Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access,
2013
Pepperdine University
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel
Pepperdine Law Review
According to an estimate by the Institute of Medicine made over a decade ago, treatment errors in hospitals alone caused 98,000 deaths yearly. This Institute of Medicine report is proving to be conservative. A recent Consumer Reports investigation came to the conclusion that “[m]ore than 2.25 million Americans will probably die from medical harm this decade…. That’s like wiping out the entire populations of North Dakota, Rhode Island, and Vermont. It’s a manmade disaster.” Thus, it appears that the three major systems in the United States that are designed to improve the quality of patient care — the state medical …
Disability Insurance In California,
2013
Pepperdine University
Disability Insurance In California, Jan Mark Dudman
Pepperdine Law Review
No abstract provided.
A Gap In The Affordable Care Act: Will Tax Credits Be Available For Insurance Purchased Through Federal Exchanges?,
2013
Vanderbilt University Law School
A Gap In The Affordable Care Act: Will Tax Credits Be Available For Insurance Purchased Through Federal Exchanges?, Amy E. Sanders
Vanderbilt Law Review
Millions of Americans rest assured that the Patient Protection and Affordable Care Act' ("ACA") provides tax credits for health insurance to individuals earning 100-400% of the federal poverty line. The tax credits will be accessible through state insurance exchanges, also known as Marketplaces, which are government- regulated organizations designed to create more competition in the health insurance industry. But a gap in the unwieldy, two-thousand- plus-page statute-either a scrivener's error or an overlooked loophole-is raising questions about whether citizens in certain states are eligible for the tax credits. This "quirk" could be a serious blow to an already contentious healthcare-reform …
Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation,
2013
Florida State University College of Law
Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern
Scholarly Publications
No abstract provided.
Exclusivity Without Patents: The New Frontier Of Fda Regulation For Genetic Materials,
2013
University of Baltimore School of Law
Exclusivity Without Patents: The New Frontier Of Fda Regulation For Genetic Materials, Gregory Dolin
All Faculty Scholarship
Over the last twenty years, the legal and scientific academic communities have been embroiled in a debate about the patent eligibility of genetic materials. The stakes for both sides could not be higher. On one hand are the potential multi-billion dollar profits on the fruits of research (from newly discovered genes), and on the other is scientists' ability to continue and expand research into the human genome to improve patients' access to affordable diagnostic and therapeutic modalities. This debate is currently pending before the Supreme Court, which is considering a petition for certiorari in Ass'n for Molecular Pathology v. U.S. …
Forgotten Fathers,
2013
University of Baltimore School of Law
Forgotten Fathers, Daniel L. Hatcher
All Faculty Scholarship
Poor fathers like John are largely forgotten, written off as a subset of the unworthy poor. These fathers struggle with poverty – often with near hopelessness – within multiple systems in which they are either entangled or overlooked, such as child-support and welfare programs, family courts, the criminal justice system, housing programs, and the healthcare, education, and foster-care systems. For these impoverished fathers, the “end of men” is often not simply a question for purposes of discussion but a fact that is all too real. In the instances in which poor fathers are not forgotten, they are targeted as causes …
With Liberty And Access For Some: The Aca's Disconnect For Women's Health,
2013
University of Kentucky College of Law
With Liberty And Access For Some: The Aca's Disconnect For Women's Health, Nicole Huberfeld
Law Faculty Scholarly Articles
This Article will scrutinize the separation of abortion from other aspects of women's health through the vehicle of the Patient Protection and Affordable Care Act (ACA). Part I will examine briefly why the fragmented nature of American healthcare has facilitated the separation of abortion from women's health, despite the fact that abortion is a medically necessary procedure for many women. To that end, this Part will explore the disjointed history of access to medicine juxtaposed against the strangely non-woman-centric nature of the fundamental rights at play in reproductive health. Part II will provide an overview of the ACA to explain …
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements,
2013
University of Richmond
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
Law Student Publications
In 2012, the federal government spawned an enormously divisive issue when it promulgated a regulation that requires certain employers to provide contraception coverage to their employees without cost-sharing. The mandate's supporters see it as an important step in expanding access to vital healthcare for women, whereas its detractors see it as an attempt by the government to force them into violating their deeply held religious beliefs. In a clash between values, the mandate favors access to contraception over the concerns of religious groups....Section II provides background information on the mandate and the convoluted process by which the Departments of Health …
The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production,
2013
Harvard University, Cambridge
The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production, Emily Broad Leib
Journal of Food Law & Policy
America is facing widespread problems with its food system, including environmental harms due to externalities from industrial farms; the increasing amount of "food _miles" traveled by the products that make up our daily meals; and the growing size and complexity of recent outbreaks of foodborne illnesses. Indeed, the entire system that covers the life cycle of food, through production, processing, distribution, consumption, and food waste management, is in crisis. One of the most disturbing of these well-documented problems with the industrial food system is the increase in rates of obesity and diet-related illnesses. Obesity rates in the U.S. have more …
The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study,
2013
American University, Washington, D.C.
The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley
Journal of Food Law & Policy
The "war on obesity" is now well into its second decade. What began as an effort to encourage medical doctors to screen and treat patients whose weight put them at risk for health problems has transformed into a much broader public health campaign to address the root causes of obesity. A growing number of state, territorial and local health departments are currently exploring new ways to promote healthy eating and physical activity. At the federal level, the U.S. Centers for Disease Control and Prevention (CDC) has made "nutrition, physical activity and obesity" a top priority.
Limiting “Sugary Drinks” To Reduce Obesity — Who Decides?,
2013
Boston University School of Law
Limiting “Sugary Drinks” To Reduce Obesity — Who Decides?, Wendy K. Mariner, George J. Annas
Faculty Scholarship
When a judge struck down the New York City Board of Health's partial ban on selling “sugary drinks” in containers of more than 16 fluid ounces, the reaction was swift. The Portion Cap Rule was widely viewed as a signature accomplishment of Mayor Michael Bloomberg's third term as the “public health mayor,” and he vowed to appeal, saying, “I've got to defend my children, and yours, and do what's right to save lives. Obesity kills.” But the question before the judge was not about the health risks posed by obesity or even the relationship between obesity and access to large …
Mining, Uranium,
2013
Purdue University
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
The Benefits Of Mortality Risk Reduction: Happiness Surveys Vs. The Value Of A Statistical Life,
2013
Vanderbilt University Law School
The Benefits Of Mortality Risk Reduction: Happiness Surveys Vs. The Value Of A Statistical Life, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these expected effects using estimates of the value of a statistical life (VSL), that is, the tradeoff rate between money and very small risks of death. This measure corresponds to BCA's theoretically appropriate benefits measure, which is society's willingness to pay for the risk reduction. Here, I will review the VSL approach, compare it to suggested alternatives that use happiness measures of well-being, and address some of the misunderstandings that …
Family And Medical Leave Act Of 1993 - A Practical Analysis,
2013
Pepperdine University
Family And Medical Leave Act Of 1993 - A Practical Analysis, Gerald L. Maatman Jr., Andrew J. Boling
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Fallacy Of Free Market Democracy: Marginalization Through Chilean Health Care And Education,
2013
Arcadia University
The Fallacy Of Free Market Democracy: Marginalization Through Chilean Health Care And Education, Robin L. Young
Senior Capstone Theses
This thesis examines how neoliberal policies implemented during Augusto Pinochet’s sixteen-year military regime in Chile have affected post-dictatorship democratization. It argues that democracy has been incomplete in Chile since the fall of Pinochet’s regime, due mainly to the three neoliberal policies of deregulation, decentralization, and decreased government funding. Through the detailed analysis of Chile’s health care and education systems, this thesis demonstrates how these neoliberal policies drastically changed social welfare practices in Chile during the 1980s, leading to extreme social inequality that has only continued to increase in the last thirty years. This social inequality, as well as the marginalization …
Workers Compensation: Presenting Medical Evidence In Heart Cases,
2013
Pepperdine University
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Case Of Baby Andrew,
2013
Pepperdine University
The Case Of Baby Andrew, Peter Singer, Helga Kuhse
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Remedies In The Field Of Toxic Torts,
2013
Pepperdine University
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T,
2013
Pepperdine University
Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lessons From Health Care Fraud Cases: Implications For Management Of Health Care Entities,
2013
Bryant University
Lessons From Health Care Fraud Cases: Implications For Management Of Health Care Entities, Haley Onofaro
Honors Projects in Accounting
Fraud has been a major issue all throughout the health care industry. There have been many cases around the world in relation to health care fraud. There are several laws now that do try to reduce the amount of healthcare fraud, but more changes could and should be made to reduce it even more. Four different cases that have occurred within the health care industry have be analyzed in this project. It looks at the positives and negatives of each company’s internal control structure and provides suggestions for how to improve these internal controls to prevent fraud from reoccurring in …
