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Articles 241 - 270 of 464
Full-Text Articles in Health Law and Policy
Action For Dental Health Year One Report To Congress, American Dental Association
Action For Dental Health Year One Report To Congress, American Dental Association
Action for Dental Health
No abstract provided.
Action For Dental Health Year One Report To Congress Executive Summary, American Dental Association
Action For Dental Health Year One Report To Congress Executive Summary, American Dental Association
Action for Dental Health
No abstract provided.
Ahla Health Law Curriculum Manual, Kevin Outterson
Ahla Health Law Curriculum Manual, Kevin Outterson
Books
Despite being a significant segment of the economy, the discipline of health law is relatively new. This is particularly evident in many law schools where health law is still not represented by a full-time faculty member. Some of these schools either do not teach any courses in the area or rely primarily on adjuncts. For those unfamiliar with the discipline, it can be difficult to understand its content and breadth, which becomes a particular challenge to faculties that want to hire a health law professor for the first time, or for academic deans attempting to identify appropriately qualified adjuncts. Meanwhile, …
Democratic Deliberation And The Ethical Review Of Human Subjects Research, Govind Persad
Democratic Deliberation And The Ethical Review Of Human Subjects Research, Govind Persad
Sturm College of Law: Faculty Scholarship
In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous …
Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad
Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad
Sturm College of Law: Faculty Scholarship
Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that …
Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin
Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck
Maryland Law Review
No abstract provided.
Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru
Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru
The Modern American
No abstract provided.
Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong
Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong
The Modern American
No abstract provided.
Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske
Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske
Articles by Maurer Faculty
This Essay refutes Adler’s and Cannon’s argument that the Affordable Care Act (“Obamacare”) does not authorize premium tax credits for insurance policies purchased from the federal healthcare Exchanges. Adler’s and Cannon’s argument is the basis of challenges in a number of ongoing lawsuits, including Oklahoma ex rel. Pruitt v. Sebelius and Halbig v. Sebelius. This Essay conducts a textual analysis of the Affordable Care Act and concludes that the text clearly authorizes premium tax credits for insurance policies purchased from the federal healthcare Exchanges.
On November 7th, 2014, the U.S. Supreme Court agreed to hear the appeal of the King …
How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund
How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund
UIC Law Review
No abstract provided.
Unfinished Business: The Affordable Care Act And The Problem Of Delayed And Denied Erisa Health Care Claim, 47 J. Marshall L. Rev. 887 (2014), Katherine Vukadin
Unfinished Business: The Affordable Care Act And The Problem Of Delayed And Denied Erisa Health Care Claim, 47 J. Marshall L. Rev. 887 (2014), Katherine Vukadin
UIC Law Review
No abstract provided.
The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo Desantis
The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo Desantis
UIC Law Review
This Article explores the less-discussed consequences to Exchanges in non-Expansion states. One consequence is that the rules designed to help individuals who fall on hard time maintain coverage can work against the poor in non-Expansion states. In those states, common life events, marriage, divorce, a new child, a job loss, and retirement, can push lower income enrollees out of subsidy eligibility. And if enrollees report income changes to the Exchange — as most Exchanges require — they’ll lose their subsidies. But in non-Expansion states, enrollees may be better off not notifying Exchanges of certain income drops.
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
UIC Law Review
This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.
Health Accounts/Arrangements: An Expanding Role Under The Affordable Care Act?, 47 J. Marshall L. Rev. 991 (2014), Edward Morse
Health Accounts/Arrangements: An Expanding Role Under The Affordable Care Act?, 47 J. Marshall L. Rev. 991 (2014), Edward Morse
UIC Law Review
This article outlines the foundations of health-related accounts and arrangements, including tax and economic considerations affecting their role in various designs for health insurance coverage. It explores the impact of the Affordable Care Act (ACA) and related administrative guidance affecting their usage, arguing that emerging trends showing that insured patients are bearing increasingly significant levels of out-of-pocket costs suggest an expanding role for consumer-directed accounts and arrangements, albeit one clouded by looming excise taxes imposed on “excess benefit” coverage beginning in 2018. It also examines the potential to utilize health accounts/arrangements to resolve moral and ethical conflicts in healthcare policy. …
Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs
Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs
UIC Law Review
No abstract provided.
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
UIC Law Review
This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
UIC Law Review
No abstract provided.
The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano
UIC Law Review
No abstract provided.
Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith
Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith
Washington International Law Journal
Restrictive Philippine laws and a lack of public funding have limited Filipinos’ access to modern contraception, resulting in high maternal mortality rates, high birth rates, unmet needs for family planning, and health disparities between the lowest-income and wealthier women. Following the 1991 decentralization reforms, Local Government Units plan, administer, and fund most Philippine health services. In the context of reproductive healthcare, decentralization has led to inequality, inadequate financing, successful opposition to contraception by the Catholic Church, and a lack of clear national standards. After a fourteen-year legislative struggle, on December 21, 2012, President Aquino signed “The Responsible Parenthood and Reproductive …
Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser
Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser
Chicago-Kent Law Review
Supplemental needs trusts are trusts designed to assist individuals with disabilities by paying for services and items that Medicaid will not pay for. Federal law, however, is unclear as to whether using one of these trusts automatically disqualifies someone from receiving Medicaid, thereby causing the circuit courts to split on their interpretation. Some circuits have held that the Medicaid statute allows states to enact laws prohibiting the use of these trusts while receiving Medicaid benefits based on the federal law’s statutory language. While other circuits have ruled that individuals can simultaneously receive Medicaid benefits and use supplemental needs trusts given …
Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse
Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse
Journal of Law and Health
This essay uses Astrue v. Capato as a platform to examine how liberty and equality interact within parent-child relationships. It observes that as prospective parents have experienced an increase in liberty due to new reproductive technologies the children they create have not necessarily experienced a commensurate increase in equality. The law’s myopic focus on parent-child relationships rather than provider-dependent relationships renders posthumously conceived children unequal along multiple dimensions. They may have not only one provider, but also only one parent. This essay argues that shifting the law’s focus away from identifying parents and towards identifying providers would mitigate the status …
Posthumously Conceived Children: An International And Human Rights Perspective , Maya Sabatello
Posthumously Conceived Children: An International And Human Rights Perspective , Maya Sabatello
Journal of Law and Health
This essay considers posthumous conception from an international and child-centered approach. After a sketch in Part I of the phenomenon of posthumous conception and the complexities it evokes, Part II examines the types of issues arising in court cases concerning posthumous conception. Part III considers how courts in their rulings have addressed the welfare and best interests of posthumously conceived children and analyzes the scope and meaning of relevant decisions. Part IV looks into children’s rights or interests raised in those judicial decisions: parental acknowledgement, family structures, identity harm, and inheritance and social benefits. This part draws on the Convention …
Fertility Preservation For Medical Reasons And Reproductive Justice, Seema Mohapatra
Fertility Preservation For Medical Reasons And Reproductive Justice, Seema Mohapatra
Faculty Scholarship
No abstract provided.
A Clustering Method To Identify Who Benefits Most From The Treatment Group In Clinical Trials, Beom S. Lee, Pranab K. Sen, Nan Park, Roger A. Boothroyd, Roger H. Peters, David A. Chiriboga
A Clustering Method To Identify Who Benefits Most From The Treatment Group In Clinical Trials, Beom S. Lee, Pranab K. Sen, Nan Park, Roger A. Boothroyd, Roger H. Peters, David A. Chiriboga
Mental Health Law & Policy Faculty Publications
In randomized controlled trials (RCTs), the most compelling need is to determine whether the treatment condition was more effective than control. However, it is generally recognized that not all participants in the treatment group of most clinical trials benefit equally. While subgroup analyses are often used to compare treatment effectiveness across pre-determined subgroups categorized by patient characteristics, methods to empirically identify naturally occurring clusters of persons who benefit most from the treatment group have rarely been implemented. This article provides a modeling framework to accomplish this important task. Utilizing information about individuals from the treatment group who had poor outcomes, …
The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman
The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman
Journal of Law and Health
The United States and eleven other countries are currently in the end stages of negotiating the Trans-Pacific Partnership (TPP)—the largest free trade agreement (FTA) in U.S. history—which incorporates a range of trade topics, including the protection and enforcement of intellectual property rights (IPRs). Although the negotiations have been highly secretive, negotiating texts of the agreement leaked as recently as November 2013 have suggested that the United States is proposing IPR provisions, specifically relating to patent protection, that are stronger and less flexible than IPR provisions included within three of the four most recent U.S. FTAs. This paper addresses and analyzes …
Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart
Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart
Journal of Health Care Law and Policy
No abstract provided.
Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer
Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer
Journal of Health Care Law and Policy
No abstract provided.
Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark
Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark
Journal of Health Care Law and Policy
No abstract provided.
The Medicaid Gamble, Ann Marie Marciarille
The Medicaid Gamble, Ann Marie Marciarille
Journal of Health Care Law and Policy
No abstract provided.