Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons™

Open Access. Powered by Scholars. Published by Universities.®

14,641 Full-Text Articles 12,074 Authors 11,112,132 Downloads 231 Institutions

All Articles in Health Law and Policy

Faceted Search

14,641 full-text articles. Page 289 of 426.

Volume 24 (2014), Case Western Reserve Health Matrix: Journal of Law-Medicine 2015 Case Western Reserve University School of Law

Volume 24 (2014), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Antitrust And The Future Of Nursing: Federal Competition Policy And The Scope Of Practice, Daniel J. Gilman, Julie Fairman 2015 Case Western Reserve University School of Law

Antitrust And The Future Of Nursing: Federal Competition Policy And The Scope Of Practice, Daniel J. Gilman, Julie Fairman

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The "Golden Rules" For Eliminating Disparities: Title Vi, Medicare, And The Implementation Of The Affordable Care Act, David Barton Smith 2015 Case Western Reserve University School of Law

The "Golden Rules" For Eliminating Disparities: Title Vi, Medicare, And The Implementation Of The Affordable Care Act, David Barton Smith

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Why The Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall, Marc A. Rodwin, Justin Silverman, David Merfeld 2015 Case Western Reserve University School of Law

Why The Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall, Marc A. Rodwin, Justin Silverman, David Merfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Responding To Requests For Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard, Lindsay Penrose 2015 Case Western Reserve University School of Law

Responding To Requests For Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard, Lindsay Penrose

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Prosecuting Women For Drug Use During Pregnancy: The Criminal Justice System Should Step Out And The Affordable Care Act Should Step Up, Erin D. Kampschmidt 2015 Case Western Reserve University School of Law

Prosecuting Women For Drug Use During Pregnancy: The Criminal Justice System Should Step Out And The Affordable Care Act Should Step Up, Erin D. Kampschmidt

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Avoiding Unintended Disclosure: Representing Clients With Hiv And Aids, LaShanda Taylor Adams 2015 University of the District of Columbia

Avoiding Unintended Disclosure: Representing Clients With Hiv And Aids, Lashanda Taylor Adams

Journal Articles

When the HIV/AIDS epidemic was initially recognized in the United States, many attorneys wondered what it would mean to represent a client with HIV. As the number of HIV-infected individuals grew, so did the need for attorneys to represent them. Specifically, attorneys questioned whether or not their duty of confidentiality would expose them to civil liability from failing to protect a third party.1 In response to this concern, several law review articles were written discussing the dilemma faced by attorneys bound by professional rules of conduct.2 These articles focused on the needs of the attorney and the public rather than …


Transformations In Health Law Practice: The Intersections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara Zabawa, Paula Galowitz 2015 University of Wisconsin - Madison, Law School

Transformations In Health Law Practice: The Intersections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara Zabawa, Paula Galowitz

Faculty Works

The passage and implementation of the Affordable Care Act is propelling transformations in health care. The transformations include integration of clinics and hospitals, value based care, patient centeredness, transparency, computerized business models and universal coverage. These shifts are influencing the practice of health law, a vibrant specialty field considered a "hot" area for new lawyers. The paper examines how the transformations in health care are intersecting with ongoing trends in law practice: increase in in-house positions, collaboration between medical and legal professionals, and the continued search for increased access to legal representation for ordinary people. Three health law workplace sites …


Snap To Healthier Eating: A Comprehensive Look Into How The Supplemental Nutrition Assistance Program (Snap) Can Reduce Health Care Costs, Rictrell L. Pirtle 2015 University of Kentucky

Snap To Healthier Eating: A Comprehensive Look Into How The Supplemental Nutrition Assistance Program (Snap) Can Reduce Health Care Costs, Rictrell L. Pirtle

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Show-Cause Showdown: A Circuit Split In Applying The Affordable Care Act To Miners, Eric Finke 2015 University of Kentucky

Show-Cause Showdown: A Circuit Split In Applying The Affordable Care Act To Miners, Eric Finke

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Incorporation Of Health Impact Analysis Into Land Use Regulation: Using Health Impact Assessments To Promote Sustainable, Healthy Communities, Liz Darling Edmondson 2015 University of Kentucky

The Incorporation Of Health Impact Analysis Into Land Use Regulation: Using Health Impact Assessments To Promote Sustainable, Healthy Communities, Liz Darling Edmondson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program, Stephen McInerney 2015 Sidley Austin, LLP

Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program, Stephen Mcinerney

University of Michigan Journal of Law Reform

Advances in mobile technology continually create new possibilities for the future of medical care. Yet these changes have also created concerns about patient safety. Under the Food, Drug, and Cosmetic Act, the Food and Drug Administration (FDA) has the authority to regulate a broad spectrum of products beyond traditional medical devices like stethoscopes or pacemakers. The regulatory question is not if the FDA has the statutory authority to regulate health-related software, but rather how it will exercise its regulatory authority. In September 2013, the FDA published Final Guidance on Mobile Medical Applications; in it, the Agency limited its oversight to …


Navigating The Law Of Defense Counsel Ex Parte Interviews Of Treating Physicians, Joseph Regalia, V. Andrew Cass 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Navigating The Law Of Defense Counsel Ex Parte Interviews Of Treating Physicians, Joseph Regalia, V. Andrew Cass

Scholarly Works

This article explores the issue of defense counsel ex parte interviews with treating physicians, and proposes a resolution to standardize the practice that is equitable for all parties involved. Courts and legal scholars have commonly recognized that treating physicians in personal injury litigation are usually fact witnesses, albeit with special expertise, and allow plaintiffs unfettered access while defendants are relegated to a formal deposition which creates a fundamental imbalance in informational power. Moreover, there are significant arguments raised by the defense bar concerning efficiency and fairness. However, allowing defense counsel unlimited and unregulated access to treating physicians creates clear risks …


Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Medicaid At 50: No Longer Limited To The "Deserving" Poor?, David Orentlicher

Scholarly Works

Professor David Orentlicher considers the significance of the passage of the Affordable Care Act on the Medicaid program. He discusses the expansion of the program's recipients from merely children, pregnant women, single caretakers of children, and disabled persons to all persons up to 138% of the federal poverty level. Professor Orentlicher argues that the Medicaid expansion reflects concerns about the high costs of health care rather than an evolution in societal thinking about the "deserving" poor. As a result, the expansion may not provide a stable source of health care coverage for the expansion population.


Abortion And Compelled Physician Speech, David Orentlicher 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Abortion And Compelled Physician Speech, David Orentlicher

Scholarly Works

No abstract provided.


Getting Even Less Than What They Paid For: The Plight Of Generic Drug Consumers Under The Levine-Mensing Dichotomy, Vikrama Chandrashekar 2015 University of Colorado Law School

Getting Even Less Than What They Paid For: The Plight Of Generic Drug Consumers Under The Levine-Mensing Dichotomy, Vikrama Chandrashekar

University of Colorado Law Review

The Drug Price Competition and Patent Restoration Act of 1984, known as the Hatch-Waxman Amendments, allows manufacturers to begin developing generic versions of patented, brand-name pharmaceuticals while the patent terms are in force, and to bring those generic versions to market as soon as the patent terms expire. The generic versions are to mimic the brand-name drug in every respect; thus, they are produced at a significantly reduced cost, and those savings are passed on to generic drug consumers. Under federal regulations, a generic drug's label must also mimic that of the brand-name drug, and generic drug manufacturers may not …


Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham 2015 Loyola Marymount University and Loyola Law School

Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham

Loyola of Los Angeles Law Review

During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …


The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro 2015 St. Mary's University

The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro

St. Mary's Law Journal

Abstract Forthcoming.


Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan McKeown 2015 St. Mary's University

Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown

St. Mary's Law Journal

Abstract Forthcoming.


The Struggle To Bury Pre-Existing Condition Consideration, Sallie Thieme Sanford [email protected] 2015 Unversity of Washington School of Law

The Struggle To Bury Pre-Existing Condition Consideration, Sallie Thieme Sanford [email protected]

Articles

As of January 1, 2014, applicants for comprehensive health insurance do not face questions about their health history. The ACA prohibits health insurers from considering an individual’s health history in determining whether to sell that person a comprehensive health insurance policy, the policy’s price, or its coverage terms. Pre-existing condition (PEC) consideration is, in this crucial context, dead. Few will mourn its passing. This legislative milestone marks a significant step towards the goal of a healthier population. While celebrating this achievement, however, in this article I argue that we ought to recall the context of PEC consideration, its practical application, …


Digital Commons powered by bepress