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Health Law

Health Law Prof Blog

Health law resources, information, and news for the academic community.

Post Frequency: 11.1/day

Last Entry: June 15, 2013 at 00:15:35

Beyond Medicaid--How the Affordable Care Act Will Change Mental Health Treatment--and some helpful Apps for further research

Posted on June 15, 2013
This is a helpful article from a mental health perspective about how the Affordable Care Act will change mental health treatment. Given the volume of material health lawyers need to review about not just law directly but also health policyFor...

Breaking News - Supreme Court Rules Human Genes May Not Be Patented

Posted on June 13, 2013
According to a news release by the NYT: Human genes may not be patented, the Supreme Court ruled on Thursday. The case concerned patents held by Myriad Genetics, a Utah company, on genes that correlate with increased risk of hereditary...

Tax credit litigation on the move

Posted on June 13, 2013
For those of you who thought we could forget about ongoing ACA litigation, here's a little update: the issue of premium assistance through tax credits for insurance purchased in federal exchanges is alive and well. The plaintiffs in the recently...

Guest Blogger Professor Jessie Hill - Regulating Reasons:The ACLU Challenges Arizona?s Ban on Sex- and Race-Selective Abortion (Part I)

Posted on June 12, 2013
In my earlier post on the ACLU lawsuit challenging the Arizona state law that criminalizes performing an abortion for race-selection or sex-selection, I discussed the plaintiffs? choice to pursue an equality claim, rather than a privacy claim. There is also...

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In Reversal, Obama to End Effort to Restrict Morning-After Pill

Posted on June 10, 2013
The New York Times reports that [t]he Obama administration has decided to stop trying to block over-the-counter availability of the most popular morning-after contraceptive pill for all women and girls, a move fraught with political repercussions for President Obama...

Looking Ahead to the Supreme Court's Remaining Health Law Related Cases

Posted on June 10, 2013
Although it's probably true that with some imagination every Supreme Court decision could be related back to some aspect of Health Law, today's Post (which, yes, was supposed to be up Friday) is intended to highlight the as yet unreleased...

Guest Blogger Professor Jessie Hill - Regulating Reasons:The ACLU Challenges Arizona?s Ban on Sex- and Race-Selective Abortion (Part I)

Posted on June 07, 2013
As a long-time lurker on the HealthLawProf Blog, I want to thank Katharine Van Tassel for inviting me to guest blog during the month of June. My scholarship and primary interest are at the intersection of health law and constitutional...

A Ruling from the 5th Circuit: Pregnancy and Breastfeeding ARE Related

Posted on June 05, 2013
A case from the employment discrimination world that might be of interest to health law folks is EEOC v. Houston Funding II, Ltd., 2013 U.S. App. LEXIS 10933 (May 30, 2013). The employee in the case, Donnicia Venters, was told...

Introducing Guest Blogger Professor Jessie Hill

Posted on June 03, 2013
HealthLawProf Blog is honored to introduce Professor Jessie Hill, BA 1992 (Brown), JD 1999 (Harvard), as our guest blogger for the month of June. Professor Hill is the Associate Dean for Faculty Development and Research and the Laura B. Chisolm...

Guest Bloggers Mary Ann Chirba and Alice A. Noble - Our Bodies, Our Cells: FDA Regulation of Autologous Adult Stem Cell Therapies

Posted on June 01, 2013
Stem cells have been an endless source of fascination and controversy since Dolly the sheep was cloned in 1996. This month?s announcement of a cloned human embryo from a single skin cell [1] came on the heels of Sir John...

Are Health Care Providers Deliberately Misunderstanding HIPAA--And if So What You Can Do About it?

Posted on May 31, 2013
Ever since HIPAA was implemented in 2002, it has been used by health care providers to make life more difficult for patients by preventing their family members from being with them in care areas and by refusing to share information...

ACA Final Rule on Wellness Plans

Posted on May 30, 2013
On May 29th, HHS issued the final rule governing wellness incentives in group health plans. While the incentives themselves are not a surprise, the scope they are given is worthy of ongoing attention. Wellness incentives have been controversial because of...

Indiana's second petition for certiorari denied

Posted on May 29, 2013
The Supreme Court will not be hearing Indiana's argument that it can deny governmental funding to healthcare providers who perform abortions. The Seventh Circruit had held that Indiana's prohibition on government funding was an impermissible limitation on Medicaid's free choice...

DNA Art

Posted on May 27, 2013
According to an article in the NYT, an artist has collected DNA samples from litter on sidewalks, such as chewing gum and cigarette butts, and used those samples to extract and sequence DNA that she then used to make computer...

Lessons About Medical Error Learned Watching I Love Lucy.

Posted on May 25, 2013
It's no secret that the night staff of a hospital are both over-worked and over-tired. Nor is it any secret that many medical errors occur at night. But until we look at the totality of the human factors making up...

Guest Bloggers Mary Ann Chirba and Alice A. Noble - A Decade's Quest for Safer Drugs: Congressional Committee Green Lights Regulation of Drug Supply Chains and Compounding Manufacturers

Posted on May 24, 2013
On May 22. 2013, the Senate Health, Education, Labor and Pensions unanimously approved S.959, ?The Pharmaceutical Compounding Quality and Accountability Act,? and S.957, ?The Drug Supply and Security Act,? ( now incorporated into S. 959 as an amendment)...

Evidenced Based Practice: When will Law Catch up with Medicine?

Posted on May 18, 2013
Two widely reported studies this week about bed rest for women at risk of preterm delivery and reduction of salt consumption in order to promote heart health highlight two things we don?t think about enough?that a lot of standard medical...

HIPAA and the Medical Records of Deceased Nursing Home Patients

Posted on May 16, 2013
Warning: some of this post is HIPAA-wonky. But read on: the punch line is that HIPAA does not protect the living or the dead from blanket release of medical records to their personal representatives?unless state law provides otherwise or patients...

Guest Bloggers Professors Alice A. Noble and Mary Ann Chirba - The ACA?s Tobacco Use Rating: Implementation, Inconsistencies and Ironies

Posted on May 16, 2013
As the Affordable Care Act continues toward full implementation, the law?s complexity is on full display. As we have noted in earlier writings, the ACA continues the federal tradition of using a fragmented approach to allocating oversight responsibilities among federal...

Hospital Billing Varies Wildly, Government Data Shows

Posted on May 14, 2013
Coming right on the heels of the story by Steven Brill, Why Medical Bills are Killing Us, Time (March 4, 2013), the federal Centers for Medicare and Medicaid Services released the data for 3,300 hospitals that covers bills submitted from...

Remembering the Bad Old Days of HIV/AIDS Exceptionalism--and How News from Kansas, an HBO Documentary, and Dancing with the Stars Can Teach Students To See it When it Happens Again

Posted on May 11, 2013
The controversy in Kansas over Sub HB 2183, which was passed into law on April 17th, 2013, puts me in mind of how difficult it is to explain the period of time when "aids specific" laws emerged. My purpose in...

ACA Medicaid Expansion and Private Insurance

Posted on May 10, 2013
Among the many states with Republican governors balking at taking federal money for the ACA Medicaid expansion, a few such as Arkansas and Ohio are exploring a compromise with HHS: use Medicaid expansion money to purchase coverage through health exchanges...

More to come on � 1983 and Medicaid's remedy problem

Posted on May 09, 2013
With millions of new enrollees poised to enter the Medicaid program in 2014, Medicaid's remedy quandry will become a more pressing issue. The Medicaid Act contains no obvious remedy for Medicaid providers or Medicaid beneficiaries when states fail to deliver...

Publication of Symposium Issue - Capacity, Conflict, and Change: Elder Law and Estate Planning Themes in an Aging World

Posted on May 07, 2013
The 2012-13 Symposium Issue of the Penn State Law Review Capacity, Conflict, and Change: Elder Law and Estate Planning Themes in an Aging World is now available on-line. This Symposium Issue arose out of collaboration between two sections of the...

Guest Bloggers Mary Ann Chirba and Alice A. Noble - Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity?

Posted on May 07, 2013
Given the ambitions and reach of the Affordable Care Act, confusion about its intended and inadvertent impact is inevitable. Since its enactment in 2010, the ACA has raised legitimate and less grounded concerns among various stakeholders ranging from individuals and...

The Ohio State University Moritz College of Law Welcomes New Health Law Faculty Members Micah Berman and Efthimios Parasidis

Posted on May 06, 2013
The Ohio State University Moritz College of Law welcomes two new health law faculty members, Professors Micah Berman and Efthimios Parasidis. A big Ohio welcome to both! Here are their short bios: Micah Berman?s expertise is in public health law...

Petrie-Flom Conference on the FDA--and Transparency of Clinical Trial Data

Posted on May 06, 2013
This year's Petrie-Flom Conference was devoted to the FDA in the 21st Century. If the distribution of conference papers is any harbinger, it appears likely that food is and will continue to play a diminishing role in the agency's future....

Subscribing to HealthLawProf Blog

Posted on May 06, 2013
We offer several ways to have HealthLawProf Blog content automatically delivered to your computer, tablet, or smart phone: RSSFeeds: You can subscribe to our feed to receive HealthLawProf Blog posts via your RSS reader, by going here. Email: You can....

Introducing Guest Bloggers Mary Ann Chirba and Alice Noble

Posted on May 05, 2013
The HealthLawProf Blog is very proud to introduce its guest bloggers for the month of May, Professors Alice Nobel and Mary Ann Chirba of the Boston College Law School. Here are their short bios: Professor Alice A. Noble is a...

SSRN Top Ten Health Law Downloads Between March 2 and May 1, 2013

Posted on May 01, 2013
The following are the top ten SSRN downloads for Health Law for the period between March 2 and May 1, 2010: Rank Downloads Paper Title 1 941 Why Did Law Professors Misunderestimate the Lawsuits against PPACA? David A. Hyman, University...