Health Equity, Healthy People 2020, And Coercive Legal Mechanisms As Necessary For The Achievement Of Both,
2012
University of the Pacific, McGeorge School of Law
Health Equity, Healthy People 2020, And Coercive Legal Mechanisms As Necessary For The Achievement Of Both, Emily Whelan Parento
McGeorge School of Law Scholarly Articles
Principles of health equity require that all people have equal opportunity to develop and maintain their health, yet in the face of widespread and presumptively inequitable health disparities, the law has done little. This paper argues that health equity demands the use of coercive legal mechanisms in certain circumstances given the existence of current disparities and the evidence of effectiveness of direct regulation as compared to its alternatives. Moreover, the paper argues that Healthy People 2020, which is the nation's “master blueprint for health” and explicitly seeks to achieve health equity, has not fully incorporated the principles of health equity …
Will Contests: From Start To Finish.,
2012
St. Mary's University
Will Contests: From Start To Finish., Joyce Moore
St. Mary's Law Journal
This Article primarily focuses on the practical problems facing attorneys and courts when evaluating and proving up a will or trust in contested cases. The focus extends further into the special procedural and evidentiary rules applicable to these actions, the use and misuse of summary judgment proceedings in these cases, and some observations regarding developing trends and strategies in will and trust contest litigation. Admittedly, this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues. Yet, attorneys must diligently juggle all of them while also …
Teaching Health Law In Rural Ethiopia: Using A Pepfar Partnership Framework And India's Shanbaug Decision To Shape A Course,
2012
Unversity of Washington School of Law
Teaching Health Law In Rural Ethiopia: Using A Pepfar Partnership Framework And India's Shanbaug Decision To Shape A Course, Sallie Thieme Sanford [email protected]
Articles
In April 2011, I taught a month-long intensive health law course at Haramaya University College of Law in rural eastern Ethiopia. Given the burgeoning interest in global health law, I suspect, and hope, that others are considering teaching similar courses, whether as visiting or resident faculty. This essay attempts to ease their course preparation workload. I will describe how I used two recent documents – India’s 2011 Shanbaug decision and Ethiopia’s 2010 PEPFAR Partnership Framework – to shape the course. Both of these are worth consideration for use in a variety of health law and policy courses based in low-income …
Designing Model Homes For The Changing Medical Neighborhood: A Multi-Player Pilot Offers Lessons For Aco And Pcmh Construction,
2012
Unversity of Washington School of Law
Designing Model Homes For The Changing Medical Neighborhood: A Multi-Player Pilot Offers Lessons For Aco And Pcmh Construction, Sallie Thieme Sanford [email protected]
Articles
This Article first describes the ingrained construction incentives in our current health care system and the challenges they present. The Article then turns to key innovations to address these challenges, with a particular focus on accountable care and medical homes. Next, the Article considers the early spec houses" that provide the model for the PCMHs under development throughout the country. Then, the Article focuses on the design and finance features of Washington's ongoing pilot. Finally, the Article concludes with thoughts on a series of questions raised by this pilot and others like it. Ultimately, what medical home designs are best …
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012),
2012
John Marshall Law School
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage).
But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law,
2012
University of Oklahoma College of Law
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Faculty Articles
This article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts. This second …
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits,
2012
University of Oklahoma College of Law
Further Support For Mental Health Parity Law And Mandatory Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Faculty Articles
In this Article, I provide additional support for my recent proposal (All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Harvard Journal on Legislation, Vol. 49, forthcoming 2012.) to extend federal mental health parity law and mandatory mental health and substance use disorder benefits to all public healthcare program beneficiaries and private health plan members. I begin by examining health-related doctrine outside the context of mental health insurance law, including disability discrimination law, civil rights and human rights law, health information confidentiality law, healthcare reform law, and child and adult health and welfare law, and …
Masthead,
2012
Saint Louis University School of Law
Drug-Drug Interaction Warnings As Technological Iatrogenesis,
2012
Indiana University, Robert H. McKinney School of Law
Drug-Drug Interaction Warnings As Technological Iatrogenesis, Nicolas P. Terry
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support,
2012
RAND Corporation
Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support, M. Susan Ridgely, Michael D. Greenberg
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Drug-Drug Interaction Alerts: Emphasizing The Evidence,
2012
Case Western Reserve University School of Law
Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Marginal Utility Of Marginal Guidance: Commentary On Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support By M. Susan Ridgely And Michael D. Greenberg,
2012
Saint Louis University School of Law
The Marginal Utility Of Marginal Guidance: Commentary On Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support By M. Susan Ridgely And Michael D. Greenberg, Ross Koppel
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Clinical Decision Support And The Law: The Big Picture,
2012
Brigham and Women's Hospital, Division of General Internal Medicine and Primary Care
Clinical Decision Support And The Law: The Big Picture, David W. Bates
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Addressing Liability And Clinical Decision Support: A Federal Government Role,
2012
Office of the National Coordinator for Health Information Technology
Addressing Liability And Clinical Decision Support: A Federal Government Role, Jodi G. Daniel
Saint Louis University Journal of Health Law & Policy
No abstract provided.
On Optimizing Ddi Alerts And Liability Under Cds: The Authors Respond,
2012
RAND Corporation
On Optimizing Ddi Alerts And Liability Under Cds: The Authors Respond, Michael D. Greenberg, M. Susan Ridgely
Saint Louis University Journal of Health Law & Policy
No abstract provided.
To The Front Of The Line: Spurring Biotech Collaboration Through Patent Fast-Track Examination Vouchers,
2012
Saint Louis University School of Law
To The Front Of The Line: Spurring Biotech Collaboration Through Patent Fast-Track Examination Vouchers, Scott E. Yackey
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Table Of Contents,
2012
Saint Louis University School of Law
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Masthead,
2012
Saint Louis University School of Law
Foreword,
2012
Saint Louis University School of Law
Foreword, Jesse A. Goldner
Saint Louis University Journal of Health Law & Policy
No abstract provided.
How The Government Created And Sustains The Private Pharmaceutical Industry,
2012
Drexel University Earle Mack School of Law
How The Government Created And Sustains The Private Pharmaceutical Industry, Robert I. Field
Saint Louis University Journal of Health Law & Policy
No abstract provided.
