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Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph Fins 2018 Weill Cornell Medical College and Yale Law School

Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph Fins

Florida State University Law Review

Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …


Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole LeClair 2018 CUNY School of Public Health

Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole Leclair

Publications and Research

Natural gas extracted form shale reached record production totals in 2015 in the United States and the US Energy Information Administration (EIA) forecasts natural gas production will continue to increase. Wastes from shale gas extraction can contain the radioactive isotopes radium-226 (Ra-226) and radium-228 (Ra-228), which decay further into radon (Rn). Exposure to radon, a form of naturally occurring radioactive materials (NORM), is the leading cause of lung cancer in the United States, after smoking. This article explores how states handle the disposal of technologically enhanced naturally occurring radioactive materials (TENORM) and/or NORM waste from oil and gas operations to …


Privacy Of Information And Dna Testing Kits, Shanna Raye Mason 2018 Catholic University of America (Student)

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …


Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman 2018 Case Western Reserve University School of Law

Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman

Faculty Publications

The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.

The Article explores the strengths and weaknesses of step therapy …


Foreword, Adrienne A. Testa 2018 Loyola University Chicago, School of Law

Foreword, Adrienne A. Testa

Annals of Health Law and Life Sciences

No abstract provided.


You Can’T Save Dead People: The Emerging Battles Over Supervised Consumption Sites, James Satterberg 2018 University of Washington School of Law

You Can’T Save Dead People: The Emerging Battles Over Supervised Consumption Sites, James Satterberg

Washington Law Review Online

The United States is experiencing a drug overdose epidemic of historic proportions. As fatal overdose rates continue to increase, some jurisdictions have sought evidence-based solutions to this public health issue. This Comment concerns one proposed remedy in particular: supervised consumption sites. In a supervised consumption site, drug users are encouraged to consume their own drugs at the facility. Facility staff give drug users clean equipment, teach safe injection techniques, and, most importantly, monitor drug users for symptoms of overdose. If a staff member witnesses an overdose, they act to prevent the overdose from becoming fatal. Research conducted on supervised consumption …


Table Of Contents, Annals of Health Law 2018 Loyola University Chicago, School of Law

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Sovaldi: The High Price For A Cure, Theresa C. Mahfood 2018 Loyola University Chicago, School of Law

Sovaldi: The High Price For A Cure, Theresa C. Mahfood

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Adrienne A. Testa 2018 Loyola University Chicago, School of Law

Foreword, Adrienne A. Testa

Annals of Health Law and Life Sciences

No abstract provided.


What Is Reasonable And What Can Be Proved As Reasonable: Reflections On The Role Of Evidence- Based Medicine And Clinical Practice Guidelines In Medical Negligence Claims, Sira Grosso 2018 Loyola University Chicago, School of Law

What Is Reasonable And What Can Be Proved As Reasonable: Reflections On The Role Of Evidence- Based Medicine And Clinical Practice Guidelines In Medical Negligence Claims, Sira Grosso

Annals of Health Law and Life Sciences

No abstract provided.


What To Expect When You're Expecting...Tanfstyle Medicaid Waivers, Laura D. Hermer 2018 Loyola University Chicago, School of Law

What To Expect When You're Expecting...Tanfstyle Medicaid Waivers, Laura D. Hermer

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals of Health Law 2018 Loyola University Chicago, School of Law

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.


Uncanny Commodities: Policy And Compliance Implications For The Trade In Debt And Health Data, Mary F E Ebeling 2018 Loyola University Chicago, School of Law

Uncanny Commodities: Policy And Compliance Implications For The Trade In Debt And Health Data, Mary F E Ebeling

Annals of Health Law and Life Sciences

No abstract provided.


Legal And Ethical Impediments To Data Sharing And Integration Among Medical Legal Partnership Participants, Jessica Mantel, Renee Knake 2018 Loyola University Chicago, School of Law

Legal And Ethical Impediments To Data Sharing And Integration Among Medical Legal Partnership Participants, Jessica Mantel, Renee Knake

Annals of Health Law and Life Sciences

No abstract provided.


Miranda And The Womb, Geneva Brown 2018 Loyola University Chicago, School of Law

Miranda And The Womb, Geneva Brown

Annals of Health Law and Life Sciences

No abstract provided.


Searching For Adverse Events: Big Data And Beyond, Barry R. Furrow 2018 Loyola University Chicago, School of Law

Searching For Adverse Events: Big Data And Beyond, Barry R. Furrow

Annals of Health Law and Life Sciences

No abstract provided.


Remarks On Patient Privacy: Problems, Perspectives, And Opportunities, Stacey A. Tovino 2018 Loyola University Chicago, School of Law

Remarks On Patient Privacy: Problems, Perspectives, And Opportunities, Stacey A. Tovino

Annals of Health Law and Life Sciences

No abstract provided.


The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian B. Sundquist 2018 Loyola University Chicago, School of Law

The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian B. Sundquist

Annals of Health Law and Life Sciences

No abstract provided.


Macra And Medicare’S Elusive Quest For Fairness And Value With Physician Payment Policy: Speeding Up The Transition To “Big Med”, Rick Mayes, Soleil Shah 2018 University of Richmond

Macra And Medicare’S Elusive Quest For Fairness And Value With Physician Payment Policy: Speeding Up The Transition To “Big Med”, Rick Mayes, Soleil Shah

Saint Louis University Journal of Health Law & Policy

This article traces the evolution of Medicare physician payment policy from the program’s beginning to the passage of the 2015 Medicare Access and CHIP Reauthorization Act (MACRA). Based on interviews, primary data sources, and an extensive review of the secondary literature, the authors provide an analysis of: (1) some of the most significant events, trends and factors that led to the Act’s passage, (2) MACRA’s basic design and the primary options it gives to physicians, and (3) the major concerns many physician representatives and health policy experts have about MACRA. As the majority of physicians will likely feel the need …


When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, Taylor Simpson-Wood 2018 Barry University

When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.


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