Health Law and Policy Commons^™

Law In The Time Of Covid-19, Katharina Pistor

Faculty Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal issues the …

Distinguishing Moral Hazard From Access For High-Cost Healthcare Under Insurance, Christopher Robertson, Andy Yuan, Wendan Zhang, Keith Joiner

Faculty Scholarship

Health policy has long been preoccupied with the problem that health insurance stimulates spending (“moral hazard”). However, much health spending is costly healthcare that uninsured individuals could not otherwise access. Field studies comparing those with more or less insurance cannot disaggregate moral hazard versus access. Moreover, studies of patients consuming routine low-dollar healthcare are not informative for the high-dollar healthcare that drives most of aggregate healthcare spending in the United States.
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/="/">We test indemnities as an alternative theory-driven counterfactual. Such conditional cash transfers would maintain an opportunity cost for patients, unlike standard insurance, but also guarantee access to …

Fda In The Time Of Covid-19, Elizabeth Mccuskey

Faculty Scholarship

Over the past century, Congress has made the Food & Drug Administration (FDA) responsible for regulating the safety and efficacy of drugs and devices being deployed in the fight against the COVID-19 pandemic. The FDA’s regulatory infrastructure was built for public health threats and to combat manufacturers' misinformation about treatments.

This article spotlights the ways in which FDA has been adapting to a new challenge during the COVID-19 pandemic: combating misinformation emanating from within the executive branch.

“I Already Consented For You” – The Privacy Implications Of Consenting To Genetic Family Tree Sites Like Ancestry And 23andme, Kayla A. Estes

Privacy Certificate Student Publications

With the rapid evolution of technology and science comes a risk – a privacy risk. As fortunate as we are to be alive at a time where we can connect with others around the world who share our DNA, we must also ask, “At what cost?” Consumer DNA database companies such as Ancestry and 23andMe provide a wealth of knowledge to consumers seeking to learn more about their genetic makeup. The first step in using these sites is to consent to a privacy policy. However, the privacy policy only addresses the person submitting the sample even though the DNA being …

Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn

Child and Family Law Journal

No abstract provided.

The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux

Child and Family Law Journal

No abstract provided.

Responding To Covid‐19: How To Navigate A Public Health Emergency Legally And Ethically, Lawrence O. Gostin, Eric A. Friedman, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Widespread social separation is rapidly becoming the norm, including closure of schools and universities, tele-commuting to work, bans on large gatherings, and millions of people isolated in their homes or make-shift facilities. Bans on international travel are already pervasive. Domestic travel restrictions are exceedingly rare, but now within the realm of possibility. Officials are even discussing cordon sanitaires (guarded areas where people may not enter or leave), popularly described as “lockdowns” or mass quarantines.

When the health system becomes stretched beyond capacity, how can we ethically allocate scarce health goods and services? How can we ensure that marginalized populations can …

The Deficiencies Of The European Union's Regulatory System Governing The Classification Of Endocrine Disrupting Chemicals, Elissa Sanford

William & Mary Environmental Law and Policy Review

No abstract provided.

May Hospitals Withhold Ventilators From Covid-19 Patients With Pre-Existing Disabilities? Notes On The Law And Ethics Of Disability-Based Medical Rationing, Samuel R. Bagenstos

Law & Economics Working Papers

Thanks to the coronavirus pandemic, the threat of medical rationing is now clear and present. Hospitals faced with a crush of patients must now seriously confront questions of how to allocate scarce resources—notably life-saving ventilators—at a time of severe shortage. In their protocols for addressing this situation, hospitals and state agencies often employ explicitly disability-based distinctions. For example, Alabama’s crisis standards of care provide that “people with severe or profound intellectual disability ‘are unlikely candidates for ventilator support.’” This essay, written as this crisis unfolds, argues that disability-based distinctions like these violate the law. The Americans with Disabilities Act, the …

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein

Washington and Lee Law Review

This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for review to start a necessary discussion.

The locus of this Article is products liability, where a court concludes that a manufactured object is defective or could be called defective by a factfinder following a trial. Drug manufacturers enjoy near-immunity from this consequence. Modern products liability identifies …

Buprenorphine: Medication-Assisted Treatment: The Role Of Informed Consent, John Tyler Stocking

Health Law and Policy Brief

No abstract provided.

Telemedicine: Benefits, Challenges, And Its Great Potential, Samantha J. Achenbach

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Mika Sharpe, Erin Donnelly

Health Law and Policy Brief

No abstract provided.

Telemedicine And Legal Disruption, Mark Andriola

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Samantha Schram, Carolyn Larcom

Health Law and Policy Brief

No abstract provided.

Qualified: Medicaid Provider Agreements, Waivers, And The Politics Of Planned Parenthood, Morgan Handley

Health Law and Policy Brief

No abstract provided.

Reassessing The Physician-Hospital Relationship, Victoria Hamscho

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Samantha Schram, Carolyn Larcom

Health Law and Policy Brief

No abstract provided.

Taking A Chance On Patient Life: Suicidal Patients, Involuntary Admissions, And Physician Immunity In Maryland, Lauren Miller

Health Law and Policy Brief

No abstract provided.

Macra: Emerging From The Thicket, David M. Heller

Health Law and Policy Brief

No abstract provided.

Telemedicine: The Solution To The Opioid Crisis?, Margaret Reiney

Health Law and Policy Brief

No abstract provided.

Reducing The Prevalence Of Childhood Obesity In Households Receiving Supplement Nutrition Assistance Program Benefits In Baltimore City, Maryland Through Interactive Nutrition Education, Raenetta L. Ellison

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Justine Deitz, Sandep Purewal

Health Law and Policy Brief

No abstract provided.

Your Claim Has Been Denied: Mental Health And Medical Necessity, Neiloy Sircar

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Payal Mehta, Mamie Aoughsten

Health Law and Policy Brief

No abstract provided.

Hepatitis C: There's A Cure, But Who Will Bail Out The Department Of Corrections?, Monica K. Houston

Health Law and Policy Brief

No abstract provided.

Evaluating Physician Compare: Benefits And Challenges Of Scorecards For Individual Physicians, Rebecca Gittelson

Health Law and Policy Brief

No abstract provided.

Letter From The Editors, Payal Mehta, Mamie Aoughsten

Health Law and Policy Brief

No abstract provided.

How The Food And Drug Administration Could Use The Power Of Publicity To Minimize Harm And Maximize Safety Of Regulated Products, Katelen Walsh

Health Law and Policy Brief

No abstract provided.

When Worlds Collide: Drugs And Devices, Shruti Modi

Health Law and Policy Brief

No abstract provided.