Health Law and Policy Commons^™

A Medical Malpractice Model For Developing Countries?, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …

Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson

Richmond Journal of Law and the Public Interest

This article surveys Virginia's initial foray into health care reform. This process began with the Virginia Health Reform Initiative, which had a significant presence in the Virginia 2011 General Assembly session. While the nascent health care reform efforts this session reflect only incremental steps, they are indicative of Virginia's direction and commitment to change. Such change, however, will carry great political and professional strife. This article highlights some examples of the challenges faced on the road to health care reform and discusses possible directions of future legislation in the Virginia General Assembly.

Bounty Hunters And Whistleblowers: Constitutional Concerns For False Claims Actions After Passage Of The Patient Protection And Affordable Care Act Of 2010, A.G. Harmon

Scholarly Articles

Recently, the False Claims Act (FCA) was amended by the Patient Protection and Affordable Care Act of 2010 (PPACA). In a five-word alteration, the PPACA has greatly expanded the reach of the statute, in terms of how a case must be proven, who has to prove it, and what circumstances, if any, will bar the proceeding from going forward." Additionally, new constitutional and policy concerns stem from the increased governmental discretion in deciding which suits can and cannot proceed.6 The problems resulting from the government's expanded discretion go to the very nature of qui tam actions themselves.

This article will …

The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith

Journal of Law and Health

Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the Reform …

Unshackling Addiction: A Public Health Approach To Drug Use During Pregnancy, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Drug Policy In Context: Rhetoric And Practice In The United States And The United Kingdom, Richard C. Boldt

Faculty Scholarship

The history of narcotics use and drug control in the U.S. before passage of the Harrison Act in 1914 is similar in important respects to that in the U.K. during the same period.  Although the two countries’ paths diverged significantly over the ensuing decades, there has been a convergence of sorts in recent years.  In the United States, the trend lines have moved from an active “war on drugs” in which criminal enforcement and punishment have been the primary rhetorical and practical instruments of policy to an evolving approach, at least at the federal level, characterized by a somewhat more …

Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand

Journal of Law and Health

This article first discusses the history and educational requirements of the Nurse Practitioner profession. It then discusses the policy reasons why Nurse Practitioners should, and do, play an important role in the country's health care delivery system. The core of the article deals with the legal issues surrounding the NP's scope of practice including the need for collaborative agreements with physicians, authority to prescribe drugs, and identification. Finally the article discusses how NPs fit into the health insurance scheme and their liability for malpractice.

Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig

Journal of Health Care Law and Policy

No abstract provided.

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

Journal of Health Care Law and Policy

No abstract provided.

State-Based Licensure Of Telemedicine: The Need For Uniformity But Not A National Scheme, Carl F. Ameringer

Journal of Health Care Law and Policy

No abstract provided.

Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman

Journal of Health Care Law and Policy

No abstract provided.

Improving Cancer Outcomes Through Strong Networks And Regulatory Frameworks: Lessons From The United States And The European Union, Louise G. Trubek, Thomas R. Oliver, Chih-Ming Liang, Matt Mokrohisky

Journal of Health Care Law and Policy

No abstract provided.

Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach

Journal of Health Care Law and Policy

No abstract provided.

Adolescent Decision Making: Reduced Culpability In The Criminal Justice System And Recognition Of Capability In Other Legal Contexts, Samantha Schad

Journal of Health Care Law and Policy

No abstract provided.

Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan

Journal of Health Care Law and Policy

No abstract provided.

Lessons From U.S. Trade With China: How To Use The World Trade Organization To Promote Public Health In Trade Relations With India, Lindsey Mccurdy

Journal of Health Care Law and Policy

No abstract provided.

The Vulnerabilities Of The Patient Protection And Affordable Care Act And The Tragedy Of Repeal, Susan A. Channick

Faculty Scholarship

No abstract provided.

End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schuklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila Mclean, Ross Upshur, Daniel Marc Weinstock

Reports & Public Policy Documents

This report on end-of-life decision-making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters: Chapter 1 reviews what is known about end-of-life care and opinions about assisted dying in Canada, Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death, Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada’s constitutional order, Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying …

Virginia V. Sebelius - Constitutional Law Professors Amicus Brief, Jack Balkin, Gillian E. Metzger, Trevor W. Morrison

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - U.S. Brief In Opposition To Certiorari Before Judgment, Kathleen Sebelius

Patient Protection and Affordable Care Act Litigation

No abstract provided.