Health Law and Policy Commons^™

Baldwin V. Sebelius - Appellants' Petition For En Banc Review, Steve Baldwin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Federal Health Care Reform: What’S Happening And Where Are We Going?, Anthony H. Szczygiel

Other Scholarship

No abstract provided.

Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes, Victoria Smith Apold, Jocelyn Downie

Articles, Book Chapters, & Popular Press

One of the phenomena associated with research is “incidental findings,” that is, unexpected findings made during the research, and outside the scope of the research, which have potential health importance. One underappreciated risk of incidental findings is the potential loss of the research subject's insurability; or if a research subject fails to disclose incidental findings when applying for insurance, the insurance contract may be voidable by the insurer. In this article, we seek to explain the insurability risks associated with incidental findings and to make recommendations for how researchers and research ethics committees should address the issue of disclosure of …

Virginia V. Sebelius - Scheduling Order, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

New Jersey Physicians V. President Of The United States - Appellants' Brief, New Jersey Physicians

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Oklahoma V. Sebelius - Original Complaint, State Of Oklahoma

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Can Congress Make You Buy Broccoli? And Why That's A Hard Question, Wendy K. Mariner, George J. Annas, Leonard H. Glantz

Faculty Scholarship

The continuing uncertainty over the constitutionality of the Affordable Care Act (ACA), illustrated by conflicting trial court rulings and scholarly commentaries, raises the question of why this constitutional question is so hard to answer. There are at least four reasons.

Liberty University V. Geithner - Brief For Appellants, Liberty University

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Pruitt V. Sebelius - U.S. Reply In Support Of Motion To Dismiss, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Pruitt V. Sebelius - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, E. Scott Pruitt

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Goudy-Bachman V. Hhs - Plaintiffs' Supplemental Brief In Opposition To Motion To Dismiss, Barbara Goudy-Bachman

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Schizophrenia Of Physician Extender Utilization, Thomas R. Mclean

Annals of Health Law and Life Sciences

The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate …

Goudy-Bachman V. Hhs - Plaintiffs' Brief In Opposition To Dismiss, Barbara Goudy-Bachman

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Governance And Biosecurity: Strengthening Security And Oversight Of The Nation's Biological Agent Laboratories, Michael Greenberger, Talley Kovacs, Marita Mike

Faculty Scholarship

Since the advent of the Anthrax attacks in the fall of 2001, the United States has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than bioterrorist acts themselves. Indeed, the …

Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn

Faculty Scholarship

No abstract provided.

Restoring Transparency To Automated Authority, Frank Pasquale

Faculty Scholarship

Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness.

However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of …

William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale

Faculty Scholarship

On April 26, 2011, the US Supreme Court will hear oral arguments in the Vermont data mining case, Sorrell v. IMS Health Inc. Respondents claim this is the most important commercial speech case in a decade. Petitioner (the State of Vermont) argues this is the most important medical privacy case since Whalen v. Roe.

The is an amicus brief supporting Vermont, written by law professors and submitted on behalf of the New England Journal of Medicine

Law & Health Care Newsletter, V. 18, No. 2, Spring 2011

Law & Health Care Newsletter

No abstract provided.