Health Law and Policy Commons^™

Being Mortal: Medicine And What Matters In The End, By Atul Gwande, Tara Darling

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

The Silver Tsunami: Aging Prisoners, Early Release, Guardianship And Prisoner Advocate Initiatives For Long Term Care Beyond The Prison Walls, Martina E. Cartwright

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Student Comment: Not Really A Battle Of The Sexes: Women’S Health Agenda Advocates Global Equality In Medical Research Trials And Drug Administration, Margery R. Beltran

University of Baltimore Journal of International Law

The New Women’s Health Agenda seeks to close the discriminatory gap between men’s and women’s medical treatment around the world. Often, women’s reproductive issues are the focus of medical studies in which women are involved; however, chronic diseases are quickly becoming a high health risk for the female population around the world. This comment explores the past, present, and future of women’s global health. Throughout history, women have been prevented from participating in clinical trials for reproductive protection reasons. The problem arises after men have successfully responded to treatment because the medication is then administered to both men and women. …

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …

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Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell

LLM Theses

Infectious diseases have recently found renewed significance in Canadian scholarship, with a corresponding increased interest in Canada's overall preparedness, including legal preparedness, to combat infectious disease emergencies. Nearly every Canadian province has emergency legislation containing a "basket clause" - a provision which, for the duration of an emergency, authorizes a decision maker to take 'all necessary measures' to defeat it. Public health legal preparedness scholarship has not yet examined what criteria the decision maker must consider before deciding to deploy measures that could seriously impact the rights of individuals, including those under the Canadian Charter of Rights and Freedoms. This …

The Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Mclaughlin

Scholarly Works

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organisations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that female genital mutilation has received.

Ethical Implications Of Posthumous Reproduction, Valarie K. Blake, Hannah L. Kushnick

Book Chapters

No abstract provided.

Emergency Room Utilization Disparities Among Older Adults Treated By Rural Health Clinics, Matt Bagwell

Electronic Theses and Dissertations

Examining the persistence of disparities over time is an important obligation in terms of rectifying, maintaining, and improving community health and social well-being for all. This study analyzed the individual factors of (a) race/ ethnicity and (b) dual eligibility, as a proxy measure of socioeconomic status, as well as the environmental factor of (c) place of residence, and the organizational factor of (d) Rural Health Clinic (RHC) type on emergency room (ER) utilization of older adult Medicare patients treated by RHCs within the Department of Health and Human Services' (DHHS) Region 4. A prospective, multi-level, longitudinal design was employed to …

Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul Jerome McLaughlin, Jr., Journal of Medical Law and Ethics, Volume 4, Number 1, March 2016, pp. 23-38 (16).

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organizations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that …

Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

This study evaluated the impact of Executive Order (EO) 12898 to advance environmental justice. We conducted a review evaluating the frequency and effective use of EO 12898 since execution with particular focus following President Obama’s Plan EJ 2014. We found that both EO 12898 and Plan EJ 2104 had little, if any, impact on federal regulatory decision making. To the extent federal agencies discussed EO 12898, most did so in boilerplate rhetoric that satisfied compliance but was devoid of detailed thought or analysis. In the 21st year, with the exception of the Environmental Protection Agency, very little federal regulatory activity …

Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman

Publications and Research

Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the …

Protecting Patients Or Protecting Government Agencies: Bankruptcy Involvement In Medicare/Medicaid Termination, Anthony J. Ienna

Bankruptcy Research Library

(Excerpt)

Through Chapter 11 bankruptcy, a struggling business can preserve essential property needed to remain operational. However, when a healthcare institution is in financial disarray and becomes noncompliant with federal regulatory standards, courts may block rehabilitation through bankruptcy. Healthcare institutions such as nursing homes, which are in the process curing deficiencies, must stay in compliance with the federal regulations in order to continue to receive Medicare and Medicaid funds. Nursing homes must make the necessary changes before funds are terminated or they will be forced to abruptly close. Courts often scrutinize nursing homes’ ability to care for their patients because …

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Ryan B. Marcus

Annals of Health Law and Life Sciences

No abstract provided.

Obstetric Fistula - A Menace To Maternal Health: Does Fidelity To Country Obligations Under The Millennium Development Goals And Human Rights Regimes Provide An Antidote?, Obiajulu Nnamuchi, Edwin Ezike, Jude Odinkonigbo

Annals of Health Law and Life Sciences

No abstract provided.

340b Bedfellows: How Community Health Centers Can Successfully Contract With Chain Pharmacies To Expand Access To Needed Medicine, Kathryn R. Watson

Annals of Health Law and Life Sciences

No abstract provided.

Compensating Persons Injured By Medical Malpractice And Other Tortious Behavior For Future Medical Expenses Under The Affordable Care Act, Maxwell J. Mehlman, Jay Angoff, Patrick A. Malone, Charles M. Silver, Peter H. Weinbergeri

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

A Profile Of Bio-Pharma Consolidation Activity, Jordan Paradise

Annals of Health Law and Life Sciences

No abstract provided.

Speculating About The Impact Of Healthcare Industry Consolidation On Long-Term Services And Supports, Marshall B. Kapp

Annals of Health Law and Life Sciences

No abstract provided.

Health Insurer Merger Frenzy: How The Continued Arms Race Will Disrupt Traditional Market Roles, Erin E. Dine, Marykathryn Hurd

Annals of Health Law and Life Sciences

No abstract provided.

Everything You Wanted To Know About Breast Augmentation Surgery But Were Afraid To Ask: A Medical - Legal Overview, Samuel D. Hodge, Marshall G. Miles, James B. Pancio

Florida A & M University Law Review

This article will provide a medical/legal perspective to breast augmentation surgery. Written by an attorney who teaches anatomy and a plastic surgeon who routinely performs the procedure, it will initially offer a medical analysis of how the procedure is performed along with its attendant risks. The second part will focus on the court cases and legal theories that have arisen when things go wrong. The article will explain the convoluted litigation history involving breast augmentation when suits were common place and a group of experts linked breast implants to the development of autoimmune disease without any real scientific basis to …

Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman

Publications and Research

While a great deal of public attention addresses the Halliburton loophole of the Energy Policy Act of 2005 and Bureau of Land Management efforts to regulate hydraulic fracturing on public lands, less attention has been paid to the National Park Service “9B Regulations,” which provide a national regulatory framework governing the exercise of nonfederal oil and gas rights in national parks. This article begins with a review of law pertaining to oil and gas drilling in national parks. The article examines the tension in striking a balance between environmental protection, conservation of national lands and achieving energy independence, including National …

Instrumental And Transformative Medical Technology, Nicole Huberfeld

Law Faculty Scholarly Articles

This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (ACA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured—a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being “instrumental technology” or “transformative technology.” Instrumental technology acts as a tool of medicine and often serves an existing aspect of health care; in …

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer

Health Matrix: The Journal of Law-Medicine

The article examines the role played by Americans with Disabilities Act (ADA) in protection of mentally ill employees in the workplace.

Liability For Mobile Health And Wearable Technologies*, Nicolas P. Terry, Lindsay F. Wiley

Annals of Health Law and Life Sciences

No abstract provided.

Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson

UIC John Marshall Journal of Information Technology & Privacy Law

The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …