Health Law and Policy Commons^™

Kinder V. Geithner - District Court Opinion Dismissing Complaint, United States District Court For The Eastern District Of Missouri

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Placebos: Ethical Research Or Unethical Deceit, Tawnya Schirmeister, Sabrina Crilley

Festival of Communities: UG Symposium (Posters)

There is an ongoing debate between whether or not it is ethical for researchers to use placebos while studying terminal illnesses. Within this debate there are two parties, the party that believes that it is ethical and the party that believes that it is not. Both parties have many valid points and have very detailed arguments against one another. When determining whether or not the use of placebos is ethical or not, you must first understand what a placebo is, and what the different types are. This paper goes over what a placebo is, what the different types are, and …

Using Placebos In Research Involving Terminal Illnesses, Mark Day, Ryan Hicks

Festival of Communities: UG Symposium (Posters)

Placebos are medical interventions that falsely lead patients to believe that they are receiving treatment and that their condition is being changed, when truly no specific treatment is being administered. Using placebos in research involving terminal illnesses has become debatable. While a placebo could potentially give way to new treatments, through testing alongside a specific drug in a clinical trial, the placebo itself may fail and the patient is not cured leading to possible fatality. It has been found that using placebos in research, like performing surgeries, can aid in medical or clinical research and could help our society financially …

U.S. Citizens Ass'n V. Sebelius - Brief Of Appellants, U.S. Citizens Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang

University of Michigan Journal of Law Reform

Organ transplant candidates are often denied life saving organs on account of their medical marijuana drug use. Individuals who smoke medicinal marijuana are typically classified as substance abusers, and ultimately deemed ineligible for transplantation, despite their receipt of the drug under a physician's supervision and prescription. However, patients who smoke cigarettes or engage in excessive alcohol consumption are routinely considered for placement on the national organ transplant waiting list. Transplant facilities have the freedom to regulate patient selection criteria with minimal oversight. As a result, the current organ allocation system in the United States is rife with inconsistencies and results …

Virginia V. Sebelius - Association Of American Physicians And Surgeons Amicus Brief, Association Of American Physicians And Surgeons

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Cato Institute Amicus Brief, Cato Institute

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Justice And Freedom Fund Amicus Brief, Justice And Freedom Fund

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Washington Legal Foundation Amicus Brief, Ilya Somin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Getting Past The Politics: How The Healthcare Reform Affects You, Fazal Khan, Sylvia Caley, David Howard, Glenn Pearson

Working in the Public Interest Conferences

Discusses the anticipated implications of the Patient Protection and Affordable Care Act on Georgia residents with particular focus on specific demographic groups.

Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Health Law Outlook - Volume 4, Issue 2 (Spring 2011)

Health Law Outlook (archive)

Inside this issue:

• Smoke Free NYC: New Trends in Public and Private Smoking Restrictions, Matthew McKennan
• Bullying as a Public Health Concern: A Look at New Jersey’s Anti-Bullying Bill of Rights, Brandon Wolff
• Special Feature The Patient Protection and Affordable Care Act: The Road to the Supreme Court
• Prescription Drug Monitoring Programs: A Discussion of Potential Practitioner Liability, Ashley Abraham
• Mandating the HPV Vaccine for School-Age Children: Considering the Debate Five Years Later, Regina Ram

Causing Infringement, Mark Bartholomew, Patrick F. Mcardle

Vanderbilt Law Review

In its most recent contributory infringement pronouncement, the Supreme Court advised courts wrestling with these issues to consult tort law's own contributory liability framework, which it described as "well established."31 The conventional wisdom among legal scholars agrees with the Court. Most scholarship in this area contends that obeisance to traditional tort law principles of contributory liability will fill the void in infringement law with answers that are adequately calibrated to the balance between incentivizing creation and permitting downstream use. This Article challenges that conventional wisdom. Although we agree that tort law can shed some much-needed light on contributory infringement, we …

Florida V. Hhs - Brief For Appellants, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Finding A Cure In The Courts: A Private Right Of Action For Disparate Impact In Health Care, Sarah G. Steege

Michigan Journal of Race and Law

There is no comprehensive civil rights statute in health care comparable to the Fair Housing Act, Title VII, and similar laws that have made other aspects of society more equal. After Congress passed the Civil Rights Act of 1964, Title VI served this purpose for suits based on race, color, and national origin for almost four decades. Since the Supreme Court's 2001 ruling in Alexander v. Sandoval, however, there has been no private right of action for disparate impact claims under Title VI, and civil rights enforcement in health care has suffered as a result. Congress has passed new legislation …

The Bell Is Tolling: Retiree Health Benefits Post-Health Reform, Susan E. Cancelosi

Law Faculty Research Publications

Millions of retirees rely each year on employment-based health insurance to pay for medical expenses not covered by Medicare. Employment-based health insurance is often the only reasonable means by which early retirees can obtain health insurance coverage because of the exorbitant costs associated with purchasing individual insurance. As the costs of providing health insurance and medical care have skyrocketed, fewer and fewer employers continue to provide retiree health insurance coverage to their employees, and those that do shift much of the cost to the retirees themselves. Within this context Professor Cancelosi examines the future of employment-based retiree health benefits in …

The Positive Case For Centralization In Health Care Regulation: The Federalism Failures Of The Aca, Abigail R. Moncrieff, Eric Lee

Law Faculty Articles and Essays

Although the ACA accomplishes significantly greater centralization of authority for healthcare regulation, it falls far short of the full centralization that seems functionally justified. There is no doubt that the states have played an important role in healthcare regulation throughout the nation's history, but that role is becoming increasingly irrelevant as healthcare regulation becomes increasingly technocratic—i.e., increasingly objectivist and data-driven. The ACA is a step in the right direction, but the U.S. should further centralize authority over healthcare.

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Cardozo Journal of International and Comparative Law

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …

Cooperation, Commandeering, Or Crowding Out?: Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler

Faculty Publications

This Article's analysis proceeds in three parts. Part II of this article outlines the policy considerations in determining the proper federal and state balance in health care policy. There are strong arguments for state primacy in health care policy, but also substantial justifications for federal intervention. Part III discusses the concept of "cooperative federalism," under which the federal government encourages state governments to implement policies in accord with federal priorities, and identifies constitutional limitations on the federal government's ability to direct or even influence state policy choices. Even if the constitutional challenges to the individual mandate fails, federalism-based challenges to …

Implementing Health Reform At The State Level: Access And Care For Vulnerable Populations, John V. Jacobi, Sidney D. Watson, Robert Restuccia

All Faculty Scholarship

The Affordable Care Act¹ (ACA) promises to improve access to coverage and care for two vulnerable groups: low-income persons who are excluded by a lack of resources and chronically ill and disabled people who are excluded by the dysfunction of our existing insurance and care delivery systems. ACA’s sprawling provisions raise a wealth of implementation challenges that are exacerbated by the compromises required to move reform through Congress. In particular, the compromise between regulatory/public program advocates and advocates for private, market-driven programs requires thoughtful regulatory coordination between public and private health systems.

The anticipated increase in coverage is roughly …