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Full-Text Articles in Health Law and Policy

Hipaa's Privacy Rule And State Privacy Laws: Roadblocks To Medical Organizations' Self-Policing Expert Medical Testimony, Miles J. Zaremski, Douglas M. Belofsky Jan 2019

Hipaa's Privacy Rule And State Privacy Laws: Roadblocks To Medical Organizations' Self-Policing Expert Medical Testimony, Miles J. Zaremski, Douglas M. Belofsky

Alumni Publications

As part of the wave of medical malpractice reforms over the last several decades, efforts were initiated to ensure the reliability and credibility of expert witness opinion and testimony, which is the sine qua non of necessary proof for any such claim or lawsuit. Governing bodies of professional medical organizations and societies have crafted rules and regulations for their members that wish to provide expert medical witness testimony. Where such testimony does not conform to these organizations’ standards, sanctions can be levied, including membership expulsion. Such self-policing has found favor with courts.

Before sanctions are imposed, however, necessary administrative investigations ...


The Web Of Legal Protections For Participants In Genomic Research, Leslie E. Wolf, Erin Fuse Brown, Ryan Kerr, Genevieve Razick, Gregory Tanner, Brett Duvall, Sakinah Jones, Jack Brackney, Tatiana Posada Jan 2019

The Web Of Legal Protections For Participants In Genomic Research, Leslie E. Wolf, Erin Fuse Brown, Ryan Kerr, Genevieve Razick, Gregory Tanner, Brett Duvall, Sakinah Jones, Jack Brackney, Tatiana Posada

Health Matrix: The Journal of Law-Medicine

The identification and arrest of the Golden State Killer using DNA uploaded to an ancestry database occurred shortly before recruitment for the National Institutes of Health’s (NIH) All of Us Study commenced, with a goal of enrolling and collecting DNA, health, and lifestyle information from one million Americans. It also highlighted the need to ensure prospective research participants that their confidentiality will be protected and their materials used appropriately. But there are questions about how well current law protects against these privacy risks. This article is the first to consider comprehensively and simultaneously all the federal and state laws ...


Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler Jan 2019

Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler

Health Matrix: The Journal of Law-Medicine

Several features of the existing occupational licensing system impede access to health care without providing appreciable protections for patients. Licensing restrictions prevent health care providers from offering services to the full extent of their competency, obstruct the adoption of telehealth, and deter foreign-trained providers from practicing in the United States. Scholars and policymakers have proposed a number of reforms to this system over the years, but these proposals have had a limited impact for political and institutional reasons.

Still, there are grounds for optimism. In recent years, the federal government has taken a range of initial steps to reform licensing ...


Invented Purposes And Blue Sky Predictions: Why The Trump Administration Cannot Win The Medicaid Work Experiment Cases, Sara Rosenbaum Jan 2019

Invented Purposes And Blue Sky Predictions: Why The Trump Administration Cannot Win The Medicaid Work Experiment Cases, Sara Rosenbaum

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Last Hope: How Starting Over Could Save Private Long-Term Care Insurance, Jalayne J. Arias Jan 2019

The Last Hope: How Starting Over Could Save Private Long-Term Care Insurance, Jalayne J. Arias

Health Matrix: The Journal of Law-Medicine

No abstract provided.


High Times Ahead: Products Liability In Medical Marijuana, Steven B. Perlmutter Jan 2019

High Times Ahead: Products Liability In Medical Marijuana, Steven B. Perlmutter

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Solving The Uncertainty: Why The Hipaa Privacy Rule Fails To Appropriately Address Disclosures Of Psychotherapy Notes Of Deceased Patients, Elizabeth Burnett Jan 2019

Solving The Uncertainty: Why The Hipaa Privacy Rule Fails To Appropriately Address Disclosures Of Psychotherapy Notes Of Deceased Patients, Elizabeth Burnett

Health Matrix: The Journal of Law-Medicine

No abstract provided.


How Failure To Protect Laws Punish The Vulnerable, Amanda Mahoney Jan 2019

How Failure To Protect Laws Punish The Vulnerable, Amanda Mahoney

Health Matrix: The Journal of Law-Medicine

No abstract provided.


50 Shades Of Data Sharing: How A Uniform Fifty-State Prescription Drug Monitoring Program Can Restore Discretion To Opioid Prescribers And Autonomy To Chronic Pain Patients, Allyson Cady Jan 2019

50 Shades Of Data Sharing: How A Uniform Fifty-State Prescription Drug Monitoring Program Can Restore Discretion To Opioid Prescribers And Autonomy To Chronic Pain Patients, Allyson Cady

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Portable Medical Order Sets (Polst®): Ethical And Legal Landscape, Sharona Hoffman Jan 2019

Portable Medical Order Sets (Polst®): Ethical And Legal Landscape, Sharona Hoffman

Faculty Publications

Anyone who has observed the dying of a loved one or who has thought about medical care in the final months of life may be concerned about end-of-life care. How can individuals ensure that their care fits their needs and preferences if they cannot express these because of dementia, confusion, or other frailties? Some worry that they will receive care that is painful and aggressive in the last stages of disease even though they would prefer comfort care only. By contrast, others worry that physicians will withhold therapeutic care because they assume that such care is unwanted by patients who ...


Masthead, Volume 29 (2019) Jan 2019

Masthead, Volume 29 (2019)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 29 (2019), Health Matrix Jan 2019

Volume 29 (2019), Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Liability (And) Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk Jan 2019

Liability (And) Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk

Health Matrix: The Journal of Law-Medicine

The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. Instead, we propose that research using individual health data should be subject to a regulatory regime, enforceable by government/public repositories, while at the same time permitting private enforcement actions to address particularized individual injury. Thus, while the physical ...


Experience Is Treacherous: An Intimate View Of The Physician's Experience Of Adverse Patient Outcomes And Malpractice Litigation, M. Stacia Dearmin Jan 2019

Experience Is Treacherous: An Intimate View Of The Physician's Experience Of Adverse Patient Outcomes And Malpractice Litigation, M. Stacia Dearmin

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Robbing The Grave: Amending The Uniform Anatomical Gift Act To Curtail Abuses Within The Whole-Body Donation Industry, Andrew Y. Schiefer Jan 2019

Robbing The Grave: Amending The Uniform Anatomical Gift Act To Curtail Abuses Within The Whole-Body Donation Industry, Andrew Y. Schiefer

Health Matrix: The Journal of Law-Medicine

No abstract provided.


What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman Jan 2019

What Genetic Testing Teaches About Long-Term Predictive Health Analytics Regulation, Sharona Hoffman

Faculty Publications

The ever-growing phenomenon of predictive health analytics is generating significant excitement, hope for improved health outcomes, and potential for new revenues. Researchers are developing algorithms to predict suicide, heart disease, stroke, diabetes, cognitive decline, future opioid abuse, and other ailments. The researchers include not only medical experts, but also commercial enterprises such as Facebook and LexisNexis, who may profit from the work considerably. This Article focuses on long-term disease predictions (predictions regarding future illnesses), which have received surprisingly little attention in the legal and ethical literature. It compares the robust academic and policy debates and legal interventions that followed the ...


Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski Jan 2018

Shining City On A Hill At The Edge Of Tomorrow: Crispr-Cas9, Dickey-Wicker, And The Inner Space Race, Zachary A. Zalewski

Health Matrix: The Journal of Law-Medicine

The article highlights federal government funding of Targeted Genomic Editing (TGE) experimentation on human embryos, and recommends additional funding to accelerate scientific development and inquiry. Topics discussed include background of TGE, emphasizing CRISPR-Cas9 technology; risk of an emerging knowledge gap in this field; and legitimate concerns about what kinds of research are in the public and national interest.


Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan Jan 2018

Different But Same: A Call For A Joint Pro-Active Regulation Of Cross-Border Egg And Surrogacy Markets, Sharon Bassan

Health Matrix: The Journal of Law-Medicine

The article examines the need of a pro-active regulation of cross-border egg and surrogacy markets. Topics discussed include ways to regulate surrogacy market failures; conduct of both cross-border markets and the main failures that raise the need for regulation in each market; and minimalistic and a pro-active approach to regulate the markets.


Examining Nontherapeutic Circumcision, Stephen R. Munzer Jan 2018

Examining Nontherapeutic Circumcision, Stephen R. Munzer

Health Matrix: The Journal of Law-Medicine

The article argues that male minors have a moral anticipatory right-in-trust not to be circumcised without a medical indication. Topics discussed include ethical, political, and intellectual persuasions of children's rights, parental rights, religious freedom; moral implications to circumcise male minors without a medical indication; and moral rights of male minors


Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick Jan 2018

Countering Pay-For-Performance's Unintended Consequences By Rethinking The Physician's Duty To Disclose, Mariah Dick

Health Matrix: The Journal of Law-Medicine

The article highlights the features of the U.S. Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and identify those attributes that make it vulnerable to the same types of unintended behaviors that have plagued pay-for-performance models in other industries. Topics discussed include unintended consequences associated with pay-for-performance in non-health care industries; physician disclosure standards; and need of laws for patient-centered care and patient autonomy.


Health Care Held Ransom: Modifications To Data Breach Security & The Future Of Health Care Privacy Protection, Ryan M. Krisby Jan 2018

Health Care Held Ransom: Modifications To Data Breach Security & The Future Of Health Care Privacy Protection, Ryan M. Krisby

Health Matrix: The Journal of Law-Medicine

The article highlights the need of modification in the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), as the federal data breach security regulation fails to adequately protect patient data. Topics discussed include data breach security under HIPAA; need of modifications that address these inadequacies concerning ransomware; and actions by the U.S. Federal Trade Commission to provide an impetus for healthcare organizations to carry out data security modifications.


Needles, Haystacks, And Next-Generation Genetic Sequencing, Teneille R. Brown Jan 2018

Needles, Haystacks, And Next-Generation Genetic Sequencing, Teneille R. Brown

Health Matrix: The Journal of Law-Medicine

Genetic testing is becoming more frequent and the results more complex. Not infrequently, genetic testing conducted for one purpose reveals information about other features of the genome that may be of clinical significance. These unintended findings have been referred to as "incidental" or "secondary" findings. In 2013, the American College of Medical Genetics ("ACMG") recommended that clinical laboratories inform people if their genetic analyses indicate that they have certain secondary mutations. These mutations were selected because they probably cause a serious disease, which is treatable, and may go undetected. The ACMG's recommendations galvanized critical responses by the genetics and ...


Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah Jan 2018

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Health Matrix: The Journal of Law-Medicine

The article discusses how bioethics education integrates ideas from ethics, law, science, and public policy with the goal of solving problems associated with the delivery of medical care. Topics discussed include Torts and various health law courses; American legal education's multi-tiered approach to teach students about law; and role of empathy and humility in the teaching and practice of law.


The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley Jan 2018

The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley

Health Matrix: The Journal of Law-Medicine

The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never ...


The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov Jan 2018

The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov

Health Matrix: The Journal of Law-Medicine

The article discusses how regulation is vital to protect the small proportion of the population that will develop schizophrenia from marijuana use. Topics discussed include marijuana's effects on a user's psyche; triggers and symptoms of schizophrenia; and need to legalize marijuana for people who are at least twenty-five years old or who have been cleared by a psychologist.


Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman Jan 2018

Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman

Faculty Publications

The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.

The Article explores the strengths and weaknesses of step therapy ...


Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore Jan 2018

Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore

Health Matrix: The Journal of Law-Medicine

In the U.S., one out of eight practicing physicians is older than sixty-five, and many practice well into their seventies. Many commentators and healthcare organizations, concerned that aging physicians are at risk for cognitive impairment, have urged, or actually instituted, cognitive "screening" for older physicians as a means to ensure patient safety. An age-based screening program, however, should not proceed unless supported by clear evidence and not prohibited by law. This article argues that neither of these conditions applies. Singling out all older physicians for cognitive testing is empirically unjustified and legally prohibited. Furthermore, there are other means to ...


Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan Jan 2018

Witch Doctors, Zombies, And Oracles: Rethinking Health In America, Ali S. Khan

Health Matrix: The Journal of Law-Medicine

To the extent we can even refer to an American healthcare "system," it functions brilliantly ... to make money. The system is designed to reward executives or major shareholders of pharmaceutical & health insurance companies, healthcare facilities, and related entities. With a rapidly aging population, healthcare will soon surpass a fifth of our economy. Of course, the American healthcare system does not function brilliantly when one considers the perspective of patients and over-extended primary care providers. Prices are growing faster than inflation or wages, healthcare is twice as costly as other comparable nations, and one third is a result of waste, fraud ...


Health Matrix, 2018 Jan 2018

Health Matrix, 2018

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 28 (2018) Jan 2018

Masthead, Volume 28 (2018)

Health Matrix: The Journal of Law-Medicine

No abstract provided.