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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

Professor Tribe on SCOTUS and Health Reform

Posted on February 08, 2011
Essential reading here.

Announcing a Partnership Between the Law, Medicine and Healthcare Section of the American Association of Law Schools and the Health Law Prof Blog

Posted on February 07, 2011
Joan Krause (University of North Carolina School of Law), the Chair of the Law, Medicine and Healthcare Section of the American Association of Law Schools sent out this announcement to the members of the Section recently: In an effort to...

Walsh on Lack of Subject Matter Jurisdiction over Health Care Reform Challenges

Posted on February 06, 2011
Professor Kevin Walsh (Richmond) has posted on SSRN his essay, The Ghost that Slayed the Mandate. Here?s the abstract: Virginia v. Sebelius is a federal lawsuit in which Virginia seeks the invalidation of President Obama?s signature legislative initiative of healthcare...

Push to Repeal ObamaCare's 1099 Requirement Ignores Tax-Gap Problem

Posted on February 05, 2011
Hat Tip to Paul Caron over at TaxProf Blog for highlighting an article posted on Bloomberg entitled Push to ?Correct? IRS Small Business Rule Ignores Tax-Gap Data, by Ryan J. Donmoyer: A year ago, Congress had instructed the Internal Revenue...

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Is there a Middle Ground between Concierge Care and the Doc in the Box?

Posted on February 04, 2011
Concierge (or retainer-based) care is relatively well-known. For a four or five figure retainer plus 'cash only' at the time of visit the patient gets 24x7 care, patient-focused technologies, and access to a practice with fewer patients (as described here...

So Much for P4P, Jury out on Safer Patients Initiative

Posted on February 04, 2011
Post-election healthcare angst is not limited to the US. The proposed reforms in the UK are complex but involve market-based reforms and drastic cuts in bureaucracy, as described here. But, while the wonks debate the impact of the reforms we...

Reading the Tea Leaves in Vinson's Ruling

Posted on February 03, 2011
NYT reporter Kevin Sack notes that Judge Vinson tips his hand in his health care ruling by referencing, out of the blue, colonial tea policy. This isn't dog-whistle opinion writing, but red meat for those with a certain vision of...

Todres: Moving Upstream: The Merits of a Public Health Law Approach to Human Trafficking

Posted on February 03, 2011
Jonathan Todres (Georgia State University College of Law) has posted "Moving Upstream: The Merits of a Public Health Law Approach to Human Trafficking" in the North Carolina Law Review. Here is the abstract: Human trafficking, a gross violation of human...

Rodwin: Conflicts of Interest and the Future of Medicine

Posted on February 03, 2011
Marc Rodwin (Suffolk University Law School) has published a new book, Conflicts of Interest and the Future of Medicine with Oxford University Press. Here is an over view: Conflicts of interest result from physicians practicing medicine as entrepreneurs, from physicians?ties...

Dr. Blumenthal to step down from leading ONC

Posted on February 03, 2011
Dr. David Blumenthal is stepping down from his post as the National Coordinator of HIT (ModernHealthcare). This seems to be a surprise decision although Blumenthal himself reportedly said that his decision to return to Harvard University this Spring had been...

Worth Reading This Week

Posted on February 02, 2011
Does Sorry Work? The Impact of Apology Laws on Medical Malpractice, Benjamin Ho, Cornell University - Johnson School of Management & Elaine Liu, University of Houston Can Health Law Truly Become Patient-Centered? Joan H. Krause, University of North Carolina (UNC)...

Throwing the Individual Mandate Under the Bus?

Posted on February 02, 2011
Kaiser Health News has posted useful summaries of the editorial and news pages' reaction to Judge Vinson's ruling. As is so often the case Ezra Klein's comments stand out. Most of his piece discusses the economic 'activity'/'inactivity' arguments. But, his...

Introducing Our Fourth and Final New Co-Editor, Frank Pasquale

Posted on February 02, 2011
Our new blogging team is now up and running with the welcome addition of our fourth and final new Co-Editor, Frank Pasquale. Here is his bio: Frank Pasquale is Schering-Plough Professor in Health Care Regulation and Enforcement at Seton Hall...

Introducing Our Third New Co-Editor, Mary Munson

Posted on February 01, 2011
You may have already noticed several posts from the third new member of Health Law Prof's new blogging team, Mary Munson. Ms. Munson is the Executive Director of the Graduate Program in Environmental Sustainability at the St. Thomas University School...

FAO Report Identifies Health Threats that Effective Fisheries Regulation Might Address

Posted on February 01, 2011
Yesterday, the United Nations Food and Agriculture Organization released a report, the State of the World's Fisheries and Aquaculture. It emphasizes the increasing importance of fish to global diets and highlights how global fish stocks continue to decline, as 32%...

It Isn't Easy Being NICE

Posted on January 31, 2011
In late October, the UK announced its intention to rein in what many observers viewed as a model for the sensible rationing of health care. For nearly a decade, the National Institute of Health and Clinical Excellence (NICE) had employed...

Introducing the Second of Our New Co-Editors, David Orentlicher

Posted on January 31, 2011
Health Law Prof extends a big welcome to the second of our new Co-Editors, Professor David Orentlicher. Here is Professor Orentlicher's bio: David Orentlicher, MD, JD, is visiting professor at the University of Iowa College of Law. He holds permanent...

Introducing the First of Our New Co-Editors, Nicolas P. Terry

Posted on January 31, 2011
This week Health Law Prof is very proud to begin the introductions of the four new members of our new blogging team. Today, you will notice several entries from Professor Nicolas P. Terry. Soon, you will see our masthead change...

Prescriber Data Aggregation Goes Mainstream

Posted on January 31, 2011
Thanks to a recent Los Angeles Times editorial, Your Rx or your privacy, the somewhat esoteric world of prescribing data aggregation shows signs of going mainstream. If you've been following the litigation you'll know that Maine, New Hampshire and Vermont...

And the score is 2-2?

Posted on January 31, 2011
I suspect that many of you view the district court opinions alternatively upholding or striking down the Affordable Care Act to be similar to the hockey season; of only passing interest until the playoffs begin in the Supreme Court in...

Kaplan: The Impact of ObamaCare on Older Americans

Posted on January 28, 2011
Richard L. Kaplan (Illinois) has published Analyzing the Impact of the New Health Care Reform Legislation on Older Americans, 18 Elder L.J. 213 (2011). Here is the abstract: This Article analyzes the impact on older Americans of the major changes...

Rates for Elective C-Sections Soar In Some Areas Ignoring Best Practices and Creating Surgical Signatures

Posted on January 27, 2011
A new study reports that the rates of elective c-section surgeries for no valid medical reason have soared to upwards of 40% in some hospitals in some areas, ignoring the risks associated with this choice to the mother and baby....

Global progress on clean water and sanitation

Posted on January 25, 2011
Improving access to safe drinking water and good sanitation is an international priority, and progress is unfolding due to cooperation sparked by the sustainable development movement. In September 2000 United Nations Millennium Declaration was approved, committing signatories a new global...

Why Don't Beer, Wine and Alcohol Have Nutrition Fact Labels?

Posted on January 23, 2011
A flurry of articles published this week highlighting a long-time movement to mandate nutrition labeling on alcohol (hat tip to Doug Ray) raises the question, 'why don't beer, wine and alcohol have nutrition fact labels?' This question appears to be....

House Deals Symbolic Blow By Voting to Quash Health Reform

Posted on January 20, 2011
H.R. 2, legislation to repeal the health care reform law of 2010, was approved by a 245-189 vote in the House on Jan. 19, 2010. BNA reports that [w]hile the bill is not expected to advance in the Senate, its...

Seton Hall Law School and Graduate Institute of International and Development Studies to Offer Executive Course in Intellectual Property and Global Public Health in Geneva, Switzerland

Posted on January 19, 2011
Intellectual property issues have come to play an increasingly important role in discussions of national and global health problems. Yet, individuals whose primary expertise is health or diplomacy may find these discussions inaccessible because they lack a sufficient understanding of...

Compensating victims of environmental disasters

Posted on January 18, 2011
The Gulf of Mexico oil spill and British Petroleum?s quick efforts to pay for clean-up and compensation for victims may lead many people to falsely conclude that national and international laws operate effectively to make the polluter pay for harm....

99% of Pregnant Women in US Test Positive for Multiple Chemicals, Including Banned Ones

Posted on January 17, 2011
A new study suggests that virtually all pregnant women in the United States have a chemical stew in their bodies which includes some chemicals that have been banned since the 1970s and other chemicals that are known to have negative...

House Vote to Repeal Health Care Law Postponed in Wake of Shooting

Posted on January 12, 2011
There has been a delay in the House vote to repeal the health care reform law in the wake of the shooting Jan. 8 that critically wounded Rep. Gabrielle Giffords (D-Ariz.). BNA reports that the House will take up a...

Strategy to Engage the Health Sector in Controlling Adverse effects of Chemicals: Comments Due January 17, 2011

Posted on January 11, 2011
The international community continues to seek ways to improve the sound management of chemicals in order to protect human health. One of the pressing issues is to effectively engage the health care sector ? doctors, caregivers, government health ministries and...

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