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

Health Law and Policy Commons

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

Articles 1 - 8 of 8

Full-Text Articles in Health Law and Policy

Ancillary Joint Ventures And The Unanswered Questions After Revenue Ruling 2004-51 Jul 2012

Ancillary Joint Ventures And The Unanswered Questions After Revenue Ruling 2004-51

Gabriel O Aitsebaomo

Ever since the Internal Revenue Service (the "Service") issued Revenue Ruling 98-15… in which it emphasized "control" as a critical factor in determining whether a tax-exempt hospital that enters into a whole-hospital joint venture with a for-profit entity would continue to maintain its tax-exemption, practitioners and scholars alike have sought guidance from the Service regarding whether such "control" would also be required of an exempt organization that enters into an "ancillary joint venture" with a for-profit entity. In response, the Service issued Revenue Ruling 2004-51 on May 6, 2004.

… In Revenue Ruling 2004-51, the Service enunciated that a tax-exempt university ...


Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff May 2012

Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff

Mary J. Shariff

This paper unpacks the slippery slope argument as it pertains to assisted death. The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that ...


Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer Dec 2011

Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer

Parker Tresemer

Recent biotechnology advances are yielding potentially life-saving therapies, but without FDA regulations designed to minimize product costs, patients will continue to be unable to afford these expensive biologic products. Many believe that these prohibitive costs stem from weak competition from generic biologic products, also known as follow-on biologics. To correct this deficiency, and to address the often conflicting regulatory and policy concerns associated with biologic products, Congress enacted the Biologics Price Competition and Innovation Act. The Act created an abbreviated approval pathway for biologic products and, if effective, could increase competition while driving down product costs. But legislation alone is ...


The Health Care Quality Improvement Act Of 1986 Meets The Era Of Health Care Reform: Continuing Themes And Common Threads, Michele L. Mekel Dec 2011

The Health Care Quality Improvement Act Of 1986 Meets The Era Of Health Care Reform: Continuing Themes And Common Threads, Michele L. Mekel

Michele L Mekel

The articles the 13th Annual Southern Illinois Healthcare/Southern Illinois University Health Policy Institute symposium issue of The Journal of Legal Medicine plait the cords connecting 1986’s HCQIA and 2011’s PPACA. Such a historically contextual approach to viewing key themes and how they are stitched, over time, into the fabric of the nation’s health law and policy leads to a much more robust understanding not only of where U.S. health law and policy has come from—and why—but also aids in developing informed and integrated health law and policy moving forward.


Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce Dec 2011

Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce

Thomas A Faunce

Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness and greed— such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water ...


A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce Dec 2011

A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce

Thomas A Faunce

Momcilovic v The Queen (2011) 85 ALJR 957 [PDF] ; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) . The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or more enumerated ...


Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce Dec 2011

Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce

Thomas A Faunce

Recent federal trade policy commitments concerning the Trans-Pacific Partnership Agreement (TPPA) negotiations (against changes to the Pharmaceutical Benefits Scheme (PBS) and against inclusion of an investor state provision) could protect Australia’s tobacco control legislation and Australia's sovereign capacity to regulate public health and environmental policy


The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu Dec 2011

The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

International collaboration on nanotechnology governance has so far paid little attention to security implications of regulating the use of nanotechnology. For example, the Coalition of Non-Governmental Organizations (initiated by the International Centre for Technological Assessment) developed 'Principles for the Oversight of Nanotechnologies and Nanomaterials' to provide a set of ethical standards for nanotechnology research and development (Kimbrell, 2009). Similar initiatives are observed at the national level, as has been seen in the Swiss Retailers Association Code of Conduct and the UK's Responsible NanoCode (Bowman and Hodge, 2009, pp.149-152). The Organization for Economic Co-operation and Development (OECD) has also ...