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

Health Law and Policy Commons

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

Articles 1 - 30 of 143

Full-Text Articles in Health Law and Policy

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor Jan 2018

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

The John Marshall Law Review

No abstract provided.


Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley Jan 2017

Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley

The John Marshall Law Review

This Comment begins in Section II with an overview of the current telemedicine practices in healthcare, as well as the current law within Illinois regarding telemedicine use. Section III of this Comment discusses the flaws under the current Illinois law that act to impede licensed medical professionals from providing telemedicine services in patient care. Section III specifically focuses on the area of medical negligence to include the establishment of the physician-patient relationship, the applicable standard of care, and the scope of the requisite informed consent. This Section also examines and compares various legislation enacted in other states that provide a ...


A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston Jan 2016

A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston

The John Marshall Law Review

This comment will explain the necessity for federal regulation of surrogacy contracts by analyzing the current state of surrogacy laws across the United States. This will be accomplished by examining the fragmented state system and how this largely ignored area of the law has been a feeding ground for widespread forum shopping and inconsistent results. This comment will then address the public policy reasons in support of enforcing these contracts. Next, this comment will examine the avenues of congressional power for regulating these types of contracts. Lastly, this comment will propose that the federal government implement legislation containing key language ...


When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook Jan 2016

When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook

The John Marshall Law Review

The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.


Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger Jan 2016

Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger

The John Marshall Law Review

Youth in the foster care system often have no one person who is clearly authorized to make medical decisions for them. From a caseworker insisting upon a vaccine to a birth parent refusing permission for psychotropic medication, the evidence supports the argument that who makes these decisions matters for children’s rights. The Author reviewed relevant laws and policies, surveyed stakeholders to understand actual practices, then interviewed a subset of these stakeholders to get further details about who decides what care a young person receives. This Article argues that policies should be nuanced but consistent, promoting birth parent involvement and ...


Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff Jan 2015

Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff

The John Marshall Law Review

This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.


Free Exercise For All: The Contraception Mandate Cases And The Role Of History In Extending Religious Protections To For-Profit Corporations, 48 J. Marshall L. Rev. 605 (2015), Joseph Swee Jan 2015

Free Exercise For All: The Contraception Mandate Cases And The Role Of History In Extending Religious Protections To For-Profit Corporations, 48 J. Marshall L. Rev. 605 (2015), Joseph Swee

The John Marshall Law Review

No abstract provided.


The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons Jan 2015

The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons

The John Marshall Law Review

With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of an agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent’s authority. The remaining powers should be construed and ...


Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce Jan 2014

Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce

The John Marshall Law Review

This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.


How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund Jan 2014

How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund

The John Marshall Law Review

No abstract provided.


The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo Desantis Jan 2014

The Thin Red Federal Poverty Line: How Rejecting The Medicaid Expansion Affects Those With Exchange Coverage, 47 J. Marshall L. Rev. 923 (2014), J. Angelo Desantis

The John Marshall Law Review

This Article explores the less-discussed consequences to Exchanges in non-Expansion states. One consequence is that the rules designed to help individuals who fall on hard time maintain coverage can work against the poor in non-Expansion states. In those states, common life events, marriage, divorce, a new child, a job loss, and retirement, can push lower income enrollees out of subsidy eligibility. And if enrollees report income changes to the Exchange — as most Exchanges require — they’ll lose their subsidies. But in non-Expansion states, enrollees may be better off not notifying Exchanges of certain income drops.


At The Intersection Of Insurance And Tax: Equitable Remedies Under The Affordable Care Act, 47 J. Marshall L. Rev. 973 (2014), Julie Lewis Jan 2014

At The Intersection Of Insurance And Tax: Equitable Remedies Under The Affordable Care Act, 47 J. Marshall L. Rev. 973 (2014), Julie Lewis

The John Marshall Law Review

No abstract provided.


The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn Jan 2014

The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn

The John Marshall Law Review

This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.


The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano Jan 2014

The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano

The John Marshall Law Review

No abstract provided.


Unfinished Business: The Affordable Care Act And The Problem Of Delayed And Denied Erisa Health Care Claim, 47 J. Marshall L. Rev. 887 (2014), Katherine Vukadin Jan 2014

Unfinished Business: The Affordable Care Act And The Problem Of Delayed And Denied Erisa Health Care Claim, 47 J. Marshall L. Rev. 887 (2014), Katherine Vukadin

The John Marshall Law Review

No abstract provided.


Health Accounts/Arrangements: An Expanding Role Under The Affordable Care Act?, 47 J. Marshall L. Rev. 991 (2014), Edward Morse Jan 2014

Health Accounts/Arrangements: An Expanding Role Under The Affordable Care Act?, 47 J. Marshall L. Rev. 991 (2014), Edward Morse

The John Marshall Law Review

This article outlines the foundations of health-related accounts and arrangements, including tax and economic considerations affecting their role in various designs for health insurance coverage. It explores the impact of the Affordable Care Act (ACA) and related administrative guidance affecting their usage, arguing that emerging trends showing that insured patients are bearing increasingly significant levels of out-of-pocket costs suggest an expanding role for consumer-directed accounts and arrangements, albeit one clouded by looming excise taxes imposed on “excess benefit” coverage beginning in 2018. It also examines the potential to utilize health accounts/arrangements to resolve moral and ethical conflicts in healthcare ...


Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs Jan 2014

Taking Hipaa To School: Why The Privacy Rule Has Eviscerated Ferpa's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014), Gregory Riggs

The John Marshall Law Review

No abstract provided.


Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart Jan 2014

Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart

The John Marshall Law Review

No abstract provided.


Information Overload: How The Wisconsin Supreme Court Expanded The Doctrine Of Informed Consent, 46 J. Marshall L. Rev. 1097 (2013), Michael Rohde Jan 2013

Information Overload: How The Wisconsin Supreme Court Expanded The Doctrine Of Informed Consent, 46 J. Marshall L. Rev. 1097 (2013), Michael Rohde

The John Marshall Law Review

No abstract provided.


Parent In Life, Stranger At Law: Addressing The Inequality And Inconsistency Of Parentage Rights Of Same-Sex Parents, 46 J. Marshall L. Rev. 867 (2013), Paul Coogan Jan 2013

Parent In Life, Stranger At Law: Addressing The Inequality And Inconsistency Of Parentage Rights Of Same-Sex Parents, 46 J. Marshall L. Rev. 867 (2013), Paul Coogan

The John Marshall Law Review

No abstract provided.


No Duty To Warn Of Drug Interactions: A Dangerous Prescription, 46 J. Marshall L. Rev. 533 (2013), Ryanne Bush Dent Jan 2013

No Duty To Warn Of Drug Interactions: A Dangerous Prescription, 46 J. Marshall L. Rev. 533 (2013), Ryanne Bush Dent

The John Marshall Law Review

No abstract provided.


How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012), Albert Feuer Jan 2012

How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012), Albert Feuer

The John Marshall Law Review

No abstract provided.


Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer Jan 2012

Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer

The John Marshall Law Review

No abstract provided.


Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman Jan 2012

Health Care For The Autistic Child In The U.S.: The Case For Federal Legislative Reform For Aba Therapy, 46 J. Marshall L. Rev. 169 (2012), Laura Hoffman

The John Marshall Law Review

No abstract provided.


Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii Jan 2012

Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii

The John Marshall Law Review

No abstract provided.


Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins Jan 2012

Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins

The John Marshall Law Review

No abstract provided.


Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski Jan 2012

Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski

The John Marshall Law Review

No abstract provided.


Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012), Meredith Fileff Jan 2012

Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012), Meredith Fileff

The John Marshall Law Review

No abstract provided.


The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou Jan 2012

The Physician Payment Sunshine Act: An Important First Step In Mitigating Financial Conflicts Of Interest In Medical And Clinical Practice, 45 J. Marshall L. Rev. 963 (2012), Alexandros Stamatoglou

The John Marshall Law Review

No abstract provided.


International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar Jan 2010

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

The John Marshall Law Review

No abstract provided.