Health Law and Policy Commons^™

The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer

Nevada Law Journal

No abstract provided.

Big Food And Soda Versus Public Health: Industry Litigation Against Local Government Regulations To Promote Healthy Diets, Sarah A. Roache, Charles Platkin, Lawrence O. Gostin, Cara Kaplan

Georgetown Law Faculty Publications and Other Works

Diets high in fats, sugars, and sodium are contributing to alarming levels of obesity, cardiovascular disease, type 2 diabetes, and certain cancers throughout the United States. Sugary drinks, which include beverages that contain added caloric sweeteners such as flavored milks, fruit drinks, sports drinks, and sodas, are the largest source of added sugar in the American diet and an important causative factor for obesity and other diet-related diseases.

City and county governments have emerged as key innovators to promote healthier diets, adopting menu labeling laws to facilitate informed choices and soda taxes, warnings labels, and a soda portion cap to …

Neuronal Testimonial: Brain-Computer Interfaces And The Law, Jessica L. Haushalter

Vanderbilt Law Review

Scientific researchers have developed a method of using brainscanning technology to determine if patients in a coma-like condition, known as a "vegetative state," are conscious despite their inability to communicate verbally or via motor actions. While in a brain scanner, patients "answer" yes-or-no questions by envisioning specific scenarios that activate different parts of the brain. A researcher interprets a brain scan image as a yes-or-no response based on which areas of the brain demonstrated activation. Exciting as this technology may be, there are difficulties in terms of the ability to use it within the legal system. This Note considers those …

Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen

Michigan Law Review

Since the early 1990s, jurisdictions around the country have been using civil child abuse laws to penalize women for using illicit drugs during their pregnancies. Using civil child abuse laws in this way infringes on pregnant women’s civil rights and deters them from seeking prenatal care. Child Protective Services agencies are key players in this system. Women often become entangled with the Child Protective Services system through their health care providers. Providers will drug test pregnant women without first alerting them to the potential negative consequences stemming from a positive drug test. Doing so is a breach of these providers’ …

Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed

Faculty Scholarship

This Article emerges from Fordham Law Review's Symposium on the fiftieth anniversary of Loving v. Virginia,¹ the case that found antimiscegenation laws unconstitutional. ² Inspired by the need to interrogate the regulation of race in the context of family, this Article examines the diffuse regulatory environment around assisted reproductive technology (ART) that shapes procreative decisions and the inequalities that these decisions may engender. ³ ART both centers biology and raises questions about how we imagine our racial futures in the context of family, community, and nation. ⁴ Importantly, ART demonstrates how both the state and private actors shape family …

Roe V. Wade Case Study Assignment, Barbara Andraka-Christou

Faculty Scholarship and Creative Works

No abstract provided.

Ethical Dilemma Of Alzheimer's Disease And Informed Consent, Daenia La Rodé

Augustana Center for the Study of Ethics Essay Contest

No abstract provided.

St. Alphonsus Medical Center V. St. Lukes Health System: The Uncertain Application Of The Efficiencies Defense Is Leading To Unpredictable Outcomes In Healthcare Mergers, Jamie L. Bjorklund

Idaho Law Review

No abstract provided.

Cruel And Unusual: A Look Into Prisoner Mental Health Care, Adonia Delgado Hipp

Scholarly and Creative Works Conference (2015 - 2021)

The United States incarcerates more of its citizens than any other country (Blumstein & Wallman, 2000). In fact, the rate of incarceration is more than five times higher than most of the countries in the world. Recent studies indicate that “Crowded living quarters, lack of privacy, increased risk of victimization, and solitary confinement within the institution have been identified as strong correlates for self-harm and adaptation challenges for those with mental health conditions in prison settings” (Gonzalez et al., 2014). One of the greatest persistent injustices of modern criminal law is that not only are poor people and people of …

Insights Into Early Stage Of Antibiotic Development In Small And Medium-Sized Enterprises: A Survey Of Targets, Costs, And Durations, Christine Årdal, Enrico Baraldi, Ursula Theuretzbacher, Kevin Outterson, Jens Plahte, Francesco Ciabuschi, John-Arne Røttingen

Faculty Scholarship

Antibiotic innovation has dwindled to dangerously low levels in the past 30 years. Since resistance continues to evolve, this innovation deficit can have perilous consequences on patients. A number of new incentives have been suggested to stimulate greater antibacterial drug innovation. To design effective solutions, a greater understanding is needed of actual antibiotic discovery and development costs and timelines. Small and medium-sized enterprises (SMEs) undertake most discovery and early phase development for antibiotics and other drugs. This paper attempts to gather a better understanding of SMEs’ targets, costs, and durations related to discovery and early phase development of antibacterial therapies.

Fighting For Your Life In America: A Study Of "Right To Try" Laws Throughout The Country, Danielle Delgrosso

St. John's Law Review

(Excerpt)

This Note argues that there should be a federal statute granting terminally ill patients access to experimental drugs, but that the Trickett Wendler Act, as written is not the proper vehicle for change. An ideal congressional “Right to Try” statute should be crafted to make experimental drugs realistically obtainable for terminally ill patients while protecting those patients and their quality of life. The Trickett Wendler Act’s weaknesses prevent it from reaching this objective because it is too deferential to already unclear state Right to Try laws. Part I explores the right to try movement generally, explaining what a “right …

Mid-Atlantic Ethics Committee Newsletter, Spring 2018

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Whole Health: A Community Approach To Healthcare Keynote #1, Professor Laura Hermer

Belmont Health Law Journal

No abstract provided.

A Multivariate Analysis Of Nationwide Changes In Opioid Prescriptions From 2012-2016, Drishti Pillai, Leighton Ku

GW Research Days 2016 - 2020

Background

Between 2012 and 2016, the opioid overdose mortality rate in the U.S. almost doubled from 7.4 to 13.3 per 100,000 population, leading to calls for a national opioid crisis. This crisis has generated interest in Medicaid’s dual role as a health insurance system that provides reimbursement for both prescription opioid analgesics like Oxycodone used to treat chronic pain, which could inadvertently fuel addiction, and prescription opioids used as treatment medication to help people survive and recover from drug abuse, such as Naloxone.

Methods

In this study, we conduct a multi-variate analysis of Medicaid prescription drug utilization data for the …

Coverage For Obesity Prevention & Treatment Services: Analysis Of Medicaid & State Employee Health Insurance Programs, Nichole Jannah, Christine Gallagher, William Dietz

GW Research Days 2016 - 2020

BACKGROUND

Despite the high prevalence of obesity among U.S. adults, coverage for evidence-based obesity treatment modalities is inconsistent across states. The primary objective of this study was to examine changes in coverage for adult obesity prevention and treatment services within Medicaid programs and state employee health plans between 2009 and 2017.

METHODS

Changes in coverage were assessed by comparing data from plan year (PY) 2016/2017 to baseline data collected during PY 2009/2010. Data were obtained through an extensive review of administrative documents, health plan websites, provider manuals, subscriber handbooks, fee schedules, and drug formularies from Medicaid and state employee health …

Black Lung In The 21st Century: Disease, Law, And Policy, Evan Barrett Smith

West Virginia Law Review

No abstract provided.

Healthcare In Appalachia And The Role Of The Federal Government, Robert R. Davis, Shelly Cole

West Virginia Law Review

No abstract provided.

Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman

West Virginia Law Review

No abstract provided.

Community Orchards And Food Security In Appalachia, Ursula Ramsey

West Virginia Law Review

No abstract provided.

Effects Of The Affordable Care Act On Health Behaviors After Three Years, Charles J. Courtemanche, James Marton, Benjamin Ukert, Aaron Yelowitz, Daniela Zapata

Institute for the Study of Free Enterprise Working Papers

This paper examines the impacts of the Affordable Care Act (ACA) – which substantially increased insurance coverage through regulations, mandates, subsidies, and Medicaid expansions – on behaviors related to future health risks after three years. Using data from the Behavioral Risk Factor Surveillance System and an identification strategy that leverages variation in pre-ACA uninsured rates and state Medicaid expansion decisions, we show that the ACA increased preventive care utilization along several dimensions, but also increased risky drinking. These results are driven by the private portions of the law, as opposed to the Medicaid expansion. We also conduct subsample analyses by …

Pegalis & Erickson Health Law Colloquium, New York Law School

Health Law Society Publications

Examining the Intersection of Law and Bioethics in 2013.

The American legal system has played a dramatic role in shaping the field of bioethics. The dynamic intersection of law and bioethics is a fruitful area of inquiry for purposes of knowledge generation, policy making and best practices. Reflecting a diversity of perspectives, this CLE will examine the crucial connection between law and matters bioethical in 2018. The program will include a focus on clinical decision making, palliative and end-of-life care, dispute resolution, medical and social science research, and informed consent and decision making.

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

West Virginia Law Review

No abstract provided.

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Contraception Matters: Rights, Class, And Context, Naomi Cahn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Attitudes Toward Contraception Among Fourth Wave College-Aged Women, Caroline L. Lewis

Student Publications

This research examines how college-aged women today view contraception in comparison to the ways it has been viewed by previous generations of women, as well as what they view the future of contraception in the United States to look like. This has been done through a lens of political action and advocacy, which has defined the fight for access to contraception and reproductive justice throughout history. In light of the recent threats on contraception and the corresponding responsive social movements, such as the Women’s March, women in the United States are shifting their views on the matter, but what actions …

Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell

West Virginia Law Review

No abstract provided.

Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars

Indiana Law Journal

This Article is the first to empirically analyze the impact of tort liability on suicide. Counter-intuitively, our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists—the very defendants who would seem best able to prevent suicide. Using a fifty-state panel regression for 1981 to 2013, we find that states which allowed psychiatrists (but not other doctors) to be liable for malpractice resulting in suicide experienced a 9.3% increase in suicides. On the other hand, and more intuitively, holding non-psychiatrist doctors liable de-creases suicide by 10.7%. These countervailing effects can be explained by psychiatrists facing …

Evaluation Of The Associations Between Unplanned Readmissions And The Lace Index And Other Variables, Cathy Stankiewicz, Dnp, Msn, Rn

Doctor of Nursing Practice Projects

Background: Unplanned readmissions, within 30 days following an inpatient hospital admission, are common and costly. Research has identified factors that predict readmissions, and predictive algorithms, such as the LACE index, have been studied and widely adopted by hospitals despite demonstrated variability in predictive ability.

Objectives: To examine the associations between unplanned readmissions and the LACE index, and other variables that reflect patient- and encounter-level factors not currently incorporated in the LACE index.

Methods: A retrospective analysis was conducted utilizing data from electronic health records of inpatients discharged from a large quaternary hospital located in the southeastern United States between January …

Physicians' Attitudes, Concerns, And Procedural Understanding Of Medical Aid-In-Dying In Vermont, Teresa Ditommaso, Ari P. Kirshenbaum, Brendan Parent

Dalhousie Law Journal

The general purpose of the current study was to collect data on physicians' attitudes towards Act 39, the medical aid-in-dying act that was legislatively approved in 2013. Given the recent nature of the implementation of Act 39, this is the first such study to be conducted in the State of Vermont. The survey was quantitative in nature and addressed three distinct aspects of legalized prescribing of life-ending medication, these being physicians': (I) attitudes regarding ethics and legality of Act 39, (11)understandings of the policies and procedural requirements under the law, including their belief in legal immunity from penalty, and (I1) …