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Full-Text Articles in Health Law and Policy

Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer Jan 2022

Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer

Chicago-Kent Law Review

No abstract provided.


Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum Jan 2022

Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum

Chicago-Kent Law Review

No abstract provided.


Causation And Compensation For Intergenerational Harm, Dov Fox Jan 2022

Causation And Compensation For Intergenerational Harm, Dov Fox

Chicago-Kent Law Review

No abstract provided.


The Us Supreme Court’S Rulings On Large Business And Health Care Worker Vaccine Mandates: Ramifications For The Covid-19 Response And The Future Of Federal Public Health Protection, Lawrence O. Gostin, Wendy E. Parmet, Sara Rosenbaum Jan 2022

The Us Supreme Court’S Rulings On Large Business And Health Care Worker Vaccine Mandates: Ramifications For The Covid-19 Response And The Future Of Federal Public Health Protection, Lawrence O. Gostin, Wendy E. Parmet, Sara Rosenbaum

Georgetown Law Faculty Publications and Other Works

On January 13, 2022, the Supreme Court issued 2 landmark rulings on the federal government’s power to mandate COVID-19 vaccinations. The Court curtailed the government’s ability to respond to the pandemic and may have also severely limited the authority of federal agencies to issue health and safety regulations.

In National Federation of Independent Business v Department of Labor, the Court blocked an Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) requiring vaccination, subject to religious or disability accommodations, or weekly testing and masking in businesses with 100 or more employees. In Biden v Missouri, the Court …


Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci Jan 2022

Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …


Dau-Schmidt: Scotus Vaccine Ruling Raises As Many Questions As It Resolves, James Owsley Boyd Jan 2022

Dau-Schmidt: Scotus Vaccine Ruling Raises As Many Questions As It Resolves, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Clinical Interactions In Electronic Medical Records Towards The Development Of A Token-Economy Model, Nicole Allison S. Co, Jason Limcaco, Hans Calvin L. Tan, Ma. Regina Justina E. Estuar, Christian E. Pulmano, Dennis Andrew Villamor, Quirino Sugon Jr, Maria Cristina G. Bautista, Paulyn Jean Acacio-Claro Jan 2022

Clinical Interactions In Electronic Medical Records Towards The Development Of A Token-Economy Model, Nicole Allison S. Co, Jason Limcaco, Hans Calvin L. Tan, Ma. Regina Justina E. Estuar, Christian E. Pulmano, Dennis Andrew Villamor, Quirino Sugon Jr, Maria Cristina G. Bautista, Paulyn Jean Acacio-Claro

Graduate School of Business Publications

The use of electronic medical records (EMRs) plays a crucial role in the successful implementation of the Universal Healthcare Law which promises quality and affordable healthcare to all Filipinos. Consequently, the current adoption of EMRs should be studied from the perspective of the healthcare provider. As most studies look into use of EMRs by doctors or patients, there are very few that extend studies to look at possible interaction of doctor and patient in the same EMR environment. Understanding this interaction paves the way for possible incentives that will increase the use and adoption of the EMR. This study uses …


A Micro-Analysis Approach In Understanding Electronic Medical Record Usage In Rural Communities: Comparison Of Frequency Of Use On Performance Before And During The Covid-19 Pandemic, Paulyn Jean Acacio-Claro, Ma. Regina Justina Estuar, Dennis Andrew Villamor, Maria Cristina G. Bautista, Quirino Sugon Jr, Christian E. Pulmano Jan 2022

A Micro-Analysis Approach In Understanding Electronic Medical Record Usage In Rural Communities: Comparison Of Frequency Of Use On Performance Before And During The Covid-19 Pandemic, Paulyn Jean Acacio-Claro, Ma. Regina Justina Estuar, Dennis Andrew Villamor, Maria Cristina G. Bautista, Quirino Sugon Jr, Christian E. Pulmano

Graduate School of Business Publications

In strengthening eHealth in the Philippines to support the universal health care (UHC) law, the scaling up and full adoption of electronic medical record (EMR) systems was strategically scheduled and supposedly completed in 2020. The Covid-19 pandemic, however, delayed these strengthening efforts. We wanted to assess the status of EMR adoption in primary clinics of rural health units (RHUs) and understand the frequency of use, particularly during the pandemic. Through analyses of EMR usage logs from selected RHUs in 2020, we estimated frequency of EMR usage based on duration of use and tested if this was influenced by the performing …


The First 2 Years Of Covid-19: Lessons To Improve Preparedness For The Next Pandemic, Jennifer B. Nuzzo, Lawrence O. Gostin Jan 2022

The First 2 Years Of Covid-19: Lessons To Improve Preparedness For The Next Pandemic, Jennifer B. Nuzzo, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

On December 31, 2019, the World Health Organization (WHO) Country Office in China reported novel “viral pneumonias of unknown cause” in Wuhan, but China did not confirm case clusters until January 3, 2020. Two years later, more than 285 million cases and 5.4 million deaths have been reported. As of December 2021, more than 800 000 COVID-19 deaths have occurred in the US, surpassing the 675 446 total deaths that occurred during the great influenza pandemic of 1918. The COVID-19 pandemic reduced global economic growth by an estimated 3.2% in 2020, with trade declining by 5.3%; an estimated 75 million …


Addressing Stigma And False Beliefs About Mental Health: A New Direction For Mental Health Parity Advocacy, Claire Sontheimer, Michael R. Ulrich Jan 2022

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

Annals of Health Law and Life Sciences

No abstract provided.


Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt Jan 2022

Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt

Faculty Scholarship

There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …


We Shouldn't Need Roe, Carliss Chatman Jan 2022

We Shouldn't Need Roe, Carliss Chatman

Scholarly Articles

In the face of state-by-state attacks on the right to choose, which result in regular challenges to Roe v. Wade in the U.S. Supreme Court, this essay asks whether Roe is needed at all. Decades of state law encroachments have caused Roe to fail to properly protect the right to choose. Building on prior works that challenge the premise of fetal personhood and highlighting the status of Roe-based rights after decades of challenges, this essay proposes an alternative solution to Roe. Federal legislative and executive efforts, including the Women’s Health Protection Act, are necessary to ensure the right …


Making An Offer That Can't Be Refused: The Need For Reform In The Rules Governing Informed Consent And Doctor-Patient Agreements, Timothy C. Macdonnell Jan 2022

Making An Offer That Can't Be Refused: The Need For Reform In The Rules Governing Informed Consent And Doctor-Patient Agreements, Timothy C. Macdonnell

Scholarly Articles

On a daily basis, throughout the country, patients are required to sign informed consent forms regarding the care they receive from their doctors. Informed consent forms are an important part of ensuring patients are making an intelligent, autonomous decision regarding their healthcare based on the facts related to their particular situation. However, frequently these consent forms contain what amount to contract-like terms that require patients to permit doctors to substitute other healthcare providers to care for the patient under the doctor’s supervision (substituted caregiver terms). Often these terms are presented to patients on the eve of surgery and on a …


Newsletter, Winter 2022 Jan 2022

Newsletter, Winter 2022

Newsletter

No abstract provided.


Aging, Health, Equity, And The Law: Foreword, Joan C. Foley Jan 2022

Aging, Health, Equity, And The Law: Foreword, Joan C. Foley

Touro Law Review

No abstract provided.


Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health, Paul Mclaughlin Jan 2022

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health, Paul Mclaughlin

Scholarly Works

This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …


Minnesota's Children: The True Cost Of Minnesota's Lead Problem, Kaitlin Yira Jan 2022

Minnesota's Children: The True Cost Of Minnesota's Lead Problem, Kaitlin Yira

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Advancing Harm Reduction Services In The United States: The Untapped Role Of The Americans With Disabilities Act, Valarie K. Blake, Abigail Fletes, Maria Katherine Delos Reyes, John C. Messinger, Leo Beletsky Jan 2022

Advancing Harm Reduction Services In The United States: The Untapped Role Of The Americans With Disabilities Act, Valarie K. Blake, Abigail Fletes, Maria Katherine Delos Reyes, John C. Messinger, Leo Beletsky

Scholarly Works

Now in its third decade, the overdose crisis continues to worsen. Harm reduction strategies, such as syringe service programs (SSPs), are proven, cost-effective responses to this ongoing public health emergency. Despite extensive research demonstrating that the health and social benefits of harm reduction services far outweigh alleged negative externalities, the number and scope of these programs continue to be severely limited. Restrictive zoning and other discriminatory legal measures figure among key barriers to harm reduction service access. The Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) have recently gained prominence in challenging discrimination against people who seek substance use …


Healthcare Fraud Investigations: Overview Of Overbroad Investigative Regime And Recommendations For A More Targeted Approach, Salvatore Filippello Jan 2022

Healthcare Fraud Investigations: Overview Of Overbroad Investigative Regime And Recommendations For A More Targeted Approach, Salvatore Filippello

Annals of Health Law and Life Sciences

No abstract provided.


Neurorights For Incarcerated Persons: Should We Curb Inflation?, Shannon Fyfe, Elizabeth Lanphier, Andrew Peterson Jan 2022

Neurorights For Incarcerated Persons: Should We Curb Inflation?, Shannon Fyfe, Elizabeth Lanphier, Andrew Peterson

Scholarly Articles

We support protecting privacy and freedom, both generally and in carceral settings. Yet we remain skeptical that expanding so-called “neurorights” achieves these aims (cf. Bublitz 2022). Instead, it may inflate human rights in ways that diminish the ability to enforce them, overlook the ways in which incarceration is at odds with other human rights, and raise questions of whether neurotechnologies can violate such rights in the ways Ligthart et al. imply.


Foreword, Meera V. Patel Jan 2022

Foreword, Meera V. Patel

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law & Life Sciences Jan 2022

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Welcome To The Digital Age: Reinventing Contact Tracing And The Public Health Service Act For A Modern Pandemic Response, Michael L. Cederblom Jan 2022

Welcome To The Digital Age: Reinventing Contact Tracing And The Public Health Service Act For A Modern Pandemic Response, Michael L. Cederblom

Annals of Health Law and Life Sciences

No abstract provided.


Physician Liability In The Age Of Data Reliance And Errors, Laura Montesantos Jan 2022

Physician Liability In The Age Of Data Reliance And Errors, Laura Montesantos

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Meera V. Patel Jan 2022

Foreword, Meera V. Patel

Annals of Health Law and Life Sciences

No abstract provided.


Mind The App, Leah R. Fowler, Jessica L. Roberts Jan 2022

Mind The App, Leah R. Fowler, Jessica L. Roberts

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2022

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Pandemic Response Through Whole Person Care: The Intersection Of Physical And Mental Health And The Law, Jennifer Kinsley Smith, Esq., Elizabeth J. Lattner, Ma, Allison Kreiner, Md, Edward J. Kilbane, Md, Ma, Keyvan Ravakhah, Md, Mba Jan 2022

Pandemic Response Through Whole Person Care: The Intersection Of Physical And Mental Health And The Law, Jennifer Kinsley Smith, Esq., Elizabeth J. Lattner, Ma, Allison Kreiner, Md, Edward J. Kilbane, Md, Ma, Keyvan Ravakhah, Md, Mba

Annals of Health Law and Life Sciences

No abstract provided.


More Money, More Problems: Why H.R. 1318 Is An Insufficient Fix To Remedy The Maternal Mortality Crisis Jan 2022

More Money, More Problems: Why H.R. 1318 Is An Insufficient Fix To Remedy The Maternal Mortality Crisis

Florida A & M University Law Review

Between 1990 and 2013 maternal mortality has nearly doubled in the United States as opposed to other countries.6 Per every 100,000 live births, there are 26.4 deaths in the United States. In fact, the United States has the highest rate of maternal mortality in the industrialized world. Unfortunately, maternal mortality did not become a political issue until public figures, like Beyonc´e and Serena Williams, began speaking out about near-death experiences while giving birth. For example, T.V. phenomenon Judge Glenda Hatchett’s daughter-in-law, Kira Johnson, died due to pregnancy-related complications in 2016. Stories like Beyonc´e’s, Serena Williams, and Kira Johnson caused a …


Age—Not Sex Or Gender—Makes The Case Of Ellie Anderson Complex, Elizabeth Lanphier, Shannon Fyfe Jan 2022

Age—Not Sex Or Gender—Makes The Case Of Ellie Anderson Complex, Elizabeth Lanphier, Shannon Fyfe

Scholarly Articles

In ’The Complex Case of Ellie Anderson’, Joona Rasanen and Anna Smajdor raise several ethical questions about the case. One question asks, but does not answer, whether Ellie faced discrimination for being transgender when her mother was not allowed access to Ellie’s sperm following her death. In raising the question, the authors imply anti-trans bias may have influenced this determination. However, this inference is not supported by current ethical and legal guidance for posthumous use of gametes, with which Ellie’s case is consistent. We consider the authors’ responses to their other ethical queries, and how their suggestions for what options …