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Health Law and Policy Commons

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2007

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Articles 1 - 30 of 273

Full-Text Articles in Health Law and Policy

Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron Aug 2013

Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron

Charles H. Baron

No abstract provided.


The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz Dec 2007

The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz

University of Michigan Journal of Law Reform

Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent ...


Health Care Law, Sean P. Byrne, Paul Walkinshaw Nov 2007

Health Care Law, Sean P. Byrne, Paul Walkinshaw

University of Richmond Law Review

Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and ...


Offsetting Risks, Ariel Porat Nov 2007

Offsetting Risks, Ariel Porat

Michigan Law Review

Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a risk of 500 (there is a probability of .1 that a harm of 5000 will result), and Course of Action B, which creates a risk of 400 (there is a probability of.] that a harm of 4000 will result), and who negligently opts for the former will be held liable for the entire harm of 5000 that materializes. This full liability forces the injurer to pay damages that are five times higher than would be necessary to internalize the risk of 100 that ...


How Can We Improve Drug Safety?, Robert I. Field Oct 2007

How Can We Improve Drug Safety?, Robert I. Field

Robert I. Field

No abstract provided.


Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen Oct 2007

Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen

Faculty Scholarship at Penn Law

“Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,” Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western world has made curiosities of an occasional “Elephant Man,” “Wild Boy,” or pair of enterprising “Siamese Twins.” People now reveal their illnesses and medical procedures in conversation, at work and on the internet. This paper explores the reasons why, despite the celebrity of disease and a new openness about health problems, privacy and confidentiality are still values in medicine.


The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer Oct 2007

The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer

Matthew Rimmer

This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural ...


Mid-Atlantic Ethics Committee Newsletter, Fall 2007 Oct 2007

Mid-Atlantic Ethics Committee Newsletter, Fall 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr Oct 2007

Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr

University of Arkansas at Little Rock Law Review

Current federal and state law is inadequate to protect employees from employer's misuse of their genetic information. Genetic information is knowledge of a person's genome that indicates a predisposition towards an illness, disease, or medical condition, where symptoms of the condition have yet to manifest themselves. Federal law protections are insufficient, and relevant state laws vary in their scope and application. Not only are employees unevenly protected across the United States, but varying standards also make complying with the law difficult for interstate employees.

To give employees sufficient protection and to facilitate employer compliance, Congress should pass a ...


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Oct 2007

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results to inform ...


Access To Community Healthcare For Youth In The Juvenile Justice System: Initial Lessons From The Massachusetts Health Passport Project, Francine Sherman Sep 2007

Access To Community Healthcare For Youth In The Juvenile Justice System: Initial Lessons From The Massachusetts Health Passport Project, Francine Sherman

Francine T. Sherman

From 2004-2010, the author directed the Massachusetts Health Passport Project (MHPP), aimed at facilitating continuous access to healthcare for girls and boys in the juvenile justice system in two Massachusetts counties. This article describes the health challenges facing youth, and particularly girls in the juvenile justice system including the significant barriers to health care access that these youth face. It goes on to describe the Massachusetts Health Passport Project, designed to: 1. Improve access to healthcare; 2) Change relevant systems; 3) Improve youth’s social supports; and 4) Improve youth’s health status. The article draws on an evaluation of ...


Children's Behavioral Health Services In Baltimore: Walking The Continuum, Jennifer Ryan Sep 2007

Children's Behavioral Health Services In Baltimore: Walking The Continuum, Jennifer Ryan

National Health Policy Forum

This site visit explored the range of behavioral health services available for children in the city of Baltimore and in the state more broadly. Like many states, the policy community in Maryland has been working hard to meet the challenges of providing an effective continuum of care in the context of complex financing incentives and an overburdened educational and public health care system. Several promising practices have emerged, including the Wraparound practice model that offers individualized, comprehensive services and natural supports to achieve a positive set of outcomes for the child and family. The wraparound model incorporates both traditional services ...


Medicare Advantage Payment Policy, Mark Merlis Sep 2007

Medicare Advantage Payment Policy, Mark Merlis

National Health Policy Forum

Medicare Advantage (MA) plans have become a source of supplemental benefits for many Medicare beneficiaries. In many cases, MA plans are able to finance these extra benefits only because Medicare is paying them more than it would have spent to cover the same beneficiaries on a fee-for-service basis. As Congress considers curbing MA plan payments, this background paper explains how MA plans are paid and reviews recent trends in plan participation and enrollment. It then considers key issues raised by proposals to change the payment system.


Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling Sep 2007

Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling

O'Neill Institute Papers

In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are ...


The Path Of Easy Legislation, Raechel K. Anglin Sep 2007

The Path Of Easy Legislation, Raechel K. Anglin

Student Scholarship Papers

This Article explores the concept of “easy legislation,” tracing the drafting of a bill with strong bipartisan support coupled with an executive imperative from its roots in an information uprising and unenacted bill language through its enactment into law. This Article argues that once a topic is grounded in bipartisan support and an executive imperative, an individual legislator has little choice but to compromise. Such compromise results in two key legislative moments: a) the hot button sacrifice and b) the ideological amendment inundation.


Physician Profiling: Can Medicare Paint An Accurate Picture?, Laura A. Dummit Sep 2007

Physician Profiling: Can Medicare Paint An Accurate Picture?, Laura A. Dummit

National Health Policy Forum

Physician profiling, that is, the comparison of the health care services used by a physician’s patients to average service use or another benchmark, has been proposed as a way to improve Medicare. It has been used by private health plans and physician groups to identify both efficient practice patterns and the physicians who practice efficiently. The Medicare Payment Advisory Commission (MedPAC) and the Government Accountability Office (GAO) have recommended that Medicare adopt physician profiling to slow spending growth and improve efficiency. Recent legislation would mandate that Medicare employ profiling. This issue brief reviews MedPAC and GAO’s analyses of ...


The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck Sep 2007

The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck

O'Neill Institute Papers

This article will appear in a symposium to pay tribute to Professor Steven H. Shiffrin, one of the leading First Amendment theorists of our time. The author was asked to focus on Professor Shiffrin’s contribution to the development of the commercial speech doctrine. To reflect on the wisdom of Professor Shiffrin’s refusal to rely on general First Amendment theories, the article focuses on the difficult First Amendment problem of regulating direct-to-consumer (DTC) advertising of prescription drugs. In his famous dissent in Virginia Pharmacy Board, then-Justice Rehnquist forecast that, as a consequence of the Court’s ruling, drug companies ...


A Critical Examination Of The Fda’S Efforts To Preempt Failure-To-Warn Claims, David A. Kessler, David C. Vladeck Sep 2007

A Critical Examination Of The Fda’S Efforts To Preempt Failure-To-Warn Claims, David A. Kessler, David C. Vladeck

O'Neill Institute Papers

This article explores the legality and wisdom of the FDA’s effort to persuade courts to find most failure-to-warn claims preempted. The article first analyzes the FDA’s justifications for reversing its long-held views to the contrary and explains why the FDA’s position cannot be reconciled with its governing statute. The article then examines why the FDA’s position, if ultimately adopted by the courts, would undermine the incentives drug manufacturers have to change labeling to respond to newly-discovered risks. The background possibility of failure-to-warn litigation provides important incentives for drug companies to ensure that drug labels reflect accurate ...


Tobacco Regulation Review, V. 6, No. 2, Sept. 2007 Sep 2007

Tobacco Regulation Review, V. 6, No. 2, Sept. 2007

Tobacco Regulation Review

No abstract provided.


Race Against Time, Sarah Feor Sep 2007

Race Against Time, Sarah Feor

Buffalo Human Rights Law Review

Book review of Stephen Lewis' Race Against Time


Law & Health Care Newsletter, V. 15, No. 1, Fall 2007 Sep 2007

Law & Health Care Newsletter, V. 15, No. 1, Fall 2007

Law & Health Care Newsletter

No abstract provided.


Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron Aug 2007

Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron

Charles H. Baron

No abstract provided.


Medicare's Use Of Risk Adjustment, Gerald F. Kominski Aug 2007

Medicare's Use Of Risk Adjustment, Gerald F. Kominski

National Health Policy Forum

Medicare accounts for expected differences in resource needs of patients or health plan enrollees by risk-adjusting the payments it makes to health care facilities, such as hospitals, skilled nursing facilities, and home health agencies, and the premiums it pays to health plans. Risk adjustment is intended to ensure that payments or premiums are adequate for patients or plan enrollees who require more resources than average in order to protect beneficiary access as well as the financial condition of the provider or plan. At the same time, risk adjustment lowers payments or premiums for beneficiaries who are expected to use fewer ...


Medicaid And State Budgets: Clearing Storm, Foggy Forecast, Courtney Burke Aug 2007

Medicaid And State Budgets: Clearing Storm, Foggy Forecast, Courtney Burke

National Health Policy Forum

This issue brief examines the recent history and trends in state budgets and considers how those trends have influenced the role of the Medicaid program. The paper offers several indicators for predicting the future of states’ fiscal standing, cautioning that, although the “stormy” period from 2001 to 2003 is over, states face many challenges in the near future. This issue brief also poses several questions regarding the appropriate roles of state and federal governments in administering the Medicaid program. These questions become particularly important as the population ages and states increasingly take the lead in developing solutions for covering the ...


Community-Based Long-Term Care: Wisconsin Stays Ahead, Judith D. Moore, Carol O'Shaughnessy, Lisa Sprague Aug 2007

Community-Based Long-Term Care: Wisconsin Stays Ahead, Judith D. Moore, Carol O'Shaughnessy, Lisa Sprague

National Health Policy Forum

This report describes a site visit to Wisconsin in August 2007 that focused on the use of home and community-based services, both public and private, to delay or avoid the need for institutional care. Wisconsin was chosen because it has long been a leader among states in developing such services for the elderly and persons with disabilities. At the time of the visit, a managed long-term care program, Family Care, was operating on a pilot basis in five counties. The Partnership Program, a four-site demonstration integrating acute and long-term care for the dual eligible population (both frail elderly and younger ...


Diabetes Treatments And Moral Hazard, Jonathan Klick, Thomas Stratmann Aug 2007

Diabetes Treatments And Moral Hazard, Jonathan Klick, Thomas Stratmann

Faculty Scholarship at Penn Law

In the face of rising rates of diabetes, many states have passed laws requiring health insurance plans to cover medical treatments for the disease. Although supporters of the mandates expect them to improve the health of diabetics, the mandates have the potential to generate a moral hazard to the extent that medical treatments might displace individual behavioral improvements. Another possibility is that the mandates do little to improve insurance coverage for most individuals, as previous research on benefit mandates has suggested that mandates often duplicate what plans already cover. To examine the effects of these mandates, we employ a triple-differences ...


Shrinking Inpatient Psychiatric Capacity: Cause For Celebration Or Concern?, Eileen Salinsky, Christopher Loftis Aug 2007

Shrinking Inpatient Psychiatric Capacity: Cause For Celebration Or Concern?, Eileen Salinsky, Christopher Loftis

National Health Policy Forum

This issue brief examines reported capacity constraints in inpatient psychiatric services and describes how these services fit within the continuum of care for mental health treatment. The paper summarizes the type and range of acute care services used to intervene in mental health crises, including both traditional hospital-based services and alternative crisis interventions, such as mobile response teams. It reviews historical trends in the supply of inpatient psychiatric beds and explores the anticipated influence of prospective payment for inpatient psychiatric services under Medicare. The paper also considers other forces that may affect the need for and supply of acute mental ...


Health Information Technology Adoption Among Health Centers: A Digital Divide In The Making?, Adil Moiduddin, Daniel S. Gaylin Jul 2007

Health Information Technology Adoption Among Health Centers: A Digital Divide In The Making?, Adil Moiduddin, Daniel S. Gaylin

National Health Policy Forum

This background paper describes the current status of efforts to implement health information technology in community health centers. It summarizes the benefits experienced by health centers that have pioneered the use of information technology and examines the challenges that have hindered wider adoption. The paper identifies a range of policy options that have been considered to promote broader use of information technology by health centers.


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


What Do Nonprofits Maximize? Hospital Service Provision And Market Ownership Mix, Jill R. Horwitz, Austin Nichols Jul 2007

What Do Nonprofits Maximize? Hospital Service Provision And Market Ownership Mix, Jill R. Horwitz, Austin Nichols

Law & Economics Working Papers Archive: 2003-2009

Conflicting theories of the nonprofit firm have existed for several decades yet empirical research has not resolved these debates, partly because the theories are not easily testable but also because empirical research generally considers organizations in isolation rather than in markets. Here we examine three types of hospitals – nonprofit, for-profit, and government – and their spillover effects. We look at the effect of for-profit ownership share within markets in two ways, on the provision of medical services and on operating margins at the three types of hospitals. We find that nonprofit hospitals’ medical service provision systematically varies by market mix. We ...