Health Law and Policy Commons^™

When Oil Attacks: Litigation Options For Nigerian Plaintiffs In U.S. Federal Courts, Lauren Mccaskill

Health Matrix: The Journal of Law-Medicine

No abstract provided.

New Technologies, New Challenges: Women And Prenatal Genetic Testing In The 21st Century -- Women And Prenatal Genetic Testing In The 21st Century, Ruth M. Farrell

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 23 Issue 2 (2013)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Good, The Bad, And The Ugly: The Unnecessarily Broad Impact Of Qui Tam Civil False Claims Act Cases On Rural Health Care Providers, Andrew M. Hyer

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Information Overload: How The Wisconsin Supreme Court Expanded The Doctrine Of Informed Consent, 46 J. Marshall L. Rev. 1097 (2013), Michael Rohde

UIC Law Review

No abstract provided.

Protection For Psychotherapy Notes Under The Hipaa Privacy Rule: As Private As A Hospital Gown, Stephanie O. Corley

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Law Faculty Scholarly Articles

Until the 2011 Term, no Supreme Court decision since the New Deal had struck down an act of Congress as exceeding the federal spending power. The question of unconstitutionally coercive conditions was also novel. Indeed, no federal court had ever found any legislation to be an unconstitutionally coercive exercise of the spending power until the Court decided National Federation of Independent Business v. Sebelius (NFIB) on June 28, 2012. This Article proceeds as follows: Part I discusses the Affordable Care Act's Medicaid expansion in the context of the history and purpose of the Medicaid Act, paying particular attention to facts …

Profile Of Alcohol And Drug Indicators For Hillsborough County, Florida, Kathleen A. Moore, M. Scott Young, Ellen Snelling

Mental Health Law & Policy Faculty Publications

Alcohol has the highest prevalence of use of any substance in Hillsborough County and throughout the nation. In 2011, Hillsborough County ranked first among all counties in alcohol-related fatalities. Although Hillsborough County DUI arrests decreased in 2011, Hillsborough still had more DUI arrests than any other Florida county. To address these concerns, the Hillsborough County Anti Drug Alliance (HCADA) and the Tampa Alcohol Coalition (TAC) have continued to support: DUI law enforcement operations, The Hillsborough County Sheriff’s Alcohol Vendor Enforcement program (SAVE), DUI Counterattack, DUI media coverage, alcohol awareness programs, improved alcohol policies and community coalitions’ collaborative efforts to reduce …

National Federation Of Independent Business V. Sebelius: The Misguided Application And Perpetuation Of An Amorphous Coercion Theory, Megan Ix

Maryland Law Review

No abstract provided.

Federalism By Waiver After The Health Care Case, Samuel Bagenstos

Book Chapters

The Supreme Court's Spending Clause holding in National Federation of Independent Businesses v. Sebelius (NFIB) is likely to be consequential for many reasons. It will have a direct effect on the implementation of the Affordable Care Act (ACA), which relied on the expansion of Medicaid-now made voluntary by the Court-to obtain health care coverage for more than fifteen million previously uninsured people. At this writing, it remains unclear how many states will participate in the expansion. The Congressional Budget Office recently estimated that, as a result of the Court's decision, three million fewer people will obtain new Medicaid coverage under …

The Use And Misuse Of Biomedical Data: Is Bigger Really Better?”, Sharona Hoffman, Andy Podgurski

Faculty Publications

Very large biomedical research databases, containing electronic health records (HER) and genomic data from millions of patients, have been heralded recently for their potential to accelerate scientific discovery and produce dramatic improvements in medical treatments. Research enabled by these databases may also lead to profound changes in law, regulation, social policy, and even litigation strategies. Yet, is “big data” necessarily better data?

This paper makes an original contribution to the legal literature by focusing on what can go wrong in the process of biomedical database research and what precautions are necessary to avoid critical mistakes. We address three main reasons …

The Psychology Of Mediation, David A. Hoffman, Richard N. Wolman

Cardozo Journal of Conflict Resolution

The purpose of this article is to provide an overview and summary of a broad range of psychological phenomena and examine their application to mediation. Our goal is to provide mediators-as well as the lawyers and disputants who use mediation-with a guide to navigating the powerful psychological and emotional currents that flow through the mediation process.

Getting Paid In Probate Court., Robert J. Augsburger

St. Mary's Law Journal

After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …

Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford [email protected]

Articles

In an effort to rein in health care costs, states have focused on non-emergent use of the Emergency Department (ED) by people with Medicaid coverage, although this is an issue that cuts across payor groups. Particularly in light of the Affordable Care Act insurance expansions, I argue for a system-based approach that views ER overutilization as less a reflection of poor judgment on the part of patients and more a consequence of poor access to primary care and poor systems for managing the complex circumstances of high utilizers. I describe a state program of seven “best practices,” and argue that …

Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover

Journal of Business & Technology Law

No abstract provided.

Executives Should Think Twice Before Accepting Pleas 'Relating To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman

Student Articles and Papers

No abstract provided.

Policy Evaluation Of Hillsborough County’S Family Dependency Treatment Court, Shawn M. Martin, Kathleen A. Moore

Mental Health Law & Policy Faculty Publications

Child abuse and neglect is a troubling issue all too familiar with courts in the United States. The problem becomes even more complicated when substance abuse is involved. In 2004, approximately 500,000 children were removed from their homes because of abuse and neglect issues1. In the past few years, a judicial model appeared to address both substance abuse and child dependency issues. This model, entitled Family Dependency Treatment Court (FDTC) enables the court to mandate treatment for parents and make reunification dependent on treatment compliance. The FDTC program in Hillsborough County, Florida is now in its second year and has …

Baker Act Receiving Facility Staff Perceptions Of Community Services, Steve Roggenbaum, Annette Christy, Mary R. Murrin

Mental Health Law & Policy Faculty Publications

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Looking Back And Looking Forward: Celebrating Anniversaries By Anticipating The Implementation Of The Affordable Care Act, Sandra H. Johnson

Saint Louis University Journal of Health Law & Policy

No abstract provided.