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Health Law

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

Naughty or Nice? Quality-Based Reimbursement in Action

Posted on February 24, 2011
Maryland seems to be ahead of PPACA on some quality improvement fronts. The state's Health Services Cost Review Commission operates under a CMS waiver and exclusively sets rates for Maryland hospitals. The Commission uses quality-related measures across three initiatives, Process...

Third Judge Finds New Healthcare Law's Individual Mandate Constitutional

Posted on February 23, 2011
For Those Keeping Score: The WSJ reports that U.S. District Court Judge Gladys Kessler is the third U.S. trial judge to hold that Congress was within its constitutional authority to regulate interstate commerce when it chose to penalize people who...

House of Representatives Votes to Cut Environmental Programs

Posted on February 22, 2011
The House voted for a Continuing Resolution on Friday that would seriously undermine environmental protections if the Senate fails to counter it effectively. H.R.1 reflects a decrease of $100 billion from the President?s FY 2011 budget. It includes a 30%...

The Price of Privacy

Posted on February 22, 2011
Ever since the HITECH Act (42 U.S.C. 1320d?5, here) toughened up HIPAA enforcement and Secretary Sibelius consolidated security and privacy enforcement in the Office of Civil Rights we have been anticipating a "statement" case. Maybe that day has come...

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Camille Nelson: "Racializing Disability, Disabling Race: Policing Race and Mental Status"

Posted on February 21, 2011
Camille Nelson, Dean and Professor of Law at Suffolk University School of Law, posted "Racializing Disability, Disabling Race: Policing Race and Mental Status" on SSRN. Here is the abstract: This article focuses on police practices in arresting and detaining criminal...

Conscience Clauses and Health Care

Posted on February 21, 2011
The U.S. Department of Health and Human Services announced its new rule regarding health care and conscience clauses. The new rule replaces a rule issued in 2008. It ensures that the law protects health care providers who object to performing...

Data Segmentation

Posted on February 20, 2011
We continue to see the tensions in patient data protection play out in new and interesting ways. For example, as HHS continues to study the comments from its HITECH-authorized lock-down of HIPAA Privacy NPRM, available here, the White House's OSTP...

Recording the Beginning of Life

Posted on February 20, 2011
Monty Python's Miracle of Birth, the opening sketch from The Meaning of Life (and an inspiration for my work), ends with a fake doctor (played by a real doctor) instructing the new mother, "So, it's lots of happy pills for...

Worth Reading This Week

Posted on February 20, 2011
Richard J. Bonnie, James S. Reinhard, Phillip Hamilton, & Elizabeth L. McGarvey, Tragedy and Mental Health System Transformation in Virginia, SSRN Dayna B. Royal, The Skinny on the Federal Menu-Labeling Law & Why it Should Survive a First Amendment Challenge,...

Terry Carney: "Mental Health Tribunals as Governance: Lessons from an Australian Study?"

Posted on February 20, 2011
Terry Carney, Professor at the University of Sydney Law School, posted "Mental Health Tribunals as Governance: Lessons from an Australian Study?" on SSRN: This article draws on a multi-year Australian collaborative study of mental health review tribunals in three jurisdictions...

What Public Health Can Teach Internet Security Experts

Posted on February 17, 2011
The tech industry is always promising a "new Messiah" to cure what it sees as a backward health sector. I've tried to make the case that internet firms can learn something from health care (here and here). So I was...

Jennifer Prah Ruger: "Shared Health Governance"

Posted on February 17, 2011
Jennifer Prah Ruger, Associate Professor at Yale University School of Medicine, posted "Shared Health Governance" on SSRN: In Health and Social Justice I developed the 'health capability paradigm,' a conception of justice and health in domestic societies...

Most disagree with defunding of health care reform

Posted on February 17, 2011
According to a CBS News Poll 55 percent of Americans disapprove of the plan to cut off funding and 35 percent approve. "Among Republicans, approval rises to 57 percent. Forty-nine percent of independents disapprove, and 38 percent approve? Overall, Americans...

Mark Rienzi: "The Constitutional Right to Refuse: Roe, Casey, and the Fourteenth Amendment Rights of Healthcare Providers"

Posted on February 16, 2011
Mark Rienzi, Assistant Professor at Catholic University of America - Columbus School of Law, posted "The Constitutional Right to Refuse: Roe, Casey, and the Fourteenth Amendment Rights of Healthcare Providers" on SSRN: The Fourteenth Amendment rights of various parties in...

Expansion of the Government Provision of Health Care and Individual Rights: Panacea or Pandora?s Box?

Posted on February 16, 2011
?The proposal that promoting and protecting human rights is inextricably linked to the challenge of promoting and protecting health derives in part from recognition that health and human rights are complementary approaches to the central problem of defending and advancing...

Margaret Gilhooley: "Drug User Fees, Health Priorities, Politics, the Deficit and Reform Directions"

Posted on February 15, 2011
Margaret Gilhooley, Professor Emeritus at Seton Hall Law School, posted "Drug User Fees, Health Priorities, Politics, the Deficit and Reform Directions" on SSRN: The Food and Drug Administration now depends on user fees paid by drug companies to support more...

Protecting Public Health and Welfare against Greenhouse Gases Hits a Snag

Posted on February 15, 2011
Last week, Republican leaders made it clear that the Environmental Protection Agency (EPA) will not have an easy time with proposals to regulate carbon dioxide and other greenhouse gas (GHG) emissions. At a congressional hearing on Wednesday, EPA Administrator Lisa...

Where your health (and other) dollars go...

Posted on February 14, 2011
This week's candidate for the must-show graphic for your health law class. Available here is an excellent New York Times chart breaking down the proposed federal budget. The enormity of the health budget is dramatic, but you can also zoom...

P.S.R. Murthy: "Health Care System in Tribal Areas ? An Insight (With Reference to Andhra Pradesh State, India)"

Posted on February 14, 2011
P.S.R. Murthy has posted "Health Care System in Tribal Areas ? An Insight (With Reference to Andhra Pradesh State, India)" on SSRN: Indian Tribals are traditional, conservative and under-privileged people. They are socially and economically weaker and also under abject...

As Montana Goes, So Goes the Country?

Posted on February 14, 2011
The Montana state legislature has taken up two important patient liberty questions this session. May physicians provide aid in dying (also described as physician assisted suicide) to terminally ill persons? May marijuana be used for medical purposes? In December 2009,...

Paul Fronstin: "Employer and Employee Reactions to Health Reform: Findings From the 2010 EBRI/MGA Consumer Engagement in Health Care Survey and the 2010 SHRM Organizations? Response to Health Care Reform Poll"

Posted on February 12, 2011
Paul Fronstin, Director of the Health Research & Education Program at the Employee Benefit Research Institute has posted "Employer and Employee Reactions to Health Reform: Findings From the 2010 EBRI/MGA Consumer Engagement in Health Care Survey and the 2010 SHRM...

Three Perspectives on Retained Objects

Posted on February 11, 2011
Adverse events involving retained objects continue to attract discrete judicial treatment and major investment in amelioratory processes. Three recent cases or reports are illustrative. First, the problem seems to be a stubborn one. Minnesota's adverse events reporting statute continues to...

Worth Reading This Week

Posted on February 11, 2011
Mark Hall, Clearing Out the Underbrush in Constitutional Challenges to Health Insurance Reform, NEJM, February 2, 2011 (subscription) Margaret Gilhooley, Drug User Fees, Health Priorities, Politics, the Deficit and Reform Directions, (SSRN) Benjamin D...

Exploitations of Immortality

Posted on February 10, 2011
Rebecca Skloot's remarkable book The Immortal Life of Henrietta Lacks has quite a following among health lawyers. As an excerpt from the book explains, Henrietta Lacks was a poor Southern tobacco farmer who worked the same land as her slave...

Virginia Seeks Direct High Court Review of PPACA Challenge

Posted on February 09, 2011
BNA reports: Virginia Attorney General Kenneth T. Cuccinelli II (R) announced Feb. 9 that the state has filed a petition for direct review by the U.S. Supreme Court of a key decision on the validity of the Patient Protection and...

Tanning Tax: Vanity Tax or Public Health Measure? An Exercise in Human Rights Protection

Posted on February 09, 2011
Frank Pasquale, one of the recent additions to our new blogging team here at the Health Law Prof Blog, raises an interesting question in an entry he posted over at Concurring Opinions: I have previously blogged in favor of a...

Call For Abstracts - 139th American Public Health Association Annual Meeting

Posted on February 09, 2011
Call for Abstracts - 139th APHA Annual Meeting (October 29 - November 2, 2011). The theme is "Healthy Communities Promote Healthy Minds & Bodies." The submission deadline is Friday, February 11, 2011. Health Law Special Primary Interest Group (SPIG) sessions...

School Lunches and Childhood Obesity

Posted on February 08, 2011
The New York Tiimes reports on a recent study that provides additional support for the new school lunch guidelines that are required by The Healthy, Hunger-Free Kids Act of 2010. Researchers in Michigan found that children who eat the school...

Records Transparency and the Continuing DoD/VA Disconnect

Posted on February 08, 2011
Between them the Department of Defense and the Department of Veterans Affairs annually provide almost $100 billion of healthcare. They stand apart from most US healthcare entities because of their size, vertical integration, and enthusiastic adoption of HIT (in particular...

U.S. Senate Holds Long Overdue Hearing on Reform of Toxics Act

Posted on February 08, 2011
Last Thursday, the U.S. Senate Environment and Public Work Committee?s Superfund, Toxics and Environmental Health Subcommittee held a hearing on "Assessing the Effectiveness of U.S. Chemical Safety Laws." The purpose was to hear about suggestions to amend and improve the...

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