Health Law and Policy Commons^™

Global Pull Incentives For Better Antibacterials: The Uk Leads The Way, Kevin Outterson, John Rex

Faculty Scholarship

The article from Leonard and the team from the National Institute for Health and Care Excellence, NHS England, and NHS Improvement [1] asks the question whether the UK subscription program can restore the antibacterial pipeline, with an insiders’ description of the process and strategy that led to implementation (briefly, a ‘pull incentive’ of reimbursement for new antibacterials that is delinked from volume of sales with payments based on the added value to the whole health and social care system).

Governments [2,3,4,5,6,7,8,9], academics …

Dobbs V. Jackson Women's Health Organization, Anna Grace Cole

Tennessee Law Review

No abstract provided.

Sanitation: Reducing The Administrative State’S Control Over Public Health, Lauren R. Roth

Scholarly Works

On April 18, 2022, in Health Freedom Defense Fund, Inc. v. Biden, United States District Judge Kathryn Kimball Mizelle vacated the mask mandate issued by the Centers for Disease Control and Prevention. Following a framework laid out in other decisions restricting CDC actions in response to COVID-19, the court found that the agency lacked statutory authority to protect the public from the virus by requiring mask wearing during travel and at transit hubs because Congress did not intend such a broad grant of power. Countering decades of public health jurisprudence, the federal district court failed to defer to experts and …

Call Me, Beep Me, If You Want To Reach Me: Utilizing Telemedicine To Expand Abortion Access, Samantha A. Hunt

Vanderbilt Law Review

In June 2022, the Supreme Court handed down its decision in Dobbs v. Jackson Women’s Health Organization. The decision confirmed what the public already knew. An anonymously leaked draft version of what ultimately became Justice Samuel Alito’s majority opinion had braced the country for Dobbs’s keyholding. Overturning decades of precedent, the Court found that there is no right to abortion in the United States Constitution. Shortly thereafter, states began implementing restrictions and near-total bans on abortion. These laws had an immediate effect on the safety of pregnant people. In Tennessee, a state where abortion is now outlawed, one woman had …

Prescribing Exploitation, Charlotte A. Tschider

Faculty Publications & Other Works

Patients are increasingly reliant temporarily, if not indefinitely, on connected medical devices and wearables, many of which use artificial intelligence (“AI”) infrastructures and physical housing that directly interacts with the human body. The automated systems that drive the infrastructures of medical devices and wearables, especially those using complex AI, often use dynamically inscrutable algorithms that may render discriminatory effects that alter paths of treatment and other aspects of patient welfare.

Previous contributions to the literature, however, have not explored how AI technologies animate exploitation of medical technology users. Although all commercial relationships may exploit users to some degree, some forms …

The Surprising Harms Hidden Within The No Surprises Act, Madeleine Amick-Kehoe

Mitchell Hamline Law Review

No abstract provided.

The Who’S 75th Anniversary: Who At A Pivotal Moment In History, Lawrence O. Gostin, Danwood Mzikenge Chirwa, Helen Clark, Roojin Habibi, Björn Kümmel, Jemilah Mahmood, Benjamin Mason Meier, Winnie Mpanju-Shumbusho, K. Srinath Reddy, Attiya Waris, Miriam Were

Georgetown Law Faculty Publications and Other Works

The World Health Organisation (WHO) was inaugurated in 1948 to bring the world together to ensure the highest attainable standard of health for all. Establishing health governance under the United Nations (UN), WHO was seen as the preeminent leader in public health, promoting a healthier world following the destruction of World War II and ensuring global solidarity to prevent disease and promote health. Its constitutional function would be ‘to act as the directing and coordinating authority on international health work’. Yet today, as the world commemorates WHO’s 75th anniversary, it faces a historic global health crisis, with governments presenting challenges …

Reevaluating Regional Law Reform Strategies After Dobbs, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This article studies the triad of 2016 social media campaigns known as “#AskDr.Kasich,” “#askbevinaboutmyvag,” and “#PeriodsforPence.” While these campaigns, each located in the regional mid-South, were motivated by restrictive state abortion bills, they uniquely positioned menstruation and women’s bodies at the center of their activism—not abortion alone. They leveraged, as a political fault line, the contradiction of these states’ governors’ perceived disgust relating to basic women’s reproductive health, relative to their patriarchal assuredness in regulating and controlling women’s bodies.

In so doing, they tapped into meaningful disruptions in the geographies, religiosities, and masculinities of abortion politics. These campaigns achieved regional …

Come As You Are?: Democratizing Healthcare Through Black Church - Telehealth Initiatives, Meighan Parker

Scholarly Works

Drawing from the phrase “come as you are,” which is frequently used in Black Churches to encourage and welcome people to church spaces for spiritual restoration and healing irrespective of their various social and economic dispositions, this Article aims to describe how telehealth partnerships with community organizations, such as Black Churches, can help democratize healthcare.

In this project, I develop two models for Black Church-Telehealth Initiatives—a Telehealth Clinic on the Church’s campus and a Designated Telehealth Space with the requisite technology to facilitate telehealth encounters—to argue that Black Church-Telehealth Initiatives can help address certain social determinants of health, such as …

Why Money Is Well Spent On Time, Michael Ulrich

Faculty Scholarship

There are a few reasons why incentivizing clinicians to spend more time with patients can improve health outcomes. Doing so affords clinicians time to assess social determinants’ influences on their patients’ health experiences; offers opportunities to identify and respond to patients’ loneliness; and helps motivate patients’ trust in health care, strengthen patient-clinician relationships, and bolster patients’ adherence to clinicians’ recommendations.

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox

West Virginia Law Review

No abstract provided.

Medicaid Expansion Expectations, Deborah R. Farringer

West Virginia Law Review

No abstract provided.

Financing Rural Health Care, Isaac D. Buck

West Virginia Law Review

No abstract provided.

International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel

West Virginia Law Review

No abstract provided.

An Immigration Solution For Improving Rural Healthcare, Kit Johnson

West Virginia Law Review

No abstract provided.

Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo

West Virginia Law Review

No abstract provided.

Healthcare Education Leaves The Hills: Frontier Nursing University's Move From Appalachia, Hannah Haksgaard

West Virginia Law Review

No abstract provided.

Can Moral Framing Drive Insurance Enrollment In The Us?, Wendy Netter Epstein, Christopher Robertson, David Yokum, Hansoo Ko, Kevin Wilson, Monica Ramos, Katherine Kettering, Margaret Houtz

Faculty Scholarship

To encourage health insurance uptake, marketers and policymakers have focused on consumers' economic self-interest, attempting to show that insurance is a good deal or to sweeten the deal, with subsidies or penalties. Still, some consumers see insurance as a bad deal, either because they rationally exploit private risk information (“adverse selection”), or irrationally misperceive the value due to cognitive biases (e.g., optimism). As a result, about 30 million Americans remain uninsured, including many who could afford it. At the same time, polling suggests that Americans view health insurance through a moral lens, seeking to protect those with pre-existing conditions especially. …

Inherent Powers And The Limits Of Public Health Fake News, Michael P. Goodyear

St. John's Law Review

(Excerpt)

In a Vero Beach, Florida, supermarket, Susan Wiles rode her motorized cart through the produce aisle. In any year other than 2020 or 2021, this would have been a routine trip to the grocery store. But in 2020, Mrs. Wiles was missing an accessory that had become ubiquitous in society during that year: a face mask. Despite causing a commotion, Mrs. Wiles stood by her decision, claiming that the concerns about COVID-19 were overblown: “I don’t fall for this. It’s not what they say it is.” Mrs. Wiles’ statement is emblematic of the year 2020. This is not the …

Addressing Stigma And False Beliefs About Mental Health: A New Direction For Mental Health Parity Advocacy, Claire Sontheimer, Michael Ulrich

Faculty Scholarship

Despite laws designed to protect mental health and substance use parity in the United States, real parity remains an aspiration. Under the current system, insurance companies use multiple tactics to deny coverage for or delay the provision of mental health and substance use disorder (MH/SUD) treatment. The difficulty of enforcing parity creates a barrier to achieving the goal of accessible behavioral health services. Rather than a continued effort to legislate our way out of this conundrum, it may be useful to look further upstream. Critical impediments to achieving such parity include the basic attitudes and beliefs about mental and behavioral …

What The Harm Principle Says About Vaccination And Healthcare Rationing, Christopher Robertson

Faculty Scholarship

Clinical ethicists hold near consensus on the view that healthcare should be provided regardless of patients’ past behaviors. In classic cases, the consensus can be explained by two key rationales—a lack of acute scarcity and the intractability of the facts around those behaviors, which make discrimination on past behavior gratuitous and infeasible to do fairly. Healthcare providers have a duty to help those who can be helped. In contrast, the COVID-19 pandemic suggests the possible recurrence of a very different situation, where a foreseeable acute shortage of healthcare resources means that some cannot be helped. And that shortage is exacerbated …

Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian

Scholarly Articles in Law Reviews & Journals

The Supreme Court appears poised to overrule fifty years of precedent holding that pre-viability prohibitions on abortion are unconstitutional. In a leaked draft opinion of Dobbs v. Jackson Women Health Organization, Justice Alito proclaims that Roe v. Wade and Planned Parenthood v. Casey must be overruled and abortion left to the states to regulate. During oral argument in Dobbs, Justice Kavanaugh suggested that overturning Roe would return the Court to a postion of "neutrality" on abortion. Justice Kavanaugh's assertion falls in line with claims by anti-abortion jurists that reversing Roe would simplify abortion law by returning the issue to the …

Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake

West Virginia Law Review

No abstract provided.

Sociotechnical Safeguards For Genomic Data Privacy, Ellen W. Clayton, Zhiyu Wan, Et Al.

Vanderbilt Law School Faculty Publications

Recent developments in a variety of sectors, including health care, research and the direct-to-consumer industry, have led to a dramatic increase in the amount of genomic data that are collected, used and shared. This state of affairs raises new and challenging concerns for personal privacy, both legally and technically. This Review appraises existing and emerging threats to genomic data privacy and discusses how well current legal frameworks and technical safeguards mitigate these concerns. It concludes with a discussion of remaining and emerging challenges and illustrates possible solutions that can balance protecting privacy and realizing the benefits that result from the …

The Legal Role In Building Sustainable Public Health- Speaker, Joanna Sax, E. Donald Shapiro Professor Of Law

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health, Jessica Mantel Professor And Co-Director

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health: New Payment Models And Delivery Systems, Dakasha Winston Senior Vp & Chief Government Relations Officer, Mark Ison, Beth Swenson Deweese Episodes Of Care Strategy Specialist

Belmont Health Law Journal

No abstract provided.

Why A Sustainable Public Health System Needs Community-Based Integrated Health Teams, Jessica Mantel Professor Of Law And George Butler Research Professor, Jasmine Singh J.D. Candidate

Belmont Health Law Journal

This Article builds upon previous research by describing specific examples of how community-integrated health teams (CIHTs) have supported their community's COVID-19 public health response that were shared with the authors during qualitative interviews with CIHTs. This Article proceeds in three parts, Part I describes the research study we conducted, including who we interviewed, descriptions of the types of CIHTs we included, and the topics about which we inquired. Part II describes how CIHTs can provide assistance to individual patients during a public health crisis. Part III is the system-level counterpart of Part II and describes how CIHTs can leverage their …

If You Can't Stop Them, Protect Them: The Legal Tethers For Bringing Fully Comprehensive Sexual Education Policy To Tennessee, Tess Anderson J.D. Candidate

Belmont Health Law Journal

This Note explores why Tennessee needs a comprehensive sexual education curriculum, how Tennessee can get it, and what should be included in the Curriculum. Part II of this Note provides background on sexual health in the United States. Particularly, this section includes statistics surrounding STDs and teen pregnancy, the current sexual health policy in Tennessee, and examples of different sexual education curriculums currently being used throughout the United States. Part III of this Note analyzes legal tethers that can help attain comprehensive sexual education in Tennessee including the Mature Minor Doctrine, Freedom of Religion, the Fourteenth Amendment Liberty Interest, Title …

The Hidden Enemy On The Frontline: When Medical Professionals Choose Their Profession Over Their Life, Deborah Horn J.D. Candidate

Belmont Health Law Journal

This Note will discuss the disturbing mental health crisis in the medical community and how the COVID-19 pandemic has only exacerbated this issue. Additionally, this Note will discuss why licensure questions regarding mental health contribute and lead to a stigmatization of mental health treatment and unwillingness of both medical school students and practicing physicians from seeking treatment. This Note will also discuss how similar law licensure questions have been outlawed after litigation, yet similar progress has not been shown in medical licensure. Next this Note will discuss The Dr. Lorna Breen Health Care Provider Protection Act. Finally, this Note advances …