Health Law and Policy Commons^™

Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah

Law & Economics Working Papers

This paper addresses three questions: 1. Is regulation a legitimate goal for taxation? 2. Which tax is best suited for regulation? 3. Would it be better to allocate just one goal per tax among the major taxes (individual and corporate income tax and VAT)? It then analyzes the proposed bank tax and the enacted health care tax as regulatory taxes, and concludes that the first is desirable (as is a carbon tax) but the second is not.

Governmental Public Health: An Overview Of State And Local Public Health Agencies, Eileen Salinsky

National Health Policy Forum

The Patient Protection and Affordable Care Act significantly expands federal support for community prevention and public health. This paper describes the governmental public health infrastructure at both the state and local level in terms of organizational structure, activities, financing, workforce, partnerships, and performance improvement efforts.

Coons V. Geithner - Original Complaint, Nick Coons

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Seven-Sky V. Holder - U.S. Motion To Dismiss, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Sissel V. Hhs - Original Complaint, Matt Sissel

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Medicare Physician Fees: The Data Behind The Numbers, Laura A. Dummit

National Health Policy Forum

Medicare’s physician fee schedule distributes nearly $60 billion annually and is a critical determinant of individual physicians’ incomes, beneficiaries' access to health care services, and Medicare spending, as well as the basis for physician fees used by many private payers. The Centers for Medicare & Medicaid Services (CMS) relies on data derived from expert judgment and other sources to update the fee schedule. Although CMS’s methods and data for maintaining the fee schedule have improved over the years, concerns remain about medical specialty society involvement and the lack of an effective ”counterweight” to vested interests in establishing and updating the …

A Conflict By Any Other Name Would Smell As Foul: A Comment On The Appointment Of A Vice-President Of Pfizer To The Cihr Governing Council, Jocelyn Downie

Articles, Book Chapters, & Popular Press

If one had to pick the pharmaceutical company most associated with unethical and illegal conduct this past year, it would likely be Pfizer. So it seems reasonable to respond with disbelief and outrage to the federal government’s October 5, 2009 appointment of Dr. Bernard Prigent – Vice President, Medical Director and registered lobbyist for Pfizer Canada – to the Canadian Institutes of Health Research Governing Council (CIHR GC). This is the body that sets the strategic direction for most federally funded health research in Canada. A senior executive from a for-profit pharmaceutical company should not be given a seat at …

Kinder V. Geithner - Original Complaint, Peter Kinder

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Tapping The Potential Of The Health Care Workforce: Scope-Of-Practice And Payment Policies For Advanced Practice Nurses And Physician Assistants, Robert Cunningham

National Health Policy Forum

Expanding coverage and increasing delivery of team-based care are likely to entail a growing role in the
health system for advanced practice nurses (APNs), physician assistants (PAs), and other nonphysician clinicians. These professions have already grown rapidly and have increased access to primary and specialty care, especially in rural and other underserved areas. This background paper provides an overview of the role of APNs and PAs. It reviews the primary features of the training and credentialing of these health professions, including the impact of public policies and market forces on their growth and deployment. It describes variations in state scope-of-practice …

Seven-Sky V. Holder - Amended Complaint, Susan Seven-Sky

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Newsletter, Summer & Fall 2010

Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie

University of Arkansas at Little Rock Law Review

No abstract provided.

Unshackling Shawanna: The Battle Over Chaining Women Prisoners During Labor And Delivery, Elizabeth Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.

Who's Responsible For This? The Globalization Of Healthcare In Developing Countries, Joshua P. Reading

Indiana Journal of Global Legal Studies

One aspect of globalization in the developed world is the privatization of services once provided by government. This trend is also arising in developing countries, albeit for different reasons, and an area where this privatization is occurring is healthcare. Despite this privatization, the standard of healthcare in many developing countries is unacceptably low. This Note provides an analysis of this phenomenon in one country-Pakistan, a developing country that has increasingly come to rely on private providers, nongovernmental organizations, and international relief groups for the provision of healthcare-in order to draw conclusions that can be applied elsewhere. While this privatization does …

Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Salama, Daniel Benoliel

Cardozo Journal of International and Comparative Law

In the backdrop of the strict patent regime flatly adopted by the World Trade Organization (WTO) for all countries, a few countries constantly challenge this system through aggressive patent bargains. Within the pharmaceutical sector, noticeably, some countries now threaten to issue or otherwise actually issue compulsory licenses that may sway large pharmaceutical companies into selling drugs with large discounts or into granting voluntary licenses domestically. That is conspicuously the negotiation strategy adopted by Brazil in its negotiations with big international pharmaceutical companies.

This paper explains Brazil's aggressive bargaining approach based on an analysis of two aspects of its political economy. …

The Hydra, Carl E. Schneider

Articles

Almost nobody favors long consent forms for prospective research subjects. Almost everybody thinks they interfere with informed consent's purpose-good decisions. Nevertheless, almost everybody believes consent forms have long been getting longer. Years ago, Paul Appelbaum lamented the "tendency to cram ever more information into consent forms." Weeks ago, Ilene Albala and her colleagues (one of them Appelbaum) reported in IRE: Ethics & Human Research that the length of one institutional review board's forms "increased roughly linearly by an average of 1.5 pages per decade. In the 1970s, the average consent form was less than one page long and often only …