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Washington University Law Review

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Articles 1 - 30 of 91

Full-Text Articles in Health Law and Policy

Patent Infringement In Personalized Medicine: Limitations Of The Existing Exemption Mechanisms, Jiyeon Kim Jan 2018

Patent Infringement In Personalized Medicine: Limitations Of The Existing Exemption Mechanisms, Jiyeon Kim

Washington University Law Review

Mr. X suffers from recurrent glioblastoma, a type of deadly brain cancer. One of his physicians reads a study reporting a novel immunotherapy, which uses the chimeric antigen receptor T cell (CAR-T) technology, leading to regression of glioblastoma in a small number of patients. Although the therapy has recently been approved by the U.S. Food and Drug Administration (FDA) and is now offered by two major pharmaceutical companies, it is only approved for certain hematological cancers. In addition, Mr. X’s cancer does not express the biomarker that is necessary for the CAR-T therapy used in the published glioblastoma ...


No Pay For Sexist Performance: How Gender Disparities In Healthcare Hurt Hospitals’ Pay For Performance Reimbursements, Emily C. Bartlett Jan 2018

No Pay For Sexist Performance: How Gender Disparities In Healthcare Hurt Hospitals’ Pay For Performance Reimbursements, Emily C. Bartlett

Washington University Law Review

Gender disparities and discrimination in healthcare treatment are vast. Women in pain are deemed hysterical, heart attacks in women are caught less frequently than in men due to symptom presentation differences, and women are screened less often than men for some cancers. Meanwhile, in order to be fully reimbursed for healthcare services, legislative reforms increasingly evaluate hospitals and physicians based on their performance as it relates to quality measurements, otherwise known as pay for performance. This particular method of reimbursement expanded after the Patient Protection and Affordable Care Act (ACA) enacted pay for performance standards, particularly for hospitals and physicians ...


The Future Of Gmo Labeling: How A New Federal Labeling Scheme Will Alter Public Disclosure, Maria Degiovanni Jan 2017

The Future Of Gmo Labeling: How A New Federal Labeling Scheme Will Alter Public Disclosure, Maria Degiovanni

Washington University Law Review

Genetic modification is a process used for a myriad of purposes, including the cultivation of plant species that ultimately find their way into countless food products across the world.1 As the usage of genetically modified organisms (GMOs) has grown, so has the public debate surrounding their presence in food, and, more specifically, their undisclosed presence in food. Until recently, the United States maintained next to no regulation on the labeling of GMO products.2 After many state legislatures began proposing and passing GMO-labeling laws, Congress passed one of its own.3 This Note will discuss the implications of the ...


Consumer Financial Protection In Health Care, Erin C. Fuse Brown Jan 2017

Consumer Financial Protection In Health Care, Erin C. Fuse Brown

Washington University Law Review

There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems from the increasing costs shifting to patients in American health care and the inordinate complexity that makes health care transactions nearly impossible for consumers to navigate. A particularly outrageous example is the phenomenon of surprise medical bills, which refers to unanticipated and involuntary out-of-network bills in emergencies or from out-of- network providers at in-network facilities. Other damaging medical billing practices include the opaque and à la carte nature of medical bills, epitomized by added “facility fees ...


Wrongly “Identified”: Why An Actual Knowledge Standard Should Govern Health Care Providers’ False Claims Act Obligations To Report And Return Medicare And Medicaid Overpayments, Nicholas J. Goldin Jan 2017

Wrongly “Identified”: Why An Actual Knowledge Standard Should Govern Health Care Providers’ False Claims Act Obligations To Report And Return Medicare And Medicaid Overpayments, Nicholas J. Goldin

Washington University Law Review

In 2015, Medicare spent $632 billion on health care for America’s elderly (and other covered groups). Medicaid spent another $554 billion to provide health care to America’s needy. The government estimates that improper payments account for as much as 10% of Medicare and Medicaid spending. Given the vast amount of money at stake, and the fact that there is bipartisan support for recovering taxpayer dollars, it is no surprise the federal government has made it a priority to recoup the money lost to health care fraud each year. The results are noticeable: annual recoveries for health care fraud ...


Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma Marouf Jan 2016

Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma Marouf

Washington University Law Review

In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised ...


The Evolution Of Federal Courts’ Healthcare Antitrust Analysis: Does The Ppaca Spell The End To Hospital Mergers?, Collin Z. Groebe Jan 2015

The Evolution Of Federal Courts’ Healthcare Antitrust Analysis: Does The Ppaca Spell The End To Hospital Mergers?, Collin Z. Groebe

Washington University Law Review

Traditionally, hospital mergers were seen as a benefit to consumers. That is no longer the case. After years of nonprofit hospitals engaging in price inflation and misreporting charity care, new hospital mergers will be more heavily scrutinized. Specifically, the United States government has implemented policies that are intended to shrink the relevant market, separate hospital services into individual lines, and require more than a good faith standard for evidence of proposed efficiencies. These policies were created as a response to the findings in antitrust court cases that hospital executives were increasing prices as a monopolist. These cases have worked to ...


Hobby Lobby And The Zero-Sum Game, Kathryn E. Kovacs Jan 2014

Hobby Lobby And The Zero-Sum Game, Kathryn E. Kovacs

Washington University Law Review

No abstract provided.


Why Do Cities Innovate In Public Health? Implications Of Scale And Structure, Paul A. Diller Jan 2014

Why Do Cities Innovate In Public Health? Implications Of Scale And Structure, Paul A. Diller

Washington University Law Review

Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That cities innovate in public health at all is remarkable. They have less to gain financially from more stringent regulation than higher levels of government, which shoulder more of the burden of Medicare and Medicaid. Cities are supposed to fear mobile capital flight; if they regulate, businesses will leave. Moreover, because innovation is costly and likely to be copied by others when successful, a free-rider problem might inhibit local policy innovation generally.

Cities’ prolific regulation ...


Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss Jan 2012

Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss

Washington University Law Review

This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into the ...


Antibiotic Maximalism: Legislative Assaults On The Evidence-Based Treatment Of Lyme Disease, Joseph B. Franklin Jan 2012

Antibiotic Maximalism: Legislative Assaults On The Evidence-Based Treatment Of Lyme Disease, Joseph B. Franklin

Washington University Law Review

Antibiotics, and the deadly pathogens that have evolved to resist them, are one of the major public health concerns of our time. The introduction of penicillin in the early 1940s signaled a new era—not only for the treatment of devastating infections, but also for the out-witting of antibiotics by fast-evolving bacteria. If the middle of the twentieth century saw the era of antibiotic innovation, the past several years might be labeled the era of antibiotic resistance, when untreatable infections have become a modern scourge. Methicillin-resistant Staphylococcus aureus (MRSA) is the most notorious antibiotic resistant “superbug”; this antibiotic-resistent pathogen has ...


Theorizing Mental Health Courts, E. Lea Johnston Jan 2012

Theorizing Mental Health Courts, E. Lea Johnston

Washington University Law Review

To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds with those underlying the traditional criminal justice system. Furthermore, the sufficiency of rehabilitation, as this concept appears to be defined by mental health court advocates, depends on the ...


Sweet Dreams Aren't Made Of These: How The Va's Disability Compensation Program Leaves Veterans Alone In The Nightmare Of Posttraumatic Stress Disorder, Alexandra S. Haar Jan 2011

Sweet Dreams Aren't Made Of These: How The Va's Disability Compensation Program Leaves Veterans Alone In The Nightmare Of Posttraumatic Stress Disorder, Alexandra S. Haar

Washington University Law Review

No abstract provided.


Missouri's Health Care Battle And Differential Judicial Review Of Popular Lawmaking, Raquel Frisardi Jan 2011

Missouri's Health Care Battle And Differential Judicial Review Of Popular Lawmaking, Raquel Frisardi

Washington University Law Review

No abstract provided.


Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris Jan 2010

Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris

Washington University Law Review

In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many health care and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.


Supervision And Collaboration Requirements: The Vulnerability Of Nurse Practitioners And Its Implications For Retail Health, Lauren E. Battaglia Jan 2010

Supervision And Collaboration Requirements: The Vulnerability Of Nurse Practitioners And Its Implications For Retail Health, Lauren E. Battaglia

Washington University Law Review

No abstract provided.


Return To Sender: Evaluating The Medical Repatriations Of Uninsured Immigrants, Caitlin O'Connell Jan 2010

Return To Sender: Evaluating The Medical Repatriations Of Uninsured Immigrants, Caitlin O'Connell

Washington University Law Review

No abstract provided.


The Public's Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard Jan 2009

The Public's Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard

Washington University Law Review

This Article offers a contemporary examination of traditional public health objectives to address social problems not amenable to individual resolution. Taking the tradition a step further, it defines a “public health right” that may justify certain government actions that otherwise appear to impair individual rights. For example, lawmakers are considering whether current regulations on prescription drugs should be loosened to allow terminally ill patients to access drugs before they have been tested and approved for the general public. This Article concludes that expanding access to experimental drugs would violate the public health right to scientific knowledge and new drug development ...


Lean On Me: A Physician's Fiduciary Duty To Disclose An Emergent Medical Risk To The Patient, Thomas L. Hafemeister, Selina Spinos Jan 2009

Lean On Me: A Physician's Fiduciary Duty To Disclose An Emergent Medical Risk To The Patient, Thomas L. Hafemeister, Selina Spinos

Washington University Law Review

This Article has two purposes. The first is to establish that physicians owe their patients a fiduciary duty. Courts and commentators have widely acknowledged that this duty exists because of the nature of the special relationship between a physician and a patient. Application of this duty has been sparse, however, in part because its jurisprudential foundation has received virtually no attention. This Article explores that foundation and establishes the strong basis for recognizing and applying this doctrine. The second purpose is to apply this doctrine to an issue that has generated considerable attention, both within and outside the medical profession ...


Charity Starts In The Womb: New Research Should Allow Healthy Embryos And Federally Funded Stem Cell Research To Coexist, Elizabeth A. Holman Jan 2007

Charity Starts In The Womb: New Research Should Allow Healthy Embryos And Federally Funded Stem Cell Research To Coexist, Elizabeth A. Holman

Washington University Law Review

No abstract provided.


A Cognitive Theory Of Trust, Claire A. Hill, Erin Ann O'Hara Jan 2006

A Cognitive Theory Of Trust, Claire A. Hill, Erin Ann O'Hara

Washington University Law Review

Interpersonal trust is currently receiving widespread attention in theacademy. A fast-growing legal literature can draw insights from trust scholars in several other fields, including sociology, psychology,
political science, economics, neuroscience, medicine, and management to explore the effects of legal policy on the nature of trust in interpersonal relationships. The issues are fundamental and worthy of more serious exploration: To what extent do legal rules, cases, and law enforcement efforts enhance or detract from the trust present in relationships? How can a better understanding of trust help us devise tools to improve human social and economic interactions?


The Child Medication Safety Act: Special Treatment For The Parents Of Children With Adhd?, Emily Berntsen Jan 2005

The Child Medication Safety Act: Special Treatment For The Parents Of Children With Adhd?, Emily Berntsen

Washington University Law Review

No abstract provided.


Responding To Bioterrorism: An Analysis Of Titles I And Ii Of The Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Ryan R. Kemper Jan 2005

Responding To Bioterrorism: An Analysis Of Titles I And Ii Of The Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Ryan R. Kemper

Washington University Law Review

No abstract provided.


Health Care For Undocumented Immigrant Children: Special Members Of An Underclass, Cindy Chang Jan 2005

Health Care For Undocumented Immigrant Children: Special Members Of An Underclass, Cindy Chang

Washington University Law Review

No abstract provided.


Unreasonable Restraints: Antitrust Law And The National Residency Matching Program, Heather S. Crall Jan 2004

Unreasonable Restraints: Antitrust Law And The National Residency Matching Program, Heather S. Crall

Washington University Law Review

No abstract provided.


Emtala's Oft-Overlooked “Reverse Dumping” Provision And The Implications For Transferee Hospital Liability Following St. Anthony Hospital, Ercan E. Iscan Jan 2004

Emtala's Oft-Overlooked “Reverse Dumping” Provision And The Implications For Transferee Hospital Liability Following St. Anthony Hospital, Ercan E. Iscan

Washington University Law Review

No abstract provided.


The Price Of Life: $50,000 For An Egg, Why Not $1,500 For A Kidney? An Argument To Establish A Market For Organ Procurement Similar To The Current Market For Human Egg Procurement, Margaret R. Sobota Jan 2004

The Price Of Life: $50,000 For An Egg, Why Not $1,500 For A Kidney? An Argument To Establish A Market For Organ Procurement Similar To The Current Market For Human Egg Procurement, Margaret R. Sobota

Washington University Law Review

No abstract provided.


The Role Of Access In Charitable Tax Exemption, John D. Colombo Jan 2004

The Role Of Access In Charitable Tax Exemption, John D. Colombo

Washington University Law Review

The central thesis of this Article is that the criterion that can and should be used to judge exempt status in these cases of “commercial similarity” is whether the organization provides access to services for previously-underserved populations or provides specific services to the majority population that otherwise are not provided by the private sector. Using “enhancing access” as the main criterion in judging an organization’s entitlement to exemption makes considerable sense; after all, a major rationale for granting charitable tax exemption is to recognize the pluralism-enhancing nature of such enterprises. Organizations that provide expanded access to services for those ...


Reviewing The Review Boards: Why Institutional Review Board Liability Does Not Make Good Business Sense, Carla M. Stalcup Jan 2004

Reviewing The Review Boards: Why Institutional Review Board Liability Does Not Make Good Business Sense, Carla M. Stalcup

Washington University Law Review

No abstract provided.


From Conception Until Birth: Exploring The Maternal Duty To Protect Fetal Health, Moses Cook Jan 2002

From Conception Until Birth: Exploring The Maternal Duty To Protect Fetal Health, Moses Cook

Washington University Law Review

No abstract provided.