Volume 24 (2014),
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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.,
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.,
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,
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, …
