Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Health Law and Policy

Whose Genome Is It Anyway?: Re-Identification And Privacy Protection In Public And Participatory Genomics, Sejin Ahn Sep 2015

Whose Genome Is It Anyway?: Re-Identification And Privacy Protection In Public And Participatory Genomics, Sejin Ahn

San Diego Law Review

This Comment advocates for a comprehensive solution to achieve the balance between privacy rights and availability of information. In particular, a strong ban on malicious re-identification and broader anti-discrimination and privacy legislation are necessary to ensure the participants' privacy protection and encourage participation in genomics projects. In addition, the scientific community should establish data standards that can aid in implementation of protective measures to minimize privacy violations. Part II provides an overview of recent developments in genomic technologies and public and participatory genomics. Part III summarizes the privacy issues present in public genomics. Part IV reviews current legislation on genetic ...


Matched Preferences And Values: A New Approach To Selecting Legal Surrogates, Nina A. Kohn Jun 2015

Matched Preferences And Values: A New Approach To Selecting Legal Surrogates, Nina A. Kohn

San Diego Law Review

Every day, hospitals are filled with incapacitated patients whose healthcare decisions are made by someone else. The law recognizes such decisions as the patient’s own, and accordingly, the primary purpose of surrogate decisionmakers is to make the decisions that patients would make if able. Unfortunately, surrogate decisionmakers frequently make choices for patients that are inconsistent with patient wishes. Indeed, social psychology literature on surrogate decisionmaking finds a stronger correlation between surrogates’ decisions for patients and what the surrogates would want for themselves, than between the surrogates’ decisions and what the patients actually would want. Although others have treated surrogates ...


Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler Jun 2015

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

San Diego Law Review

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice—the activities of physicians and other health care professionals—while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a primarily state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to ...


When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda Mar 2015

When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda

San Diego Law Review

Given the alarming upward trend in HIV infection rates and the downward trend in condom usage, the United States needs a new approach to HIV prevention. One such approach, HIV pre-exposure prophylaxis, commonly known as “PrEP,” has the potential to significantly reduce HIV incidence. The FDA recently approved a daily dose of Truvada®—an antiretroviral drug that suppresses the virus in HIV-positive individuals—for daily use by high-risk HIV-negative individuals to prevent infection. Despite an efficacy above ninety percent and significant regulatory momentum, this pharmacological prevention modality has proven difficult to implement. This Article addresses the social, legal, and policy ...