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Health Law and Policy Commons

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2020

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Articles 451 - 480 of 687

Full-Text Articles in Health Law and Policy

Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley Jan 2020

Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley

Buffalo Human Rights Law Review

No abstract provided.


Ensuring An Underclass: Stigma In Insurance, Valarie K. Blake Jan 2020

Ensuring An Underclass: Stigma In Insurance, Valarie K. Blake

Scholarly Works

In our country, access to insurance can be a matter of life and death, as well as financial security. Despite these great stakes, the ability to get affordable insurance is often influenced by social factors like sexual orientation, age, gender, and race. Insurers defend these practices, and regulators frequently agree, on the basis of actuarial fairness. That is, some groups are costlier to insure and others shouldn’t have to offset their expenses. This article advances a stigma-based critique to challenge this conception of lawful discrimination and fairness in insurance. The sociological stigma literature tells us that it is a natural …


The Budding Hemp Industry: The Effect Of Texas House Bill 1325 On Employment Drug Policies, Meina Heydari Jan 2020

The Budding Hemp Industry: The Effect Of Texas House Bill 1325 On Employment Drug Policies, Meina Heydari

Student Scholarship

Contemporary attitudes toward cannabis use in the United States have shifted from War on Drugsera prohibition toward decriminalization over the past two decades. As states that do not seek to decriminalize marijuana nonetheless enact legislation legalizing CBD, policy tensions arise. In 2019, Texas joined the ranks of states that legalized hemp and hemp-derived products with the passage of House Bill 1325. In light of this legislation, this Article discusses the implications of legalized cannabidiol (CBD) on employment drug policies in Texas. The benefits of CBD legalization must be weighed against the practical implications to effectively balance policies that aim to …


Immigrants And Interdependence: How The Covid-19 Pandemic Exposes The Folly Of The New Public Charge Rule, Medha D. Makhlouf, Jasmine Sandhu Jan 2020

Immigrants And Interdependence: How The Covid-19 Pandemic Exposes The Folly Of The New Public Charge Rule, Medha D. Makhlouf, Jasmine Sandhu

Faculty Scholarly Works

On February 24, 2020, just as the Trump administration began taking significant action to prepare for an outbreak of COVID-19 in the United States, it also began implementing its new public charge rule. Public charge is an immigration law that restricts the admission of certain noncitizens based on the likelihood that they will become dependent on the government for support. The major effect of the new rule is to chill noncitizens from enrolling in public benefits, including Medicaid, out of fear of negative immigration consequences. These chilling effects have persisted during the pandemic. When noncitizens are afraid to (1) seek …


Regulatory De-Arbitrage In Twenty-First Century Cures Act's Health Information Regulation, Craig Konnoth Jan 2020

Regulatory De-Arbitrage In Twenty-First Century Cures Act's Health Information Regulation, Craig Konnoth

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Isabella Masini Jan 2020

Foreword, Isabella Masini

Annals of Health Law and Life Sciences

No abstract provided.


Can Clinical Genetics Laboratories Be Sued For Medical Malpractice?, Alexandra L. Foulkes, Jessica L. Roberts, Paul S. Appelbaum, Wendy K. Chung, Ellen Wright Clayton, Barbara Evans, Gary E. Marchant Jan 2020

Can Clinical Genetics Laboratories Be Sued For Medical Malpractice?, Alexandra L. Foulkes, Jessica L. Roberts, Paul S. Appelbaum, Wendy K. Chung, Ellen Wright Clayton, Barbara Evans, Gary E. Marchant

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law Jan 2020

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Disentangling Dicta: Prince V. Massachusetts, Police Power And Childhood Vaccine Policy, Katherine Drabiak Jan 2020

Disentangling Dicta: Prince V. Massachusetts, Police Power And Childhood Vaccine Policy, Katherine Drabiak

Annals of Health Law and Life Sciences

No abstract provided.


Off-Label Drug Risks: Toward A New Fda Regulatory Approach, George Horvath Jan 2020

Off-Label Drug Risks: Toward A New Fda Regulatory Approach, George Horvath

Annals of Health Law and Life Sciences

No abstract provided.


Reference Pricing In Health Care: An Inventory Of Techniques, And Practical And Policy Implications, Jackson Williams Jan 2020

Reference Pricing In Health Care: An Inventory Of Techniques, And Practical And Policy Implications, Jackson Williams

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law & Life Sciences Jan 2020

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Why Prison Dental Care Matters: Legal, Policy, And Practical Concerns, Anne S. Douds, Eileen M. Ahlin, Nicholas S. Fiori, Nicholas J. Barrish Jan 2020

Why Prison Dental Care Matters: Legal, Policy, And Practical Concerns, Anne S. Douds, Eileen M. Ahlin, Nicholas S. Fiori, Nicholas J. Barrish

Annals of Health Law and Life Sciences

No abstract provided.


Hepatitis C Litigation: Healing Inmates As A Public Health Strategy, Robert Katz Jan 2020

Hepatitis C Litigation: Healing Inmates As A Public Health Strategy, Robert Katz

Annals of Health Law and Life Sciences

No abstract provided.


The Health And Legal Implications Of Early Screening For Developmental Disabilities, Jacqueline Safstrom, Jennifer Safstrom Jan 2020

The Health And Legal Implications Of Early Screening For Developmental Disabilities, Jacqueline Safstrom, Jennifer Safstrom

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Isabella Mancini Jan 2020

Foreword, Isabella Mancini

Annals of Health Law and Life Sciences

No abstract provided.


The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine Jan 2020

The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine

Washington Law Review Online

Doctors in multiple states have been accused of using their own sperm to impregnate patients without the patient’s consent. Because most states do not have laws prohibiting fertility doctors from using their own sperm to impregnate their patients, families have not been able to seek meaningful legal remedies. State legislatures enacted new fertility fraud laws to deter, criminalize, and provide a legal civil cause of action to those harmed by these actions—but only after these allegations came to light. If the Washington State Legislature creates a law before any similar allegations come to light in Washington, those patients harmed in …


An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney Jan 2020

An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney

Law Faculty Research Publications

No abstract provided.


Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck Jan 2020

Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck

Faculty Publications

Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as specialty drugs by pharmacy benefit managers (PBMs), entities that are part of the insurance industry, rather than by the Food and Drug Administration or medical authorities.

Specialty drugs have thus far received little attention in the legal literature. Yet, they raise important legal and regulatory questions. For example, there are no federal government rules (and only a handful …


Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill Jan 2020

Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill

Faculty Publications

During the COVID-19 pandemic, several states adopted orders temporarily suspending elective surgeries and procedures. A subset of those states moved to limit abortions under those orders, provoking emergency litigation to keep abortion clinics open and functioning. No similar lawsuits have been necessary to protect access to other time-sensitive medical procedures. So why was abortion singled out for disparate treatment?

This Essay provides an overview of the litigation that ensued in the wake of some states’ attempts to limit abortion access under the authority of executive orders banning non-essential or elective procedures. It argues that abortion was singled out in two …


Nonessential Businesses And Liability Waivers In The Time Of Covid-19, Zahra Takhshid Jan 2020

Nonessential Businesses And Liability Waivers In The Time Of Covid-19, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

States are gradually reopening after months of lockdown. However, the risk of exposure to the deadly COVID-19 virus still remains. While states would like to have the economy up and running, the price that small businesses may be forced to pay following possible coronavirus personal injury lawsuits may drive them out of business. Nonessential businesses, such as dine-in restaurants, will turn to waivers of liability to insulate themselves from COVID-19 related liability: an area known as assumption of risk. This essay argues that in this climate of crisis, and due to the invisible nature of the virus, waivers are an …


The Case For Valuing Non-Health And Indirect Benefits, Govind Persad, Jessica Du Toit Jan 2020

The Case For Valuing Non-Health And Indirect Benefits, Govind Persad, Jessica Du Toit

Sturm College of Law: Faculty Scholarship

Health policy is only one part of social policy. Although spending administered by the health sector constitutes a sizeable fraction of total state spending in most countries, other sectors such as education and transportation also represent major portions of national budgets. Additionally, though health is one important aspect of economic and social activity, people pursue many other goals in their social and economic lives. Similarly, direct benefits—those that are immediate results of health policy choices—are only a small portion of the overall impact of health policy. This chapter considers what weight health policy should give to its “spill-over effects,” namely …


Expensive Patients, Reinsurance, And The Future Of Health Care Reform, Govind Persad Jan 2020

Expensive Patients, Reinsurance, And The Future Of Health Care Reform, Govind Persad

Sturm College of Law: Faculty Scholarship

In 2017, Americans spent over $3.4 trillion-nearly 18% of gross domestic product-on health care. This spending is unevenly distributed: Almost a quarter is spent on the costliest 1% of patients, and almost half on the costliest 5%. Most of these patients soon return to a lower percentile, but many continue or economic, analysis of existing and proposed options for sharing expensive patients' costs. Third, it bridges the disconnected literature on reinsurance, limit setting, and health care financing, identifying how proposals in these different areas intersect. to incur health care costs in the top percentiles year after year. This Article focuses …


Disability Law And The Case For Evidence-Based Triage In A Pandemic, Govind Persad Jan 2020

Disability Law And The Case For Evidence-Based Triage In A Pandemic, Govind Persad

Sturm College of Law: Faculty Scholarship

This Essay explains why model policies proposed or adopted in response to the COVID-19 pandemic that allocate scarce medical resources by using medical evidence to pursue two core goals—saving more lives and saving more years of life—are compatible and consonant with disability law. Disability law, properly understood, permits considering medical evidence about patients’ probability of surviving treatment and the quantity of scarce treatments they will likely use. It also permits prioritizing health workers, and considering patients’ post-treatment life expectancy. These factors, when based on medical evidence and not inaccurate stereotypes, are legal to consider even if they disadvantage some patients …


The Great American Health Care System And The Dire Need For Change: Stark Law Reform As A Path To A Vital Future Of Value-Based Care, Marilyn Uzdavines Jan 2020

The Great American Health Care System And The Dire Need For Change: Stark Law Reform As A Path To A Vital Future Of Value-Based Care, Marilyn Uzdavines

Faculty Scholarship

No abstract provided.


Today’S Crusades: A Therapeutic Jurisprudential Critique Of Faith-Based Civil Rights In Health Care, Kathy Cerminara Jan 2020

Today’S Crusades: A Therapeutic Jurisprudential Critique Of Faith-Based Civil Rights In Health Care, Kathy Cerminara

Faculty Scholarship

No abstract provided.


A Health Justice Perspective Of Asthma And Covid-19, Elizabeth Raterman Jan 2020

A Health Justice Perspective Of Asthma And Covid-19, Elizabeth Raterman

Human Rights Brief

No abstract provided.


Pisc In The Wind? Holding Healthcare Organizations Liable For Publicly Issued Statements Of Conduct, Joshua E. Perry, Timothy L. Fort Jan 2020

Pisc In The Wind? Holding Healthcare Organizations Liable For Publicly Issued Statements Of Conduct, Joshua E. Perry, Timothy L. Fort

American University Law Review

Has the moment arrived when we can no longer permit a company, that espouses value statements and ethical programs professing a dedication to help and to heal, to act in ways that are contrary and harmful to individual or collective goods? Fully acknowledging that we, two legally trained business ethics professors, are pursuing a line of inquiry rooted in the aspiration of a more robustly just marketplace, we are convinced that it is time for serious reflection upon the question: Should healthcare companies be held accountable for ways in which they deviate from publicly issued statements of conduct (PISC)?


Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins Jan 2020

Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins

American University International Law Review

No abstract provided.


Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman Jan 2020

Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman

Upper Level Writing Requirement Research Papers

No abstract provided.