Health Law and Policy Commons^™

The "Golden Rules" For Eliminating Disparities: Title Vi, Medicare, And The Implementation Of The Affordable Care Act, David Barton Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Why The Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall, Marc A. Rodwin, Justin Silverman, David Merfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Responding To Requests For Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard, Lindsay Penrose

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Prosecuting Women For Drug Use During Pregnancy: The Criminal Justice System Should Step Out And The Affordable Care Act Should Step Up, Erin D. Kampschmidt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis, Teneille R. Brown

Utah Law Faculty Scholarship

Given its importance to the law, it is regrettable that judges and lawyers do not fully understand how the DSM is constructed, and the bedrock of values on which it rests. As evidence of this, lawyers and judges often refer to the DSM as the “psychiatric bible.” This language is both fascinating and perplexing. This Article will attempt to correct the notion that the DSM is a legal “psychiatric bible” by explaining how it is created and used by the medical field. It will also provide a few reasons why the law may have come to view it as a …

Vets Just Want Fair Benefits, Patricia E. Roberts

Faculty Articles

No abstract provided.

Avoiding Unintended Disclosure: Representing Clients With Hiv And Aids, Lashanda Taylor Adams

Journal Articles

When the HIV/AIDS epidemic was initially recognized in the United States, many attorneys wondered what it would mean to represent a client with HIV. As the number of HIV-infected individuals grew, so did the need for attorneys to represent them. Specifically, attorneys questioned whether or not their duty of confidentiality would expose them to civil liability from failing to protect a third party.1 In response to this concern, several law review articles were written discussing the dilemma faced by attorneys bound by professional rules of conduct.2 These articles focused on the needs of the attorney and the public rather than …

Transformations In Health Law Practice: The Intersections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara Zabawa, Paula Galowitz

Faculty Works

The passage and implementation of the Affordable Care Act is propelling transformations in health care. The transformations include integration of clinics and hospitals, value based care, patient centeredness, transparency, computerized business models and universal coverage. These shifts are influencing the practice of health law, a vibrant specialty field considered a "hot" area for new lawyers. The paper examines how the transformations in health care are intersecting with ongoing trends in law practice: increase in in-house positions, collaboration between medical and legal professionals, and the continued search for increased access to legal representation for ordinary people. Three health law workplace sites …

Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.

Sharing The Burden Of Ebola Vaccine Related Adverse Events, Sam Halabi, John T. Monahan

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Professor Aloysius A. Leopold: An Extraordinary Man., Gerry W. Beyer

St. Mary's Law Journal

Abstract Forthcoming.

Snap To Healthier Eating: A Comprehensive Look Into How The Supplemental Nutrition Assistance Program (Snap) Can Reduce Health Care Costs, Rictrell L. Pirtle

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Show-Cause Showdown: A Circuit Split In Applying The Affordable Care Act To Miners, Eric Finke

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Incorporation Of Health Impact Analysis Into Land Use Regulation: Using Health Impact Assessments To Promote Sustainable, Healthy Communities, Liz Darling Edmondson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program, Stephen Mcinerney

University of Michigan Journal of Law Reform

Advances in mobile technology continually create new possibilities for the future of medical care. Yet these changes have also created concerns about patient safety. Under the Food, Drug, and Cosmetic Act, the Food and Drug Administration (FDA) has the authority to regulate a broad spectrum of products beyond traditional medical devices like stethoscopes or pacemakers. The regulatory question is not if the FDA has the statutory authority to regulate health-related software, but rather how it will exercise its regulatory authority. In September 2013, the FDA published Final Guidance on Mobile Medical Applications; in it, the Agency limited its oversight to …

Defusing The Bug Bomb: Legal Strategies To Combat Antibiotic Resistant Infections, Andrew Geltman

Journal of Health Care Law and Policy

The overuse of antibiotics has created a potential public health menace—the growth of microbial infections resistant to them. Antibiotic resistance stems from many causes that include the use of antibiotics in animal feed, medical practitioners’ over-prescription, the general public’s misuse of the drugs, and the failure to develop new antibiotics. This has led to the development of so called “super bugs” that are often immune to first line antibiotic therapies, such as penicillin, and to more powerful, broad-spectrum treatments.

The CDC considers the primary source of antibiotic resistant infections in humans to come from our overuse of antibiotics and the …

Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson

Journal of Health Care Law and Policy

No abstract provided.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Introducing New Users To An Old Poison: The Tobacco Industry’S Efforts To Thwart The Fda’S Regulation Of E-Cigarettes, Jennifer S. Bard

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Guidelines For Avoiding Pitfalls When Drafting Juvenile Curfew Laws: A Legal Analysis, Elyse R. Grossman, Kathleen S. Hoke

Saint Louis University Journal of Health Law & Policy

Curfew laws seek to provide general protection to youth and adults by restricting the times that children of certain ages are allowed to occupy public places or streets. These laws often contain exemptions for youth accompanied by an adult, responding to an emergency, or traveling to or from school, work, or a religious service, among others. However, the actual language used and exemptions included vary by locality. As a result, courts have reached different results—several courts upheld curfew laws as constitutional, while others overturned these laws. Although not the original reason behind juvenile curfew enactment, several studies have found that …

Thirty-Eight Years And Counting: The Fda’S Misuse Of The 510(K) Notification Process And Consequent Under-Regulation Of Implantable Medical Devices, Mayo B. Alao

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Hitech Act: Building An Infrastructure For Health Information Organizations And A New Health Care Delivery System, Kalle Deyette

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Difficulty Accommodating Health Care Workers, Nicole Buonocore Porter

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Job Functions, Standards, And Accommodations Under The Ada: Recent Eeoc Decisions, E. Pierce Blue

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Numerical Goals For Employment Of People With Disabilities By Federal Agencies And Contractors, Mark C. Weber

Saint Louis University Journal of Health Law & Policy

This essay discusses recent developments concerning numerical goals for employing workers with disabilities by federal agencies and federal contractors. On May 15, 2014, the Equal Employment Opportunity Commission issued an Advance Notice of Proposed Rulemaking asking for comments about, among other things, placing on federal agencies numerical employment goals for individuals with disabilities. On September 24, 2013, the Office of Federal Contract Compliance Programs adopted a Final Rule that imposed on federal contractors a numerical utilization goal for employees with disabilities, a regulation that the Circuit Court of Appeals for the District of Columbia upheld against challenge in 2014. A …