically increase access to medical care, the problem of rising costs will move center stage in health law and policy discussions. “Consumer directed health care” proposals, which provide patients with financial incentives to equate marginal costs and benefits of care at the point of treatment, demand more decisionmaking ability from consumers than is plausible due to bounded rationality. Proposals that seek to change the incentives of health care providers threaten to create conflicts of interest between doctors and patients. New approaches are desperately needed. This Article proposes a government-facilitated …

Communicating With Patients And Families About Difficult End Of Life Decisions: A Guide For Medical Providers, Jim Demaine, Joi Murotani Dennett

Hamline Law Review

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Hospital Medical Futility Policy & The Severely Disabled Child: Is Disability A Death Sentence?, Laura C. Hoffman

Hamline Law Review

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Peeking Inside The Black Box: One Institution's Experience Developing Policy For Unrepresented Patients, Rebecca L. Volpe, Deborah Steinman

Hamline Law Review

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Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah

Hamline Law Review

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Advances In Neuroimaging And The Vegetative State: Implications For End-Of-Life Care, Maxine H. Harrington

Hamline Law Review

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It Isn't Easy Being Pink: Potential Problems With Polst Paradigm Forms, Stanley A. Terman

Hamline Law Review

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The Nursing Home As Part Of The Polst Paradigm, Marshall B. Kapp

Hamline Law Review

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Legal, Medical, And Ethical Issues In Minnesota End-Of-Life Care: An Introduction To The Symposium, Thaddeus M. Pope

Hamline Law Review

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Legal And Ethical Responsibilities Following Brain Death: The Mcmath And Muñoz Cases, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

What are the legal and ethical implications of continuing to treat a brain dead patient? And may a hospital refuse to provide such treatment? These ethical and legal problems are raised in two recent cases. In the first Marlise Muñoz, a pregnant woman declared brain dead, was kept on life support against her family’s wishes due to the treating hospital’s interpretation of a Texas fetal protection law. In the other a hospital refused to treat Jahi McMath, a brain dead girl, despite her family's entreaties. The cases, at first, appear similar because in each case the hospital was refusing to …

The Drug Quality And Security Act - Mind The Gaps, Kevin Outterson

Faculty Scholarship

After the compounding pharmacy disaster at New England Compounding Center, Congress had an opportunity to assure that all compounded medicines were safe and effective. The Drug Quality and Safety Act, despite its name, fell short of that mark.

Health Law And Policy In The News, Jake Harper, Krista Maier, Kristen Tullia, Gary Norman

Health Law and Policy Brief

No abstract provided.

Problems And Developments In The Tax-Exemption Of Health Care Providers, Patrick Manders

Health Law and Policy Brief

No abstract provided.

Safety And Access: Is The Uk Regulatory Model Right For America?, Jocelyn Sweet

Health Law and Policy Brief

No abstract provided.

Treating Health Care Under The Right To Health: Why The Public Option Is The Only Way To Prevent Inequitable Access To Medications From Becoming Terminal, Ashley Goren

Health Law and Policy Brief

No abstract provided.

International Disparities Panel, Sean Flynn

Health Law and Policy Brief

No abstract provided.