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Health Law

Health Law Prof Blog Health Law Prof Blog

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

Post Frequency: 12.8/day

Last Entry: April 01, 2011 at 15:38:27

Recent Entries: 1192

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Worth Reading This Week

Posted on April 01, 2011
Brian Eller, Promoting Innovation in the Pharmaceutical Industry by Expanding the FDA?s Regulatory Powers to Grant Market Exclusivity, SSRN Jane Yakowitz, Tragedy of the Data Commons, SSRN David M. Studdert et al, Relationship between Quality of Care and Negligence Litigation...


Tribe, Barnett and Fried Debate the Constitutionality of the Obama Health Care Reform

Posted on April 01, 2011
A very lively debate was recently held at the the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School with leading constitutional scholars Randy Barnett, Charles Fried and Larry Tribe on whether the Obama Health Care...


Prosecutors and Pregnancy

Posted on April 01, 2011
Imagine your daughter is pregnant and living with her partner, the father-to-be of the child. Her partner leaves her, and your daughter becomes severely depressed. Driven to despair, she attempts suicide by swallowing rat poison. Doctors are able to save...


After Makena: Could a Risk Corridors Approach Balance Incentives and Access?

Posted on March 31, 2011
The past few weeks have been worrying ones for expectant mothers who wanted a hormonal treatment designed to stop preterm births. As Rob Stein of the WaPo explains, A form of progesterone known as 17P was used for years to...


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County Health Rankings Show That There Is More to Health Than Health Care

Posted on March 31, 2011
The Robert Wood Johnson Foundation and the University of Wisconsin released the new County Health Rankings today. The model for the rankings " is grounded in the belief that programs and policies implemented at the local, state, and federal levels...


Your ACO Primer Links

Posted on March 31, 2011
The ACO regulations are here. The DOJ/FTC proposed policy statement on antitrust is here. The HHS/OIG proposed rule is here. Finally, the New England Journal has published a commentary by Dr. Berwick, here. [NPT]


Blocking Implementation of the Patient Protection and Affordable Care Act (PPACA)

Posted on March 30, 2011
Politico reports on successful efforts at the state level by health care law opponents to block creation of health insurance exchanges. Of course, if the states do not set up exchanges, then the federal government will do it for them....


Biosafety Protocol Improving with Age

Posted on March 30, 2011
The Secretariat of the Convention on Biological Diversity (CBD) has released the eighth issue of "Biosafety Protocol News." It commemorates the 10th anniversary of the adoption of the Cartagena Protocol on Biosafety, the treaty governing the movements of living modified...


They're Coming! The ACO Regulations are Coming!

Posted on March 30, 2011
We were promised the Accountable Care Organizations regulations before the end of March. That means this week, and rumors are flying about their bulk. Politico reports, here, that we may be staring at 1000 pages of regulations and that we...


Ronen Avraham, Market Solutions, and Practice Guidelines

Posted on March 29, 2011
Ronen Avraham (Texas) discussing malpractice reform and clinical practice guidelines in today's NYT, available here. Instead of nonprofit groups producing free guidelines, or insurance companies producing ones that serve their own interests, the government should require health care providers to...


Voluntary Enrollment Strategies

Posted on March 28, 2011
The GAO has issued a new letter report, available here, that addresses strategies for encouraging voluntary health insurance enrollment (i.e., leaving on one side PPACA issues such as the individual mandate and insurance industry regulation). Based on interviews with analysts...


Gaia Bernstein: ""Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information"

Posted on March 27, 2011
Gaia Bernstein, Associate Professor of Law at Seton Hall University School of Law, posted "Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information" on SSRN: Traditionally, the practice of genetic testing was governed by the Diagnostic Paradigm...


John Petrila & Corine De Ruiter: "The Competing Faces of Mental Health Law: Recovery and Access versus the Expanding Use of Preventive Confinement"

Posted on March 27, 2011
John Petrila, Profesor at the University of South Florida, and Corine De Ruiter posted "The Competing Faces of Mental Health Law: Recovery and Access versus the Expanding Use of Preventive Confinement" on SSRN: Mental illnesses are an enormously important public...


Richard J. Bonnie: "Responsibility for Addiction"

Posted on March 27, 2011
Richard J. Bonnie, Professor of Law at the University of Virginia School of Law, posted "Responsibility for Addiction" on SSRN: Taking as its starting point the characterization of addiction as a "brain disease" by the nation?s leadership in public health...


Robert A. Mikos: "A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana"

Posted on March 26, 2011
Robert A. Mikos, Professor of Law and Co-Director of the Program of Law and Government at Vanderbilt University Law School, posted "A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana" on SSRN: The Obama Administration has...


Raghav Gaiha, Raghbendra Jha & Vani S. Kulkarni: "Child Undernutrition in India"

Posted on March 26, 2011
Raghav Gaiha, Raghbendra Jha, and Vani S. Kulkarni posted "Child Undernutrition in India" on SSRN: We have constructed a composite indicator of anthropometric failure (CIAF) that refines the Waterlow-3 tier classification, using a recent nation-wide household survey...


Victoria Lazariu, Chengxuan Yu & Craig Gundersen: "Forecasting Women, Infants, and Children Caseloads: A Comparison of Vector Autoregression and Autoregressive Integrated Moving Average Approaches"

Posted on March 26, 2011
Victoria Lazariu, Chengxuan Yu and Craig Gundersen posted "Forecasting Women, Infants, and Children Caseloads: A Comparison of Vector Autoregression and Autoregressive Integrated Moving Average Approaches" on SSRN: Under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), each...


Tom Baker: "Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act"

Posted on March 25, 2011
Tom Baker, Professor of Law at University of Pennsylvania Law School, posted "Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act" on SSRN: This essay explores the new social contract of healthcare solidarity through private ownership,...


Jinkook Lee: "Data Sets on Pensions and Health: Data Collection and Sharing for Policy Design"

Posted on March 25, 2011
Jinook Lee, Senior Economist at RAND Corporation, posted "Data Sets on Pensions and Health: Data Collection and Sharing for Policy Design" on SSRN: A growing number of countries are developing or reforming pension and health policies in response to population...


Securities Law Case Helps Increase FDA Authority to Monitor Post-Market Adverse Events

Posted on March 25, 2011
The Supreme Court?s unanimous decision in Matrixx Initiatives Inc. v. Siracusano, No. 09-1156 that the makers of Zicam had to inform investors of information that its product caused permanent damage to some users? sense of smell even though that information...


Worth Reading This Week

Posted on March 25, 2011
Jeffrey Kahn & Douglas Kahn, Free Rider ? A Justification for Mandatory Medical Insurance Under Health Care Reform? Michigan Law Review First Impressions/SSRN June Carbone, Negating the Genetic Tie: Does the Law Encourage Unnecessary Risks? UMKC L.Rev...


If only Apple made EMRs

Posted on March 25, 2011
You don't need to be a geek to appreciate the value proposition of or to operate an iPad. In fact the opposite seems to be true, and may explain the incredible success of the device and its ecosystem. Most people...


Do Calorie Counts Matter?

Posted on March 23, 2011
In a provocative piece, Nicholas Bagley questions whether the new calorie count rules will help in the effort to reduce obesity in the United States. A provision in the Patient Protection and Affordable Care Act (Section 4205) requires chain restaurants...


Japan's Nuclear Crisis and International Law

Posted on March 22, 2011
One of the best sources for information about the radiation leaks coming from reactors in Japan is being generated by the International Atomic Energy Association (IAEA), the international body overseeing nuclear energy activites based in Vienna. Today?s update indicates that...


Doctors Wary of New IT

Posted on March 18, 2011
The Washington Post recently featured Lena Sun's reporting on why many physicians are wary of adopting an electronic medical records system. As noted in the piece, Many are aware that beginning this year, health-care professionals who effectively use electronic records...


Adverse Hospital Action But No State Discipline?

Posted on March 18, 2011
The common law implications for institutions failing to disclose adverse results associated with individual physicians were recently discussed here. But what are the downstream results when institutions do take action against physicians with clinical privileges? The answer provided in the...


Worth Reading This Week

Posted on March 18, 2011
Paul M. Secunda, The Forgotten Employee Benefit Crisis: Multiemployer Plans on the Brink, SSRN Robert A. Mikos, A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana, SSRN/Stanford Law & Policy Rev. Lawrence O. Gostin, Peter D...


From Guest Blogger Jennifer S. Bard: What Law Students Don?t Understand About The Us News Rankings, How It Can Hurt Them and What We as Law Professors Can Do About it.

Posted on March 18, 2011
The US news rankings came out today and although I promise this won?t reduce the amount of health law blogging I?m going to do, there?s a convergence of events this year that deserves discussion. I think it?s fair to say...


Patrick McKinley Brennan: "The Individual Mandate, Sovereignty, and the Ends of Good Government: A Reply to Professor Randy Barnett"

Posted on March 16, 2011
Patrick McKinley Brennan, Professor of Law at Villanova University School of Law, posted "The Individual Mandate, Sovereignty, and the Ends of Good Government: A Reply to Professor Randy Barnett" on SSRN: Randy Barnett has recently argued that the individual mandate...


Paul M. Secunda: "The Forgotten Employee Benefit Crisis: Multiemployer Plans on the Brink"

Posted on March 16, 2011
Paul M. Secunda, Associate Professor at Marquette University Law School, posted "The Forgotten Employee Benefit Crisis: Multiemployer Plans on the Brink" on SSRN: This article provides a first time look at the numerous challenges facing multiemployer or Taft-Hartley benefit plans...


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