Health Law and Policy Commons^™

Foreword, Karin M. Long

Annals of Health Law and Life Sciences

No abstract provided.

No Ordinary Process: The Flaws In Illinois Courts' Use Of Remote Video Technology In Mental Health Trials, Matthew R. Davison

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Karin M. Long

Annals of Health Law and Life Sciences

No abstract provided.

Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley

Annals of Health Law and Life Sciences

No abstract provided.

Leveraging Community-Based Integrated Health Teams To Meet The Needs Of Vulnerable Populations In Times Of Crisis, Jessica Mantel

Annals of Health Law and Life Sciences

No abstract provided.

Pediatric Off-Label Use Of Covid-19 Vaccines: Ethical And Legal Considerations, Elizabeth Lanphier, Shannon Fyfe

Scholarly Articles

After briefly contextualizing ethical and legal precedents regarding off-label use, we offer an analysis of the ethical permissibility of and considerations for pediatric off-label Covid-19 vaccination based on individual benefits, risks, and available alternatives. Our analysis challenges the ethics of the blanket prohibition against off-label pediatric Covid-19 vaccination in the VPA, as it blocks clinicians from providing the care they may determine to be clinically and ethically appropriate for their patient. At the same time, our analysis acknowledges that Covid-19 creates population-level ethical considerations that are at times in tension with individual health interests.

A Model For Defunding: An Evidence-Based Statute For Behavioral Health Crisis Response, Taleed El-Sabawi, Jennifer J. Carroll

Faculty Publications

Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers, but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic culture of racialized violence. Public outcry against racial inequities has increased as the authority of police departments has expanded to include not only the authority to respond to and investigate criminal activity, but also to respond to calls regarding behavioral health issues and …

Remembering Professor Rhonda Gay Hartman, Ken Gormley

Duquesne Law Review

Professor Rhonda Gay Hartman, who passed away unexpectedly in April of 2021 as this issue of the Duquesne Law Review was being finalized, was an elegant, forward-thinking, brilliant scholar and teacher. She left a lasting imprint on legal academia, on the Duquesne community, and on the thousands of students whom she taught and mentored for over twenty-five years.

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Medicaid's Gold Standard Coverage For Children And Youth: Past, Present, And Future, Jane Perkins, Sarah Somers

Annals of Health Law and Life Sciences

No abstract provided.

Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis

Women, Leadership & Equality

No abstract provided.

Deprivation Of The Right To Counsel For Federal Pretrial Detainees During The 2019 Novel Coronavirus Pandemic, 54 Uic L. Rev. 659 (2021), Mary Vukovich

UIC Law Review

No abstract provided.

Kidney, Money, And The Shī‘Ah Implementation Of The Rule Of Necessity, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

In the U.S., over 43,000 people die every year waiting for a kidney. In Iran, however, monetary incentives have eliminated such a waitlist. Iran is the only country in the world with an unrelated living kidney donor program that has allowed for monetary incentives in the form of an altruistic gift, which has become known as “the Iranian Model.” Nevertheless, the legal details of the system remain vague and scholars both in and outside of Iran continue to debate the nature of the system. Does the Iranian system consider kidneys a commodity? Can you legally buy a kidney in Iran? …

Improving The Ethical Review Of Health Policy And Systems Research: Some Suggestions, Govind Persad

Sturm College of Law: Faculty Scholarship

Consistent and well-designed frameworks for ethical oversight enable socially valuable research while forestalling harmful or poorly designed studies. I suggest some alterations that might strengthen the valuable checklist Rattani and Hyder propose in this issue of Journal of Law, Medicine & Ethics Reference Rattani and Hyder for the ethical review of health policy and systems research (HPSR), or prompt future work in the area.

Pricing Drugs Fairly, Govind C. Persad

Sturm College of Law: Faculty Scholarship

Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals passed by the House and proposed by Sens. Ron Wyden and Chuck Grassley have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair that identifies fair price with social value, argues for implementing fair …

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Sturm College of Law: Faculty Scholarship

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …

Fair Allocation At Covid-19 Mass Vaccination Sites, William F. Parker, Govind C. Persad, Monica E. Peek

Sturm College of Law: Faculty Scholarship

On February 26, 2021, the Federal Emergency and Management Agency (FEMA) announced 18 community vaccination centers in major cities capable of administering up to 6000 vaccines daily. Mass vaccination sites like these arrive amid staggering socioeconomic and racial disparities in COVID-19 vaccination. Black and Hispanic people are being vaccinated at less than half the rate of White people, despite being twice as likely to die of COVID-19. The wealth gap is similarly substantial, reaching up to a 65% difference between the wealthiest and poorest counties in Connecticut. The federal government is supporting mass vaccination sites, in part, to alleviate disparities, …

Barriers To Medical Board Discipline: Cultural And Organizational Constraints, Elizabeth Chiarello

Saint Louis University Journal of Health Law & Policy

Medical boards are responsible for disciplining physicians who inflict egregious harm on their patients, yet they often fail to do so. This Article develops a cultural and organizational framework for explaining why boards so often fail to discipline physicians. The framework highlights three types of barriers that impede board action: (1) input barriers that prevent hospitals and clinics from reporting harm to boards, (2) processing barriers that prevent boards from taking sufficient action against physicians who do harm, and (3) output barriers that prevent boards from sharing information about physicians who do harm with other disciplinary agencies like other medical …

Social Justice, Civil Rights, And Bioethics, Kathy Cerminara

Faculty Scholarship

A stunning confluence of events in the United States in the first few months of 2020 have illustrated pervasive systemic prejudice against vulnerable people resulting in increased risk of death. Combined and situated among other, similar incidents too numerous to mention here, they present an opportunity for bioethicists to help change the impact of implicit bias, white privilege, and prejudice in shaping the very ability to live a healthy life in America. The current lack of care and even outright cruelty rendering a variety of vulnerable populations susceptible to early death illustrate why there must be more attention paid to …

Workers' Comp And Contagious Disease: History And Future, Kate E. Britt

Law Librarian Scholarship

Modern workers’ compensation schemes set out to provide financial relief to employees who contract an occupational disease during employment, like miners contracting black lung or contractors exposed to asbestos. Certain professions are understood to stand a particular risk of exposure to contagious diseases. Health-care workers interact with persons carrying contagious disease as a matter of course. What workers’ compensation does not cover are diseases which are so prevalent they are considered an “ordinary disease of life.” These diseases, like the common cold, influenza, or pneumonia, could be contracted by persons regardless of their profession, and workers’ compensation acts generally limit …

Supported Decision-Making In The United States And Abroad, Emily A. Largent, Andrew Peterson

Journal of Health Care Law and Policy

No abstract provided.

Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian

Journal of Health Care Law and Policy

No abstract provided.

Hipaa, Katz, And The Privacy Gap, Ryan L. Paukert

Journal of Health Care Law and Policy

No abstract provided.

Jacobson 2.0: Police Power In The Time Of Covid-19, James R. Steiner-Dillon

Akron Law Faculty Publications

The COVID-19 pandemic has become a legal, as well as a public health, crisis. In response to the pandemic, state and municipal governments have imposed unprecedented constraints on Americans’ daily activities. These restrictions provoked a wave of constitutional challenges that have revealed the antiquated doctrinal foundations of states’ police power in the area of public health. It has been over a century since the Supreme Court, in Jacobson v. Massachusetts, articulated a broadly deferential approach to constitutional review of state orders issued in response to a public health emergency. The constitutional order has changed since Jacobson was decided; many provisions …

Off-Label Use In The Twenty-First Century: Most Myths And Misconceptions Mitigated, 54 Uic J. Marshall L. Rev. 1 (2021), James Beck

UIC Law Review

No abstract provided.

Equality And Sufficiency In Health Care Reform, Gabriel Scheffler

Maryland Law Review

No abstract provided.

So Many Have Died: Covid-19 In America's Nursing Homes, David M. English

Faculty Publications

As of the date of this writing in late September 2020, over 77,000 residents and staff of long-term care facilities have died of COVID-19 with more to come. This article will describe the reasons for this mass wave of death and provide practical suggestions for attorneys who represent a resident or family members of residents.

Fraud Law And Misinfodemics, Wes Henricksen

Faculty Scholarship

No abstract provided.

The Covid-19 Vaccination Race, Roojin Habibi

Maryland Journal of International Law

No abstract provided.

Nutrition Risk And Validation Of An Hiv Disease-Specific Nutrition Screening Tool In Ghana, Lauri Wright, Maxwell Bisala Konlan, Laurene Boateng, James B. Epps

Mental Health Law & Policy Faculty Publications

Objectives: The objectives of this study were to assess the nutritional status and the most commonly reported nutrition-related factors contributing to nutritional risk in people living with HIV/AIDS (PLWHA) in Ghana and the specificity and sensitivity of the Rapid Nutrition Screening for HIV disease tool (RNS-H) in this population.

Design: A cross-sectional design was utilised. Patients were screened for nutritional status during a one-week period by clinic nurses using the RNS-H. Results were compared with a comprehensive nutritional assessment by a dietitian.

Setting: The research was conducted in a public health clinic at the University of Ghana Hospital, Legon.

Subjects: …