Health Law and Policy Commons^™

Patients Versus Profits, Isaac ("Zack") D. Buck

Scholarly Works

Private equity (PE) has come to health care. With it: layoffs, cuts, and new pressures for providers, higher prices for payers, and questions from patients about quality and excessive care. PE firms, driven solely by a profit motive, take over health care entities, “lean” them down, load them with debt, and hope to extract a profit for their investors when they sell the hospital, physician group, or nursing home. Their entry into health care has been stealthy but dramatic: upwards of a third of all for-profit hospitals in the United States, and 40 percent of America’s emergency rooms, are now …

Safe Babies, Safe Moms: A Multifaceted, Trauma Informed Care Initiative, Loral Patchen, Asli Mccullers, Charmain Beach, Melanie Browning, Shy Porter, Aimee Danielson, Evelyn Asegieme, S. Roxana Richardson, Ali Jost, Caitlin S. Jensen, Naheed Ahmed

HJA Scholarship

Purpose

This report describes a multifaceted, trauma-informed initiative developed to address racial/ethnic maternal and infant health inequities in Washington, D.C.

Description

Structural racism and systemic oppression of marginalized communities have played a critical role in maternal and infant health inequities in the United States. Black birthing individuals are exponentially more likely to experience adverse birth outcomes, including preterm birth, low birth weight and maternal mortality. In response to these statistics, the Safe Babies Safe Moms (SBSM) initiative was developed to support patients of marginalized identities and improve health outcomes. SBSM Women’s and Infants’ Services Specialty Care (WIS-SC) is one component …

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.

Telehealth Solutions For Black Maternal Health, Katherine "Yenny" Wu

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Expanding The Scope Of Practice For Nurse Practitioners And Physician Assistants To Enhance Healthcare, Steve Waxman, James Dechene

Annals of Health Law and Life Sciences

No abstract provided.

Be Careful What You Wish For: An Overreliance On Telemedicine Could Harm Health Equity, Chinelo Diké-Minor

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.

Fraud And Abuse Law: Missed Opportunities To Enhance Health Equity, Joan H. Krause

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Protecting Medicaid Providers And Enrollees From Payment Suspensions Based On "Credible Allegations Of Fraud:" A Lesson From New Mexico, Shawn Mathis

Annals of Health Law and Life Sciences

No abstract provided.

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton

Seattle University Law Review

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

The Inter-American Court Of Human Rights Address "Obstetric Violence" In Rodriguez Pacheco Et Al. V. Venezuela, Lily Cantor

Human Rights Brief

The Inter-American Court of Human Rights (“the Court”) decision on reparations and costs in the case of Rodriguez Pacheco et al. v. Venezuela is one of several that the Court analyzed in recent years relating to women’s obstetric health, indicating a rising interest in the area of reproductive rights.

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses - Archive

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

Can Informed Consent Solve Ai Bias?, W. Nicholson Price Ii

Reviews

Artificial intelligence (AI) is moving increasingly rapidly into health care (as indeed into everything else). But it has problems there (as indeed everywhere else!). What’s to be done, in particular, about the deeply embedded biases along racial and other lines that permeate the whole world of health and, as such, are likely to be encoded in AI?

Khiara Bridges gives an answer that seems mild but carries roots of revolution. In Race in the Machine: Racial Disparities in Health and Medical AI, she argues that informed consent is a key lever to pull in fighting these racial disparities. But not …

Gender Regrets: Banning Abortion And Gender-Affirming Care, Margot J. Pollans, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the use of “regret” in the campaigns to ban GAC and abortion. It identifies two overlapping threads. First, both campaigns against medical care point to protection of patients from future regret as a legitimate state interest justifying restrictions on providing medical care. Second, both rely on concerns about regret to redefine the legal meaning of “informed consent” and make it easier for potential future plaintiffs to prevail in civil suits against providers of medical care. In doing so, both treat the emotion of regret as a distinct injury that may give rise to a range of legal …

A Feminist Critique Of The Va Rating Schedule, Yelena Duterte

Michigan Journal of Gender & Law

Fibromyalgia crept into Tina’s life, slowly stealing away her energy and inflicting pain on her body. She experienced a myriad of symptoms including severe and constant pain, fatigue, and memory issues; as she put it, “brain fog.” Her symptoms were so intense she could barely get out of bed, let alone engage in the activities she once loved. Doctors blamed her hormones, believed her pain was psychosomatic, or dismissed her as someone seeking drugs. After several years of severe symptoms and missing work, she was fired from her job. As a United States Air Force veteran who served in the …

Fda Modernization Act 2.0: The Beginning Of The End For Animal Testing In Drug Development, Julia Williams

Animal Law Review

Historical drug testing protocols utilized animal testing to determine whether drugs were safe and effective for use in humans. However, recognizing that testing drugs on other species is potentially dangerous for humans, troubled by failures, unnecessarily expensive, and time consuming, the FDA Modernization Act 2.0, passed in December 2022, removed animal testing as a requirement for new drug applications. While this was an important step forward, a notable failure of that Act is that it did not go far enough to end animal testing. Accordingly, this Article proposes an FDA Modernization Act 3.0.

The FDA Modernization Act 3.0 would ensure …

Out-Of-State Abortion On Company Dime: An Analysis Of State Legislation And Erisa, Erin Elizabeth Hanlon

American University Business Law Review

This Note analyzes the various types of state abortion bans, focusing on those with aiding and abetting clauses. These bans impose civil liability for anyone, including companies providing abortion access benefits, who help a pregnant person gain access to abortion. Additionally, this Note analyzes federal legislation to determine if any retaliatory actions taken against companies violate federal law. This legislation includes the Employee Retirement Income Security Act (“ERISA”) which creates uniformity in insurance and benefits coverage by superseding any state law that references or relates to an ERISA plan. Many advocates believe that ERISA is a company’s greatest defense to …

A Woman's Right To Change Her Mind: The Abortion Pill Reversal Debate, Kelsey Perault

Belmont Law Review

This Note examines the legal, medical, and ethical controversy surrounding abortion pill reversal (APR), a protocol involving the administration of progesterone after ingestion of mifepristone in an attempt to counteract a medication abortion. After outlining the scientific and regulatory history of mifepristone, misoprostol, and progesterone, the Note surveys emerging state legislation that either mandates disclosure of APR as part of informed consent or prohibits the practice altogether. It analyzes the debate within the frameworks of off-label prescribing, medical malpractice, informed consent doctrine, and right-to-try laws. The Note argues that if abortion is legally protected as an exercise of reproductive autonomy, …

Forensic Genetics In The Shadows, Teneille R. Brown, Sarah Duensing, Bob Wong

Utah Law Faculty Scholarship

This article examines the controversial and growing practice of law enforcement agencies searching clinical and public health genetic databases—without a warrant or consent. While police have previously used online public genealogy databases for this purpose, our article describes how they are secretly accessing private genetic information from newborn screening programs and medical tests. We argue this raises serious ethical and legal concerns, blurring the line between healthcare and law enforcement and infecting clinical encounters with the goals of prosecution. This in turn may discourage people from seeking important medical care due to distrust and privacy concerns.

To explore public attitudes …

Abortion And The Extremism Of Bright Line Rules, Teneille R. Brown

Utah Law Faculty Scholarship

Rather than eliding the workability or necessity of bright-line rules in certain domains, this Essay is a rallying cry for epistemic humility regarding what biological criteria can and cannot say. Policymakers sometimes lean on the biosciences to offer “objective” solutions to thorny
moral and legal issues. But descriptive biological data cannot answer normative questions on their own. Cloaking the theoretical, normative scaffolding in biological criteria is a disingenuous but common phenomenon I refer to as the “bio-legal mismatch.”

In this Essay, I discuss various abortion-restrictive statutes and cases to elucidate the problems with the bio-legal mismatch. Specifically, I explore the …

Health Law And Bigotry Distractions, Daniel G. Aaron, Leslie Francis

Utah Law Faculty Scholarship

Bigotry distractions are strategic invocations of racism, transphobia, or negative stigma toward other marginalized groups to shape political discourse. Although the vast majority of Americans agree on large policy issues ranging from reducing air pollution to prosecuting corporate crime, bigotry distractions divert attention from areas of agreement toward divisive identity issues. This article explores how the nefarious targeting of identity groups through bigotry distractions may be the tallest barrier to health reform, and social change more broadly. The discussion extends the literature on dog whistles, strategic racism, and scapegoating.

Comment On Chapters 1 And 4: Health Ai, System Performance, And Physicians In The Loop, W. Nicholson Price Ii

Book Chapters

Accounts of artificial intelligence (AI) in medicine must grapple, in one way or another, with the interaction between AI systems and the humans involved in delivering healthcare. Humans are, of course, involved throughout the process of developing , deploying, and evaluating AI systems, but a particular role stands out: the human in the loop of an algorithmic decision. In medicine, when an algorithm is involved in a decision , a typical view of the system envisions a human healthcare professional mediating that algorithm - deciding whether and how to implement or react to any recommendation, prediction, or other algorithmic output. …

Drug Dealing And The Internal Morality Of Medicine, Matt Lamkin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Which practices qualify as “medical” in nature? This question has important legal implications. Every state has laws prohibiting the “unauthorized practice of medicine.” Health insurance policies generally limit coverage to procedures that are “medically necessary.” And physicians can be prosecuted as drug traffickers if they prescribe controlled substances without a “legitimate medical purpose.” Each of these questions—and many others—hinge on how medicine is defined.

As with many common terms, we all have a general understanding of what medicine is and this heuristic suffices to carry us through our daily lives without complication. Yet when called on to produce a precise …

Market Versus Policy Responses To Novel Occupational Risks, Robert J. Kramer, Elissa Philip Gentry, W Kip Viscusi

Scholarly Publications

The unprecedented occupational risks posed by the COVID-19 pandemic prompted employers to boost wages and federal authorities to propose hazard pay policies. This article estimates a market-based compensating differential for workers facing elevated risks through contact with the public using CPS employment data for 2019–2020 and occupational characteristic data from the US Department of Labor’s Occupational Information Network. The estimated premium for exposure was roughly $820 overall and $1000 for essential workers. These premiums fall short of those proposed—but not enacted—by the federal government and are more commensurate with estimates of the value of a statistical life than were the …