Health Law and Policy Commons^™

340b Bedfellows: How Community Health Centers Can Successfully Contract With Chain Pharmacies To Expand Access To Needed Medicine, Kathryn R. Watson

Annals of Health Law and Life Sciences

No abstract provided.

Compensating Persons Injured By Medical Malpractice And Other Tortious Behavior For Future Medical Expenses Under The Affordable Care Act, Maxwell J. Mehlman, Jay Angoff, Patrick A. Malone, Charles M. Silver, Peter H. Weinbergeri

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

A Profile Of Bio-Pharma Consolidation Activity, Jordan Paradise

Annals of Health Law and Life Sciences

No abstract provided.

Speculating About The Impact Of Healthcare Industry Consolidation On Long-Term Services And Supports, Marshall B. Kapp

Annals of Health Law and Life Sciences

No abstract provided.

Health Insurer Merger Frenzy: How The Continued Arms Race Will Disrupt Traditional Market Roles, Erin E. Dine, Marykathryn Hurd

Annals of Health Law and Life Sciences

No abstract provided.

Everything You Wanted To Know About Breast Augmentation Surgery But Were Afraid To Ask: A Medical - Legal Overview, Samuel D. Hodge, Marshall G. Miles, James B. Pancio

Florida A & M University Law Review

This article will provide a medical/legal perspective to breast augmentation surgery. Written by an attorney who teaches anatomy and a plastic surgeon who routinely performs the procedure, it will initially offer a medical analysis of how the procedure is performed along with its attendant risks. The second part will focus on the court cases and legal theories that have arisen when things go wrong. The article will explain the convoluted litigation history involving breast augmentation when suits were common place and a group of experts linked breast implants to the development of autoimmune disease without any real scientific basis to …

Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman

Publications and Research

While a great deal of public attention addresses the Halliburton loophole of the Energy Policy Act of 2005 and Bureau of Land Management efforts to regulate hydraulic fracturing on public lands, less attention has been paid to the National Park Service “9B Regulations,” which provide a national regulatory framework governing the exercise of nonfederal oil and gas rights in national parks. This article begins with a review of law pertaining to oil and gas drilling in national parks. The article examines the tension in striking a balance between environmental protection, conservation of national lands and achieving energy independence, including National …

Instrumental And Transformative Medical Technology, Nicole Huberfeld

Law Faculty Scholarly Articles

This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (ACA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured—a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being “instrumental technology” or “transformative technology.” Instrumental technology acts as a tool of medicine and often serves an existing aspect of health care; in …

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Mentally Ill Employees In The Workplace: Does The Ada Amendments Act Provide Adequate Protection?, Debbie N. Kaminer

Health Matrix: The Journal of Law-Medicine

The article examines the role played by Americans with Disabilities Act (ADA) in protection of mentally ill employees in the workplace.

Liability For Mobile Health And Wearable Technologies*, Nicolas P. Terry, Lindsay F. Wiley

Annals of Health Law and Life Sciences

No abstract provided.

Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson

UIC John Marshall Journal of Information Technology & Privacy Law

The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …

Health Theater, Govind Persad

Sturm College of Law: Faculty Scholarship

"Security theater" has been defined as an effort to "provide the feeling of security instead of the reality. " The concept of security theater has been discussed in both the popular press and academic literature, but has not yet entered health law. This project suggests that a parallel category of "health theater" picks out a set ofpractices in medical screening and health care delivery that provide a mere simulacrum ofprotection against medical risk, rather than providing genuine medical benefit. Part I summarizes some of the distinctive advantages and disadvantages of health and security theater. Like security theater, health theater frequently …

Sufficiency, Comprehensiveness Of Healthcare Coverage And Cost-Sharing Arrangements In The Realpolitik Of Health Policy, Govind Persad, Harald Schmidt

Sturm College of Law: Faculty Scholarship

This chapter explores two questions in detail: How should we determine the threshold for costs that individuals are asked to bear through insurance premiums or care-related out-of-pocket costs, including user fees and copayments? and What is an adequate relationship between costs and benefits? This chapter argues that preventing impoverishment is a morally more urgent priority than protecting households against income fluctuations, and that many health insurance plans may not adequately protect individuals from health care costs that threaten to drop their financial status below a decent minimum. A design that places greater emphasis on preventing impoverishment and finances the achievement …

Law, Science, And The Injured Mind, Govind Persad

Sturm College of Law: Faculty Scholarship

Even while we widely recognize legal liability for physical injury, we frequently discount mental, emotional, and psychological injury. We disfavor tort liability for emotional distress; we prohibit prisoners from suing for purely psychological injuries; and we tax the damages victims of emotional injury receive even while leaving damages for physical injury untaxed. This Article argues that neuroscientific, psychological, and technological advances challenge our traditional ideas about the set of injuries that are possible and that merit legal redress. The Article goes on to contend that, while these advances challenge our traditional ideas, they do not inevitably overturn traditional distinctions within …

A Feuding House: An Examination Of The Causes And Effects Of The Decline Of Bipartisanship In The United States Congress, Aaron Jackson Horner

Undergraduate Honors Theses

Excerpt from Introduction

In October of 2016, a Gallup poll reported that Congress had an approval rating of 18%.[1] Compared to the President’s approval rating, Congress is seen as ineffective and too bipartisan for many Americans. While there has always been a natural tension between the opposing parties, it has magnified within recent years. Within Congress itself, many members are seeing their political opposition even more unfavorably today than their counterparts did two decades ago. Carol Doherty of the Pew Research Center claims that it is the “intensity of negativity that’s increased.”[2] The 2008 election marked a new …

Fixing Medicaid To "Fix Society": Extending Medicaid Coverage Of Gender-Affirming Healthcare To Transgender Youth, Henry Parr

Fordham Urban Law Journal

No abstract provided.

Workforce Planning And Development In Times Of Delivery System Transformation, Patricia Pittman, Ellen Scully-Russ

Health Policy and Management Faculty Publications

Background

As implementation of the US Affordable Care Act (ACA) advances, many domestic health systems are considering major changes in how the healthcare workforce is organized. The purpose of this study is to explore the dynamic processes and interactions by which workforce planning and development (WFPD) is evolving in this new environment.

Methods

Informed by the theory of loosely coupled systems (LCS), we use a case study design to examine how workforce changes are being managed in Kaiser Permanente and Montefiore Health System. We conducted site visits with in-depth interviews with 8 to 10 stakeholders in each organization.

Results

Both …

Instrumental And Transformative Medical Technology, Nicole Huberfeld Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (ACA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured--a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being "instrumental technology" or "transformative technology." Instrumental technology acts as a tool of medicine and often serves an existing aspect of health care; in …