ihlr: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called ihlr.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Law; Note; Supra; Care; Indiana; Review; Court; Patient; Public; States; Information; Act; U.s; Quality; Human; Crisis; Ihlr; Inspect; Torts; Interprofessional; 2.pdf

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

Law

Front Matter by Health Law Review, Indiana (2004) - U..B., University of Dlinois College of Law; LL.M., Georgetown University Law School. DEBORAH McGREGOR, Qinical Associate Professor of Law and Assistant Director of Legal Anal:jsis, Research and CommuniCtltion. B.A.. University of Evansville; J.D., Georgetown University Law School. Keywords: associate; b.a; college; director; health; health law; indiana university; indianapolis; j.d; law; law review; law school; professor; review; school; state; university; university law; university school
History of the Mcdonald-Merrill-Ketcham Memorial Lecture and Award by none (2004) - Miss Ketcham received her bachelor of arts in economics in 1914 and her master of arts in sociology the following year. Miss Ketcham was especially interested in furthering the careers of young medical and law students and instilling in them an appreciation for both professions. Keywords: ketcham; law; medicine; university
Legal and Ethical Considerations in Government Compensation Plans: A Case Study of Smallpox Immunization by Seiler, Naomi; Taylor, Holly; Faden, Ruth (2004) - Compensation programs for public safety officers respond in various ways to this issue. Similarly, government compensation schemes have the potential to minimize unfairness by addressing reparations at a group level, but inequi ties can still occur within and across compensation programs. Keywords: act; case; compensation; events; government; harm; health; immunization; law; note; program; smallpox; smallpox vaccination; states; supra; supra note; vaccination; vaccine; vaccinia; virus; workers
The Vagaries of Informed Consent by Smith, II, George P. (2004) - The notion exists, particularly with elderly patients, that a patient ought to be aware that negotiations are underway. U4 As the population of aging citizens grows, so does the need for such citizens to make pivotal decisions regarding their medical treatment.115 Reality dictates that the capacity of elderly patients to make such decisions is often impaired by a higher incidence and prevalence of chronic brain disease,116 coupled with the burden of coping with numerous other medical afflictions. Keywords: autonomy; care; consent; decision; doctrine; health; law; making; medical; note; patient; pellegrino; physician; standard; supra; supra note; treatment
Prolific Plaintiffs or Rabid Relators? Recent Developments in False Claims Act Litigation by Barber, Keith D.; Honig, David B.; Cooper, Neal A. (2004) - Therefore, under the court's reasoning, any attempt to force a defendant to settle FCA claims by filing a sealed complaint or extending a seal is an abuse of the seal provision under the FCA. These arguments would not be terribly effective, however, for claims filed on or after March 2002, and defendants must find other grounds to refute the new breed of FCA claims of false certification. Keywords: care; case; cir; claims; complaint; court; defendant; discovery; false; fca; fraud; government; health; hospital; law; medicare; relator; seal; stark; states; states ex; statute; supp; time; united; united states
Governance Issues for Nonprofit Healthcare Organizations and the Implications of the Sarbanes-Oxley Act by Troyer, Glenn T.; Jose, David E.; Brashear, Andrea D. (2004) - It will then describe various sources of guidance and standards, as well as enforcement activities, that are stimulating the evolution of corporate governance for nonprofit healthcare organizations. Appreciating the scope of this exposure is conditioned upon an understanding of the state and federal authorities that shape nonprofit healthcare organizations. Keywords: act; attorney; audit; board; community; company; compliance; corporation; directors; federal; general; governance; governing; healthcare; hospital; indiana; interest; law; nonprofit; note; organizations; report; reporting; review; sec; services; soxa; standards; state; supra; tax
Legitimate Expectations, Unreasonable Beliefs, and Legally Mandated Coverage of Experimental Therapy by Pickering Francis, Leslie (2004) - 118 Like Medicare, these state statutes typically mandate coverage for routine costs of patient care: services provided outside a clinical trial as standard care, services provided for drug administration, services provided for disease staging and appropriate clinical monitoring, and services provided to treat side-effects and complications.119 Costs typically not covered are those that are associated with data collection and management, 120 and costs that arguably should be covered if the goal of the statute were to advance medical knowledge. Notably, the district court judge had vehe mently expressed concerns that the lack of federal funding for patients partici pating in clinical trials adversely affected patient care and the development of medicalknowledge.179 Dahl-Eimers may also be unique for the district court's observation of the possible conflict of interest on the part of oncologists seeking to enter patients into studies. Keywords: ann; blue; breast; cancer; care; chemotherapy; code; court; coverage; dose; health; insurance; law; mandates; medical; medicare; new; patients; phase; research; rev; stat; supp; support; therapy; treatment; trials; west
Hospital Liability: Drawing a Fine Line with Informed Consent in Today's Evolving Health Care Arena by Fraser, Shelley S. (2004) - On August 28, 2002, the Pennsylvania Supreme Court, in a split decision, drew a fine line concerning hospital liability for lack of informed consent.3 In a case of first impression, Valles v. Albert Einstein Medical Center, the court held that as a matter of law, a medical facility lacks the control over the manner in which the physician performs his duty to obtain informed consent so as to render the facility vicariously liable. This note will discuss the background and evolution of hospital liability related to the doctrine of corporate liability and the history of informed consent. Keywords: agency; care; consent; control; court; duty; emergency; health; hospital; law; liability; medical; note; patient; physician; procedure; relationship; standards; supra
Front Matter by Health Law Review, Indiana (2005) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. Keywords: associate; b.a; b.s; college; director; health; indiana university; j.d; law; law school; professor; review; school; university; university law; university school
Genetic Discrimination in Health Insurance - Comprehensive Legal Solutions for a (not so) Special Problem? by Rich, Robert F.; Ziegler, Julian (2005) - As genetic discrimination arises from the discriminatory'' use of genetic information, we will examine the sources of this kind ·of information; genetic defects, gene-associated diseases, and the scientific and clinical methods used to detect them. While the requirement to undergo a genetic test, to disclose genetic information, or to pay a comparably higher premium amount than the average applicant for the same policy would also constitute genetic discrimination, it would not constitute unfair genetic discrimination if all these requirements have an actuarial justification. Keywords: analysis; coverage; discrimination; diseases; dna; genetic; gina; group; group health; health insurance; hip; individual; information; insurance coverage; insurers; law; market; medical; note; policy; premium; risk; supra; supra note; testing; use
Creating Human Embryos for Research: A Scientist's Perspective on Managing the Legal and Ethical Issues by Clemmens, Emilie W. (2005) - Due to the recent vintage of scientific advance (and subsequent debate) relevant to human embryo creation or use, few states have developed policy specifically directed at regulating human embryo research in the current context (ex utero). Though neither is currently eligible for federal funding, 4 the former is less ethically charged and has been recommended by all of the federal ethical boards addressing human embryo research thus far. Keywords: cell; cell research; cloning; creation; embryo research; embryonic; embryos; federal; funding; health; human; indiana; ivf; law; medical; note; research; review; stem; supra; use
Of Pills and Needles: Involuntarily Medicating the Psychotic Inmate when Execution Looms by CantorOf Pills and Needles: Involuntarily Medicating the, Julie D. (2005) - [Vol. 2:117 in the neck11 as she screamed, Charles Singleton is killing me[!]12 With a small amount of cash in tow, 13 Singleton left his wounded victim behind. 79 Informed consent, which encompasses the right to choose, accept, or refuse medical treatment, is a core tenet of medical ethics. Keywords: antipsychotic; care; case; court; death; ethics; execution; ford; harper; health; illness; indiana; inmate; insane; interests; law; life; like; medical; medication; mental; note; patient; penalty; physicians; prisoner; psychiatric; punishment; review; right; row; singleton; standard; state; supra; system; time; treatment; trial; u.s; united
Serving Economic Efficiencies or Anticompetitive Purposes? The Future of Group Purchasing Organizations and the Antitrust Safety Zone by Klish, Julie C. (2005) - In their role as intermediaries, there is no question that GPOs have administratively made the hospital supply contracting process more efficient.25 But are the contracting practices that GPOs use assisting a handful of manu facturers in monopolizing product markets within the medical device industry under the guise of efficiency? ill. Among the devices that Applied Medical markets are trocars, a basic instrument used to explore tissues. Keywords: antitrust; arrangements; competition; contracts; court; dealing; exclusive; gpos; group; health; law; manufacturers; market; medical; plaintiff; purchasing; safety; tying; zone
Prenatal Testing Gone Awry: The Birth of a Conflict of Ethics and Liability by Ackmann, Elizabeth A. (2005) - Even if medical malpractice claims are curtailed by legislation in the coming years, the viability'' or quickening1 standards used by many states to block wrongful death claims of a fetus might have to be reevaluated as medical technology effectively moves forward the date when a fetus could be considered viable. Wrongful death claims are not nearly as time consuming on :the courts simply because they do not involve the expansive procedural mandates that accompany medical malpractice claims. Keywords: abortion; case; child; court; death; fetus; health; law; malpractice; medical; physician; pregnancy; prenatal; recovery; states; testing; tort; viability; woman; wrongful
A Chimera in Every Sense: Standard of Care for Physicians Practicing Complementary and Alternative Medicine by Kallmyer, J. Brad (2005) - For example, CAM physicians will not be able to enforce contracts of adhesion, contract out of negligent behavior, or enforce contracts that violate federal or state law.104 · 1. Documentation of Refusal of Conventional Treatment While infonned consent of some sort is usually required before provision of medical treatment, if the treatment is unproven or has been shown to be less effective than the conventional treatment, the consent assumes additional importance. The NIH urges patients to be informed and to take charge of [their] health, but adds that patients should involve their primary care doctor in the treatment plan for their safety.26 This implies the reciproCal: that primary care doctors be involved in their patients' decisions to seek CAM treatment. Keywords: alternative; biomedical; biomedicine; cam; cam treatment; care; case; consent; court; custom; doctor; guidelines; health; health care; house; indiana; law; malpractice; medical; medicine; note; patient; physician; practice; practitioners; review; standard; state; supra; supra note; therapies; therapy; treatment; use; white
Understanding the Disparity in Availability of Prescription Drugs in the United States: Compromise May Be the Answer by Tanner, Natalie J. (2005) - THE DISPARITY IN AVAILABILITY OF PREscRIPTION DRUGS 281 to obtain a compulsory license from the Canadian Commissioner of Patents and use a United States patented process to manufacture a drug in Canada.95 In effect, the compulsory licensing system was facilitating the misappropria tion of United States patents. If the United States government were to make a practice out of compulsory licensing, this would not only weaken United States pharmaceutical patents, but it would also undermine the United States' international stance that other countries must respect United States patents. Keywords: american; canada; companies; costs; drugs; fda; federal; government; health; indiana; law; market; medicare; note; patent; pharmaceutical; prescription; prescription drugs; price; r&d; review; rights; states; supra; supra note; united; united states
Front Matter by Health Law Review, Indiana (2006) - A.B., University of Iowa; J.D., LL.M., George Washington University Law School. LL.B., University oflllinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; college; health; indiana university; j.d; law; law review; law school; ll.m; professor; review; school; state; university; university law; university school
History, Recipients by Health Law Review, Indiana (2006) - Miss Ketcham received her bachelor of arts in economics in 1914 and her master of arts in sociology the following year. Miss Ketcham was especially in~sted in furthering the careers of young medical and law students and instilling in them an appreciation for both professions. Keywords: ketcham; law; medicine; university
Beyond Tort Reform: Fixing Real Problems by Bovbjerg, Randall R. (2006) - A. Liability Insurance The most visible problems in medical liability insurance are its periodic crises-that is, difficulties maintaining availability or affordability of coverage for doctors, hospitals, and other caregivers. Your commentator's career in health law and policy has been enlivened by the opportunity to witness and write about tbree national upheavals in medical liability insurance since the mid-1970s. Keywords: apr; bovbjerg; care; claims; compensation; doctors; health; hospitals; injuries; injury; insurance; law; legal; liability; malpractice; medical; medicine; note; patient; physicians; problems; reform; risk; safety; supra; system; tort
My Father, John Locke, and Assisted Suicide: The Real Constitutional Right by Mitchell, John B. (2006) - 19' Locke's conceptual concern, on the other hand, comes out of the nature of the social contract as a mechanism to protect property.196 The protection of property, which the state insures in the bargain, includes the individual person as well as land and possessions.197 What Locke wanted to prevent was affording any theoretical basis upon which it could be claimed that individuals had ceded to the state the right to arbitrarily kill them as part of the contract.198 Certainty such rights had historically been claimed by absolute despots, and Locke wanted no part in creating a philosophical system which could legitimate such appalling governance.199 See Kim C. Arestad, V acco v. Quill and the Debate over Physician Assisted Suicide: Is the Right to Die Protected by the Fourteenth Amendment?, 15 N. Y.L. SCH. Keywords: analysis; argument; assisted; care; case; civic; constitution; contract; court; cruzan; death; dignity; end; euthanasia; fact; father; glucksberg; government; health; ill; individual; john; law; life; locke; medical; pain; patient; people; person; physician; process; rev; review; right; risk; society; state; suffering; suicide; supra note; supreme; theory; treatment; u.s
Sound Constitutional Analysis, Moral Principle, and WlSe Policy Judgment Require a Clear and Convincing Evidence Standard of Proof in Physician Disciplinary Proceedings by Spece, Jr., Roy G.; Marchalonis, John J. (2006) - The grave risks associated with disciplinary proceedings are such that one might expect that the proceedings would be subject to not just the clear and convincing evidence standard, but the beyond a reasonable doubt standard which is constitutionally required in criminal cases. Although the United States Supreme Court has refused to find that the· mere blending· of functions in state medical boards itself. Keywords: board; burden; court; evidence; interest; law; medical; physicians; preponderance; preponderance standard; proceedings; process; proof; public; risk; standard; state; use
New Governance and Soft Law in Health Care Reform by Trubek, Louise G. (2006) - Prof. Trubek writes extensively on health care law, regulatory reform, public interest lawyering, and clinical legal education. These processes are different from previous understand ings of health care governance. Keywords: approach; care; consumers; coverage; data; governance; government; groups; health; health care; health law; information; june; law; medicaid; new; note; participation; patient; physicians; quality; reform; regulation; review; role; state; supra; system
Duty-to-Warn -Even if it May Be Hearsay? The Implications of a Psychotherapists Duty-to-Warn a Third Person When Information is Obtained From Someone Other Than His Patient by Edwards, Deborah C. (2006) - The Supreme Court applied the same balancing test as the majority of other courts by weighing whether the public and private interests of those protected by the privilege were important enough to outweigh the fundamental maxim of using all available evidence in order to obtain the necessary truths.65 This article begins in Part Two with the general history of privileges and continues with the United States Supreme Court's creation of the psychotherapist-patient privilege in federal court with the Court's decision in Jaffee v. Redmond.14 Part Three discusses the history of the psychotherapist's duty-to-warn a third party from information obtained during the confidential and privileged conversations with the patient. Keywords: cal; court; duty; family; geno; goldstein; health; information; law; member; patient; patient privilege; privilege; psychotherapist; rule; states; threat
Proper Preemption or Contrived Construction?: Why Section 360k(a) of the FDCA Should Not Be Interpreted to Preempt State Common Law Tort Claims by Meek, Travis P. (2006) - TORT CLAIMS Travis P. Meek• INTRODUCTION Pursuant to Section 360k(a) of the Federal Food, Drug, and Cosmetic Act, a state may not impose requirements on a medical device that are different from, or in addition to, the requirements already imposed upon the device by the Federal Food and Drug Administration (FDA).1 While this express preemption provision may appear straightforward on its face, a question remains regarding its effect on state common law tort claims, such as negligence and strict liability, when the device in question has been approved through the FDA's rigorous pre-market approval process. Several courts, such as the Third, Seventh, and Ninth Circuit Courts of Appeals, have concluded that state common law tort claims involving federally approved medical devices are expressly preempted by Section 360k(a) because they represent an attempt to impose state requirements upon medical devices that are different from, or in addition to, federal requirements. Keywords: addition; circuit; claims; congress; court; device; fda; general; hom; law; law claims; medical; pma; preemption; process; requirements; section; state; state requirements; tort; u.s
State Innovation in Health Care: Congress' Broad Spending Power Under a National Health Care System will Stifle State Laboratories of Democracy by Murray, Tammy R. (2006) - The United States Court of Appeals for the Ninth Circuit has ruled that states are free to adopt medicinal marijuana laws so long as itis not sold, transported across state lines or used for nonmedicinal purposes.21 This ruling only applies to the western states in the Ninth Circuit's jurisdiction and has been appealed to the Supreme Court.22 On November 29,2004, the United States Supreme Court heard oral arguments in Ashcroft v. Raic~3 and reversed the Ninth Circuit and held that wholly intrastate, non-commercial cultivation, possession, and use of marijuana in accordance with state law does not place a person beyond the reach of the federal government under the Controlled Substance Act. This was the first time in history that the Controlled Substances Act was used to preempt state law. Keywords: act; care reform; commerce; congress; court; federal; federalism; funds; government; health care; indiana; innovation; issues; law; medical; medicare; national; new; note; policy; power; program; reform; review; spending; states; supra; supra note; u.s; united; united states
Front Matter by Health Law Review, Indiana (2006) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. Keywords: associate; b.a; b.s; college; health; indiana university; indianapolis; j.d; law; law review; law school; professor; review; school; university; university law; university school
Introduction by Kinney, Eleanor D. (2006) - He has published widely in the area of health care law and is co-editor of Uncertain Times: Kenneth Arrow and the Changing Economics of Health Care (Duke University Press, 2003). Dr. Dolinar and Mr. Leininger have researched numerous health care policy topics and written extensively on their findings. Keywords: care; health; indiana; law; pay; performance; professor
William Snyder Hall: In Memorium by Kinney, Eleanor D. (2005) - IN MEMORIUM By Eleanor D. Kinney, JD, MPH HaD Render Professor of Law Indiana University School of Law- Indianapolis The academic program in health law at Indiana University School of Law- Indianapolis has lost one of its best friends, Bill Hall. The Center for Law and Health was named in honor of Bill Hall and his wonderful wife Christine S. Hall just last fall, 2004. Keywords: bill; hall; health; law
History, Recipients by Health Law Review, Indiana (2006) - Miss Ketcham received her bachelor of arts in economics in 1914 and her master of arts in sociology the following year. Miss Ketcham was especially interested in furthering the careers of young medical and law students and instilling in them an appreciation for both professions. Keywords: ketcham; law; medicine; university
Pay-for-Performance: Will it Work in Theory? by Sage, William M. (2006) - First, Medicare is so big that it can produce modal change in health care quality rather than marginal change .. Arlo Guthrie, Alice's Restaurant The title of my lecture about pay for performance in health care (often abbreviated as P4P) echoes a French management saying: It's all very well in practice, but it will never work in theory. Keywords: care; competition; government; health; health care; incentives; information; law; measurement; medical; medicare; medicine; p4p; patient; pay; payment; performance; physicians; practice; providers; quality; theory; work
Aligning Hospital and Physician Incentives in the Era of Pay-for-Performance by Thompson, William H. (2006) - Nonetheless, the employment model continues to be effective today for a number of hospitals as a means to integrate hospital and physician services, including the increased prevalence of the employment of specialty physicians. ALIGNING HOSPITAL AND PHYSICIAN INCENTIVES 343 $500,000 in the case of organizations.46 Convictions under the Anti-Kickback Statute result itt mandatory exclusion from federal health care programs for a minimum of five years. Keywords: care; clinical; health; health care; hospital; incentives; law; patient; pay; payment; performance; physician; programs; providers; quality; services; statute; system
Obesity, Public Health, and the Food Supply by Atwell, Barbara L. (2007) - Specifically, it explores government taxing and spending, two traditional public health tools, and suggests that both of these governmental powers can be used to make healthier foods more readily available at reasonable prices, while in creasing the cost of less healthy alternatives. 80 Obtaining healthy foods can be a challenge, particularly for those who live far from major metropolitan centers, those who have limited access to transpor tation, and for those who have a limited food budget, which is presumably most of the population.81 Keywords: awareness; children; choices; consumer; disease; eating; example; fat; feb; food; food supply; health; industry; law; n.y; new; note; obesity; overweight; products; public; quality; school; sugar; supply; supra; supra note; times; trans; use
Front Matter by Health Law Review, Indiana (2007) - IL.B., University of IDinois College of Law; IL.M., Georgetown University Law School. B.A., University of Evansville; J.D., Georgetown University Law School. Keywords: associate; b.a; college; director; health; indiana; indiana university; j.d; law; law school; professor; review; school; university; university law; university school
Policy. Plain Language, and Legislative Purpose: Applying State Medical Malpractice Caps on Damages to Federal EMTALA Claims by Grattenthaler, Lauren N. (2007) - In conclusion, it is imperative that courts keep in mind the probable policy implications and potential adverse effects on access to and quality ofhealth care when interpreting the damages provision ofEMT ALA and its incorporation of state malpractice damage caps. The very reasons for which courts have refused to construe EMT ALA as creating a federal cause of action for medical malpractice, 164 however, are the precise reasons why state damage caps should be applied to EMTALA claims in addition to state medical malpractice claims. Keywords: ala; caps; care; claims; court; damage; damage caps; emt; emt ala; emtala; health; hospital; law; malpractice; malpractice damage; medical; note; power; state; state damage; statute; supra; supra note
Nonprofit Hospital Billing of Uninsured Patients: Consumer Based Class Actions Move to State Courts by Nie, David L. (2007) - 7 Plaintiffs across the country have brought claims on this very issue by asserting that private insurance com panies and governmental payors like Medicare and Medicaid are receiving sig nificant discounts for services rendered by nonprofit hospitals while uninsured patients are being billed the full list prices. 13 Regardless of the reasons for the problems associated with the charity care practices in the United States, multiple lawsuits have been filed, starting in 2004, against nonprofit hospitals in several federal courts alleging unlawful hospital billing practices for medical services rendered to the uninsured.14 Re nowned Mississippi plaintiffs' attorney Richard Scruggs15 coordinated the ini- gation discussed in this Note, the focus of this Note is on those patients who lack health insur ance and are not benefiting ftom managed care rates or government programs subsidizing their health care. Keywords: action; benefit; california; care; charity; charity care; claims; class; community; consumer; court; exemption; federal; health; health care; hospital; law; nonprofit; note; patients; plaintiffs; practices; services; state; supra; sutter; tax; uninsured
Front Matter by Health Law Review, Indiana (2007) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D., IL.M., George Washington University Law School. Keywords: associate; b.a; college; health; indiana; indiana university; indianapolis; j.d; law; law school; professor; review; school; university; university law; university school
Introduction by Kinney, Eleanor D. (2007) - And costs of health care services are rising thus threatening the ability of individuals and the sponsors of their health insur ance - be they private employers or public programs - to continue providing affordable health care coverage. Until health care providers and private health insurers can figure out how to design a market for health care services that assures access for affordable health care services either through direct purchase or affordable insurance, it is inappropriate to focus the debate on how to align economic incentives for hos pitals and physicians to maximize their profits. Keywords: care; health; hospitals; indiana; law; physicians
History, Recipients by Kinney, Eleanor D. (2007) - • 2006 -James F. Blumstein, Vanderbilt University Law School, University Professor of Constitutional Law & Policy, Director of the Health Policy Center, Vanderbilt Institute for Public Policy Studies. Miss Ketcham received her bachelor of arts in economics in 1914 and her master of arts in sociology the following year. Keywords: health; ketcham; law; university
Of Doctors and Hospitals: Setting the Analytical Framework for Managing and Regulating the Relationship by Blumstein, James F. (2007) - No single model of organizational form or design should be locked in from a regu latory perspective, contrary to the approach that has been followed with respect to hospital structure and governance. 63 See Blumstein & Sloan, supra note 9, at 91, for an interesting discussion ofhow anti trust law can help to encourage hospital decision making more nearly to reflect the mode of decisionmaking of more traditional economic entities such as firms. Keywords: blumstein; care; containment; control; cost; decision; doctrine; health; health care; hospital; incentives; law; making; market; medical; note; patient; physician; policy; professional; quality; regulatory; rev; staff; structure; supra
Transcript of Live Symposium Panel Discussion by Blumstein, James F.; Pemberton, Pemberton L.; Tabler, Norman G.; Pratt, Steven H.; Pippenger, Dennis L.; Finnerty, Michael J. (2007) - This becomes a barrier when you are trying to work with physicians, for exam ple, to manage supply costs, reduce staff costs, or to manage length of stay is sues, because we cannot directly incentivize physicians to reduce those costs, which are hospital costs, by paying money. It is curious, because the answer is not that hospitals do not want to play by the normal rules, it is that they are not allowed to play by the normal rules that other industries follow. Keywords: care; health; hospital; indiana; law; lot; pay; pemberton; physicians; profit; surgery; system; tabler; things; think; time; ventures
Move Over Managed Care - Health Savings Accounts, Small Businesses, and Low Wage Earners: Cost, Quality, and Access by Cate, Russell B. (2007) - Inherent in the success ofHSAs, however, is the assumption that consumers will have available to them the in formation necessary to make educated decisions about their health care expen ditures.11 On the contrary, health care consumers generally do not have the informa tion they need to negotiate adequately with potential providers for the most cost efficient service. First, over time health care consumers had become passive in their consumption of health care goods and services.29 Keywords: access; americans; benefits; business; care costs; consumer; costs; coverage; employees; government; health care; health insurance; health plans; hsas; information; insurance; law; market; note; percent; plans; population; problems; quality; savings; services; solution; states; supra; supra note
Harvesting Organs from Minors and Incompetent Adults to Supply the Nations Organ Drought: A Critical Review of the Substituted Judgment Doctrine and the Best Interest Standard by Schenberg, Beth A. (2007) - THE CONSTITUTIONAL RIGHTS OF MINORS AND INCOMPETENT ADULTS REGARDING MEDICAL DECISIONS Since medical decisions are so important and because procedures are so often permanent, decisions regarding the type of medical treatment received by minors and incompetent adults are typically determined by parents, guardians, and courts. The result of this has two detrimental flaws: (1) it fails to recognize a (formerly competent) incompetent individual's freedom of choice regarding previously decided medical decisions; and (2) it attempts to treat minors and never-before competent incompetent adults as though their wishes can be ascertained. Keywords: adults; benefits; child; children; court; doctrine; donor; harvesting; incompetent; individual; interest; judgment; judgment doctrine; law; minors; organ; parents; person; recipient; right; standard; state; supra note; u.s
Toward a Twenty-First Century Civil Commitment Statute: A Legal, Medical, and Policy Analysis of Preventive Outpatient Treatment by Scherer, Rachel A. (2007) - PoL'Y &L. 507, 507 (2005) (''The basic assumption underlying the mental health court model is that, for at least some defendants charged with minor nonviolent offenses and, in some cases, even for those charged with felonies, the problem is more a product of mental illness than of criminality and that facilitating the offender's access to mental health treatment is a more effective response to the underlying problem than criminal conviction and sentence.); Allison D. Redlich et al., The Second Generation of Mental Health Courts, II PSYCHOL. [for mental health treatment].') (quoting RAEL JEAN ISAAC & VIRGINIA C. ARMAT, MADNESS IN 1HE STREETS 102 (1990)). Keywords: 4:361; angeles; aot; cal; california; care; commitment; county; court; criteria; danger; disability; e.g.; family; file; grave; health; health law; health treatment; ill; illness; illnesses; indiana; individual; kendra; laura; law; law review; medication; mental; mental health; n.y; new; order; outpatient; outpatient treatment; patients; percent; persons; petition; psychiatric; pvot; pvot statutes; report; risk; robert; schizophrenia; services; state; statutes; studies; study; supra note; symptoms; treatment; violence; vol; welf; york
Letting Lilliputians Sit at the Table: Providing Physicians with a Magnified Voice to Counter the Brobdingnagian HMO by Voight, Brandt R. (2007) - Finally, in Part V, this Note proposed a solution that would properly extend physician rights and empower physicians to seek fair and equitable arrangements with HMOs wherever a Brobdingnag-like HMO structure is found. Giving physicians the muscle and a voice to counteract the powerhouse HMO position will result in a more equi table distribution of profits between the HMO and physician, create market penetration opportunities for smaller competing HMOs in regions where physi cian choice was prohibited before, and create more choices for patients through diversified physician-HMO relationships and market-encouraged innovation. Keywords: act; amerihealth; bargaining; competition; control; costs; health care; hmos; industry; insurance; law; legislation; market; note; patient; physicians; power; quality; quality health; result; right; state; statutes; supra; voice
Front Matter by Health Law Review, Indiana (2008) - A.B., University ofiowa; J.D., LL.M., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; health; indiana university; indianapolis; j.d; law; law school; professor; review; school; state; university; university law; university school
Achieving Quality and Responding to Consumers The Medicare Beneficiary Complaint Process: Who Should Respond? by Hoffman, Diane E.; Rowthorn, Virginia (2008) - One state survey agency director with whom we spoke commented that there are potential dangers to having parallel state complaint processes that do not communicate with each other, the most important being the possibility of a dangerous situation existing without the state survey agency being aware of it. In 2004, CMS implemented the Aspen Complaints Incident Tracking System (ACTS) to standardize reported com plaints, allowing analysis across state survey agencies and the ability to evaluate state complaint investigations.130 In March 2006,131 CMS formalized its state guidance for complaint investigation processes, incorporating its recommenda tions (Management of Complaints and Incidents) into the State Operations Ma nual (SOM).132 The procedures are to be. Keywords: agencies; alternative; beneficiary; beneficiary complaint; boards; cms; complaint process; complaints; entity; health; home; improvement; information; law; medical; medicare; medicare beneficiary; number; nursing; oig; oig report; process; providers; qios; quality; report; review; sas; state; state agencies; state survey; supra note; survey
A Flawed Solution to the Sex Offender Situation in the United States: The Legality of Chemical Castration for Sex Offenders by Daley, Matthew V. (2008) - Given that a majority of American judges have no medical background or experience, the European reliance on medical experts should also be considered by American legislatures when drafting sex offender statutes. Another important factor that distinguishes European sex offender statutes from their American counterparts is that many European statutes place greater emphasis on medical expert testimony and diagnosis; rather, than relying pri marily on judicial discretion. Keywords: castration; chemical; chemical castration; court; crime; depo; effects; injections; law; note; offenders; parole; person; prison; provera; punishment; sex; sex offenders; states; statute; supra; treatment
Closing the Deal: Making the Right Congressional Decision About Patent Settlement Agreements by Waltz, Amy C. (2008) - One current battle has centered on patent settlement agreements made be tween brand name pharmaceutical manufacturers (often referred to collectively as Big Pharma) and generic manufacturers. The question in the minds of all involved is simple: Should Congress address the issue of the validity of patent settlement agreements, or is this an issue for the courts to decide? Keywords: act; agreements; antitrust; barr; companies; congress; courts; drug; ftc; generic; industry; law; manufacturers; market; note; patent; patent settlement; pharmaceutical; pioneer; schering; settlement
Bottom Lines and Waist Lines: State Governments Weigh In on Wellness by Baker, Cynthia A. (2008) - BOTTOM LINES AND WAIST LINES: STATE GoVERNMENTS WEIGH IN ON WELLNESS Cynthia A. Baker• TABLE OF CONTENTS I. INTRODUCTION .................................................................................... The Program on Law and State Government thanks the Indiana Health Law Review for its support of the 2007 Fellowship Symposium and for continuing the dialog between state governments and the academic community with this issue. Keywords: apr; city; community; efforts; food; governments; groups; health; indiana; law; lines; new; note; obesity; public; school; smoking; state; supra; university; wellness; york
Front Matter by Health Law Review, Indiana (2008) - A.B., University oflowa; J.D., LL.M., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; health; indiana university; indianapolis; j.d; law; law school; professor; review; school; state; university; university law; university school
A Proposal for Comprehensive Biobank Research Laws to Promote Transnational Medicine in Indiana by Girod, Jennifer; Drabiak, Katherine (2008) - Part II of this Article discusses the current regulatory and legal environ ment of genetic research, the implications for biobank-related research, and the ethical values that should guide state legislative responses. Part IV describes Indiana's current statutory law on genetic research and offers a comprehensive solution which the Indiana legislature may choose to adopt to address current legal uncertainties in a way that appropriately balances ethical values. Keywords: alaska; biobank; care; consent; data; dna; donors; genetic; health; indiana; individual; information; insurance; in; law; laws; oregon; privacy; public; research; researchers; results; rev; samples; specimens; state; tissue; use
Strained Application of the Viability Standard to In Vitro Frozen Embryos-Deconstructing Jeter v. Mayo Clinic Arizona by Heathcotte, Brock J. (2008) - 12- 611 (2007) by Arizona courts in Kilmer v. Hicks, 529 P .2d 706 (Ariz. HOW THE ISSUE OF WHEN A HUMAN LIFE BEGINS ARISES IN COURT Appeals were filed with the Illinois6 and South Dakota7 courts that will further define the parameters oflegal protection for human embryos. Keywords: arizona; case; child; clinic; court; death; embryos; fetus; human; jeter; law; life; person; pre; question; viability; womb; wrongful
Finally Moving Beyond the Fiction: An Overview of the Recent State Rally for Health Care Reform by Douglas, Mark E. (2008) - Specifi cally, health care reform ranks as a very important issue that voters want ad dressed by their government leaders. Many would suggest the federal government lost its appetite for health care reform after previous administrations, as demonstrated under President Clinton, ulti mately failed to provide a palatable, user-friendly approach to health care re form. Keywords: 5:277; access; act; apr; care costs; care reform; care system; control; costs; coverage; disease; efforts; employers; erisa; federal; funding; government; health care; health insurance; health law; health reform; hospitals; indiana; indiana health; individuals; information; initiatives; insurance; law; medicaid; medical; medicare; model; national; new; note; patient; pay; percent; plan; program; providers; quality; rally; reform; review; services; state; state health; supra; system; tax; uninsured; united; use; vol
Attorneys, Tell Your Clients to Say They're Sorry: Apologies in the Health Care Industry by Ebert, Robin E. (2008) - While the intuition is that such apologies [not admitting fault] will not be as effective as more complete apologies that acknowledge responsi bility, partial apologies are thought by some to be better than failing to apolo gize at all. Ego and the Suppression of Apology .................................. 344 2. Keywords: apologies; apology; care; code; cohen; communication; error; evidence; expressions; fault; health; law; laws; malpractice; medical; note; patient; physician; state; study; supra; supra note; sympathy
Your Money or Your Lifestyle!: Employers' Efforts to Contain Healthcare Costs - Lifestyle Discrimination Against Dependents of Employees? by Miller, Brendan W. (2008) - Unless something changes dramatically, health insurance costs will over take profits by 2008.12 The increases in healthcare spending over the last five years has cut into operating margins and reduced the capacity of businesses to grow through investment in research, capital spending, product development, and marketing. 102 News accounts or tips from other employees or members of the general public provide indirect evidence of off-duty conduct. Keywords: act; conduct; control; costs; coverage; dependents; discrimination; duty; employees; employer; employment; health; health insurance; healthcare; insurance; law; lifestyle; note; percent; plan; privacy; program; rights; smoking; supra; use
Mandating the Gardasil Vaccine: A Constitutional Analysis by Wagoner, Kyra R. (2008) - 21 Since several groups feel that mandating Gardasil is an in fringement on children's and parents' freedoms, it is important to examine the public health benefits derived from the vaccine before making a decision as to whether HPV vaccinations should be mandatory.22 This Note will first detail the startling statistics on HPV and describe what the Gardasil vaccine entails. [Vol. 5:403 nation campaigns against diseases such as polio, measles, mumps, rubella, and hepatitis Band make HPV vaccination mandatory. Keywords: cancer; cdc; children; court; disease; exemptions; females; gardasil; gardasil vaccine; health; hpv; immunization; law; laws; mandate; note; parents; public; right; school; states; supra; supra note; u.s; vaccination; vaccine; women
Health Care Reform in America: Beyond Ideology by Annas, George J. (2008) - I said we're not sure whether reforming American health care will require a train wreck, bus wreck, or another type of catastrophe or collapse, but this is Gericault's famous painting, The Rcifi of the Medusa. HEALTH CARE REFORM fN AMERICA: Keywords: americans; care; choice; death; health; healthcare; law; life; medicine; metaphor; people; quality; reform; right; system; talk; way; world
History, Recipients by Health Law Review, Indiana (2008) - 2006- James F. Blumstein, Vanderbilt University Law School, Univer sity Professor of Constitutional Law & Policy, Director of the Health Policy Center, Vanderbilt Institute for Public Policy Studies. • 1998- Barry S. Levy, immediate past president ofthe American Public Health Association and Adjunct Professor of Community Health at Tufts University School of Medicine. Keywords: health; ketcham; law; rev; university
Front Matter by Health Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. AB., University of Iowa; J.D., IL.M., George Washington University Law School. Keywords: b.a; college; director; health; indiana; indiana university; indianapolis; j.d; law; law school; professor; review; school; university; university law; university school
Altered Standards of Care for Health Care Providers in the Pandemic Influenza by Kinney, Eleanor D.; McCabe, Heather A.; Lewis Gilbert, Amy; Shisler, Janna Jo (2009) - In the United States, health care and health law have tradi tionally focused on the individual patient Generally, a physician owes a duty 49. While such statutes are not necessary, they clarify that health care providers will not be civilly liable for negligence in a declared public health emergency. Keywords: act; care; conduct; emergency; health; health care; indiana; influenza; law; liability; medical; model; note; pandemic; providers; public; standards; state; supra; university
Paging King Solomon: Towards Allowing Organ Donation from Anencephalic Infants by Khan, Faza; Lea, Brian (2009) - The use of anencephalic infant organs for transplantation implicates two very influential normative ethical views'o37 at the heart of most bioethical and philosophical debates: utilitarianism is often advocated by those in favor of the use of anencephalic organ donors, whereas Kantianism, expressing a deontolog ical viewpoint, is often embraced by those opposing the practice. Since the intentional creation of anencephalic organ donors transgresses the Kantian injunction internalized by many Americans, it is difficult to im agine such actions receiving legal protections at either the state or federal level any time soon. Keywords: anencephalic; brain; children; cloning; consciousness; creation; dead; death; donation; donor; donor rule; human; infants; lack; law; legal; life; medical; note; organ; organ donation; organ donors; parents; rule; state; supra; transplant; transplantation; use; view
Laryngoscopes, Lidocaine, and Liability: The Absence of Immunity Protection for Prehospital Providers in Indiana by Cox, Meghan A. (2009) - Implied consent is given when an unconscious patient requires emergency medical care. This strange arrangement is impractical and would seem to discourage a firefighter/EMT from performing or assisting in emergency medical care unless under a preexisting duty to do so. Keywords: act; amendment; care; claims; code; court; duty; emergency; ems; emts; good; health; immunity; indiana; law; liability; medical; negligence; note; patient; providers; services; standard; state; study
Unfair and Harsh Results of Contributory Negligence Lives in Indiana: The Indiana Medical Malpractice System and the Indiana Comparative Fault Act by Jones, Bruce D. (2009) - By avoiding the litigation, the cost to health care providers and their insurers is decreased and thereby the cost of health care is kept under control for the states' respective citizens. As a result, many services were discontinued and became unavailable to Hoosiers.21 In fact, the Assembly noted that the rising cost of liability insurance was forcing health care providers to curtail all or part of their 12. Keywords: at§; care; code§; comparative; contributory; contributory negligence; damages; defendant; doctrine; fault; health; health care; indiana; law; malpractice; medical; negligence; panel; plaintiff; states
Health Should Not Be a Determinative Factor of Whether One Will be a Suitable Adoptive Parent by DeVries, Brenda K. (2009) - Part V will also examine whether these remedies are available to prospective adoptive parents who are denied based on their health 11. For example, age restric tions on prospective adoptive parents are common in many states. Keywords: adoption; aids; care; child; children; court; discrimination; factor; health; individual; interests; law; march; note; obese; obesity; parents; people; person; physical; smoke; smoking; state; supra; supra note; weight
Front Matter by Health Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. A.B., University of Iowa; J.D., IL.M., George Washington University Law School. Keywords: b.a; b.s; college; director; health; indiana university; indianapolis; j.d; l.alw; law; law school; professor; review; university; university law; university school
When a Spoonful of Sugar Doesn't Help the Medicine Go Down: Informed Consent, Mental Illness, and Moral Agency by Talati, Erin (2009) - U. J.L. PoL'Y 385, 285 (2004) (When mental health patients refuse to accept volun tary administration of psychotropic medicine, Illinois is one of several states that provides for a judicial hearing to determine whether the patient's wishes should be overruled.''). [Vol. 6:171 legally invalid on the basis of coercion is ethical, finding ultimately that equat ing moral standing in a community with whether or not a mentally ill individual chooses to comply with recommended treatment exerts an undue influence on that individual's ability to give informed consent. Keywords: agency; autonomy; care; coercion; community; consent; decision; disclosure; duty; illness; individual; information; law; medical; medication; note; patient; person; physician; right; standard; supra; theories; treatment
Slaying the Hydra: The History of Quack Medicine, the Obesity Epidemic and the FDA's Battle to Regulate Dietary Supplements Marketed as Weight Loss Aids by Van Tassel, Katharine A. (2009) - Taking advantage of consumers' vulnerability and misperceptions regarding FDA oversight, the sale of weight loss supple ments in the United States reached $4.7 billion in 2001,9 with projected in creases of ten to twenty percent annually.10 Weight loss supplements are the fastest growing segment of the dietary supplement industry.11 However, the majority of these products are ineffective.12 The Federal Trade Commission (FTC) reports that more consumers are defrauded by weight loss products than any other product it has examined. Many egregious claims- particularly for weight loss products -often appear in the mainstream media. Keywords: act; approval; cancer; claims; consumers; diabetes; dietary; disease; drug; effectiveness; fda; fdca; food; function; health; health claims; history; industry; law; loss products; loss supplements; market; medical; new; nlea; note; obesity; overweight; premarket; products; public; quack; regulation; risk; safety; structure; supplements; supra; supra note; text; use; weight loss
Physician Employee Non-Compete Agreements on the Examining Table: The Need to Better Protect Patients' and the Public's Interests in Indiana by Koons, Kevin D. (2009) - Physician restrictive covenants appear in various types of agreements, in cluding employment agreements/ partnership agreements/ and agreements for the sale of a medical practice. The purpose of this Note is to explore and evaluate possible standards for reviewing physician restrictive covenants and to suggest an analytical frame work for this issue. Keywords: agreements; ama; clinic; compete; court; covenant; employee; ethics; health; indiana; interest; law; medical; n.e.2d; non; patients; physician; physician employee; practice; public; raymundo; rule; services
Kicking the Butt of Secondhand Smoke: Why Indiana Should Ban Smoking in Vehicles Carrying Minors by Strange, Jennifer L. (2009) - 3 Despite these disturbing new findings, children remain largely unprotected by smoking bans and exposed to the dangers of SHS. This Note closely examines the newest species of smoking bans: smoking bans in vehicles carrying minors. Keywords: ban; bans; children; effects; exposure; general; health; indiana; law; minors; new; note; public; report; representative; right; secondhand; shs; smoke; smoking; smoking ban; state; supra; supra note; tobacco; vehicles
The Awful Taste of Partially Hydrogenated Vegetable Oil: A Recommendation that Indiana Ban Trans Fats From Restaurants by VanLandingham, Andrew J. (2009) - The campaign strategy is interesting because the DOHMH did not just spread information about the health dangers of trans fat, but it also focused on helping restaurants to identify what products contained trans fats and how to replace them. 89 Inspection of restaurants for use of trans fats is now included in the nor mal restaurant inspection by the DOHMH.90 Restaurants are required to keep food labels for products until that product is completely used up.91 If inspectors discover food that contains more than 0.5 grams of trans fat per serving, the restaurant will be cited for violations.92 These violations, however, are not counted against restaurants' overall inspection score.93 Keywords: ban; city; clause; commerce; court; disease; fat ban; food; government; health; indiana; information; law; milk; new; new york; note; oil; public; regulation; restaurants; state; supra; taste; trans; trans fats; u.s; york; york city
More Bite Than Bark: The Legal and Social Consequences of Microchipping Individuals with Alzheimer's Disease by Currid, Elizabeth G. (2009) - Consequences of Human Microchip Implantation, 8 RISK 373, 378 (1997) (describing the forms of implantable microchips). Although human-implantable microchips benefit society in a number of ways, microchip technology and the procedure behind implantation and retrieval of information also bring about many difficulties. Keywords: alzheimer; amendment; court; disease; government; health; human; individuals; information; law; legislation; microchipping; microchips; note; patient; privacy; rfid; right; seeid; state; supra; supra note; supreme; technology; u.s
Transcript of the Live Symposium by Varahramyan, Kody; Salyers, Kyle; Orentlicher, David; Hall, Ralph; Morris, Emily; Kinney, Eleanor D. (2009) - So, maybe we will see greater licensing of nanotechnology patents. Plus there is the difficulty in valuing nanotechnology patents, in part be cause we don't have a great deal of commercialization yet Kind of along the lines of what Kyle was saying earlier and it's largely government and academic funding at this point, not so much commercial funding and that's perhaps be cause of the difficulties as Kyle said monetizing the benefits of nanotechnology and particularly Nanotechnology IP. Keywords: area; example; health; indiana; issues; kind; law; lot; nanotechnology; new; particles; patents; people; review; right; risk; science; size; talk; things; time; way; work; years
Front Matter by Health Law Review, Indiana (2010) - B.A., University of Evansville; J.D., Georgetown University Law School. A.B., University oflowa; J.D., LL.M., · George Washington University Law School. Keywords: b.a; college; director; emeritus; health; indiana university; indianapolis; j.d; law; law school; professor; review; school; state; university; university law; university school
Carrots or Candy in Corner Stores?: Federal Facilitators and Barriers to Stocking Healthier Options by Fleischhacker, Sheila; Gittelsohn, Joel (2010) - Other duties include: (1) requiring food establishments to adopt pre ventive process controls; (2) enforcing performance standards for food safety; (3) establish ing an inspection program; (4) strengthening and expanding foodbome illness surveillance systems; (5) requiring imported food to meet the same standards as U.S. food; and (6) estab lishing a national traceability system for food. As President Obama works on addressing access to health care, efforts should be made to communicate with his Administration regarding their current and potential authorities to advance healthy U.S. food systems. Keywords: access; act; american; children; clause; commerce; communities; congress; corner; court; environment; et al; federal; food; food environment; government; health; income; law; med; national; new; note; nutrition; obesity; policy; power; preventive; public; regulate; restaurants; review; safety; school; states; stores; supra; tax; taxes; u.s; united
Under the Influence: An Examination of the Tactics Pharmaceutical Companies Use to Manipulate Physicians by Wheeler, Shena T. (2010) - If passed, it would require pharmaceutical companies to issue quarterly reports for most categories of physician gifts. Section IV discusses whether current and pending bans on physician gifts help or hurt consumer-patients and contains an analysis of gifts from pharmaceutical companies and drug advertising in light of the current economic crisis and the state of America's health care system. Keywords: advertisements; advertising; ban; companies; company; disclosure; doctors; drug; gifts; health; indiana; influence; information; law; legislation; medical; new; note; patients; pharmaceutical; physicians; prescribing; prescription; representatives; samples; state; supra
Improving Indiana's Mandatory Immunization Programs by Lasher, Matt (2010) - 140 The availability and approval of medical exemptions lacks the contro versy inherent with other types of vaccination exemptions. Attempting to internalize the negative externalities of immunization exemption., .................................................. Keywords: ann; children; code; common; court; disease; e.g.; exemptions; health; immunization; immunization programs; indiana; indiana health; individual; law; measles; medical; parents; programs; provisions; public; requirements; review; risks; school; state; supra note; u.s; united; vaccination; vaccine; vpds; west
Front Matter by Health Law Review, Indiana (2010) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University oflllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; emeritus; health; indiana university; indianapolis; j.d; law; law school; professor; review; school; university; university law; university school
The "Shared Accountability" Approach to Physician Payment: Four Options for Developing Accountable Care Organizations by Williams, Jackson (2010) - The hospital could attempt to block such a maneuver, but ACO doctors would still be able to stop referring patients for angioplasties or affiliate themselves with a competing ACO. Self-reported health may be a good indicator of health care quality. Keywords: accountability; accountable; aco; approach; beneficiaries; care; costs; doctors; efficiency; fee; group; health; health care; hospital; law; level; measures; medical; medicare; new; patients; payment; performance; physicians; pool; practice; providers; quality; regime; savings; services; sgr; state; system; update
Competition Policy in Health Care in an Era of Reform by Huffman, Max (2010) - That's the incentive to provide health care insurance. by President Obama, although a free-standing effort to repeal the law, li mited to health insurance (and not medical malpractice insurance)· is pend ing in Congress as of this writing.40 McCarran-Ferguson immunity is not specific to health insurance, but the current repeal effort ... has been.seen all along as part of healthcare reform. Keywords: antitrust; bill; care; competition; conduct; consumer; cost; david; ferguson; good; government; health; health care; health insurance; health law; healthcare; indiana; infra; insurance; insurers; law; market; mccarran; pay; people; policy; professor; quality; question; reform; repeal; system; think; time; years
Preemptive Legislation in the European Union and the United States on the Topic ofNanomedicine: Examining the Questions Raised by Smart Medical Technology by Preble, Emilee S. (2010) - ••••••••••••••...••••..•••••••••.•••••••••••••••.•••••••.•••.•••••••. 424 Every industry that involves manufactured items will be impacted by nanotechnology research. Since the beginning of the George W. Bush Administration, a great deal of emphasis has been placed on nanotechnology research and development. Keywords: cell; development; devices; ethical; european; fda; health; human; law; nanomedicine; nanotechnology; national; patient; products; regulation; report; research; science; states; stem; supra; supra note; united; use
Front Matter by Health Law Review, Indiana (2011) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University oflllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; health; indiana university; indianapolis; j.d; law; law school; professor; review; school; state; university; university law; university school
History and Recipients by Health Law Review, Indiana (2011) - • 2006 -James F. Blumstein, University Professor of Constitutional Law & Policy, Director of the Health Policy Center, Vanderbilt In stitute for Public Policy Studies. Prior to being admitted to the bar in 1869, he studied law with his father, John L. Ketcham and Judge David McDonald. Keywords: health; ketcham; law; rev; university
Financial Conflicts of Interest in Academic Medicine: Whence They Came, Where They Went by Korn, David (2011) - This directive, as expected, stimu lated great concern among the leadership of academic research institutions 7. My purpose in this presentation on fCOis in academic medicine is to provide a context to help the reader better understand from whence they came, where they went, and why they continue to be of such concern to the public and so vexing to academic medical institutions and their faculties, struggling to balance mixed public messages and conflicting public expec tations. Keywords: aamc; academic; committee; community; conflicts; faculty; fcois; financial; force; health; human; indiana; industry; institutions; interest; law; medical; medicine; national; new; nih; nlli; oig; oversight; public; regulation; report; research; review; re; rule; subjects; task; time; universities; university; vol
Certification and Meaningful Use: Reframing Adoption of Electronic Health Records as a Quality Imperative by Terry, Nicholas P. (2011) - Furthermore, health care providers continue to lag in technologies related to EHRs. But we also don't want the escalator to turn into one of those air port moving walkways where you end up after [a] long trip at precisely the same altitude as where you started.87 At the time of publication of the Final Rule Dr. Blumenthal noted how it strikes a balance between acknowledging the urgency of adopting EHRs to improve our health care system and recognizing the challenges that adop tion will pose to health care providers. Keywords: act; adoption; blumenthal; c.f.r; care; certification; cms; criteria; ehr; health; health care; health information; health records; hitech; hospitals; incentive; information; law; note; onc; patient; program; providers; quality; records; rule; stage; supra; technology; use
Snatching Confusion from the Jaws of Clarity: The Puzzling Evolution of the Discovery Rule Vis-a-vis Indiana's Medical Malpractice Statute of Limitations by Eggeson, Jr., Neal F. (2011) - See also Booth v. Wiley, 839 N.E.2d 1168, 1175 (Ind. 2005) (knowledge ofserious vision problems and probable perma nent vision impairment insufficient; rather, date physician opined ''that the Lasik surgery should not have been performed because of his preexisting cataracts and glaucoma served as trigger); Van Dusen, 712 N.E.2d at 494, 499-500 (of multiple events which occurred on trigger date, court did not rely on it being date doctor diagnosed incurable prostate cancer; nor did court rely on it being date plaintiff voiced suspicion of malpractice; rather, court relied on it being date on which doctor opined that biopsy slides may have been misread). Cf Palmer v. Gorecki, 844 N.E.2d at 152, 155 (declining to select date plaintiff correctly diagnosed with vestibular toxicity as trigger); Levy v. Newell, 822 N.E.2d 234, 238-39 (Ind. Ct. Keywords: app; appeals; booth; court; date; diligence; discovery; dusen; ind; indiana; injury; law; limitations; malpractice; martin; medical; n.e.2d; period; physician; plaintiff; standard; statute; supreme; symptoms; trigger; trigger date; van
If Addiction is a Mental Disease, Let's Start Treating It Like One: An Additional Recommendation for the Indiana General Assembly's Prenatal Substance Abuse Commission by Derringer, Matthew (2011) - In General ........................................................................... 151 2. Alcohol, Tobacco, and Drug Use by Pregnant Women in Indiana 2006 Study ....................................... ~ ................. 152 3. Prenatal Substance Abuse Commission: 2009 Final Report ................................................................ 153 ITI. The use of alcohol, tobacco; and illegal drugs by pregnant women is a significant public health issue in Indiana as well as all other states. Keywords: abuse; addiction; alcohol; child; civil; code§; commitment; court; drug; health; indiana; individual; issue; law; mental; note; pregnancy; prenatal; state; substance; substance abuse; supra; treatment; women
The Case for State Mandatory Assignment of Benefits Legislation by McKinnis, Elliott (2011) - STATE MANDATORY AsSIGNMENT OF BENEFITS LEGISLATION 173 ier for health care providers to collect payments.4 However, critics contend that mandatory AOB would have negative effects on the health care sys tem. 63 Fewer than ten states apply their A WP laws to health care providers beyond dental services.64 Indiana's A WP law, for example, establishes that [n]o hospital, physician, pharmacist, or other provider . . . Keywords: aob; assignment; benefits; care; comm'n; costs; fin; health; health care; ind; indiana; insurance; insurers; kongstvedt; law; legislation; mandatory; network; network providers; plans; providers; services; state; supra note
When the Physician Says You Have to Get the Shot, but Mommy Says No: The Cases of Taige Mueller and Daniel Hauser, and How the State May Force Parents To Accept Unwanted Medical Treatment For Their Children by Williams, Zach (2011) - The case involving Taige Mueller was heard in June of 2010, with a jury finding that the sei zure of Taige from her mother's custody did not amount to a violation of any of her parents' Constitutional rights.13 5° Returning to the case of Taige Mueller, the presumption that parents will act in their child's best interest can be readily applied. Keywords: care; case; child; court; daniel; decision; hauser; law; medical; mueller; parents; physician; risk; state; taige; taige mueller; treatment
Front Matter by Health Law Review, Indiana (2012) - LL.B., University oflllinois College of Law; LL.M., Georgetown University Law School. B.M.E., Renesselaer Polytechnic Institute; J.D., LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; health; indiana university; j.d; law; law school; mckinney; professor; review; school; university; university law; university robert; university school
What to Do When You Can't Hear the Wbistleblowing: A Proposal to Protect the Public's Health by Providing Whistleblower Protection for Medical Researchers by Bard, Jennifer S. (2012) - Part II of this article reviews the dangers to the public from participat ing in clinical drug trials research and from taking prescription drugs. These inadequacies and gaps are compounded in the area of drug research, development, and sales because even when laws exist to encourage disclo sure, they .are often predicated on reporting specific violations of the law. Keywords: academic; act; approval; article; clinical; companies; company; dangers; data; doctors; drug; drug companies; drug trials; employees; fda; federal; food; government; health; health law; human; indiana; information; interest; knowledge; law; laws; marketing; medical; new; note; patients; people; pharmaceutical; physicians; prescription; prescription drug; professor; protection; public; report; research; researchers; results; retaliation; review; re; safety; states; studies; study; subject research; subjects; supra; testing; trials; u.s; united; united states; universities; university; use; vol; whistleblower; whistleblower protection
The Forgotten Patient: A Health Provider's Guide to Providing Comprehensive Care for Transgender Patients by Burrill, Nikki; Fredland, Valita (2012) - This next step is stated as only starting to treat transgender patients be cause like any new situation, it will take time for the health professional to develop the required skills for appropriately treating transgender patient. All healthcare facilities should be adequately prepared to provide competent and compassionate care for transgender patients by becoming familiar with recent research and striving to understand the lived experience of the transgender patient.226 Unfortunately, because of uncomfortable en counters, many transgender patients avoid health care facilities, leaving them to look for their medical care needs, such as hormones, on black mar kets.227 Silicone injections are another extremely dangerous procedure un dergone by transgender individuals, which are often performed without the assistance of a health care professional.228 Silicone injections are used for body modifications such as creating the image of shapely hips or changing other various body parts. Keywords: birth; care; court; discrimination; female; health; health care; healthcare; indiana; individuals; issues; law; legal; male; needs; note; people; professionals; providers; review; rights; schroer; sex; supra; surgery; training; transgender; transgender health; transgender patients; treatment; vol
Extending the Fantasy in the Supermarket: Where Unhealthy Food Promotions Meet Children and How the Government Can Intervene by Pomeranz, Jennifer L. (2012) - Character Restrictions Should Pass the Central Hudson Test Assuming a court did not find that the use of characters to be decep tive and misleading on child targeted products, it would analyze any re strictions under the remaining prongs of the Central Hudson test. 83 The Task Force relied on several studies that revealed child disappointment, anger, and arguing were common responses to paren tal refusal for food products at the supermarket. Keywords: adults; advertising; amendment; brand; case; central; cereal; characters; children; co.; commercial; companies; conduct; context; court; displays; environment; food; food products; food promotions; government; health; hudson; inc; indiana; industry; interest; law; location; lorillard; marketing; new; note; nutrition; package; packaging; products; promotions; public; purchase; regulation; restriction; retail; review; speech; state; store; supra; test; tobacco; u.s; use; vol; youth
The Case for Pharmacists As Legal Health Care Providers by Albert, Erin (2012) - Why not then make pharmacists legal health care providers? 2012] PHARMACISTS AS LEGAL HEALTH CARE PROVIDERS 195 ing recognition and payment for pharmacist services under Part B of the Medicare program. Keywords: american; ass'n; care; care providers; drug; health; health care; home; indiana; law; management; medical; medicare; medication; mtm; note; nurse; patients; pharmacists; pharmacy; physicians; practice; providers; review; services; state; status; supra; therapy; u.s; year
Keeping Your Head on Straight: Protecting Indiana Youth Athletes from Traumatic Brain Injuries Through "Return-to-Play" Legislation by Breck, Andrew W. (2012) - Anonymous questionnaires released to high school football players after the season ended yielded information that 15% of athletes admitted to sustaining a concussion.212 Through the same study, the number increased to about 50% when the word concussion was omitted and only concussion symptoms were listed.213 Furthermore, 35% of the players reported suffering from two or more incidents of head trau ma.2I4 Even more troubling is that youth athletes tend to shy away from self reporting injuries for fear of being perceived as weak by coaches and fellow teammates.215 In short, the goal should be to equip coaches and youth athletes with general awareness of concussion symptoms and to stress the importance of seeking proper medical management if head injury symptoms present themselves during athletic competition. Keywords: ann.§; athlete; athletic; brain; care; concussion; head; health; indiana; injury; law; legislation; medical; new; note; play; protocol; return; school; state; west; youth; youth athlete
Nurses Providing Anesthesia Not a "Laughing" Matter: Why Indiana Should Not Opt Out of Federal Physician Supervision of Certified Nurse Anesthetists Requirements by Fairchild, Kyle K. (2012) - Section IV introduces the requirements for a state to opt out of nurse anesthetist supervision and compares opt-out states' .. administrative code or statutes dealing with anesthesia regulation to Indiana's correspond ing statutes. Finally, Sections V and VI lay out problems that would arise if Indiana opt ed out of reimbursement and concludes Indiana should keep the status quo for nurse anesthetist supervision, or in the alternative should ramp up recognition or certification requirements of certified registered nurse anes thetists. Keywords: anesthesia; anesthesiologists; anesthetists; ass'n; care; crnas; health; hospital; indiana; law; medical; medicare; note; nurse; nurse anesthetists; opt; patient; physician; practice; requirements; services; state; study; supervision; supra
State Challenges to the Patient Protection and Affordable Care Act: The Case for a New Federalist Jurisprudence by Serak, Christopher B. (2012) - Because state governments do not want to deprive constituents of important services offered through state administered federal programs, they accept the funds along with the attached conditions.227 Under an ex pressive jurisprudence, Congress would not be allowed to use its spending power in this way. Rather, this Note will demonstrate why the particular tact ofthe Act's regulatory scheme, the use of state governments as admin istrative bodies, does not fit within the political structure laid out in the Constitution. Keywords: act; care act; clause; commandeering; commerce; congress; constitution; court; federal; federalist; florida; government; health; health care; health insurance; individual; insurance; law; mandate; medicaid; note; patient; patient protection; power; protection; regulation; rule; states; states dep't; u.s; u.s.c; united states; v. united
Front Matter by Health Law Review, Indiana (2012) - B.A., University of Evansville; J.D., Georgetown University Law Center. LL.B., University oflllinois College of Law; LL.M., Georgetown University Law School. GERARDN. Keywords: b.a; b.s; college; director; health; indiana university; j.d; law; law school; mckinney; mckinney school; professor; review; school; university; university law; university robert; university school
Introduction by Bard, Jennifer S. (2012) - providing experiential learning for health law students in transactional work. I have written elsewhere of the lessons legal and medical education can learn from each other, but * Chair of the American Association of Law School's section on Law, Medicine, and Health Care; Alvin R. Allison Professor of Law and Associate Dean for Faculty Research and De velopment; Director, Health Law and J.D./M.D. Programs at Texas Tech School of Law; Associate Professor (adjunct), Department of Psychiatry, TTU School of Medicine. Keywords: care; center; health; law; medicine; panel; professor; school; students; teaching; university; world
Beyond Externships: Health Law Co-ops by Parmet, Wendy E. (2012) - A PERSONAL VIEW .......... 406 I. INTRODUCTION For health law students-and their professors-times are good yet worrisome. The many innovative health law clinics, externship, and legal medical partnerships, some of which are discussed in other contributions to this symposium,7 provide valuable opportunities for health law students to attain critical health law lawyering skills. Keywords: field; health; law; ops; practice; program; school; students
Collaborating with the Real World: Opportunities for Developing Skills and Values in Law Teaching by Scott, Charity (2012) - On the Georgia State Law faculty, sincerest thanks goes to Professors Roberta Berry, Lisa Bliss, Sylvia Caley, Yaniv Heled, Jessica Gabel, Randall Hughes, Paul Lombardo, Emily Suski, Jonathan Todres, and Leslie Wolf for sharing with me their real-world collaborations and the skills, values, and attributes that they hoped law students would develop from them. Law students, however, need to learn more than just the law. Keywords: attorneys; care; classroom; clinic; coll; community; context; education; ethics; faculty; georgia; health law; help; interdisciplinary; knowledge; law; law school; law students; lawyers; learning; medical; new; note; opportunities; practice; problem; professional; professor; project; public; real; report; research; self; skills; state; students; teaching; time; univ; values; work; working; world
A Collaborative Center in Medicine and Law: Lessons from a Disruptive Innovation by Kapp, Marshall B. (2012) - A number of people have suggested that the Medicine-Law Center's title may be redun dant since, given the sorry history of pervasive tension generally found be tween medical and legal professionals in the United States/ any sort of * Director, Florida State University Center for Innovative Collaboration in Medicine & Law; Professor, FSU College of Medicine Department of Geriatrics; Professor of Medicine and Law, FSU College of Law. Florida State University's MLP program, which brings together students and faculty from the College of Law and College of Medicine in the context of a neighborhood health clinic, is described at Public Interest Law Center, FLA. Keywords: care; center; collaboration; faculty; florida; health; law; law center; medical; medicine; patient; physicians; policy; polst; practice; projects; state; student; university
Miami's Medical-Legal Partnership: Preparing Lawyers and Physicians for Holistic Practice by Newman, JoNel (2012) - [Vol. 9:2 The delivery of legal services in the health care setting may improve patient health outcomes,10 increase revenue for health providers,11 and re duce overall health care costs by reducing the number of emergency room visits and hospitalizations.12 ill. Since 2005 the 113 Miami law students who have rotated through the Health and Elder Law Clinic have, under the supervi sion of the Clinic's legal staff, provided legal services in more than 1000 cases.18 The Clinic strives to provide ''holistic legal services to the client population it serves by addressing all the clients' legal needs.19 This model of service delivery is especially important for a client population that may have no other alternative for legal services.20 The problems faced by im- · poverished and health-imPaired clients are often interconnected, as [p]eople's lives are not neatly compartmentalized. Keywords: advance; capacity; care; case; clinic; health; law; lawyers; medical; miami; model; patient; physicians; school; services; students; university
Teaching Health Law in Rural Ethiopia: Using a PEPFAR Partnership Framework and India's Shanbaug Decision to Shape a Course by Thieme Sanford, Sallie (2012) - First: regarding health care or health care law, what does Ethiopia or the Oromia region do well? I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TEACHING HEALTH LAW IN RURAL ETHIOPIA: USING A PEPF AR PARTNERSHIP FRAMEWORK AND INDIA'S SHANBAUG DECISION TO SHAPE A COURSE Sallie Thieme Sanford• I. INTRODUCTION ............................................................................... Keywords: aids; care; case; country; course; court; decision; ethiopia; health; health law; india; issues; law; medical; partnership; policy; school; shanbaug; students; teaching; university
Putting Theory into Practice: Thoughts from the Trenches on Developing a Doctrinally Integrated Semester-in-Practice Program in Health Law and Policy by Mekel, Michele (2012) - [Vol. 9:2 ment, and integrate law students' ''knowledge, know-how, and ethical judgment23 in an area of interest to them-the practice of health law and policy-and to, thereby, provide a bridge from legal education to legal practice.24 A. Individualized Student Learning Plans and Related Assessments These areas of focus tie directly into the three apprenticeships that law students require in order to be prepared for practice, and, therefore, that law schools should stress; these ''three apprenticeships have emerged from the major modern critiques oflegal educa tion. Keywords: aba; education; field; health; health law; law; law school; learning; note; placement; policy; practice; program; school; semester; siu; students; supra; supra note; time
The Health Justice Project: A Collaborative Commitment To Solving Real World Problems by Benfer, Emily A. (2012) - This presents a unique opportunity to engage law, social work and public health students with residents, in ad dition to the front line medical providers. For an example of creative advocacy on the part of law, social work, and public health students, see Meribah Knight, Homeless Families Walking a Hard Road, N.Y. TIMEs, Dec. 10, 2011, at A37, available at http://luc.edu/ bealth lawlhjplhjp_pdfs/Homelessyamilies_ Walk:ing_a_Hard_Road_-_NYTimes.com.pdf. Keywords: client; clinic; community; family; health; health justice; income; justice; justice project; law; project; students; work
Legal Methods for Medical Professionals Year 2: Shifting Negative Attitudes by Nero Coughlin, Christine (2012) - Our efforts at meaningful health care reform have been hin dered, in part, because of a lack of effective communication among the var ious stakeholders in the process.3 While this is a long-standing problem with no easy fix, one way to begin to combat the problem is to educate medical students about the rele vant legal and political aspects ofhealth care delivery.4 As one of my med- * Professor and Director, Legal Analysis, Writing and Research, Wake Forest University School of Law; Wake Forest University Center for Bioethics, Health and Society and Wake Forest University School of Medicine's Translational Science Institute. Medical students hear misinformation about medico-legal issues in general, and health care reform in particular, probably due to the increase in media ''sound bites, the lack of accuracy in many internet re ports and social networking sites, and increasing political polarization.6 In addition, while [t]heoretical, scientific knowledge formulated in context free and value-neutral terms is seen as the primary basis for medical knowledge and reasoning,7 the same context-free and value-neutral ap proach appears absent if and when future doctors even receive instruction about the legal/political aspect of health care. Keywords: course; health; law; medical; methods; note; post; school; students; supra; supra note
Teaching Holistic Justice: Medical-Legal Partnerships in the Clinical Setting by Lott, Dea C. (2012) - 556 I. INTRODUCTION Clinical teaching has been part of the curriculum at Indiana University Robert H. McKinney School of Law since 1982.1 Until recently, the law school offered six clinics to students, the Appellate Clinic, the Civil Prac tice Clinic, the Criminal Defense Clinic, the Wrongful Conviction Clinic, the Disability Clinic, and the Immigration Clinic, that provided students with the opportunity to provide legal services to more than three thousand clients.2 During the Fall Semester of 2011, the law school launched its newest clinical program-the Health and Human Rights Clinic (HHRC). In contrast, when the HHRC accepts self-referrals from prospective clients, the problem presented may not be a legal issue or, if a legal issue is presented, the prospective client often seeks help when the situation is dire and options for resolution of legal issues are substantially limited. Keywords: clients; clinic; health; hhrc; indiana; issues; law; legal; students; westside
Law in Action: Learning Health Law through Experience with Stakeholders at the Patient and System Levels by Noonan, Kathleen G.; Davis, Sarah (2012) - Others find the area of health care and health law of interest, but need help translating their interest into a job. Knowledge about the patient-doctor relationship alone will not prepare a law student to work effectively with any of the hundreds of stakeholders affected by health law, including medi cal professionals, insurance companies, hospitals, consumer groups, gov ernment agencies and, perhaps most important, patients. Keywords: advocacy; care; clients; clinical; cpp; glc; health; law; patient; policy; public; students; wisconsin; work
Revising Assisted Outpatient Treatment Statutes in Indiana: Providing Mental Health Treatment for Those in Need by Cook, Katherine B. (2012) - He is currently adjudged unfit for trial and is undergoing forced medication and mental health treatment at a federal prison hospital in Missouri. REVISING AsSISTED OUTPATIENT TREATMENT STATUTES IN INDIANA: Keywords: aot; commitment; court; health; ill; illness; indiana; individuals; kendra; law; medication; mental; need; note; outpatient; outpatient treatment; people; schizophrenia; state; statutes; supra; supra note; time; treatment
Protecting Dr. Smith While Treating the Chronic Pain of Mrs. Jones: Why the Indiana Medical Licensing Board Should Pass Guidelines for Using Controlled Substances for Pain Treatment by Jones, Macon (2012) - The survey included information on physician attitudes to wards chronic pain treatment, physician pain management education, and reasons why physicians are reluctant to prescribe opioids.115 The most in teresting discovery was that when asked to define the greatest barrier to ad dressing pain, thirty-two percent of respondents answered that they were afraid their patients would become addicted to opioids, and only five per cent stated it was fear of regulatory scrutiny.116 Considering all of the liter ature and reports that cite fear of regulatory scrutiny as a primary barrier to proper pain treatment, it was the sixth of seven reasons stated as the cause of inadequate pain treatment in Michigan.117 While Michigan respondents were not asked why they felt this way, one can reasonably conclude that the clarity of the law in Michigan has significantly lowered its physicians' con- 107. Further, this Note will consider several disciplinary actions and criminal convictions of Indiana physicians who have been disciplined for their prescribing practices and compare Indiana law and regulations with the efforts of Michigan in the area of pain management using controlled substances. Keywords: abuse; board; drug; guideline; health; indiana; law; licensing; management; medical; model; note; pain; pain management; pain treatment; patient; physicians; policy; practice; prescribing; prescription; standard; state; substances; supra; treatment
Front Matter by none (2012) - A.B., University of Iowa; J.D., LL.M., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; college; director; health; indiana university; j.d; law; law school; mckinney; oflaw; professor; professor oflaw; school; university; university law; university robert; university school
Did Legal Education Fail Health Reform: And How Health Law Can Help by Mariner, Wendy K. (2012) - Did Legal Education Fail Health Reform: And How Health Law Can Help DID LEGAL EDUCATION FAIL HEALTH REFORM? AND How HEALTH LAW CAN HELP Wendy K. Mariner* I. INTRODUCTION ...................................... 1 II. 23 V. A BROADER VISION FOR HEALTH LAW .... Keywords: aca; care; commerce; education; health; health care; health insurance; health law; health reform; insurance; justice; law; law schools; lawyers; new; note; reform; report; research; rev; review; scholarship; schools; supra; system; u.s
Granular Control of EHRs to Overcome Fragmented Disclosure Law: How Policy Choices for Granularity Will Affect Clinical Care, Impact Secondary Use of Health Information,and Alter Risks for Patients and Providers by Drabiak-Syed, Katherine (2012) - 42 Vol. 10:1 GRANULAR CONTROL OF EHRs protected health information (PHI) and two subsets of sensitive health information, specifically mental health records and substance abuse and treatment records. The Office of the National Coordinator for Health Information Technology's HIT Policy Committee has asserted that a form of granular control over health data can protect the confidentiality of narrow categories of sensitive health information while fostering patient autonomy, promoting trust in medical providers, and building confidence in the growing use of HIT.55 Policymakers recognize that patients would like to exert some influence over who views this information and have discussed various systems of granular control over sensitive information.56 Proposed mechanisms for asserting granular 55 Advancing Privacy and Security in Health Information Exchange, HHS.GOV (Sept. 12, 2011), http://healthit.hhs.gov/portall server.pt/community/healthit hhs-gov privacy-and security/1147 (last visited Oct. 18, 2012) Keywords: care; consent; disclosure; health; health information; hie; information; law; medical; note; patient; providers; records; research; state; supra; use
Because of History, Philosophy, the Constitution, Fairness and Need: Why Americans Have a Right to National Health Care by Shuster, Kenneth (2012) - 34 Numerous attempts have been made over the years to reform aspects of national health care so that the problems so many Americans have with health care could be avoided. This history shows that (1) national health care for all Americans is possible, (2) the government is finally moving in the right direction when it comes to national health care, and (3) the federal government has authority and power over health care in this country. Keywords: americans; constitution; costs; coverage; government; health care; health insurance; health law; health program; indiana health; law; medical; medicine; national; national health; need; note; oct; payer; plans; program; right; society; states; supra; supra note; u.s; united
510(K) Clearance: Opportunities to Incentivize Medical Device Safety through Comparative Effectiveness Research by Swanson, Amanda (2012) - FEDERAL REGULATION OF MEDICAL DEVICE SAFETY AND EFFICACY .................................. 172 ABSTRACT The Food and Drug Administration's 510(k) clearance process, which clears medical devices for marketing based on their similarity to devices already available on the market, has remained almost entirely unchanged since its creation in 1976. Keywords: 510(k; act; approval; class; clearance; devices; drug; effectiveness; fda; health; information; iom; law; market; note; patients; process; regulations; report; review; safety; supra; supra note; surveillance; system; u.s; u.s.c; use; vol
Gestational Surrogacy Agreements: Why Indiana Should Honor Them and What Physicians Should Know until They Do by James, Alyssa (2012) - 10:1 2013 GESTATIONAL SURROGACY AGREEMENTS IN INDIANA intended father and the surrogate have a child that is genetically linked to both of them.4 Gestational surrogacy allows the intended parent(s) to have a child, through advanced reproductive technology, that is either genetically linked to themselves or a donor (the surrogate has no genetic connection to the child).5 As one woman describes, after facing years of infertility, a miscarriage, and losing all four of her quadruplets that were born prematurely, gestational surrogacy was the last hope for her and her husband to parent a biological child.6 Indiana law currently does not honor surrogacy agreements of any kind, including gestational surrogacy agreements. Gestational Surrogacy Agreements: Why Indiana Should Honor Them and What Physicians Should Know until They Do GESTATIONAL SURROGACY AGREEMENTS: WHY INDIANA SHOULD HONOR THEM AND WHAT PHYSICIANS SHOULD KNow UNTIL THEY Do Alyssa James* I. INTRODUCTION .............................. ..... Keywords: agreements; arrangements; birth; child; court; gestational; indiana; law; mother; note; parents; states; supra; surrogacy; surrogacy agreements; surrogate
Negligent Credentialing as a Cause of Action in Indiana Medical Malpractice Litigation by Stout, Lindsey (2012) - A.B., University of Iowa; J.D., LL.M., George Washington University Law School. In 2003, Indiana University School of Law - Indianapolis established a specialty law review focused specifically on health care law and policy: INDIANA NEALTH LAW REV IEW The scope of the INDIANA HEALTH LAW REVIEW includes bioethics, malpractice liability, managed care, antitrust, health care organizations, medical-legal research, legal medicine, food and drug, and other current health-related topics. Detach and mail this subscription form today to receive future issues Subscription Price: $20.00 * Two (2) Issues * Automatic Renewal * Foreign Mailing Is Extra Mail form to: Indiana Health Law Review Robert H. McKinney School of Law Indiana University - Indianapolis Attn: Executive Business Editor Lawrence W. Inlow Hall, Room 136C 530 W. New York Street Indianapolis, IN 46202-3225 Questions? Keywords: action; b.a; care; cause; claim; court; credentialing; credentialing claim; health; health law; hospital; indiana health; indiana university; j.d; law; law review; law school; malpractice; medical; oflaw; peer; peer review; plaintiff; professor; review; school; state; statute; university; university law; university robert; university school
Front Matter by none (2011) - The origins of the Indiana Health Law Review, as it is being told for the first time, is one of fate.. 291 Kristin Madison Donabedian's Legacy: The Future of Health Care Quality Law and Policy.................... .............................. Keywords: health; indiana; law; professor; review; school
Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy by Bernstein, Gaia (2012) - The statutory law of the state of Louisiana expressly states that compensated traditional surrogacy is void and unenforceable, but does not address uncompensated arrangements or gestational surrogacy.99 In Massachusetts, case law creates a de facto preference for gestational surrogacy, although no court has ruled directly on the enforceability of gestational surrogacy agreements. However, in gestational surrogacy, the eggs of the intended mother or a donor are used and the surrogate is not the genetic mother. Keywords: anonymity; child; donor; donor anonymity; eggs; gamete; law; mother; note; parents; practice; prohibitions; sperm; states; supra; supra note; surrogacy; surrogate; united
Donabedian's Legacy: The Future of Health Care Quality Law and Policy by Madison, Kristin (2012) - 362 Vol. 10.2 DONABEDIAN'S LEGACY quality improvement.153 Thus, the quality measures serve two roles in the shared savings program - to ensure that ACOs do not reduce health care quality in their effort to save costs, and to promote health care quality improvement. ' Part II attributes this shift to several factors, including a growing commitment to building an evidence base for medical practice, a firmer analytic foundation for assessing health care quality, and a rapidly accumulating body of research documenting deficiencies in care. Keywords: act; affordable; articles; care; care quality; data; health; health care; health law; hospital; improvement; law; malpractice; measurement; measures; medical; note; patient; quality; quality improvement; quality law; quality measures; reporting; review; supra; use
Why the Common Rule Is Hard to Amend by Evans, Barbara J. (2012) - Thus, data originally collected for treatment or administrative (for example, insurance) purposes could be used in de-identified form without consent, just as such data can be used under the present Common Rule. It found that even where the subjects are identified, informed consent may be deemed unnecessary, if certain conditions are met.179 These included some conditions similar to the waiver criteria in today's HIPAA and Common Rule waiver provisions, plus one very important condition that fell by the wayside and never was properly implemented.180 This omitted condition required that nonconsensual use of data and biospecimens be allowed only after a determination that the importance of the research justifies such invasion of the subjects' privacy.181 Keywords: act; agency; anprm; biospecimens; c.f.r; commission; congress; consent; data; drug; health; hhs; human; law; national; note; privacy; public; requirements; research; review; rule; secretary; supra; u.s.c
Health Evolution: (Quality Equals Learning) Plus (Ethics Equals Justice) by Hammer, Peter J. (2012) - Health care becomes particularly complicated given the important role of specialized knowledge (physician expertise), the inherently decentralized manner in which health care must be dispensed and the corresponding role of professionalism. Even if one looked at the entire resources devoted to public health, let alone the fraction seriously devoted to racial disparities, it constitutes a drop in the bucket compared to the resources that flow through private health care system. Keywords: care system; disparities; ethics; evolution; health; health care; health law; health system; information; insurance; law; learning; market; processes; public; quality; state; system
Putting Patients First: How the FDA Could Use Its Existing Powers to Reduce Post-Market Adverse Events by Bard, Jennifer S. (2012) - The FDA faces a difficult challenge in balancing the interest of the sponsors to recoup their investment by getting new products on the market quickly and that of the public which deserves a better understanding of the limits to which the FDA, the Sponsor or even the prescribing physician know of the risks when the product gets used in real life.9 5 PREVENTING ADVERSE DRUG EVENTS To DECREASE HOSPITAL COSTS (2001), available at http://www.ahrq.gov/qual/aderia/aderia.htm (last visited April 30, 2013) (Adverse drug events (ADEs) result in more than 770,000 injuries and deaths each year and cost up to $5.6 million per hospital, depending on size. See Ananya Mandal, Older Drugs May be Better Than Newly Approved Ones, NEWS MEDICAL (Sept. 13, 2011) (quoting Dr. Michael Carome, deputy director of Public Citizen's Health Research Group), http://www. news-medical.net/news/20110913/Older-drugs-may-be-better-than-newly- approved-ones.aspx. 7 21 U.S.C. § 355(o)(3)(B). 8 For an overview of FDA drug regulation see Susan Thaul, How FDA Approves Drugs and Regulates Their Safety and Effectiveness, Congressional Research Service (2012) http://www.fas.org/sgp/ crs/misc/R41983.pdf; see 21 U.S.C. §355(b)(6) Keywords: anonymous; care; companies; congress; data; drug; drug safety; events; fda; federal; health; indiana; industry; information; law; market; medical; medicine; new; patients; pharmaceutical; physicians; post; prescribing; prescription; protection; public; regulation; report; reporting; research; review; safety; sponsors; system; trials; use; vol; whistleblower
NCAA Student-Athlete Health Care: Antitrust Concerns regarding the Insurance Coverage Certification Requirement by Wood, Kyle R. (2012) - NCAA member institutions may voluntarily provide health care insurance for their student- athletes, but there is no requirement to do so. 27 Increasingly, it had become evident that reliance upon voluntary compliance by NCAA member institutions would not solve the myriad problems created by the dramatic expansion of intercollegiate athletics and the [financial] opportunities such growth presented. Keywords: aid; athlete health; athletes; athletics; benefits; care; college; collegiate; conference; court; coverage; division; football; health; health care; indiana; institutions; insurance; law; market; member institutions; membership; ncaa; ncaa student; note; participation; regulations; revenue; rules; sports; student; supra
The Decline of Mandatory Physical Education in Grade Schools Resulted in the Current Childhood Obesity Crisis and Consequently an Unsustainable Rise in Health Care Spending by St. Louis, Frandy (2012) - Physical education remained missing from the public education system for the better part of the nineteenth century until Dr. J.C. Warren-a medical professor at Harvard University and strong proponent of physical activity-developed credible evidence that showed the proper functioning of the body and mind necessitated regular exercise.14 Dalleck and Kravitz noted that [olne of the most important events [in the history of physical education] in the United States was the Industrial Revolution. 661 I. INTRODUCTION The empirically-minded, father of the field of logic, and pioneer of Greek philosophy, Aristotle (writing in politics- * J.D., Indiana University Robert H. McKinney School of Law, 2013; B.A., Georgia State University, 2010. INDIANA HEALTH LAW REVIEW 350 BCE), recognized more than two thousand years ago that Education (including physical education) is a function of the State.1 He further elaborated that education should be guided by legislation to make it correspond with the results of psychological analysis, and follow the gradual development of the physical and mental faculties of the individual.2 For Aristotle education-both traditional and physical-was a proper matter to be legislated. Keywords: activity; childhood; childhood obesity; children; crisis; decline; education; government; health; law; minimum; national; obesity; physical; public; school; standards; states; students; united
A Review and Evaluation of Indiana's INSPECT System and Governing Legislation: Maximizing Potential Impact on Public Health by O'Brien, Jacob (2012) - 4 0 Additionally, a growing number of states are making efforts to achieve agreements of interoperability between their respective program and the programs of other states, which allow for the sharing of prescription drug data across state lines. C I2diana ' INSPECT System The Indiana Scheduled Prescription Electronic Collection and Tracking (INSPECT) Program was created in its current form in 2004 as a means of collecting prescription drug information in accordance with Indiana legislation passed in the mid 1990's regarding such data. Keywords: abuse; data; drug; indiana; information; inspect; law; note; pmp; practitioners; prescription; prescription drug; states; supra; system
Front Matter by none (2013) - The ideas, views, opinions, and conclusions expressed in articles appearing in this publication are those of the authors and not those of the Indiana Health Law Review or Indiana University Robert H. McKinney School of Law. Subscriptions. Copyright Copyright C 2014 by the Trustees of Indiana University. Keywords: editor; executive; health; indiana; law; review
Setting the Stage: Enhancing Understanding of Bioethical Challenges with Theatre by Rothenberg, Karen H. (2013) - 117 In recent years and with major advancements in the technology, ECT has been considered a life-saver for many suffering from severe depression.118 Ironically, it also raises new ethical challenges for ensuring that access to the therapy is available for those who want it and can prove that they have the capacity to consent. Contrary to the medical community's presumption at the time that everyone would welcome the availability of new technology, Ken, and in fact the public, began to question its value to extend life at all costs. Keywords: bush; control; diana; fate; genetics; health; ken; law; life; new; note; rothenberg; society; stage; supra; supra note
Disclosure of Gamete Donation in the United States by Sabatello, Maya (2013) - While recognizing that such a change may negatively affect the number of donors, proponents argue that, the child's right to know prevails.4 As the debate continues and more nations adopt policies that allow for disclosure of donor information to recipient parents and children, it is important to take a closer look at the relevance of this debate to the United States. 40 Vol. 11:1 DISCLOSURE OF GAMETE DONATION information should be recorded and kept indefinitely, the organization's lack of legal teeth means that, ultimately, it is in the hands of the individual states to determine how to regulate the activities of private fertility clinics and gamete banks working in their region and how, if at all, to preserve gamete donors information. Keywords: children; clinics; disclosure; disorders; donation; donor; families; family; fertility; gamete; gamete donation; health; identity; information; law; medical; non; note; parents; recipient; right; sperm; states; supra; united; united states
Legal but Unethical: Interrogation and Military Health Professionals by Merriam, Eric (2013) - MHPs are associated with detainee interrogation in a variety of ways, with activities covering a spectrum from direct involvement in specific interrogation sessions to unrelated medical care for detainees who also happen to be subject to interrogation. In fact, Dr. Ogrisseg later identified seven key differences between the SERE training environment and detainee interrogation. Keywords: activities; bsct; care; detainees; ethics; general; geneva; guantanamo; health; health care; health law; health professional; hps; human; indiana; information; international; interrogation; interrogation activities; interrogation techniques; interrogators; law; law review; medical; memorandum; mhps; military; personnel; professional; purpose; report; review; standards; states; supra note; torture; training; treatment; united; use; vol
Accountability Partners: Legislated Collaboration for Health Reform by Morrell, Mark T.; Krouse, Alex T. (2013) - 241 D. Accountability to Patients for Cost Containment Under Affordable Care Act....................... 244 E. Toward Patient-Centered Medicine and Consumer Driven Choices ........................ ..... 226 Vol. 11:1 ACCOUNTABILITY PARTNERS most general sense, the term accountability partner5 means a person who agrees to accept responsibility and account for another's actions with the purpose of achieving specific, identifiable behavioral goals such as abstinence, temperance, financial stewardship, or avoidance of addictions.6 Following enactment of the Patient Protection and Affordable Care Act (the Affordable Care Act) in March 6 Our description of the term accountability partner incorporates a portion of the dictionary definition of the word accountability. Keywords: accountability; accountability partners; affordable; affordable care; care act; care providers; care services; community; community health; cost; coverage; federal; fraud; government; health care; health centers; health insurance; health law; healthcare; hospitals; indiana health; individual; insurance; law; medical; medicare; organizations; partners; patient; physician; practitioners; program; protection; providers; quality; reform; review; services; system; u.s.c; vol
HCQIA Does Not Provide Adequate Due Process Protection, Improve Healthcare Quality and Is Outdated under Obama Care by Ho, Paul K. (2013) - But modern thinking is that, although individuals do make mistakes, adverse outcomes are largely the product of system-level flaws and simply punishing individuals would not correct the larger problem.150 Additionally today, surgeons, anesthesiologists, and other invasive specialists increasingly practice in outpatient centers, and primary care physicians no longer treat hospitalized patients, thus making hospital peer review and the associated NPDB reporting inaccurate in identifying incompetent physicians.151 Kurt Eichenwald, Tenet Healthcare Paying $54 Million In Fraud Settlement, N. Y. TIMES Aug. 7, 2003, available at http://www.nytimes.com/2003/08/07/business/tenet-healthcare-paying- 54-million-in-fraud-settlement.html?pagewanted=print&src=pm.) Barring congressional legislative action, a higher level of judicial oversight of due process procedures is needed to serve as a check on hospital peer review. Keywords: care; hcqia; health; health care; hospital; immunity; law; medical; note; patient; peer review; physician; privileges; process; quality; review; review process; staff; standards; state; supra; van
Striking a Balance: Regulation of Raw Milk and a New Approach for Indiana by Anderson, Christopher M. (2013) - The BOAH report finds that including Indiana, twenty states do not allow the sale of raw milk to consumers, while thirty states allow some form of selling raw milk.145 Among the thirty states that do allow some form of raw milk sales, there is no overarching standard or regulation that all of the states use; however, virtually all of the thirty states do have some sort of regulatory system in place addressing the production and sale of raw milk.146 The large majority of states that do allow raw milk sales prohibit resale of the milk, and they also do not allow raw milk to be served in restaurants, hotels, schools, and health care facilities.147 Of the thirty states, eighteen do not allow raw milk sales anywhere except on the farm where the milk was produced. Only a small number of states have a limit on the number of cows or goats that can be milked or on how much milk can be sold at a time.153 Of the thirty states that allow raw milk sales to consumers, almost all of them require the raw milk producer to be licensed with the state and undergo regular sanitation testing to reduce the chance of raw milk being contaminated with pathogens. Keywords: boah; consumers; consumption; dairy; food; government; health; indiana; law; milk; milk sales; note; pasteurization; regulation; sales; states; supra
Front Matter by none (2013) - 609 Lindsay F. Wiley Access to Health Care as an Incentive for Healthy Behavior? Popular Cognitive Neuroscience, Brain Images, Self-Help and the Consumer............... 483 Leonard M. Fleck Just Caring: Do the Indolent, the Inebriated and the Irresponsible Deserve Equal Access to Needed Health Care? . . . . . . . . . . . . . . . . . Keywords: care; editor; health; indiana; law; review
Can We Trust Consumers with Their Brains: Popular Cognitive Neuroscience, Brain Images, Self-Help and the Consumer by Gunter, Tracy D. (2013) - 2014 517 INDIANA HEALTH LAW REVIEW technology.179 This tie between implied health information and brain products allegedly not designed or intended to diagnose or treat health problems is not subtle. Even when information is available, increasing scientific and health literacy will be one important step in helping the consumer become savvier regarding brain products. Keywords: apr; brain; brain health; brain products; brain science; brain self; change; claims; consumer; devices; drug; fda; function; health; health information; health law; help; help products; human; improvement; indiana; indiana health; information; law; making; market; marketing; mental; mind; neuroscience; note; people; products; public; regulation; research; review; risk; safety; science; scientists; supplements; supra; technologies; trust; understanding; use; vol; website
Access to Health Care as an Incentive for Healthy Behavior - An Assessment of the Affordable Care Act's Personal Responsibility for Wellness Reforms by Wiley, Lindsay F. (2013) - The author wishes to thank the participants in the Indiana Health Law Review's 2013 symposium for their engagement and feedback on this project at an early stage when the RAND report and 2013 Rule had not yet been released, Nick Masero and Jillian Rubino for their research assistance, and the students in her spring 2013 and spring 2014 health law classes for grappling productively with wellness programs during a particularly grueling small group exercise. The prevalence of wellness programs and their design features (including among smaller employers) are discussed further in Part II.A, infra. Keywords: aca; care; coverage; disease; employers; group; health; health care; health law; incentives; individuals; insurance; law; medicaid; note; participation; plan; premium; programs; rand; reforms; responsibility; results; reward; rule; smoking; standard; state; status; supra; weight; wellness; wellness programs
Rethinking Health App Regulation: The Case for Centralized FDA Voluntary Certification of Unregulated Non-Device Mobile Health Apps by Dayton, Samuel J. (2013) - Many of these apps fail to follow established medical guidelines, and few are tested through the sort of clinical research used for treatments sold by other means.8 Around 247,000,000 smartphone users are expected to have downloaded health apps in 2012.9 Some health apps, such as Lose it as used for weight loss, Azumio as used for measuring heart rates, and iTriage as used to check symptoms and search the local area for hospitals with the shortest wait times, appear to be quite good.10 However, consumers tend to have to rely upon descriptions written by an app's developers or the anonymous, mixed reviews. Apps are generally sold through third parties. 17 Id. 716 Vol. 11:2 RETHINKING HEALTH APP REGULATION signal to consumers which health apps had met an established set of protective criteria. Keywords: apps; certification; consumers; developers; device; draft; fda; ftc; guidance; happtique; health; health apps; law; medical; mobile; note; program; regulation; review; supra; supra note
Why Physicians Are Fiduciaries For Their Patients by Mehlman, Maxwell J. (2015) - Rodwin describes the following conflicts: obligations to more than one patient, such as when engaging in triage, considering the needs of other patients in deciding whether to place a patient in intensive care, treating both a dying patient and a patient in need of a transplant organ from that patient, and considering the interests of the fetus when caring for a pregnant woman ; an obligation to protect persons who are not their patients, such as physicians’ duty to institutionalize dangerous patients and warn identified third parties of a risk of harm from a patient and their duty to breach patient confidentiality to alert public health officials to a patient’s contagious disease; owing loyalty to certain organizations as well as to patients, such as sports teams, the military, hospital management, and employers; rationing medical resources on behalf of “providers, insurers, government, or society at large”; and “financial conflicts of interest.” In that case, a physician wanted to terminate a relationship with a dialysis patient who was noncompliant and whose bad behavior disrupted treatment for other patients. Keywords: action; app; breach; care; case; claim; court; doctors; duty; fiduciaries; fiduciary; health; health care; health law; interest; law; malpractice; medical; note; patient; patient relationship; physician; physician relationship; plaintiff; plan; relationship; rev; review; states; supra; treatment; trust; vol
Peeking Behind the Robes: A Not-so-Flattering Look at Medicare's Administrative Law Judges by Barry, Michael (2015) - I have argued dozens of Medicare appeals before Administrative Law Judges. This is the final administrative review level for Medicare appeals. Keywords: aljs; appeals; c.f.r; cms; employees; fraud; health; law; level; medicare; note; oig; omha; record; report; review; staff; supra; training
Healthcare Corporate Structure and the ACA: A Need For Mission Primacy Through a New Organizational Paradigm? by Corbett, Terry L. (2015) - For-profit hospitals: are owned by stockholders, are managed by a stockholder-elected board of directors, raise capital by issuing taxable debt and/or selling equity, and either distribute their net earnings as stockholder dividends or reinvest it to increase stock value.12 By contrast, nonprofit hospitals: are not “owned” in the traditional sense,13 are managed by either a membership- selected or self-perpetuating (usually unpaid volunteer) board of directors, raise capital through charitable donations and/or the issuance of tax-exempt debt (assuming 9 See infra Section IV.A.4.a. According to Courtney: “The new Ruling stated that the general law of charity considered promotion of health a charitable purpose; therefore, ‘[a] nonprofit organization whose purpose and activity are providing hospital care is promoting health and may . . . Keywords: aca; aco; act; benefit; business; capital; community; corporation; good; health care; health law; healthcare; hospitals; indiana health; insurance; law; medical; medicare; mission; new; nonprofit; organizations; patients; profit; profit hospitals; public; purpose; quality; revenue; review; section; services; structure; supra note; system; tax; value; vol
Transformations in Health Law Practice: The Intersections of Changes in Health Care and Legal Workplaces by Trubek, Louise G.; Zabawa, Barbara; Galowitz, Paula (2015) - The examination of these changes in such different settings highlights how health care lawyers adapt their practices. For example, one health lawyer who started out representing small clinics and nursing homes developed a specialty in Medicare appeals that earned him a national client base.74 Other health care lawyers in private practice may find niche areas in the types of clients they serve, such as alternative health care providers or behavior health specialists, rather than the large health care clients that once were the mainstay of large law firms.75 Other general health care lawyers in private practice may find themselves playing the role of client visionary and manager. Keywords: business; care; clients; community; counsel; health; health care; health law; health lawyers; house; issues; law; law practice; lawyers; legal; new; note; patients; practice; professionals; programs; role; services; supra; supra note; transformations; work
From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine by Rothstein, Mark A. (2015) - CONCLUSION Quarantine, one of the first tools of public health for the control of communicable diseases, remains a lawful and valuable public health strategy. Quarantine also raises in the starkest possible terms the fundamental ethical conflict of public health—the clash between individual and population rights and interests. Keywords: care; disease; ebola; epidemic; government; health; health care; health law; health officials; individuals; influenza; isolation; law; measures; new; note; officials; outbreak; people; public; public health; quarantine; sars; state; supra; supra note; times; united; vol; west
Are Bioequivalents Really Equal?: Generic Substitution in the Context of Mental Illness by Fairfax-Columbo, Jaymes V.; DeMatteo, David (2015) - GENERIC SUBSTITUTION IN THE CONTEXT OF MENTAL ILLNESS Jaymes V. Fairfax-Columbo and David DeMatteo∗ ABSTRACT Generic drugs are significantly less expensive than their brand name counterparts, and the use of generic drugs has increased drastically in recent years, representing upwards of 75% of all prescriptions filled in the United States. Theoretically, generic drugs are just as effective as their brand name alternatives; in fact, the FDA requires that generic formulations demonstrate “bioequivalence,” meaning that they show absorption rates of active ingredients that are within a range of 80-125% of that of brand name drugs. Keywords: bioequivalence; brand; consent; court; disorders; drugs; effects; generic; health; illness; individuals; ingredient; law; medication; note; patient; review; right; states; studies; substitution; supra; symptoms; treatment; u.s
Rethinking the Tort Liability System and Patient Safety: From the Conventional Wisdom to Learning from Litigation by Liang, Chih-Ming (2015) - However, neither was viewed as sufficiently effective at the dawn of the PSM.29 As a result, PSM activists initially turned their attention to error reporting systems as a promising alternative.30 The idea behind this proposal is to replicate the success of the Aviation Safety Reporting System (ASRS), a voluntary and no-blame system that many believe helps 27 Id. at 49 (“Preventing errors and improving safety for patients require[s] a systems approach in order to modify the conditions that contribute to errors.”) (emphasis added); see also CROSSING THE QUALITY CHASM, supra note 19, at 4, 8, 62, 78-79 (promoting the idea that safety and quality are a systemic property). The following section explores three notable examples of these activities, including: 1) filling the gaps in error reporting systems; 2) identifying causes to individual adverse events and their solutions; and 3) turning individual claim data into broader datasets for statistical analysis to identify the hidden patterns and trends of preventable errors. Keywords: claims; crp; errors; health; healthcare; law; learning; liability; liability system; litigation; malpractice; medical; new; organizations; patient; providers; quality; reform; reporting; resolution; review; safety; state; supra; supra note; system; tort; tort liability
Supporting the Rationale Behind the Hatch-Waxman Act and Patent Law: How Reverse Payment Settlements Under FTC v. Actavis, Inc. Can Be Procompetitive by Podgorny, Andrew E. (2015) - As a result of Actavis, pioneer drug manufacturers may allocate more resources into developing new active ingredients as opposed to updating formulas of old products.139 As one empirical study, analyzing what type of drug patents get challenged most frequently under the Paragraph IV route, suggests, generic companies more often challenge pioneer drugs using a new formulation as compared to pioneer drugs containing a new active ingredient.140 By focusing on new active ingredients, there is a lower risk of patent litigation because a generic company is less likely to challenge the patent’s validity. With all that is considered, pioneer drug manufacturers who input more resources into new active ingredients will likely have an increased chance, albeit a small increase, of avoiding patent litigation while also providing socially valuable research and development.141 Accordingly, the policy interests of the Hatch-Waxman Act and patent law are supported as new research will be completed, resulting in new drug development. Keywords: actavis; cir; court; drug; ftc; generic; hatch; inc; law; manufacturer; market; patent; patent law; payment; payment settlements; pioneer; reverse; settlements; waxman
Front Matter by Indiana Health Law Review, Indiana Health Law Review (2011) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. MARÍA PABÓN LÓPEZ, Professor of Law and Dean’s Fellow. Keywords: b.a; b.s; college; director; health; indiana; indiana university; indianapolis; j.d; law; law school; professor; review; school; university; university law; university school
Vaccines and Drugs: A Brave New Tort World by Sharkey, Catherine M. (2011) - Professor Davis urges more emphatically that tort litigation is needed for vaccine injuries as a “longstanding com- plement to more formal regulatory action for responding to uncertainty in risk information. In 2011, the U.S. Supreme Court ruled in Bruesewitz v. Wyeth that design defect claims against vaccine manufacturers were preempted.2 This follows closely on the heels of the Court’s decision in Wyeth v. Levine, finding that failure to warn claims against a drug manufacturer were not preempted.3 The symposium contributors—who include two prominent tort and product liability scholars (Mary Davis and Robert Rabin), a policy expert (James Copland), and a seasoned litigator (Malcolm Wheeler)—explore whether it makes sense to have separate legal regimes for vaccines and other pharmaceuticals. Keywords: copland; court; law; note; preemption; professor; tort; vaccine
The Vaccine No-Fault Act: An Overview by Rabin, Robert L. (2011) - In injury cases, as I indicated, the Fund has a ceiling on wage loss, and scheduling of pain and suffering; this is consistent with the no-fault model generally and it does avoid open-ended speculation that would particularly characterize a child or infant claim for lifetime lost wages, as well as pain and suffering, in the tort system. Thus, a special master with many years of experience tells me that in the early years of the program when he first started, ninety percent of the cases were covered cases, and now roughly ninety percent are off-table cases: it is that dramatic a change. Keywords: cases; compensation; injury; law; program; tort; vaccine
Administrative Compensation for Pharmaceutical –and Vaccine-Related Injuries by Copland, James R. (2011) - In fact, the tort system has a compensatory role, in which it offers payment to make those adversely affected by drug side effects whole. fees.39 The existence of the VICP, and the preemption of tort claims, has not seemed to deter continuing safety innovation in the vaccine market, as companies have expanded and modernized production capabilities, developed new and safer vaccine tech- nologies (such as the safer acellular pertussis vaccine, replacing old whole- cell technology), and brought new vaccines to market (including Gardasil, the first vaccine proved to prevent cancer in humans, introduced in 2006). Keywords: administrative; compensation; drug; fda; injury; law; litigation; market; new; pharmaceutical; system; tort; type; vaccine
The Case Against Preemption: Vaccines & Uncertainty by Davis, Mary J. (2011) - The Court also resisted discussing the presumption against preemption and increasingly relied on agency assessments of the role of state tort law as complementary to federal regulatory action.48 Subsequent cases display the Court’s own unease in assessing the scope of express preemption provisions. In Williamson, the Court speaking through Justice Breyer who authored Geier, concluded that state tort law did not actually conflict with the then current version of Stand- ard 208 because there was no indication that the federal agency intended to prevent States from “supplement[ing] through state tort law” federal minimum standards. Keywords: act; agency; analysis; bruesewitz; case; claims; congress; court; fda; inc; justice; law; preemption; state; tort; u.s; vaccine; wyeth
The Case For Preemption: Why the U.S. Supreme Court and the Administration are Wrong to Curtail Implied Conflict Preemption by Wheeler, Malcom E. (2011) - WHY THE U.S. SUPREME COURT AND THE ADMINISTRATION ARE WRONG TO CURTAIL IMPLIED CONFLICT PREEMPTION Malcolm E. Wheeler* TRANSCRIPT OF PROCEEDINGS1 Because you in the audience today are torts scholars interested in preemption and I am no longer in academia, but have been litigating preemption issues for more than a quarter-century, I’m going to provide some remarks about the practical development, rather than the theory, of preemption law. What changed was the tone, the essentially ad hominem, attack that Justice Stevens made on the then-chief counsel of FDA and on DOJ personnel who supported his interpretation of preemption law. Keywords: case; court; drug; evidence; fda; law; preemption; state; wyeth
AALS Torts and Compensation Systems Section William L. Prosser Award Bestowed Upon Guido Calabresi by Sharkey, Catherine M. (2011) - It is my great honor and pleasure to present the 2011 Prosser Award to Guido Calabresi. Guido Calabresi was a pioneer in the economic analysis of law. Keywords: calabresi; law
Perspective on Economic Critiques of Disability Law: The Multifaceted Federal Role in Balancing Equity and Efficiency by Burleson, Elizabeth (2011) - Perhaps the greatest achievement of the ADA is its exten- sion of disability rights to the private sector. B. The Bartlett Case In Bartlett v. New York State Board of Law Examiners,107 despite be- ing given extra time throughout law school, on the Multistate Professional Responsibility Examination and on the Pennsylvania Bar Examination, the New York State Board of Law Examiners repeatedly denied Dr. Bartlett’s applications for accommodations based upon a learning disability.108 Individuals with learning disabilities often have a difficult time con- veying their skills on standardized tests that are timed, yet, New York Bar Board member Laura Taylor Swain testified that the bar examination is not intended to measure the ability to work under time constraints.109 Rather, the Board assumes that there is sufficient time for the average person to an- swer the questions.110 Keywords: act; ada; children; court; disabilities; disability; education; idea; individuals; law; needs; people; rehabilitation; rights; schools; services; students; u.s.c
Hospital Tax-Exemption and the Community Benefit Standard: Considerations for Future Policymaking by Courtney, Bobby A. (2011) - Written while Congress was considering Medicare and Medicaid legislation, it has been asserted that this Ruling was a direct response to complaints from the hospital indus- try that the combination of private insurance and the new public insurance programs would reduce the overall demand for charity care, making it diffi- cult for hospitals to satisfy the IRS’s exemption requirement.20 The new Ruling stated that the general law of charity considered promotion of health a charitable purpose; therefore, “[a] nonprofit organization whose purpose and activity are providing hospital care is promoting health and may . . . While most states have historically recognized nonprofit community hospitals as being exempt from property taxes,46 a series of cases and legislation beginning in 1985 illustrate a growing concern that nonprofit hospitals are not providing charity care sufficient to meet exemption. Keywords: activities; benefit; care; charity; charity care; community; community benefit; costs; debt; exemption; financial; health; health care; hospital tax; hospitals; irs; law; medicare; note; patients; profit; report; revenue; review; services; standard; supra; supra note; tax
Exposing the Myth of Consent by Drobac, Jennifer A.; Goodenough, Oliver R. (2015) - Historically, our society has assumed that mature adults have the capacity to give legal consent immediately and permanently, applicable in many contexts under the law. Thus, legal consent indicates understanding and agreement to a proposed interaction. Keywords: actors; approach; assent; capacity; consent; contract; criminal; decision; decision making; doe; e.g.; health; health law; indiana; information; law; law review; making; minor; myth; neuroscience; note; pareto; persons; review; starbucks; stress; supra; tools; transaction; vol
And If Your Friends Jumped Off a Bridge, Would You Do It Too?: How Developmental Neuroscience can Inform Legal Regimes Governing Adolescents by Tennison, Michael N.; Pustilnik, Amanda C. (2015) - http://dx.doi.org/10.3389/neuro.09.006.2010 http://dx.doi.org/10.1007/s00422-010-0401-y http://dx.doi.org/10.1037/a0019077 2015 561 HOW DEVELOPMENTAL NEUROSCIENCE CAN INFORM LEGAL REGIMES GOVERNING ADOLESCENTS control,133 and can be measured with neuropsychological tests, such as the go/no-go task of inhibitory control.134 The relatively late development of the PFC and maturation of its connections to impulse-generating and emotion-generating regions of the brain may help explain the relative impulsivity and risk-preferring nature of adolescents—even when they “know better. See id. 2015 535 HOW DEVELOPMENTAL NEUROSCIENCE CAN INFORM LEGAL REGIMES GOVERNING ADOLESCENTS even more risky and thoughtless ways when they are together in groups.3 We do not need neuroscience to tell us adolescents are different. Keywords: adolescents; adult; age; autonomy; brain; case; criminal; decision; development; gang; harm; health; health law; indiana; juvenile; law; making; neuroscience; note; regimes; responsibility; review; risk; supra; supra note; teens; violence; vol; vulnerabilities
Mental Disabilities and Duty in Negligence Law: Will Neuroscience Reform Tort Doctrine? by Macchiaroli Eggen, Jean (2015) - Tort law, based as it is on human behavior, is an especially fertile area for interest in these developments. What is apparent, however, is that notwithstanding these concerns neuroscience may have much to offer tort law, both in individual cases and in the reform of tort doctrine. Keywords: brain; cases; court; defendant; disabilities; disability; duty; evidence; health; health law; law; negligence; neuroimaging; neuroscience; neuroscience evidence; note; person; physical; plaintiff; reform tort; restatement; rule; supra; tort; tort doctrine; tort law
Implications of Neuroscience Advances in Tort Law: A General Overview by Grey, Betsy J. (2015) - But we are getting closer to the point at which advances in neuroscience will inform various issues involved in tort law. Assuming that science can inform these legal issues, the question remains whether removing or reducing the significance of science or empirical questions will (or should) change the legal landscape in tort law, or whether other values or moral judgments are at stake in the area. Keywords: advances; behavior; brain; claims; harm; implications; individual; law; neuroscience; note; person; supra; tort; tort law
Will Neuroscience Redefine Mental Injury?: Disability Benefit Law, Mental Health Parity Law, and Disability Discrimination Law by Tovino, Stacey A. (2015) - 83 Id. 712 INDIANA HEALTH LAW REVIEW Vol. 12:2 qualified and licensed actuary who in good standing belongs to the American Academy of Actuaries.84 Before President Obama signed the health care reform bill into law, then, mental health insurance benefits were regulated by MHPA as expanded by MHPAEA as well as by more stringent state law.85 That is, unless a more stringent state law required a health plan to provide gambling disorder benefits or other mental health benefits (which state law usually did not), a health plan was not required to provide such benefits. ”157 Unlike private disability benefit law and health insurance law, in which neuroscience is being used to confront mental disability benefit and mental health insurance disparities, I have not yet seen a lobbyist, litigant, or other stakeholder try to use the current neuroscientific understanding of gambling disorder, discussed at supra Part III, to remove the gambling disorder exclusion in disability discrimination law. Keywords: benefits; disability; disorder; dsm; gambling; group; health; health benefits; health insurance; health law; health plans; individual; insurance; law; neuroscience; parity; plans; state; substance; use
Cosmetic Neurocognitive Enhancement and Healthcare Providers by Gunter, Tracy D. (2015) - 661 (2012); Hartung et al., supra note 50. 57 Stogner et al., supra note 55. Keywords: brain; care; cognitive; drugs; effects; enhancement; et al; health; health care; indiana; individuals; law; medications; modafinil; note; patient; people; prescription; providers; requests; review; risk; stimulants; supra; treatment; use; users
The Supreme Court's Overreaching Preemption Interpretation and Its Consequences: Granting Generic Drug Manufacturers Legal Immunity Through "The Duty of Sameness" in Mutual Pharmaceutical Co. v. Bartlett and PLIVA v. Mensing by Olson, Tyler W. (2015) - When the Hatch-Waxman Act was enacted in 1984, generic drugs accounted for 19% of all drug sales in the United States.56 The Hatch-Waxman Act’s ANDA process allowed generic drug manufacturers to enter the marketplace without the restraints new brand name drug manufacturers face. This labeling requirement has been argued (and interpreted) as meaning generic drug manufacturers are not able to unilaterally change their labels to strengthen warnings.69 The FDA approves generic drugs only if they are determined “safe for use” under “conditions of use 62 Wyeth, 555 U.S. at 578-79. Keywords: bartlett; brand; court; drug; drug manufacturers; fda; generic; health; inc; indiana; label; law; manufacturers; pharmaceutical; pliva; preemption; state; supreme; u.s
Physician Owned Hospitals: Congress Should CHange the ACA's Course of Treatment by Schade van Westrum, Melissa C. (2015) - Community hospitals have a difficult time competing with physician-owned hospitals because federal regulations prohibit the community hospitals from offering anything of value to physicians for referrals.217 Community hospitals also still must provide emergency or trauma services and charity care which provide little to no income to the hospital.218 If this is true, community hospitals are losing out on revenue because physician-owners are referring the profitable patients to physician-owned facilities, and referring the unprofitable or less profitable patients to the community hospitals, to bolster the physician-owned hospital profits and thus the physician- 212 Silva, supra note 43. Many believe that without some checks on the growth of specialty hospitals, community hospitals will find large declines in profit margins.157 The 2005 MedPAC report revealed that “physician- owned specialty hospitals do treat a higher percentage of patients who are less sick, and therefore less costly and more profitable, than patients receiving similar treatments at general hospitals. Keywords: aca; care; community; community hospitals; facilities; facility; health; hospitals; indiana; interest; law; medicare; ownership; patients; physician; physician hospitals; review; services; specialty; specialty hospitals; supra note
A Market for Human Organs: An Ethical Solution to the Organ Shortage by Crepelle, Adam (2016) - Aside from devaluing life, opponents of organ markets assert organ selling violates the medical principle of “do no harm” because extracting an organ harms the provider purely for commercial reasons.115 Indeed, some opponents of organ markets assert providing financial compensation for organs would decrease the quantity, as well as the quality, of organs available for transplant. Keywords: consent; donation; donors; government; health; http://; human; indiana; iran; iranian; kidney; law; life; living; market; medical; money; note; nov; organ; organ donation; organ market; organ shortage; people; poor; price; review; sales; sellers; solution; states; supra; supra note; system; transplant; transplantation; united; vol; waiting
Justice for Jailbirds: Summoning Bioethical Liberation for Death Row and Reinventing Indiana's House Bill 41 by Weichert, Samantha J. (2016) - D. Jury Deliberations Another substantial hurdle in gaining support for a bill to allow for death row organ donation is the risk that juries and judges may be more inclined to hand out death sentences. Though evidence points to several accounts of juror decision-making that seem hardly ethical—decisions and sentences based on faulty cognition, racial prejudice, and psychological pull,—we may be able to rule out this hurdle in the realm of death row organ procurement fairly quickly. Keywords: bill; death; death row; donation; execution; health; house; indiana; injection; inmates; justice; law; medical; oregon; organ; physician; prisoners; process; right; row; state
mHealth and Unregulated Data: Is this Farewell to Patient Privacy? by Frazee, J.; Finley, M.; Rohack, J.J. (2016) - 400 INDIANA HEALTH LAW REVIEW Vol. 13:2 North Carolina at Chapel Hill reveals that mHealth data can be used to improve risk profiling in the insurance industry and track users’ engagement with health and wellness activities.83 While evidence of such use is scant, it is clear that providers and insurers could use mHealth data to monitor and profile patients’ behaviors. Used in this manner, mHealth data could provide increased understanding of patient populations, but such use may simultaneously motivate paternalistic practices. Keywords: act; apps; consumer; data; devices; fda; health; hipaa; information; law; medical; mobile; note; patient; privacy; report; review; subject; supra; user
Identifying Schrodinger's Cat: Ex Rel. Kane and the Future of the Sixty Day Report and Return Rule by Mata, David A. (2016) - It states that the 60 days providers and suppliers have to repay Medicare overpayments would be modified to either 60 days after the date on which the 52 Id. at 138. Providers and suppliers would be required to repay any Medicare or Medicaid overpayment identified through an internal compliance audit.61 Although it implies that the clock starts when an overpayment is made, much less identified or known, this mark was likely intended to foster discussion in anticipation of a heated legislative session and is not written in a legal manner.62 Back in the House, the Ways and Means Committee, the Committee on Education and Labor, and the Committee on Energy and Commerce conducted markups of House Bill 3200 in July 2009 and reported them to the House floor on October 14, 2009.63 None of these markups changed the Rule’s text.64 House Bill 3200 ended with these three versions.65 Meanwhile, the Senate Finance Committee’s markup sessions produced Senate Bill 1796, reported out on October 19, 2009.66 Senate Bill 1796 contains the Rule in essentially its final form.67 The only difference between the Senate Bill 1796 version and the final version, are clean-ups involving updating or clarifying internal citations such as changing a reference to “title XVIII” to “subchapter XVIII.”68 Keywords: claims; kane; law; overpayment; person; rel; return; rule
It Isn't Crazy: Why Indiana Should Re-evaluate its Mental Health Related Bar Exam Application Questions by Box, Bailey L. (2016) - (holding that requirement that Maine bar applicants answer mental health questions “discriminates on the basis of disability and imposes eligibility criteria that unnecessarily screen out individuals with disabilities.”). Safeguards need to be put in place that will ensure Indiana bar applicants are mentally fit to practice law, both for their own safety and wellbeing, and for the protection of those that they represent and interact with in a professional capacity. Keywords: ada; applicants; application; bar; bar exam; exam; examiners; health; health law; indiana; indiana health; law; practice; questions; state
The Right to be Forgotten: Applying European Privacy Law to American Electronic Health Records by Brougher, Jordan D. (2016) - To address the United States' lack of health information privacy rights, the government should consider the following steps: explicitly recognize a right to data privacy; pass legislation that strengthens HIPAA enforcement granting a private right of action on the federal level; adopt a right of erasure for health data found acceptable to be removed by HHS through administrative notice and comment proceedings; and grant a right to be forgotten in HIPAA for information that is breached and released onto the Internet. ”117 HIPAA was a congressional attempt to provide administrative simplification of the health care system through a health information system with the electronic transmission of certain health information.118 HHS began to adopt a set of rules to govern health information privacy with the Privacy Rule.119 The Privacy Rule has three purposes best described in three words: protect – safeguard the rights of consumers “by providing them access to their health information” and restricting the inappropriate use; trust – “improve the quality of health care” by “restoring trust” between those supplying and seeking health care; improve – develop a “national framework for health privacy protection” to improve “efficiency and effectiveness.” Keywords: american; care; data; data privacy; european; health; health care; health information; health records; hipaa; information; law; note; patient; privacy; protection; records; right; states; supra; united
A Hospital-within-a-hospital: Good for Hospitals, Good for Patients by Connelly, Patricia (2016) - Medicare is a health insurance program run by the Centers for Medicare and Medicaid Services (“CMS”), as the operating agent of the Department of Health and Human Services (“HHS”), meant to assist both the elderly and the disabled.27 Hospitals agree to provide hospital services to those eligible for Medicare when hospitals file their agreement with the Secretary of HHS.28 Acute care hospitals agree to accept Inpatient Prospective Payment System (“IPPS”) payments when they deliver inpatient care to Medicare patients.29 Medicare pays for acute care hospital operating costs under a system called the prospective payment system (“Inpatient PPS”), where each discharge is paid for according to a predetermined specific rate.30 The prospective payment system was established for: the operating costs of inpatient hospital services furnished to Medicare beneficiaries in cost reporting periods beginning on or after October 1, 1983 and a prospective payment system for the capital-related costs of inpatient hospital services furnished to Medicare beneficiaries in 26 Underpayment by Medicare and Medicaid Fact Sheet, AM. A HOSPITAL-WITHIN-A-HOSPITAL: GOOD FOR HOSPITALS, GOOD FOR PATIENTS Patricia Connelly I. INTRODUCTION ................................................................ Keywords: c.f.r; care; catholic; community; costs; health; hospital; host hospital; indiana; inpatient; law; medicare; new; patients; payment; program; readmission; review; separateness; services; specialty; structure; system; vol
Incorporating Lawyers on the Interprofessional Team to Promote Health and Health Equity by Scott, Charity (2017) - Sociological Contributions see also Separate and Unequal: Racial Segregation and Disparities Across U.S. Nursing Homes The Toxic Trap: How a Disastrous Chain of Events Corroded Flint’s Water System Elevated Blood Lead Levels in Children Associated with the Flint Drinking Water Crisis: A Spatial Analysis of Risk and Public Health Response https://doi.org/10.2105/ajph.90.8.1212 https://doi.org/10.1177/0022146510383838 https://doi.org/10.1377/hlthaff.26.5.1448 https://doi.org/10.2105/ajph.2015.303003 Health (and Health Equity) in All Policies supra Class–The Ignored Determinant of the Nation’s Health ee also Educational Status and Active Life Expectancy Among Older Blacks and Whites See supra Health Disparities By Race and Class: Why Both Matter ee also supra https://doi.org/10.1056/nejmsb040329 https://doi.org/10.1056/nejm199307083290208 https://doi.org/10.1377/hlthaff.24.2.343 supra ee also Health in All Policies: A Guide for State and Local Governments supra supra ee also Health Impact Project supra Id. ee also ee also supra see also supra See generally Obesity and Public Policy: A Roadmap for Reform ee also supra Combating Obesity through the Built Environment: Is There a Clear Path to Success? https://doi.org/10.1111/j.1748-720x.2011.00608.x supra supra supra Health Impact Assessment Policy Approaches to Advancing Health Equity supra ee also supra supra Id. https://doi.org/10.1097/phh.0000000000000365 A. Promising Directions for Legal Interventions to Promote Health and Health Equity ee also supra ee Social Conditions, Health Equity, and Human Rights See supra supra see supra Id. Investing In Place ee generally supra Racial and Ethnic Approaches to Community Health REACH 2014 Our Commitment to Eliminate Racial and Ethnic Health Disparities The Individual Mandate: Implications for Public Health Law See Legal Innovations to Advance a Culture of Health https://doi.org/10.1111/j.1748-720x.2011.00610.x http://doi.org/10.1111/jlme.12328 supra Id. ee generally Paying People to Act in Their Own Interests: Incentives versus Rationalization in Public Health e.g., see also Paying People to Act in Their Own Interests: Incentives versus Rationalization in Public Health ee also “I Did It for the Money”: Incentives, Rationalizations and Health See generally Medical-Legal Partnerships: Collaborating to Transform Healthcare for Vulnerable Patients https://doi.org/10.1093/phe/phu035 https://doi.org/10.1093/phe/phu034 supra Did You Know?, Why Compton?, Id. Holding Schools Responsible for Addressing Childhood Trauma, , Taking a Broader View of Health: With Less Need for Charity Care, Hospitals Focus on Community Health Improvement ee also Can Hospitals Help Create Healthy Neighborhoods Hospital Community Benefit: How Partnerships Can Support Healthy Communities Id see also id Id Id see generally id Id Id outcomes motives Id https://doi.org/10.1001/jama.2015.16749 B. Professional and Graduate Education for the Future 1. Socioeconomic Gradients in Poor/Fair Health among Adults Aged 25 to 74 Years within Racial/Ethnic Groups in the U.S., 2008-2010.88 supra see also Trends and Group Differences in the Association between Educational Attainment and U.S. Adult Mortality: Implications for Understanding Education’s Causal Influence supra Social Determinants of Health and Crime in Post-Katrina Orleans Parish in Maps to #CloseHealthGaps; Life Expectancy Map: Atlanta https://doi.org/10.1016/j.socscimed.2014.11.024 Where Health Disparities Begin: The Role of Social and Economic Determinants–And Why Current Policies May Make Matters Worse see also supra 2016 County Health Rankings: Key Findings Report supra Addressing Health Disparities Is a Place- Based Issue https://doi.org/10.1377/hlthaff.2011.0685 https://doi.org/10.2105/ajph.2016.303077 Healthy People 2020 Lack of Progress on Eliminating Health Disparities supra see also Effects of Proximity to Supermarkets on a Randomized Trial Studying Interventions for Obesity Disparities and Access to Healthy Food in the United States: A Review of Food Deserts Literature supra see also Air Pollution and Early Deaths in the United States, Part I: Quantifying the Impact of Major Sectors in 2005 Zoning, Equity, and Public Health Social Determinants of Health See supra https://doi.org/10.2105/ajph.2015.302986 https://doi.org/10.1016/j.healthplace.2010.04.013 https://doi.org/10.1016/j.atmosenv.2013.05.081 https://doi.org/10.2105/ajph.91.7.1033 Remarks to the Committee on Community Based Solutions to Promote Health Equity in the United States HHS Disparities Action Plan supra see also Progress Toward the Healthy People 2010 Goals and Objectives HHS Disparities Action Plan supra HHS Disparities Action Plan Progress Report supra Healthy People 2010: final review supra Id. ee Keywords: disparities; equity; health; law; supra
The New Health Care Federalism on the Ground by Gluck, Abbe R.; Huberfeld, Nicole (2018) - The ACA implementation prompted some governors to buck legislators in their own party to take advantage of the Medicaid expansion for their citizens, underscoring state officials’ diverse priorities. And among state officials, regardless of party, a strong sense exists that state 75. See JAMES MADISON, THE FEDERALIST PAPERS NO. 45 (C. Rossiter ed., 1961) (“It is too early for politicians to presume on our forgetting that the public good, the real welfare of the great body of the people, is the supreme object to be pursued; and that no form of government whatever has any other value than as it may be fitted for the attainment of this object. Keywords: aca; care; exchanges; expansion; federal; federalism; government; health; implementation; insurance; interview; law; medicaid; new; note; policy; state; supra; telephone
From [A]nthrax to [Z]ika: Key Lessons in Public Health Legal Preparedness by Hodge, Jr., James G.; White, Lexi C.; Wetter, Sarah A. (2018) - These responses pursuant to “legal triage” include significant2 reforms in public health emergency (PHE) laws and policies during and after the exigencies. Only select law- and policy-makers argued for legal changes or systemic overhauls to address emerging threats, and virtually none foresaw the need for a complete restructuring of government to respond to public health emergencies. Keywords: act; cdc; control; diseases; efforts; emergencies; emergency; health; law; laws; liability; medical; national; order; phe; phes; powers; preparedness; president; protections; public; response; security; state; threats; u.s
Financial Conflicts in the New Era of Sunshine: What We Know and Still Need to Know by Saver, Richard S. (2018) - The literature on physician financial incentives cautions that there is a great deal more to consider than simply the amount of money conveyed. Financial conflicts in health care raise continual, thorny challenges7 for regulation, ranging from correctly identifying the problematic financial ties, to developing effective management strategies when the evidence base remains limited for many interventions, to avoiding deterrence of innovation and beneficial industry-medicine collaborations. Keywords: act; care; conflicts; data; database; disclosure; drug; health; industry; industry payments; information; interest; law; making; medicine; new; note; patients; payments; payments database; physicians; relationships; reporting; research; sunshine; sunshine act; supra; ties; transparency
Indiana's Public Health is in Jeopardy: Lessons to Learn from Toxic Chemical Contamination in East Chicago by Reed, Hannah (2018) - The Government’s Response Government failure to act in response to environmental health crises that affect poor urban communities is not new. Based on this recent public health disaster and the government’s poor track record of timely responses to environmental health crises, it is likely that public perception regards government agencies and actors as unhelpful and untrustworthy. Keywords: action; agency; chicago; contamination; east; east chicago; environmental; epa; government; health; housing; indiana; justice; law; lead; note; poisoning; public; residents; state; supra; supra note; wchc; west
Deploying Prescription Drug Monitoring to Address the Overdose Crisis: Ideology Meets Reality by Beletsky, Leo (2018) - Patrick et al., supra note 212; Pardo, supra note 212; Paulozzi et al, supra note 212; Li et al., supra note 212; Brown et al., supra note 212; See Johnson et al., supra note 212; Brown et al., supra note 212; Keywords: abuse; access; care; crisis; data; deaths; drug; drug monitoring; drug overdose; enforcement; et al; health; health care; health law; health surveillance; heroin; impact; implementation; indiana; information; law; legal; med; monitoring; mortality; number; opioid; overdose; pain; patient; pdmps; prescribing; prescription drug; privacy; programs; providers; public; review; risk; state; substance; supra note; surveillance; systems; use
Big Data Analytics: What Can Go Wrong by Hoffman, Sharona (2018) - J.H. van der Lee et al., Efficient Ways Exist to Obtain the Optimal Sample Size in Clinical Trials in Rare Diseases, 61 J. CLINICAL EPIDEMIOLOGY 324, 324 (2008); see also Seunggeun Lee et al., Optimal Unified Approach for Rare-Variant Association Testing with Application to Small- Sample Case-Control Whole-Exome Sequencing Studies, 91 AM. Biau et al., supra note 86, at 2282-83; Katherine S. Button et al., Power Failure: Why Small Sample Size Undermines the Reliability of Neuroscience, 14 NATURE REVIEWS NEUROSCIENCE 365, 365 (2013). Keywords: analysis; bias; cancer; causal; data; et al; findings; health; law; note; patients; records; research; researchers; sample; studies; study; supra; treatment
International and Operational Responses to Disease Control: Beyond Ebola and Epistemological Confines by Le Roux-Kemp, Andra (2018) - [https://perma.cc/6GZ9-VKYY]; Chico Harlan, An epidemic of fear and anxiety hits Americans amid Ebola outbreak, WASH. 256. N.Y. TIMES, Ebola outbreak raises ethical issues about spreading disease, SF GATE, http://www.sfgate.com/health/article/Ebola-outbreak-raises-ethical-issues-about-5884540.php [perma.cc/ZV5X-T3GY] (last updated Nov. 11, 2014). Keywords: africa; article; cases; control; disease; disease control; ebola; ebola outbreak; ebola virus; emergency; epidemic; example; global; health; health emergencies; health law; human; ihr; international; law; measures; new; oct; outbreak; people; public; quarantine; regulations; responses; rights; sars; sars outbreak; security; spread; states; supra note; virus; west; world
Once More Unto the Breach: How the Growing Threat of Ransomware Affects HIPAA Compliance for Covered Entities by McLarren, Connor (2018) - The U.S. Federal Government’s Response to the Growing Threat of HIPAA Data Breaches After months of major ransomware attacks across the country, Congress pushed to get HHS to recognize ransomware attacks as breaches.67 Representatives Ted Lieu (D, Cal.) and Will Hurd (R, Tex.) sent a letter to the OCR requesting that it recognize ransomware attacks as some sort of breach.68 In this letter, both congressmen acknowledged the unusual nature of the threat ransomware poses, wherein ransomware is largely a problem towards patient safety rather than privacy, but requested clarification and guidance from the HHS.69 Finally, in the summer of 2016, HHS released a fact sheet for the healthcare industry that outlined how it views ransomware attacks.70 After the user’s data is encrypted, the ransomware directs the user to pay the ransom to the hacker (usually in a cryptocurrency, such as Bitcoin) in order to receive a decryption key.5 The healthcare industry is now the most common target of ransomware attacks; reports suggest that hospitals were on the receiving end of 88% of all ransomware attacks.6 While ransomware attacks are devastating to hospitals, they have also created a legal quandary: while the malware locks hospitals out of their access to patient health records, determining whether or not that data has actually been breached and accessed by a third-party can be difficult to determine and depends on the variant of ransomware used in the attack.7 Keywords: attacks; breach; congress; cybersecurity; data; entities; entity; health; healthcare; hhs; hipaa; hospitals; human; information; law; note; phi; ransomware; records; supra; u.s
Repurposing the Affirmative Defense of Comparative Fault in Medical Malpractice Cases to Improve Patient Safety by Nunez Duffourc, Mindy (2019) - Certainly, the person who avails himself of “hospital facilities” expects that the hospital will attempt to cure him, not that it nurses or other employees will act on their own responsibility.18 The Bing court cleared the path for hospital liability stemming from the actions (or inactions) of individual healthcare providers through vicarious liability. v. Porter, 103 Ga. App. 752 (1961) (dismissing a claim of hospital negligence where although the hospital equipment in question was the newest model, there was no allegation that it was defective or not reasonably suited for its intended purpose); see also Lauro v. Travelers Ins. Co., 261 So.2d 261 (La. Ct. Keywords: app; court; defense; duty; fault; healthcare; hospital; individual; law; liability; medical; negligence; patient; plaintiff; provider; review
Patient One: An Exploration of Criminal Justice and Mental Health by Rigg, Robert R. (2019) - By incorporating mental health information in this first pleading, courts could make initial competency inquiries that would result in a medical evaluation and subsequent treatment.34 Finally, booking information recorded as an individual enters their term of incarceration should include mental health concerns by arresting officers or the booking agency. But, the parties in this case agree Iowa law controls if it is “more stringent” in protecting mental health information than the privacy restrictions imposed under HIPAA. Keywords: author; case; code; competency; court; criminal; defendant; health; hipaa; ihlr; information; iowa; justice; law; order; patient; person; report; request; source; state; trial
The Latest "Federal Movement" in the Food and Drug Law Arena: The Federal Right-to-Try or Rather Right-to-Know and Thus Request Investigational Therapies for Individuals with a Life-Threatening Disease or Condition by Termini, Roseann B. (2019) - However, according to the Goldwater Institute, in the last few years, approximately 41 states have enacted legislation that addresses investigational drug access by the terminally ill.14 These states include: Alabama, Alaska, Arizona, Arkansas, California, 4. FDA has the authority to exempt investigational use devices from particular requirements that other devices must abide by.66 An approved IDE application permits shipment of a device, otherwise subject to marketing clearance.67 An approved IDE permits use in a clinical trial to gather safety and efficacy data necessary to substantiate some 510(k) submissions and for PMA’s.68 Clinical studies are a requisite for a PMA and in some instances a 510(k) and require: an approved IDE by an institutional review board (IRB); informed consent from patients; labeling that details investigational use only; and records and reports.69 VI. Keywords: access; act; drug; fda; federal; food; health; law; medical; patient; review; right; section; state; treatment; try; use
Is Anyone Listening? The Legal Marginalization of Hearing Disabilities by Williams, Brendan W. (2019) - The most recent states to enact hearing aid insurance mandates were Georgia and Texas in 2017. Those states that do have hearing aid insurance mandates tend to confine them to children.6 Twenty-two states have such a requirement.7 Only four states–Arkansas, Connecticut, New Hampshire, and Rhode Island–require coverage for hearing aids for both children and adults.8 Hearing aids are very expensive, ranging from $900 to $3,500 or more per ear.9 Without insurance, that cost must be born out-of-pocket. Keywords: adults; aids; bill; children; cost; coverage; health; hearing; insurance; law; loss; mandate; medicare; new; state; washington
Everyone Hates Going to the Dentist! Are Dental Service Organizations Taking the Bite Out of Managing a Dental Practice in Indiana? by Meldrum, Karri L. (2019) - States like Arizona, Mississippi, New Mexico, North Dakota, Ohio, and Utah are states that permit full or partial ownership of dental practices by business entities through their corporate practice of medicine laws.57 In Utah, for example, the statutory code allows dental practice through a business corporation.58 The Utah legislature uses the following language to regulate dental practices: “[a] dentist licensed under this chapter may engage in practice as a dentist, or in the practice of dentistry only as an individual licensee, but as an individual licensee, he may be: . . . Moreover, the contractual obligation to render these services is explicitly subject to the regulation of dental practice in Indiana. Keywords: access; business; care; code; dental; dentist; dentistry; dsos; health; indiana; language; law; management; note; office; patients; practice; quality; regulation; review; services; state
Introduction: Exploring the Intersection of Immigration Law and Health Policy by Hoss, Aila (2019) - Our keynote speaker, Professor Wendy Parmet10 kicked off the symposium with historical account of how immigration issues have been pervasive throughout U.S. history and the use of health policy to advance an immigration agenda has always undermined public health. From a population health perspective, we learned about the health disparities and risk of immigrant populations and debunked the perceived threats to public health with the inclusion of immigrants into our society. Keywords: health; immigration; law; policy; symposium
The Public Charge Rule as Public Health Policy by Makhlouf, Medha D. (2019) - Id. at 51,173 (proposing to consider previously excluded public benefit programs); id. at 51,198 (describing heavily weighed negative factors). The Expansion of Public Benefits During the twentieth century, state and federal—as opposed to local—governments became increasingly responsible for the design and administration of a broad array of public benefit programs. Keywords: access; act; assistance; benefits; care; charge; charge grounds; charge policy; charge rule; families; grounds; health; housing; immigrants; immigration; inadmissibility; law; medicaid; noncitizens; note; policy; programs; public; rule; self; supra; welfare
The Worst of Health: Law and Policy at the Intersection of Health & Immigration by Parmet, Wendy E. (2019) - Meanwhile the Administration has proposed new proposed public charge regulations, which if promulgated, may cause millions of lawfully present immigrants to forego a broad array of programs that support health, including Medicaid and food stamps.9 All of these incidents, and many more, illustrate that when nativist immigration policy meets health law, health policy and public health tend to suffer.10 The health care system covers fewer people, while becoming costlier and less efficient.11 Public health is also jeopardized as punitive and futile efforts to keep diseases out by excluding or punishing newcomers replace evidence-based public health solutions.12 More subtly, when immigration and health policy meet, we lose sight of why the health policy exists in the first place is lost.13 This essay explores these issues, examining why and how laws and policies at the intersection of health and immigration are frequently problematic for both health policy and public health. Keywords: act; benefits; care; charge; children; health; health care; health law; immigrants; immigration; law; medicaid; note; parmet; policies; policy; programs; public; regulations; solidarity; supra; u.s
Immigration Policy and Public Health by Price, Polly J. (2019) - It cannot be said too often: Public health in the United States is underfunded and dangerously fragmented. When we talk about immigration reform, public health is often ignored, even though federal policy with respect to non-citizens vitally affects state and local governments. Keywords: care; charge; citizens; congress; disease; government; health; immigrants; immigration; law; non; policy; public; state; status; u.s
Law and Policy Approaches to Sex-based Disparities in Musculoskeletal Health Care by Griffin, Frank (2019) - These differences are present across organ systems throughout the whole body; yet women’s health research and regulation have historically focused on “women’s health issues” as those related to the reproductive system (e.g., childbirth) or “women’s diseases” (e.g., breast cancer) with the assumption that sex differences in other organ systems could be explained by differences in height, weight, etc.2 Biological, psychological, socioeconomic, and cultural factors interact to cause differences in health and health care for men and women.3 Recognition of sex-based differences in the medical needs of patients leads to improvement of health care delivery and outcomes.4 Medical teaching, treatment, and research outside of reproductive medicine have traditionally been gender-neutral5 1. INST. Generally, men have greater lean body mass with muscle composing a larger percentage of body mass than women.123 Sex differences in muscle response and recruitment may play a role in some injury patterns.124 Men and women have different gait and motion patterns, as well as different responses to muscle stiffness.125 Women have an “impaired ability . . . Keywords: acl; addition; athletes; care; differences; discrimination; disparities; et al; female; gender; health; health care; injuries; injury; knee; law; males; medical; pain; patients; physicians; research; sex; sex differences; specific; sports; supra note; surgery; treatment; women
Hoosiers Leading the Way: Prescribing Non-Opioid Controlled Substances Via Telemedicine by Austin, Carah J. (2019) - Id. 2019] HOOSIERS LEADING THE WAY 305 and access to care, health care providers have begun to use advances in social technology to provide health care in an easier and more efficient manner. , supra note 43 (showing the shortage of health care providers in rural Indiana). Keywords: access; care; cost; health; health care; home; indiana; law; medical; note; patient; physician; prescribing; prescription; providers; services; state; substances; supra; telehealth; telemedicine
#NoFilter: A Critical Look at Physicians Sharing Patient Information on Social Media by Tucci, Elissa (2019) - Secondly, while existing laws or guidelines have provided a barebones framework for the issue, they lack clear, specific language to inform proper standards for physician social media behavior. Another crucial difference that plays into the popularity of Snapchat physicians beyond that of the average user is “[t]he ‘gawker’ or ‘rubbernecking’ phenomenon, where people can't resist looking at disturbing things.”57 Keywords: authorization; care; content; guidelines; health; hipaa; indiana; information; instagram; law; media; medical; note; patient; physicians; posts; privacy; snapchat; social; supra; use; users
In Memoriam of Eleanor DeArman Kinney -- Professor of Law by Thompson, William H. (2021) - John Render, then Chair of Hall Render, had taught the Health Law class in my MHA program—John inspired me to go beyond health administration and pursue health law. Upon arrival, I was disappointed as to the lack of classes that had much to do with health law. Keywords: health; law
Standing on the Shoulders of a Giant by Terry, Nicolas P. (2021) - When I first met Eleanor, heard her talk, and read her scholarship, I experienced a very different branch of health law—the doctrine rooted in administrative law and the policy rotating around health care financing. These days I would be viewed by health law professors as having been brought up on the wrong side of the tracks. Keywords: eleanor; health; law
Works of Eleanor D. Kinney by deMaine, Susan David (2021) - Professor Kinney also developed an interest in health law at the international level when the idea of an “international human right to health” attracted notice. Medical malpractice and its reform were other areas of interest and influence for Professor Kinney. Keywords: care; d. kinney; eleanor; eleanor d.; health; kinney; law; medical; medicare; rev
Advancing the Human Right to Health: Eleanor Kinney's Seminal Contributions to the Development and Implementation of Human Rights for Public Health by Meier, Benjamin Mason; Gable, Lance (2021) - HEALTH 639, 641 (2013) (“In order to obtain the information on health rights necessary for this study, a coding team fluent in several official UN languages reviewed the constitutions of 191 UN member states as amended to two points in time: August 2007 and June 2011.”). Although the U.S. government played a key role in the early development of the right to health under international law,21 it had long faltered in the implementation of these rights-based norms through U.S. health care policy.22 As other nations moved to establish universal health care systems, the expanding U.S. system of private employer-sponsored insurance and the strident opposition of the American Medical Association repeatedly blunted calls for sweeping government action.23 Yet, despite the failure of these early efforts to bring about universal health care, such rights-based advocacy spurred incremental efforts to expand government involvement in health care in the United States—universal access to emergency care, coverage for the needs of the elderly and indigent, and access to basic services for children—offering evolving government recognition of rights-based obligations for the health of the most vulnerable members of society.24 However, these increasingly expansive efforts failed to codify a universal right to comprehensive health care. Keywords: care; health; human; international; kinney; law; professor; right; states; u.s; united
Professor Kinney on the Human Right to Health Care: Continuing the Conversation by Wright, R. George (2021) - Unfortunately, in neither the context of health care access nor in that of the idea of equality itself have the leading contemporary scholars reached anything remotely like a consensus.74 With some oversimplification, understandings of fairness and equality in the context of health care rights fall into five largely distinct families. First are the approaches to health care rights that we may think of as especially rigorous and demanding with respect to genuine equality of distribution.75 Second are the approaches that we may refer to as “prioritarian.”76 Keywords: approach; equality; foundation; health; health care; human; international; kinney; law; luck; note; phil; professor; rev; right; supra; supra note
Health Care Reforms and the Challenge of Inequality from a Human Rights Lens: Lessons from Europe by Alexiadou, Elisavet Athanasia (2021) - Finally, as a way of addressing current and future imbalances in health care that generate inequality, the article concedes that health care reforms should be designed and implemented not in isolation from, but in consistency with human rights requirements and particularly with the right to health requirements. In fact, health care reforms based on the privatization of health care provision have raised a human rights concern in that the choice of privatization as a health care reform measure can be detrimental to the equitable availability and accessibility of health care, especially when this reform initiative is poorly conceived and under-regulated by a state.63 Nonetheless, it must be conceded that regulated health sector privatization with substantial and sustained insurance subsidization for disadvantaged groups in society is possible to create a window 61. Keywords: access; care; countries; european; groups; health; health care; human; law; note; reforms; rights; roma; states; supra
Eleanor Kinney Tribute by Furrow, Barry R. (2021) - The other prong of Medicare reimbursement may be the Mr. Hyde of Medicare’s regulatory toolbox. ”28 QIOs haven’t yet evolved into a valuable federal compensation system, but Medicare evolution in its use of system reform and reimbursement penalties perhaps has opened to door to Eleanor’s elegant proposal. Keywords: eleanor; health; hospital; law; medicare; patient; program; quality
A Cross-disciplinary Giant at the Crossroads of America by Silverman, Ross D. (2021) - She left a tremendous impression on me; I can safely say, were it not for Eleanor’s influence on the field of health law, on my alma mater, and on me personally, I would not figuratively and literally, be where I am today. However, the same average for countries that had no provision regarding health or health care was $716.95.22 While Eleanor and her coauthor were not surprised by this finding, they did feel that the widespread inclusion of such constitutional provisions served as both progress toward universal international recognition of a human right to health, as well as a policy imperative for those underperforming countries to pursue.23 This article’s integration of issues of health law, policy, and human rights, and its use of empirical analytical techniques to hold states accountable for the implementation of promises expressed in law, has been a significant influence on and inspiration to me as a scholar. Keywords: care; eleanor; health; indiana; kinney; law; policy; research
A Look Back at the Evolution of the Family Smoking Prevention and Tobacco Control Act and the Present-Day Impact on "Overlooked and Belated Issues" by Termini, Roseann B. (2021) - By way of illustration, the FDA issued over 1,300 warning letters to tobacco retailers for selling tobacco products, such as e- cigarettes, e-liquids, and cigars to minors and since 2010, the FDA issued approximately 1,800 violations against the Walgreen company for selling e- cigarette products to minors.136 Further, the FDA has increased inspection of e- cigarette manufacturers and seized documents.137 In 2018, former FDA Commissioner Gottlieb issued statements about the epidemic regarding the use of e-cigarettes by youth, and the agency issued a Youth Tobacco Prevention Plan including that of enforcement.138 The FDA and FTC have joint coordination concerning the promotion of e-cigarettes that resemble candy, cookies, and juice boxes.139 Further, a hearing was held in late 2018 to discuss efforts to eliminate youth e-cigarette use, focusing on the potential role of drug therapies to support 135. The FSPTCA amended the Food, Drug, and Cosmetic Act (“FDCA”) and other federal laws by granting FDA regulatory authority over tobacco products.14 This includes cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco.15 Keywords: act; admin; cigarettes; court; drug; drug admin; family; fda; food; health; law; nicotine; note; prevention; smoking; states; supra; tobacco; tobacco control; tobacco products; tobacco use; u.s; united; use; warnings; youth
The Death Sentence That Is America's Toxic Prisons by Carpenter, Taylor (2021) - THE UNCONSTITUTIONALITY OF TOXIC PRISONS Forcing inmates to live on toxic land is unconstitutional not only an environmental justice concern since it disproportionately affects minorities and low-income individuals, but it is also unconstitutional.127 These exposures are unconstitutional in two ways—first as a substantive due process violation under the fourteenth amendment, and second as a form of cruel and unusual punishment under the eighth amendment.128 It is a substantive due process violation because by building prisons on or near toxic land sites the government created a danger 122. [Vol. 17:229 disparity illustrates why inmates need to be included in the environmental justice movement—it’s supposed to protect these vulnerable groups of people.9 So far, the discussions examining inmate health through an environmental justice lens has largely focused on the building sites for new prisons.10 However, the recent addition of the prison layer to the Environmental Protection Agency’s (hereinafter “EPA”) “Environmental Justice and Screening Tool” is an example of the positive progress in this area.11 According to the EPA, the tool uses national data and amalgamates environmental and demographic indicators into maps and reports.12 Keywords: cause; center; cir; coal; danger; environmental; exposure; harm; health; indifference; inmates; justice; law; note; prisons; problems; site; state; supra; toxic
The Relationship Between Food Sovereignty and Hawaiian Health: The Implications Behind Alexander and Baldwin's Recent Land Sale by Correa, Kaylee Kilolani Michiko (2021) - THE RELATIONSHIP BETWEEN FOOD SOVEREIGNTY AND HAWAIIAN HEALTH 259 landowner on Maui.18 The people of Hawai#i are quite familiar with private corporations coming in and purchasing land for commercial land development.19 Haunani-Kay Trask, a prominent Hawaiian activist, educator, and writer, noted that since 1893, Hawaiian lands have been used for things like urbanization, resorts, and plantation agriculture.20 While most Hawaiians are not supportive of the land development that occurred and continues to occur throughout the islands, they disagree on something that could impact Hawaiian land rights: federal recognition.21 Federal recognition is one of several Hawaiian rights advocacy approaches circling around the Native Hawaiian community22 – indigenous peoples rights, decolonization, and sovereignty are the three other main theories.23 Federal recognition grants tribes a government-to-government relationship with the United States in which they can self-govern and receive federal assistance.24 The Concept of Food Sovereignty Food sovereignty is where Native Hawaiian land rights and Native Hawaiian health intersect. Keywords: a&b; act; community; federal; food; food sovereignty; government; hawai#i; hawaiian; health; land; law; mahi; maui; native; note; peoples; pono; relationship; rights; rule; sovereignty; states; sugar; supra; supra note; united
Stop Playing Through It: Why Indiana Needs to Reassess Its Stance Towards Brain Injuries and Its Current Concussion Protocol in High School Sports by Piercey, Joshua (2021) - Kevin Seifert, NFL concussions continue to rise, ESPN (Jan. 26, 2018), https://www. Bob Grotz, Despite concussion concerns, NFL players say game here to stay, DEL. COUNTY DAILY TIMES (Aug. 22, 2017), https://www.delcotimes.com/sports/despite-concussion- concerns-nfl-players-say-game-here-to-stay/article_285e4b14-5172-52b1-9ffb-939bf5fc19e6.html Keywords: brain; concussion; football; game; head; health; high; indiana; injury; law; nfl; players; playing; protocol; rules; safety; school; sports; symptoms; test
The Legal Battle with the Future of Autonomous Surgical Robotics by Villanueva, Andrew (2021) - In order to understand the importance and issues that occur with autonomous surgical robotics, it is key to understand the basic fundamentals of what autonomous surgical robotics are and how they operate. Thus, making autonomous surgical robotics a very real notion that should gain the respect of the legal system. Keywords: driving; element; future; human; law; level; note; notion; order; regulations; robotics; robots; safety; self; state; surgery; surgical; system; technology; usage; vehicles
Am I My Cousin's Keeper? A Proposal to Protect Relatives of Genetic Database Subjects by Field, Robert I.; Orlando, Anthony W.; Rosoff, Arnold J. (2021) - They permit use of potentially identifiable information, such as biospecimens and individual-level genomic data, but only subject to specified safeguards against unauthorized disclosure.277 However, there are exceptions to the safeguards when disclosure is required by federal, state, or local laws, is necessary for medical treatment, is authorized by an IRB, or is consented to by the patient.278 Studies have shown that the rigor of IRB oversight of genetic database research varies considerably.279 For example, IRB members differ widely in their characterization of the ethical implications of genetic data and of the risk of subjects being identified.280 This inconsistency suggests variability in the extent to which IRB members understand the nature of genetic databases and the threats they can present to subject privacy.281 While such variability is not limited to comprehension of genetic information,282 the complexity of genetic research coupled with its relative novelty may exacerbate gaps among IRB members in understanding this kind of information. Thus, they are a good foundation to work from in fashioning protections for genetic data privacy. Keywords: access; act; clinical; companies; consent; cousin; data; databases; discrimination; dna; dprbs; enforcement; federal; genetic; health; health law; human; individual; information; irbs; keeper; law; medical; new; note; patient; privacy; proprietary; protection; public; research; review; risks; rule; sharing; studies; subjects; supra; testing; use
Anti-Vaccine Misinformation and the Law: Challenges and Pitfalls by Reiss, Dorit Rubinstein (2021) - In that case, you have anti-vaccine people who are very well-educated and well- spoken come in. Most of my talk will focus on anti-vaccine misinformation because that is where I started looking at this. Keywords: covid-19; health; law; liability; misinformation; misrepresentation; people; vaccine
Confronting Child Trafficking by Todres, Jonathan (2021) - I want to talk about where we are today on human trafficking, and on child trafficking in particular. I will begin with an overview of the current response to human trafficking, which is largely grounded in a criminal justice framework.1 I then will discuss briefly a range of other possibilities or additional frameworks that could be drawn upon and have been used to a limited extent, including human rights frameworks. Keywords: child; evidence; health; human; justice; law; response; risk; survivors; trafficking
Public Health Surveillance in the Context of COVID-19 by Oliva, Jennifer (2021) - There are two primary types of digital contact tracing applications, one of which is preferred to the other on privacy and efficacy grounds. Ireland and Germany also have launched digital contact tracing applications with open-source codes that anyone can inspect, and those countries have realized relatively high application adoption rates with their citizens. Keywords: applications; contact; covid-19; data; health; information; law; privacy; public; states; surveillance; technology; tracing; united; user
Daddy Doctor: Why the Rights of Intended Parents are not Adequately Protected in Indiana by Amani, Rani (2021) - By 1977, artificial insemination with donor sperm produced about 3,567 children.39 This estimate at least octupled by 2010, “the most recent year for which good data is available. Gamete donation functions either by inserting donor sperm into a woman’s reproductive tract or by combining donor eggs with sperm and transferring the resulting embryos to a woman’s uterus.57 Some people use donated gametes . . . Keywords: act; cline; code; doctor; donation; donor; fertility; fertility fraud; fraud; gamete; health; indiana; law; note; parents; patient; sexual; sperm; states; supra; supra note; united
Safer is Better: Paving the Path for Safe Consumption Sites in Indiana by Weaver, Alexis (2021) - This is where safe consumption sites come in. A. Roadmap This Note will aim to do three things. First, it will posit the public health need for the implementation of safe consumption sites by compiling the data on overdose deaths, the transmission of disease through unsafe substance use practices, and lack of access to treatment. Keywords: consumption; consumption site; county; deaths; disorder; drug; exchange; harm; health; indiana; injection; law; opioid; overdose; program; public; reduction; safehouse; site; state; substance; substance use; syringe; treatment; united; use
Residential Eviction and Public Housing: COVID-19 and Beyond by Alexander, Anne Kat (2021) - Blocking eviction notices and filings, rather than just enforcement of eviction orders, is key because tenants move out at all stages of the eviction process, beginning with the first notice to quit. 2021] RESIDENTIAL EVICTION AND PUBLIC HOUSING 265 orders that included eviction moratoria.114 The last of these orders, in place for the months of August and September, were enforcement-only eviction moratoria that postponed only enforcement of eviction orders and only for households that had experienced financial hardship due to the pandemic.115 During the last month of the order, September 2020, more than 900 eviction cases were filed in Duval County, Florida, home to Florida’s capital, Jacksonville.116 Two other problems emerge because of this flaw. Keywords: act; assistance; cases; court; covid-19; emergency; eviction; eviction cases; eviction moratoria; federal; filing; health; housing; indiana; landlords; law; mar; measures; moratorium; note; order; pandemic; policy; process; programs; public; rent; rental; state; supra; tenants
Structural Racism in Housing in Indianapolis by Roisman, Florence Wagman (2021) - RACIAL COVENANTS Although racial covenants also date from the 19th century, they became particularly widely used as explicit racial zoning laws were invalidated.14 7. RICHARD B. PIERCE, POLITE PROTEST: THE POLITICAL ECONOMY OF RACE IN INDIANAPOLIS 1920-1970, at 84 (2005) (stating that a Notre Dame professor’s study concluded that: “By the late 1960s, whites no longer needed racial covenants and neighborhood associations to block African-American movement into white neighborhoods. Keywords: americans; covenants; housing; indianapolis; law; note; people; programs; racism; rothstein; segregation; supra; u.s; urban; white; zoning
A Survey of Three Patent-Based Approaches that May Play a Role in Drug Prices by Fuller, Megan (2021) - This echoed the same position that Justice Ginsburg took when dissenting in Kirtsaeng, where she argued that a foreign sale should not exhaust U.S. copyright protections.56 Regardless, most economists believe that parallel importation will result in more uniform pricing: namely, lower U.S. prices and higher prices abroad.57 In its best-case scenario, the establishment of international exhaustion will align U.S. patent law with free trade principles, decreasing international price discrimination.58 Notably, there is no uniform agreement on this point. This means that, in the past, authorized sales and the corresponding distribution of patented medicines by pharmaceutical manufacturers to countries outside the U.S. (e.g., direct sales of a drug to Canada) would not terminate U.S. patent rights to that drug; or, at least, the law has historically been unclear on this point.18 Therefore, most people believed that re-importation of medicine initially sold or distributed to a foreign country, and then re-imported back into the U.S., would be considered an act of patent infringement.19 This rule is important to pharmaceutical re-importation because prices are lower in Canada and many other foreign countries than they are in the U.S.20 One reason for this is that some governments (e.g., Canada) “are the primary or only payer of health care and in effect [can] dictate the prices of medicines as a condition of market access.”21 Keywords: canada; drug; exhaustion; health; hopping; importation; inc; international; law; lexmark; market; note; patent; pharmaceutical; prescription; prices; product; rights; supra; u.s
Teamwork Makes the Scheme Work: State Licensure Verification for National Provider Identifier Applicants by Singer, Anthony (2021) - TEAMWORK MAKES THE SCHEME WORK 421 National Provider System (“NPS”)—ultimately expanded to encompass providers not enrolled in Medicare.25 These efforts all occurred prior to the enactment of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which required that the HHS Secretary “adopt standards providing for a standard unique health identifier for each individual, employer, health plan, and health care provider for use in the health care system,” taking into account “multiple uses for identifiers and multiple locations and specialty classifications for health care providers.”26 HIPAA’s “standard unique health identifier” requirement was one part of a broader goal of “administrative simplification,” wherein the law “encourage[d] the development of a health information system through the establishment of standards and requirements for the electronic transmission of certain health information. Over the course of four years, Williams had applied for and acquired at least twenty National Provider Identifiers (“NPIs”) from the Centers for Medicare and Medicaid Services (“CMS”).2 The NPI is a unique, ten- digit identification number that health care providers and health plans “must use . . . Keywords: act; cms; court; department; fed; fraud; government; health; health care; health identifier; hipaa; identifier; information; justice; law; npi; nps; pleading; provider; reg; standard; system; williams
Localism and the Opioid Crisis: Overcoming State and Federal Hurdles to City- and County-Run Supervised Injection Facilities and Syringe Exchange Programs in Indiana by Thompson, Sam (2021) - Because a syringe can be considered drug paraphernalia and the possession of paraphernalia is expressly prohibited by Indiana law, opponents’ first inclination might be to assert that Indiana’s Home Rule Act would not enable Indiana cities to declare such an emergency.97 Again, it is a matter of framing the issue – it is 89. This is not to say that Indiana cities do not face an incredibly rocky path in considering SIFs and SEPs; they do. Keywords: act; cities; city; county; crisis; drug; government; health; home; indiana; injection; law; note; opioid; overdose; purpose; rule; safehouse; seps; sifs; states; statute; supra; syringe; united; united states
Two Roads Converged in a Legal Wood: The Intersection of Litigation Funding and the False Claims Act by Fuqua, Erik (2022) - In June 2020, Principal Deputy Assistant Attorney General Ethan Davis mentioned it as well in a similar forum.105 Mr. Davis acknowledged that “the United States has an interest in knowing who is behind [qui tam cases]” and explained that DOJ attorneys had been instructed to begin asking questions about litigation funding during relator interviews.106 The DOJ can use reasonable scrutiny to address litigation funding concerns in FCA cases.107 It has already begun asking “for the identity of the funder, whether the relator has shared information relating to the qui tam allegations with the funder, whether a written agreement exists, and whether the agreement entitles the funder to exercise any direct or indirect control over the relator’s litigation or settlement decisions. Although litigation funding concerns do not justify an absolute prohibition on the practice, amendments to the Federal Rules of Civil Procedure (“FRCP”) and the FCA itself could help facilitate the government’s review process and address residual concerns. Keywords: act; cases; concerns; court; doj; fca; funding; government; law; litigation; litigation funding; relator; states; tam; u.s; united
Reverse Payment: A Comparative Study by Gabison, Garry A.; Tameez, Zaakir (2022) - Of these three, only generic competition exerts significant downward pressure on drug prices. Nonetheless, medication spending remains a substantial portion of total healthcare spending in France, the UK, and the US.11 Competition authorities in the US and the EU have cracked down on some practices that enable drug manufacturers to extend their monopoly power and add to healthcare costs. Keywords: agreements; antitrust; brand; case; cir; companies; competition; court; delay; drug; entry; european; generic; health; law; manufacturers; market; medication; patent; payment; pharmaceutical; price
The Law, Economics, and Governance of Generation COVID-19 Long-Haul by Puaschunder, Julia; Gelter, Martin (2022) - In addition, the multiple COVID variants existent by now impact the transmission likelihood and trajectory of the disease in symptoms and outcome differently.36 B. Potential Long-Haul Impact of COVID-19 In about 10-50% of those symptomatically or asymptomatically previously infected with SARS-CoV-2, impairment continues long after the infection – in some cases even after having been tested negative for COVID-19.37 Long COVID, also known as post-COVID-19 syndrome, post-acute sequelae of COVID-19 (“PASC”), chronic COVID syndrome (CCS) and long-haul COVID is a persisting convalescence period after a coronavirus disease 2019 infection.38 Post-COVID conditions comprise a wide range of new, returning and/or ongoing health problems that individuals can experience four or more weeks after the first infection.39 So-called COVID-19 Long Haulers face impairment lasting more than 4-12 weeks after exposure to the virus. [Vol. 19:47 Longer lasting COVID-19 symptoms appear to come in waves, can be wide- ranging, and include – by now – over 200 different symptoms, such as cognitive dysfunction, numbness or tingling, loss of taste, smell and other senses like hearing and vision, muscle pain, tinnitus, heart rate and blood pressure issues, inflammation, joint pain, gastrointestinal discomfort, insomnia, depression and anxiety but also dermatological anomalies mainly in the gum, hands, fingers, feet and toes.44 From the physical but also the psychological standpoint, COVID long- haul impairment is reported to be particularly challenging.45 The etiology of COVID-19 Long Haulers currently appears to fall in three major – partially overlapping – groups of health problem clusters: (1) those with strong infection cases and long-term organ or tissue damage, (2) those with initially mild cases that develop waves of obscure symptoms that either resemble inflammatory and/or autoimmune diseases, and/or (3) neurological impairments that bleed into a traumatized psychological state.46 Recovery remains unclear but for irreversible damage, such as scars on lungs, and damage to the heart tissue, transplantations appear the most promising long- run remedy. Keywords: age; attention; bank; capital; change; climate; conditions; coronavirus; covid-19; crisis; data; disability; disease; economics; economy; environment; european; future; generation; generation covid-19; governance; groups; growth; haul; haulers; health; health law; healthcare; human; impact; indiana; industries; infection; information; international; labor; law; long; market; new; online; pandemic; patients; people; policy; potential; prevention; puaschunder; public; recovery; review; risk; self; shock; social; society; status; supra note; symptoms; system; term; time; trends; u.s; vol; work; world
Readers of Tea-Leaves: A Common Sense Good-Faith Defense for Private Party Section 1983 Defendants in the Seventh Circuit by Taylor, Brad (2022) - denied, 114 S. Ct. 470 (1993) (“We accordingly hold that private defendants sued on the basis of Lugar may be held liable for damages under § 1983 only if they failed to act in good faith in invoking the unconstitutional state procedures, that is, if they either knew or should have known that the statute upon which they relied was unconstitutional.”). denied, 114 S. Ct. 470 (1993) (“We accordingly hold that private defendants sued on the basis of Lugar may be held liable for damages under § 1983 only if they failed to act in good faith in invoking the unconstitutional state procedures, that is, if they either knew or should have known that the statute upon which they relied was unconstitutional.”). Keywords: circuit; court; defendant; faith defense; good; immunity; law; liability; public; reliance; state; statute; u.s; wyatt; wyatt v.
Virtual Learning in a Pandemic and Its Effects on Lower-Income Students: How the Education Gap is Widening Beyond Repair by Goschke, Alaina (2022) - In October 2020, Mayor de Blasio reopened schools in New York City for all grade levels- six weeks later, he closed schools again as cases in New York City began to rise.266 Mayor de Blasio then reversed his decision to close schools and reopened them for elementary school students and children with advanced disabilities, with middle school students being able to return soon after.267 By reopening schools, the city’s 3% positivity rate threshold was disregarded, as the average positivity rate in New York City is around 8%.268 However, participation in online learning varied by household income: 85.8% of school children living in a household with an income of $100,000 or more reported using online resources, compared to just 65.8% of school children living in a household with an income less than $50,000.10 A. Education in the Judiciary In 1954, the Supreme Court of the United States stated education is a “principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment.”11 Keywords: access; act; children; covid-19; districts; education; health; home; income; income students; indiana; law; learning; new; note; online; pandemic; person; public; school; states; students; supra; supra note; teachers; united
Sperm and Eggs in Consideration of Money: A Pound of Flesh for Three Thousand Ducats? by Allen, Adeline A. (2022) - [https://perma.cc/G23H-H3MH]. 2022] SPERM AND EGGS IN CONSIDERATION OF MONEY 299 higher rate of pre-eclampsia for pregnancies using donated gametes may be a reason for the immunological changes in the bodies of those conceived with sperm donation.225 So donor conception carries concerning risks, both known and unknown, particularly for egg donors and donor-conceived children. Other things that may be bothersome about donor conception, in particular to the children conceived with donor sperm, are the use of pornography and masturbation in the ejaculation of their donor sperm. Keywords: body; children; conception; consideration; contract; donation; donor; donor conception; egg; eggs; flesh; gametes; gordley; health; human; justice; law; market; money; moschella; nature; parents; person; pound; selling; shakespeare; spar; sperm; supra note; swanson
Checking the Box-es: Attempting to Subvert Roe by Conn, Kathleen; Kovit, Brianna (2022) - The court declared the fetal remains provision of HEA 1337 to be unconstitutional.89 Circuit Judge Manion concurred in the decision about the unconstitutionality of the ban on selective abortions but disagreed with the court’s decision about the disposal of fetal remains. RELEVANCE OF SELECTIVE ABORTIONS TO THE EUGENICS MOVEMENT A. Justice Thomas’s Concurrence Beginning his concurrence, Justice Thomas lauded Indiana’s ban on selective abortion as promoting the state’s compelling interest in “preventing abortion from becoming a tool of modern-day eugenics. Keywords: abortion; circuit; court; decision; health; inc; ind; indiana; june; law; parenthood; state; thomas; woman
Reconnecting the Patient: Why Telehealth Policy Solutions Must Consider the Deepening Digital Divide by Hoffman, Laura C. (2022) - Even then, there is the fear factor of getting the technology but not knowing how to use it and knowing where to turn in order to acquire the assistance, education, and training necessary to use the technology.61 c. Reliable internet coverage The availability of and access to internet service is not merely enough to ensure telehealth access. See id. 2022] RECONNECTING THE PATIENT 367 communicable diseases especially during a pandemic, and decreased need for paid personal assistance services”, it is critical to consider the challenges this transition to technology-based medical care could pose in further implementation as the pandemic nears an end.94 The significance of exploring the challenges for people with disabilities in telehealth access and developing strategies is critical as it can embrace intersectionality for other populations already discussed that are also embedded into the disabled population.95 Keywords: access; audio; broadband; covid-19; digital; disparities; divide; federal; healthcare; internet; law; medicare; note; pandemic; patient; policy; populations; research; services; state; supra; technology; telehealth; telemedicine; u.s; use
Health & Justice: How Misconduct Commissions Revived COVID Protocols Through Judicial Discipline by McGhee, Marcus Alan (2022) - They found that Magistrate Rivers failed to avoid impropriety and the appearance of impropriety and failed to cooperate with other judges and court officials in the administration of court business.90 With this decision the Supreme Court made it clear that allowing your feelings to override your responsibilities as a judge would not be tolerated. HOW MISCONDUCT COMMISSIONS REVIVED COVID PROTOCOLS THROUGH JUDICIAL DISCIPLINE MARCUS ALAN MCGHEE* I. NATURE OF THE PROBLEM The Model Code of Judicial Conduct is a set of standards for the ethical conduct of judges.1 These rules are promulgated, not as an exhaustive guide, but as guidance to assist judges in maintaining the highest standard of judicial and personal conduct.2 When there are violations of these ethical norms, these rules also provide a basis for regulating judicial conduct through disciplinary agencies.3 This Article seeks to answer the question of whether a judge’s impartiality can reasonably be questioned if they decide not to participate in or discourage healthcare directives articulated by the executive branch and other health care organizations during a global pandemic. Keywords: attorney; code; conduct; court; fleegle; health; judge; judicial; law; magistrate; model
The Intersection of Harm Reduction and Zoning Law: A Growing Divide Between NIMBYs and Public Health Initiatives by Hunter, Gavin P. (2022) - As can be seen in the case study of harm reduction sites struggling to find a foothold in Indiana communities, as well as the struggle for Safehouse to find a site of operation within Philadelphia, NIMBYism permeates throughout communities.195 When individuals are simply seeking compassion and medical care, it seems superfluous to dismiss them just because some members of the community may not like the form in which they receive care. For example, Insite, the first safe consumption site in Canada, was found to have averted approximately fifty deaths within its first three to four years of operation.200 These deaths were found to have been prevented because people were less likely to engage in harmful behaviors associated with drug use.201 It was also discovered that although individuals would use drugs under medical supervision at Insite, there were no signs that it led to an increase or further encouragement of drug use within the area.202 It therefore would again be in derogation of the Supreme Court’s reasoning in Euclid to deny zoning ordinances for harm reduction sites based on public health concerns. Keywords: community; consumption; county; court; drug; harm; harm reduction; health; indiana; individuals; law; note; public; reduction; sites; state; substance; supra; use; zoning
Gutting Grutter: The Effect of the Loss of Affirmative Action on Diversity Among Physicians by Bhasin, Asees; Curfman, Gregory (2023) - ”144 Harvard University just invested one-hundred million dollars to redress its ties to slavery,145 and measures such as this may be consistent with devising a new compelling interest. See Kimberly Strawbridge Robinson, Supreme Court Decouples Harvard, UNC Affirmative Action Cases (2), BLOOMBERG (July 22, 2022), https://news.bloomberglaw.com/us-law- week/supreme-court-separates-affirmative-actions-cases-for-jackson [https://perma.cc/63TK- Y5E2]. 132. Keywords: action; admissions; brief; college; court; diversity; grutter; harvard; health; justice; law; medical; race; sffa; students; supreme
Nonmedical Exemptions to Public School Vaccination Mandates in the Post-Pandemic World: Solutions Within Existing State Frameworks by Dhooge, Lucien J. (2023) - See, e.g., Mahmoud-Davis, supra note 76, at 244 (contending that “[t]he number of individuals who might claim vaccination exemptions on philosophical grounds could pose significant risks to the public health and safety” in a multi-state emergency). Specifically, in Workman v. Mingo City Board of Education, the Court of Appeals for the Fourth Circuit concluded that the termination of religious exemptions in West Virginia did not impermissibly interfere with the free exercise of religion.44 In Whitlow v. California, the U.S. District Court for the Southern District of California concluded that the U.S. Constitution does not require religious exemptions, and that the right to practice religion freely does not give individuals the liberty to expose the community to communicable disease or children to the risk of ill health and death.45 In Love v. State Department of Education, the California Court of Appeals held that repeal of the state’s religious 40. Keywords: ann; beliefs; children; code; code ann; conscience; disease; exemptions; health; individual; law; mandates; note; objections; parents; public; religion; requirements; rev; school; school vaccination; sincerity; stat; states; supra; supra note; text; vaccination; vaccine
Under-treatment of Pain in Black Patients: A Historical Overview, Case-based Analysis, and Legalities as Explored Through the Tenets of Critical Race Theory by Habib, Muhammad Hamza (2023) - 2. Shoshana V. Aronowitz et al., Mixed Studies Review of Factors Influencing Receipt of Pain Treatment by Injured Black Patients, 76 J. ADVANCED NURSING 34, 34-46 (2019). 2023] UNDER-TREATMENT OF PAIN IN BLACK PATIENTS 65 I. UNDERSTANDING THE MEDICAL TERM “PAIN” Before venturing into a deeper analysis of the disparity of pain care among Black patients, it is important to understand how pain is defined as a medical term in healthcare settings. UNDER-TREATMENT OF PAIN IN BLACK PATIENTS: A HISTORICAL OVERVIEW, CASE-BASED ANALYSIS, AND LEGALITIES AS EXPLORED THROUGH THE TENETS OF CRITICAL RACE THEORY MUHAMMAD HAMZA HABIB* ABSTRACT Pain, also called the “fifth vital sign” is an important topic in healthcare settings. Keywords: cancer; case; cell; clinicians; data; disease; healthcare; issues; jacqui; law; management; medical; medications; opioid; pain; pain management; patients; sickle; state; study; treatment; undertreatment; white
Defending Disabilities: How Indiana Should Approach Adjudication and Punishment of Individuals with Intellectual Disabilities in Sexual Crimes by Golightly, Evan (2023) - According to the DSM-5, an intellectual disability’s severity is measured by evaluating adaptive functioning and not by IQ scores.36 Adaptive functioning is more helpful in assessing intellectual disabilities because it more accurately identifies the support levels an individual requires, whereas IQ levels can be skewed by additional disabilities and are typically less reliable in the lower range time they were written, but for consistency’s sake, “intellectual disability” will be the prevailing term used to address the issue this Note focuses on. 29. AM. Data from the Centers for Disease Control and Prevention has indicated that rates of children being born with intellectual disabilities has been steadily increasing.170 Intellectual disabilities are going to play a larger role in the criminal justice system, so preparation is crucial. Keywords: code; court; crime; criminal; disabilities; disability; indiana; individuals; justice; law; note; punishment; raymond; state; statute
The Safe Harbor of 35 U.S.C. § 271(e)(1): The Costly Confusion About the Scope of "Patented Invention" by Phillips, Abraham (2023) - Though Allele could use the technology internally, Allele generates a large part of its revenue from producing and selling cutting edge technology for clinical and therapeutic use and develops an array of research tools.187 A second consequence of limiting enforceability of research tool patents is that fewer patents will be issued on research tools commonly used in generating data for FDA approval. Referring to Eli Lilly, Merck states it is “apparent from the statutory text that § 271(e)(1)'s exemption from infringement extends to all uses of patented inventions that are reasonably related to the development and submission of any information under the FDCA.”157 Whether “any information” signifies that the information need not relate to approval of the subject patented invention has not been answered by the Supreme Court, and as we have already seen, is a subject of disagreement in lower courts.158 It has been over fifteen years since this textualistic statement of the statute concerned holders of research tool patents. Keywords: 271(e)(1; allele; approval; court; district; fda; harbor; inc; invention; law; merck; patent; pfizer; pharm; research; subject; tools; u.s; use
Insider Trading in the Clinical Trial Setting by Horwich, Allan; Brawley, Crista M. (2023) - See, e.g., United States v. Kosinski, 976 F.3d 135, 141 (2d Cir. 2020) (alleging stock price dropped 58% after announcement of termination of clinical trial); Order Instituting Proceedings, In re Sweeney, Securities Exchange Act Release No. 95204 (July 7, 2022) (alleging that stock dropped 71% after disclosure of discontinuance of clinical trial); Order Instituting Proceedings at ¶ 6, In re Spector, Securities Exchange Act Release No. 95163 (June 27, 2022) (alleging, in clinical trial insider trading case, where company “had never generated revenues and depended on products then in development for future revenues” and the drug in question “was its lead product candidate, and the only one publicly identified as having advanced to the clinical trial stage of development,” stock dropped 75% when bad news was disclosed.). Recent developments in the law might be applied in connection with clinical trial information in ways that would not have been foreseen until recently. Keywords: 10b-5; agreement; c.f.r; case; clinical; company; confidence; confidentiality; disclosure; drug; fda; gov; health; https://www.sec; information; insider trading; law; material; mnpi; note; participant; person; public; relationship; research; review; rule; sec; securities; setting; sponsor; stock; supra; supra note; text; trade; trial
From (Moral) Status (of the Frozen Embryo) to (Relational) Contract and Back Again to (Relational Moral) Status by Margalit, Yehiezkel (2023) - Among the most daunting problems are the moral and legal status of the frozen embryo; what should its fate be in the event of conflicts between the progenitors?; and whether contractual regulation of frozen embryos is valid and enforceable. This breathtaking biomedical innovation highlighted the dilemmas that can occur in today’s extensive preservation and donation of frozen embryos across the United States as well as in other countries throughout the world. Keywords: abortion; agreement; approach; autonomy; care; caring; child; contract; discussion; disposition; embryo; ethics; family; fetus; health; herring; human; jewish; l. rev; law; margalit; moral; mother; note; obligations; parent; person; personhood; progenitors; property; relational; relationship; rev; rights; social; status; supra; supra note; theory
Regulating the Marketing of Foods to Minors by Salbu, Steven R. (2023) - REGULATING THE MARKETING OF FOOD TO MINORS 315 offered so-called “kids meals” that come with a toy prize.95 Some companies create an array of different promotional toys tied to a popular movie.96 A child who undertakes the challenge to collect the entire set may be encouraged to eat substantial amounts of food to meet that goal.97 Not only are free toys included with food products; they are also tied to children’s television or movie characters, enhancing both slogan recall and product identification.98 Children “associate fictional characters and toys with certain food products, conflating excitement over their favorite cartoon or toy with enthusiasm about a food product. This Article examines one pressing public health issue: should we regulate food marketing in the interest of good diet and nutrition for minors? Keywords: advertising; childhood; children; choices; claims; companies; consumer; diabetes; disease; food; government; health; healthful; individual; industry; law; marketing; meals; minors; nutrition; obesity; parents; products; public; regulation; rev; self; tobacco; toys
An Argument for Multi-District Climate Litigation by Lewellen, Sidney M. (2023) - U.S. climate litigation often faces procedural obstacles that have prevented climate cases from being resolved on the merits.8 Section VI considers how on-going climate advocacy is necessary to ensure that money recovered from climate cases is allocated to climate-related purposes. Keywords: baltimore; cases; change; city; climate; climate cases; climate change; climate litigation; companies; court; district; health; law; litigation; mdl; oil; opioid; policy; public; state; tobacco
Activating Law and Human Rights to End Tuberculosis: An Empirical Assessment of Ten Countries' Fulfillment of United Nations Commitments by Citro, Brian (2024) - ”20 Notwithstanding the failure to consider patent-related barriers to TB medicines, both Secretary-General reports acknowledge that “achieving equitable access to new TB medicines and technologies remains a major challenge. By contrast, only two countries have enacted TB laws—Russia and the Philippines—neither of which prohibits discrimination against people affected by TB. Keywords: access; act; art; assessment; branch; china; commitment; constitutional; countries; discrimination; end; health; health law; human; law; legislative; medicines; national; patent; people; plan; recognition; rights; score; tuberculosis; unhlm
The Medical and Legal Plight of Sickle Cell Patients: A Case Study of Racial Disparities in Health Care and the Potential Legal Remedies by Windermere, Sonora (2024) - Instead of comparing their Black patients with white patients, hematologists would more likely compare their Black patients to each other, not as Black patients, but as SCD patients, when considering different treatment approaches and assessing the potential for abuse. THE MEDICAL AND LEGAL PLIGHT OF SICKLE CELL PATIENTS A CASE STUDY OF RACIAL DISPARITIES IN HEALTH CARE AND THE POTENTIAL LEGAL REMEDIES SONORA WINDERMERE, SUPERVISED BY: KENNETH B. NUNN, J.D.* TABLE OF CONTENTS Introduction Section 1: Why Are SCD Patients Under-treated? 1.1 – Opioids Work, but How 1.2 – Mislabeled Addiction Leads to Mistreated Pseudoaddiction 1. 3 – Racially Biased Medical Treatment Is Poor Treatment 1.3.1 – Racialized Research Created a Hard Habit to Quit 1.3.2 – Get Race Out of Medical Decisions 1.3.3 – When Racial Bias Goes from Paper to Practice 1.4 – Black Patients and Distrust Go Way Back Section 2: Is There Any Justice for SCD Patients? 2.1 – Approaches to Physician Liability 2.1.1 – Medical Malpractice 2.1.2 – Informed Consent 2.1.3 - Breach of Fiduciary Duty 2.1.4 General Barriers in Physician Liability Cases 2.2 - Civil Rights Liability 2.2.1 – Title VI 2.2.2 – Intentionality 2.2.3 – Judicial Reluctance to Finding Liability 2.3 – Approach to Substantive Due Process Claims Section 3: How Can a Broken System Recover? 3.1 – Better Trained Physicians Make Better Physicians 3.2 – The Resources Exists, Just Not Enough 3.3 – Emergency Physicians Need to Step Up 3.4 – More Efficient Opioid Use is Possible 3.5 – Expect and Demand More from Medicine and the Law INTRODUCTION Sickle cell disease (SCD) is an inherited blood disorder that afflicts 100,000 Americans and is predominantly found in people of African and Mediterranean1 * M.D., J.D. Graduate 2021, University of Florida Colleges of Medicine and Law, now completing her surgical training at Shands Hospital in Gainesville, FL. Keywords: addiction; bias; care; cell; cell patients; discrimination; disease; emergency; evidence; health; health care; law; legal; medical; opioids; pain; patients; physicians; plaintiff; prescribing; race; research; scd; scd patients; sickle; sickle cell; treatment; white
Keep Saying Gay: How Nationwide “Don’t Say Gay” Bills Violate the First Amendment, Chill Protected Speech, and Hinder Public Health Outcomes by Foist, Hunter (2024) - Under Tinker, a school can censor student speech when the speech causes, or is likely to cause, a material disruption.74 While Florida school officials may be able to show that some LGBTQ speech is likely to cause disruptions, it is wholly unconvincing that simply 66. Already, teachers across Florida have been asked to take down stickers showing support for LGBTQ students and to remove rainbow items from classroom decorations.94 The public health impacts of limiting or restricting student speech about LGBTQ issues cannot be understated. Keywords: bill; florida; gay; gender; health; indiana; law; lgbtq; note; people; school; speech; students; supra; teachers; u.s; youth
How Our Buildings Shape Us: An Argument Against PL 180’s Preemption of Local Government Control Over Green Building Codes In Indiana by Rice, Hope (2024) - Their strategies to address this problem include implementing programs that reduce heat impacts on buildings and adopting policies for post-flood repairs to damaged infrastructure.88 Richmond also plans to evaluate how their local business community will be affected by increasing costs to recover from extreme weather events and higher insurance rates.89 PL 180 precludes Richmond from requiring that homes and local businesses build or retrofit their buildings with green building materials; as a result, Richmond will continue to mitigate destructive climate events, spending local tax dollars on these issues in perpetuity, instead of being able to require green building codes which would provide a long-lasting foundation of protection and economic savings. Some examples of Indiana municipal building codes are: The Consolidated City of Indianapolis’ municipal building code, see Building Standards and Procedures, CITY OF INDIANAPOLIS, https://www.indy.gov/activity/building-standards-and-procedures [https://perma.cc/ Z5PG-AKK6] (last visited Mar. 18, 2023); Richmond, IN’s municipal building code, see Richmond City Code, Title XV, Ch. 150 (2021) Keywords: building; building codes; change; climate; codes; communities; companies; construction; effects; energy; environmental; gas; governments; green; health; home; hoosiers; indiana; law; materials; note; rule; state; supra; use
Codified Disparity: The Medicaid IMD Exclusion, Mental Health Parity, and Congressional Intent by Gray, J. Michael E. (2024) - For a discussion of the history of mental health parity legislation, including MHPA, see Colleen L. Barray et al., A Political History of Federal Mental Health and Addiction Parity, 88 MILBANK Q. 404 (2010). 110 Subsequent landmark legislation represents a more humanitarian bent in the arc towards healthcare justice for the people who are compoundedly marginalized by both living in poverty and being in need of mental healthcare services. Keywords: act; care; congress; exclusion; federal; health; healthcare; imd; law; legislation; medicaid; medicare; mental; parity; people; psychiatric; services; smi; states; treatment; u.s.c
With Liberty and Justice for ALL: The Case for Decriminalizing Homelessness and Mental Health in America by Hegde, Siya; Martin, Carlton (2024) - WITH LIBERTY AND JUSTICE FOR ALL: THE CASE FOR DECRIMINALIZING HOMELESSNESS AND MENTAL HEALTH IN AMERICA WITH LIBERTY AND JUSTICE FOR ALL: THE CASE FOR DECRIMINALIZING HOMELESSNESS AND MENTAL HEALTH IN AMERICA SIYA HEGDE AND CARLTON MARTIN * I. INTRODUCTION Against this backdrop, Section III details the history of homelessness criminalization, focusing more narrowly on the criminalization of mental health and the emergence of involuntary civil commitments as a proxy of the criminal legal system. Keywords: act; care; city; conditions; court; disabilities; health; homelessness; housing; human; illness; indiana; individuals; justice; law; martin; mental; new; note; people; policy; poverty; public; review; rights; state; supra; u.s; york
Inventions and Patents for Treating Thyroid Disease by Munoz-Robles, Brizzia; Haney, Brian (2024) - 195 This Paper seeks to advance the literature toward a concrete framework for Thyroid Patent valuation by defining patent value metrics with reference to the state-of-the-art. supra note 3, at 8; see also Elske T. Massolt, Translational Studies Toward Understanding Clinical Effects of Thyroid Hormone 9 (Nov. 21, 2017) (PhD Thesis, Erasmus University Rotterdam), https://repub.eur.nl/pub/102891/proefschriftMassoltvoorPedel.pdf [https://perma.cc/78XP-ZK RC] (“Thyroid hormone is synthesized by the thyroid gland, which is located ventrocaudal of the thyroid cartilage.”). Keywords: claim; clinical; disease; gland; health; hormone; hypothyroidism; innovation; inventions; law; note; patent; review; supra; supra note; thyroid; thyroid disease; thyroid hormone; tsh; u.s; value
Old-Age-Based and Disability-Focused: A Scoping Literature Review on the Intersection of Older Persons’ Rights and Disability Rights by Tolub, Yotam; Mor, Sagit; Doron, Israel (2024) - Furthermore, while disability law has undergone transformative changes, particularly in the form of comprehensive equal rights for individuals with disabilities and the UN Convention on disability rights, these changes have yet to be fully or extensively applied to elder law. This systematic review yielded a comprehensive up-to-date quantitative and qualitative picture of the relationship between disability law and elder law. Keywords: ableism; age; ageism; aging; approach; articles; disabilities; disability; disability law; disability rights; discrimination; elder; health; human; international; issues; law; legal; literature; note; people; persons; research; review; rights; studies; supra
Lead: The Latest Federal Actions and Best Practices by Waterhouse, Carlton (2024) - Studies conducted at or near Superfund sites provide evidence that aggregate lead exposure has generally resulted in blood lead levels that are higher than those of most U.S. children as indicated by the observation of a disproportionate number of elevated blood lead levels in such communities.” Interventions, such as lead pipe replacement, can significantly reduce WLLs [water lead levels], and consequently, BLLs [blood lead levels]. Keywords: agency; blood; blood lead; children; communities; environmental; epa; exposure; federal; health; law; lead; lead levels; levels; note; poisoning; practices; prevention; protection; public; service; state; strategy; supra; water
Defying the ODDs: How Indiana Schools Should Implement Multisystemic Therapy to Reduce the Rate of Juvenile Incarceration for Children with Oppositional Defiant Disorder by Steele, Madison (2024) - 76 Lyday reported that the state did not track how many officers in school had received the basic SRO training, so there was no way to determine if police in schools were properly trained. These interventions improve family functioning; decreases association with negative peers; improves school behavior, attendance, and performance; improves family connections with informal supports, community resources, and formal systems; and increases prosocial attitudes and skills within the individual which reduces other individually based problems for children. Keywords: behavioral; children; disorder; health; home; incarceration; indiana; john; law; multisystemic; note; program; school; students; supra; therapy; treatment
Anything You Can Do, I Can Do Better: The Sexist Implications & Health Consequences of K-12 Transgender Girls Sports Bans by Fields, Morgan (2024) - We stand by our argument that when misinformation about biology and gender is used to bar transgender girls from school sports it amounts to the same form of discrimination that has long been prohibited under Title IX, a law that protects all students – including trans people—on the basis of sex, as well as under the Equal Protection Clause. The Bill also requires schools to establish and maintain grievance procedures for students whose schools failed to designate athletic teams according to the Bill’s mandates or permitted male students to participate on female sports teams. Keywords: a.m.; ash; athletes; boys; children; cisgender; female; gender; girls; health; indiana; law; note; school; sex; sports; stereotypes; students; team; transgender; women
Unaccountable Care: The Dangers of Federal Support for Anticompetitive Behavior in the Healthcare Market by Moss, Wesley (2024) - On the other hand, the logistical concerns of monitoring ACO mergers and acquisitions are real. F. Unwinding Consummated Mergers Simply put, the damage has already begun with ACO mergers. Keywords: aco; acos; analysis; anticompetitive; antitrust; care; federal; guidance; guidelines; healthcare; information; law; market; medicare; merger; note; participants; quality; supra
FDA Preemption: Pros, Cons, & a Path Forward for Publish Health in the 21st Century by Jekel, Jordan (2025) - 4 A recently passed California state law exemplifies how FDA preemption may conflict with state requirements. This matter illustrates the constantly evolving and pressing necessity of understanding how FDA preemption affects public health. Keywords: claims; court; device; drug; fda; fda preemption; food; health; labeling; law; manufacturer; preemption; public; regulation; safety; state; supra note; u.s; wyeth
Right-Sizing Inflaction in Anti-Kickback Law Rhetoric: Avoiding Unnecessary Market Distortion in Commissions on Medical Device Sales by Bulleit, Thomas N. (2025) - 62 As discussed more below, the one suspect characteristic present in nearly all judicial decisions and DOJ enforcement involving sales agent commissions is that the person receiving the commission is not an ordinary sales agent, but is ————————————————————————————— 61. The legislative history supports an exemption for commission sales agents. Keywords: agent; aks; care; cases; cir; commission; enforcement; health; influence; inspector; kickback; law; marketing; note; oig; patient; sales; services; states; supra; suspect; united
Is the Use of Artificial Intelligence in the FemTech Industry Feminist? The Bioethical and Legal Dilemmas in the FemTech Industry from a Feminist Perspective by Youcht, Adi (2025) - Alongside its significant advantages for women’s lives, it appears that the use of AI technology in the health sector also raises serious legal and bioethical challenges from a feminist perspective. Due to the fact that AI technology frequently uses large amounts of data for the purpose of its development, training, and operation, it raises serious ————————————————————————————— 97. Keywords: algorithm; artificial; challenges; data; devices; ethics; feminist; femtech; health; human; industry; intelligence; law; medical; note; order; principles; products; regulation; social; supra; technologies; technology; use; women
The Road to Safer Streets: Tackling the Pedestrian & Cyclist Safety Crisis in Indianapolis by Montgomery, Jaden (2025) - Change 2016 6,612,675 0% 2017 6,716,260 2% 2018 6,666,493 -1% 2019 6,790,615 2% 2020 6,113,919 -10% 2021 6,644,752 9% 2022 7,938,444 19% Chart displays total vehicle miles traveled (VMT) for all cars driving on Indianapolis roads and the percentage change in VMT year over year from 2016-2022. Dan Boots, Why Indianapolis Roads Don’t Ever Seem to Get Better, N. SHADELAND ALLIANCE (Feb. 8, 2023), https://northshadeland.com/why-indianapolis-roads-dont-ever-seem- to-get-better/ [https://perma.cc/BH5N-3D96]. 130. Keywords: city; county; crashes; crisis; cyclists; data; drivers; driving; enforcement; funding; indianapolis; infrastructure; law; note; pedestrian; police; review; road; safety; speed; state; streets; supra; traffic; vehicle

Note

Giving, Selling, and Having Taken: Conflicting Views of Organ Transfer by Engelhardt, Jr., H. Tristram (2004) - [Vol. 1:29 goodness or rightness of organ sales, but merely to show why such sales cannot plausibly be prohibited by secular moral authority. There are good grounds to be quite skeptical about the ability to draw secular moral authority for health care policies from a particular view of the morally rational or from a doctrine of the divine right of democratic majorities. Keywords: account; authority; body; consensus; consent; health; human; kant; market; morality; note; organ; persons; policy; rationality; risk; sales; state; transfer; transplantation; views
Hospital Chaplaincy Under the HIPAA Privacy Rule: Health Care or "Just Visiting the Sick"? by Tovino, Stacey A. (2005) - The standard transactions fuclude: (1) claims for reimbursement and patient encounter information; (2) payment for health care services and remittance advice; (3) coordination of benefits; (4) health care claim status; (5) enrollment and disenrollment in a health plan; (6) eligibility for a health plan; (7) health p1an·premium payments; (8) referral certification and authorization; (9) first report of injury; and (10) health claims attachments. (Except as authorized by Section 241.153, a hospital or an agent or employee of a hospital may not disclose health care information about a patient to any person • . . Keywords: access; activities; chaplains; clergy; education; entity; healing; health care; health information; health law; hhs; hospital; hospital chaplains; indiana health; individual; medical; medicine; members; note; pastoral; patient; phi; physicians; privacy; privacy rule; professional; religion; review; rule; services; spiritual; standards; supra; supra note; use
Patient Safety or Profit: What Incentives are Blood Shield Laws and FDA Regulations Creating for the Tissue Banking Industry? by Williams, Jason L. (2005) - Tissue based products offer a unique challenge to strict liability because they are inherently dangerous; however, tissue products can be designed in a way that significantly reduces the inherent riSks. Tissue products are exempt from the more stringent requirements on drugs and medical devices if they meet the following criteria: (1) the product is minimally manipulated; (2) the product is intended for a homologous use;39 (3) the processor does not combine another article, except for water, crystalloids, or a sterilizing, preserving, or storage agent, with the tissue; and (4) the product does not have a systemic effect and is not dependent upon 28. Keywords: banking; banks; blood; blood shield; clotting; court; drug; factors; fda; health; human; industry; laws; liability; note; patient; plasma; products; profit; safety; shield; supra; tissue; tissue banking; tissue banks; tissue products
Anti-depressants and Children: Suicidality. Off-label Use, and Trial Publication by Hixson, Timothy J. (2006) - These prescriptions, known as off-label prescriptions, have increased despite a lack of efficacy data and pediatric drug trials. 7 Steps such as collecting efficacy data and performing drug trials are important because a drug safe for use in adults may not be safe for children due to metabolic and * J.D. Candidate, 2006, Indiana University School of Law-Indianapolis; BA, 2003, Butler University, Indianapolis, Indiana. Keywords: children; companies; data; drug; fda; label; manufacturers; new; note; patients; pediatric; ssris; study; suicide; supra; supra note; trials; use; uses; warning
No Fault, No Worries ... Combining a No-Fault Medical Malpractice Act with a National Single-Payer Health Insurance Plan by Coylewright, Jeremy (2007) - A recent Harvard study showed that very few patients injured by the negligent actions of health care providers actually filed suit against those providers (one in eight or 12.5%).24 Further, only a fraction of these claimants actually recover any form of economic compensation for their injuries (one in sixteen, or 6.25%).25 The lack of health care insurance also impacts the United States labor economy. Keywords: access; american; care; compensation; fault; health; health care; health insurance; injury; insurance; liability; malpractice; medical; national; note; patients; payer; payer health; physicians; plan; providers; public; reform; states; supra; supra note; system; universal
Reforming FDA Policy for Pediatric Testing: Challenges and Changes in the Wake of Studies Using Antidepressant Drugs by Sax, Joanna K. (2007) - This Article focuses on this set of issues that concerns the testing of pediatric drugs to determine whether they are safe and effective for pediatric populations. Part m will explain the evolution of regulatory and legislative approaches to pediatric drug testing, highlighting how each new leg islative program contained special precautions to widen the number of drugs tested in children and also protected children as participants in clinical trials. Keywords: act; bpca; children; drug; fda; note; patent; patients; pediatric; populations; results; studies; study; supra; testing; trials; u.s.c; use
Do the Benefits Outweigh the Risks? The Legal, Business, and Ethical Ramifzcations of Pulling a Blockbuster Drug Off the Market by Hazaray, Neil F. (2007) - FDA DRUG APPROVAL PROCESS .................................................... 122 IV. FDA DRUG APPROVAL PROCESS Keywords: approval; blockbuster; blockbuster drug; cases; companies; company; drug; drug withdrawal; fda; health; industry; lawsuits; market; merck; new; note; number; patients; pharmaceutical; pharmaceutical industry; result; review; risk; safety; sales; supra; trial; vioxx; withdrawal
The Patient Safety and Quality Improvement Act of 2005: An Invitation for Sham Peer Review in the Health Care Setting by Lauth, Leigh Ann (2007) - [Vol. 4:151 I. INTRODUCTION Out of the many noteworthy epidemics facing the health care world today, two of specific relevance to patient safety and quality improvement emerge: medical error and sham peer review. When Congress passed the Patient Safety and Quality Improvement Act of2005 (PSQIA) its main intention was tore duce the number of deaths due to medical error that occur in the United States annually.1 Unfortunately, in pursuit of this goal, Congress created the frame work for an unintended side-effect, malevolent or sham peer review. Keywords: act; care; errors; health; improvement; information; medical; note; patient; peer; peer review; providers; psqia; quality; reporting; review; safety; sham
Expanded Hospital Liability Under the Federal False Claims Act: An Unexpected Solution to the Resident Duty Hour Controversy by Elder, Robert R. (2008) - Consequently, in spite of ACGME Resident duty hour standards, many chronically sleep-deprived Resi dents continue to practice medicine in America's hospitals. ACGME Accreditation: A Carrot and a Stick Organizational diversity is not, however, the only weakness in the ACGME's approach to enforcing Resident duty hour standards. Keywords: accreditation; acgme; action; chapman; claims; court; duty; duty hour; fca; federal; government; health; hospitals; hour; liability; main; medical; note; programs; qui; residents; standards; states; supra; tam; united; whistleblower; work
Live or Let Die: Will the Courts Recognize In Terminally Ill Patients a Fundamental Right to Choose Non-FDA Approved Drugs or Does the FDA's Stringent Approval Process Carry Sufficient Merit? by Portell, Clayton R. (2008) - In Abigail Alliance, the Panel found the Su preme Court's reasoning to be similarly applicable to the issue of drug access, 82. ! In fact, over the last five years, the FDA's average approval rate for new drugs is just twenty-three a year. Keywords: abigail; access; act; alliance; approval; court; drug; fda; health; life; new; note; patients; phase; process; regulation; right; supra; testing; trials; united
Taking Roll: An Assessment of State and Local Governance of School Wellness Policies by Hubbard, Saly (2008) - Moreover, the American Heart Association's scientific statement on promoting physical activity accurately summarizes the role schools must play to ensure that obesity is not allowed to remain, as Dr. Richard Carmona suggested, the terror within: Schools are potentially attractive settings in which to promote positive health behaviors because students spend large amounts of time in the school environment, elements of the traditional school curriculum relate directly to health, and schools typically provide extracurricular programs that can promote health ... The social costs of this transforma tion-loss of future wages and a reduction in our natural resource base- combined with the social opprobrium and the increased healthcare expenses associated with obesity, necessitate and reflect the urgency of a deeper explora tion of states' roles in addressing public health crises through public schools. Keywords: activity; cdc; children; feb; health; indiana; note; nutrition; obesity; overweight; policies; public; school; state; supra; wellness; youth
An Athlete's Right to Privacy Regarding Sport-Related Injuries: HIPPA and the Creation of the Mysterious Injury by Hike, James Blake (2009) - Because injury information pertaining to an athlete's participation in the sport is arguably a legitimate public concern, sports organizations should be able to release that information with proper authorization. It delves into what information HIP AA seeks to protect, which organizations fall under the purviews of the Act, the amount of allowed disclosure, and the role authorization plays in circumventing the Act's requirements. Keywords: act; athlete; athletic; authorization; health; health information; hip; hip aa; individual; information; injury; interest; media; note; organization; phi; player; public; release; sports; supra; supra note
Avoiding the Avoidable: Why State Laws Need to Protect Kids from Airbags by Chirba-Martin, Mary Ann (2010) - 11 This article advocates a more immediate and effective solution: amend state child passenger safety laws to prohibit (with a few exceptions) child ren from riding in the front seats of vehicles equipped with passenger air bags. Nevertheless, while child safety seat laws are primarily enforceable in all states, only half of all states permit primary enforcement of their seat belt laws. Keywords: age; airbag; belt; child; children; enforcement; federal; laws; motor; national; nhtsa; note; passenger; rear; restraint; risk; safety; seat; seating; state; use; vehicle
Get "HIP" America: Using the "Healthy Indiana Plan" As a Model for Decreasing the Number of Uninsured Americans One State at a Time by Molargik-Fitch, Barbara E. (2010) - HIP has been in existence only since January 2008, but it is currently a leading model for state health care plans. The same savings could be acquired by the Indiana and other state governments if such health care clinics are implemented in states through out the country as part of state health care plans as well as in state govern ment agencies themselves. Keywords: care; care plan; clinics; costs; coverage; employees; health; health care; health insurance; hip; income; indiana; individuals; insurance; medicaid; note; percent; plan; reform; services; state; supra; tax; uninsured
How Old is Too Old?: The Need for Federal Regulation Imposing a Maximum Age Limit on Women Seeking Infertility Treatments by Reynolds, Melissa (2010) - In addition, as women age, there is a significant increase in the rates of aneuploidy and spontaneous abortion. ally pro~cted fundamental right, i~ is unlikely that such a fundamental right would be found to exist as to post-menopausal women. Keywords: access; age; art; birth; child; eggs; health; infertility; note; post; pregnancy; regulation; review; right; states; supra; supra note; treatments; women
Combating Obesity: Our Country's Need For a National Standard to Replace the Growing Patchwork of Local Menu Labeling Laws by Arthur, Ashley (2010) - Notice of Adoption, supra note 9, at 6 (Even experienced nutrition professionals have difficulty accurately estimating the calorie content of restaurant food. In one study, these professionals underestimated calories in restaurant food by 200-600 calories). Keywords: california; calories; chain; city; fast; food; health; information; labeling; laws; legislation; menu; menu labeling; national; new; note; nutrition; nutrition information; obesity; public; restaurants; state; supra; supra note; york
Negligence, Medical Malpractice, Vicarious Liability, or Patient Responsibility: Who Should Pay When a Patient Contracts MRSA From a Healthcare Facility? by Barnes, Beth A. (2010) - [Vol. 7:335 thirds after implementing patient screening measures.72 A Boston hospital found that routine culturing of patients and implementation of contact pre cautions for MRSA patients resulted in a sixty-seven percent drop in infec tion rates.73 The Boston hospital believed it would have reduced HA MRSA infection rates even more if it either isolated patients until results were received, or used the rapid PCR MRSA test, which produces results in a couple of hours, instead of the culture method, which produces results in two days. [Vol. 7:335 In the United States, MRSA infections tripled from 2000 to 2005 and were ten times higher in 2005 than 1995.34 In 2005, there were 368,600 hospital admissions for MRSA-including 94,000 invasive infections[,]35 about eighty-six percent of which were healthcare-acquired.36 The ·coc found that MRSA killed nearly 19,000 people in the United States in 2005, a number higher than victims of Hurricane Katrina and AIDS combined the same year.37 Keywords: care; control; costs; facilities; facility; healthcare; hospital; infection; liability; malpractice; measures; medical; mrsa; mrsa infection; negligence; note; patient; procedures; screening; supra; supra note
Follow-On Biologics Legislation: Striking a Balance Between Innovation and Affordability by Bouggy, Brian B. (2010) - [T]he number of new drug patents issued by the U.S. Patent Office rose dramatically after 1984 and, in deed, has exceeded the pre-1984 levels in each year since the Act was promulgated.168 The debate regarding whether generic biologics should be approved by FDA centers around two main areas of contention: 1) whether it is feasi ble for generic drug companies to replicate name brand biologics safely and effectively; and 2) whether the introduction of generic biologics into the marketplace will destroy name brand drug companies' incentive to innovate by rendering the drugs unprofitable.44 ·Not surprisingly, viewpoints of in terested parties on the viability of follow-on biologics, and the effect they would have on our nation's health care system, vary greatly.45 Generic versions of chemical drugs, manufactured using precise chemical formulas, reach market through the abbreviated regulatory path way provided by the Drug Price Competition and Patent Term Restoration Act, more commonly referred to as the Hatch-Waxman Act.46 Keywords: act; approval; biologics; brand; competition; data; drug; exclusivity; follow; generic; hatch; health; innovation; legislation; mar; monopoly; new; note; patent; press; price; protection; release; supra; supra note; waxman
Direct-to-Consumer Advertising of Prescription Pharmaceuticals, the Learned Intermediary Doctrine, and Fiduciary Duties by Harrell, Heather (2011) - and Perez v. Wyeth Laboratories Inc., 734 A.2d 1245, 1255 (N.J. 1999) (suggesting that meaningful interaction between patient and physician is required to apply the LID when stating that because managed care bas reduced the time allotted per patient, physicians have considerably less time to inform patients of the risks and benefits of a drug.). 49. The seeming bombardment of the public by promotion of prescription pharmaceuticals is truly a barrage on the public by the pharmaceutical in dustry as evidenced by the amount spent on drug advertising. Keywords: advertising; advice; consumer; direct; drug; dtc; dtc advertising; fiduciary; health; intermediary; lid; note; patient; pharmaceutical; physician; physician relationship; prescription; promotion; relationship; supra
Working the System: Should Patients in Need of an Organ Transplant Be Able to Join Multiple Waitlists? by Wilson, Chad J. (2011) - Patients who are on a waitlist for organ transplant are often in a life or death situation. During the initial development years of human organ transplant science in the 1950's and 1960's, the decisions, procedures, and policies concerniil.g procurement. Keywords: allocation; centers; donor; health; jobs; list; liver; note; organ; organ transplant; patient; policies; supra; supra note; system; time; transplant; transplant centers; transplantation; unos; wait; waiting
Where Do Treating Physicians Belong as Witnesses in the Seventh Circuit? by Campbell, Courtney E. (2012) - June 1, 2007) (Treating physicians must be identified as expert witnesses pursu ant to Rule 26(aX2XA).). Subsequently, in Blameuser v. Hasenfang, the Seventh Circuit empha sized that it has never held that treating physicians must file expert re ports.122 Keywords: causation; circuit; courts; doctor; expert; expert report; fed; inc; note; opinions; patient; physician; plaintiff; report; rule; seventh; testimony; treating; treatment; witness; witnesses
A Dose of Reality: Unintended Consequences of Penalizing Hospital Readmissions in the PPACA by Swider, Joel D. (2012) - A DOSE OF REALITY: UNINTENDED CONSEQUENCES OF PENALIZING HOSPITAL READMISSIONS IN THE PPACA Joel D. Swider* I. INTRODUCTION ....................................................................................... The phenomenon of hospital readmissions is a prevalent and costly one. Keywords: act; care; care act; cms; data; discharge; health; health care; hospital; hospital readmissions; indiana; medicare; note; patients; payment; problem; program; quality; rates; readmissions; reduction; supra; u.s.c; year
Global Health Initiatives and Health System Development: The Historic Quest for Positive Synergies by Hammer, Peter J.; Burill, Charla M. (2012) - Health systems and community systems are connected and comple mentary to each other?83 The Global Fund now maintains that building community systems will be an essential part of strengthening health systems. We define Health System Development (HSD'') to encompass the entire field of work on health systems, their operations and efforts to improve their performance, with a particular focus on developing countries. Keywords: aids; approach; bank; building; challenges; civil; communities; community health; community systems; country; country health; css; development; disease; efforts; focus; framework; fund; funding; ghis; global; global fund; health care; health initiatives; health law; health needs; health outcomes; health policy; health quest; health services; health systems; hsd; hss; indiana health; information; international; interventions; malaria; note; policy; process; proposals; psc; report; review; role; round; society; strengthening; supra; supra note; synergies; systems thinking; thinking; vol; world health
Using Integrated Care to Meet the Challenge of the ADA's Integration Mandate: Is Managed Long-Term Care the Key to Addressing Access to Services by Opsahl, Kimberly A. (2012) - Sess., Chap. 45 § 4(a) (Ind. 2011), available at http://www.in.gov/legislative/bills/2011/PDF/ HE/HE1001.1.pdf. 36 jd. 219 INDIANA HEALTH LAW REVIEW valuable ground in the provision of community-based services and significantly increase the risk of institutionalization for both those in community services and those waiting for services. A common argument for such cases is that the limitation creates a greater risk for institutionalization for those individuals who require [services beyond the limitation].74 Whether a challenge is raised as an at risk of institutionalization claim or is focused on the question of deinstitutionalization, many cases end with a settlement agreement, whereby the State agrees to modify its policies to increase the avail-ability of community services or to remove limitations.7 5 Often, these agreements are on a scale that essentially rebalances the system of care away from institutional care and toward community-based services. Keywords: access; ada; care; community; developmental; disabilities; health; indiana; individuals; integration; managed; medicaid; note; olmstead; program; services; state; supra; supra note
Health Outcomes Metrics and the Role of Financial Derivative Instruments in the Health Care Industry by Parasidis, Efthimios (2012) - With a dynamic framework in place, HOIs and HOI-based derivatives stand to assist the health care industry in achieving the aspirational goals of reducing health care costs and improving health outcomes. As Porter and Teisberg explain, [c]ompetition at the level of individual diseases and conditions is getting even more 466 Vol.10:2 HEALTH INFORMATION TECHNOLOGY Accountability in health care depends on accurate, objective, and accessible information related to quality measures and health outcomes. Keywords: care; data; derivatives; diabetes; disease; example; health; health care; health outcomes; hoi; information; note; outcomes; patients; risk; supra; supra note; technology
Pharmacovigilence and the Plight of Chronic Pain Patients: In Pursuit of a Realistic and Responsible Ethic of Care by Goldberg, Daniel S.; Rich, Ben (2013) - OPIOID CONTRACTS IN THE MANAGEMENT OF CHRONIC PAIN Discussion of opioid contracts for chronic pain patients undergoing opioid therapy is a relatively recent phenomenon. This may be particularly true of chronic pain patients on opioid therapy, which makes candid exchanges and regular follow-up all that more important. Keywords: care; chronic; consent; contracts; drug; health; management; medical; note; opioid; pain; patient; physician; review; risk; stigma; therapy; treatment; universal; use
A Plea for Consumer Protection: The Potential Human Health Hazards of the Spray Tanning Epidemic by Dugdale, Jessica M. (2013) - Promoting Consumer Education One non-regulatory alternative to provide greater protection for indoor tanning consumers is to increase the amount of information available to consumers regarding the dangers of tanning. In this way, the WHO enlightened indoor UV tanning consumers of the article/0,,SB110669233656235821,00.html). Keywords: code; consumers; dha; exposure; fda; federal; health; human; indoor; industry; minors; note; products; protection; regulation; skin; spray; spray tanning; state; sunless; sunless tanning; supra; supra note; tanning; use; uv tanning
Combating Obesity One Step at a Time: Why Indiana Should Implement Statewide Complete Streets Legislation by Chapman, Samantha R. (2015) - Bloomington, Madison County, Lake/Porter County, Columbus, Richmond, Evansville, Frankfort, Tippecanoe County, Indianapolis, and Westfield have all adopted complete streets policies between 2009 and 2012.17 Complete streets policies have been effective across the nation in re-connecting communities and promoting physical activity, as a way to reduce the nationwide epidemic of obesity. Keywords: activity; communities; community; complete; environment; health; indiana; indiana health; legislation; note; obesity; people; physical; policies; policy; state; streets; supra; transportation
Focusing on Fraud: The Federal Government Expands Its Use of the False Claims Act to Police Off-Label Pharmaceutical Promotion by McCreary Eichel, Kristin (2011) - Although many other pharmaceutical manufacturers have settled claims involving off-label drug promotion recently, the magnitude of the Pfizer settlement demonstrates the seriousness of the federal govern- ment’s enforcement efforts and its commitment to change this widespread behavior.14 The sources of federal law that served as the basis for Pfizer’s off- label marketing liability were the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the False Claims Act (“FCA”).15 While the FDCA has tradi- tionally been used to regulate illegal off-label marketing behavior, the use of the FCA as an additional legal tool to police the same behavior has only recently emerged.16 Attaching FCA liability to off-label marketing has not only made it possible for the Department of Justice (“DOJ”) to pursue the pharmaceutical industry for putting the public’s health at risk, but it has now permitted the DOJ to pursue the pharmaceutical industry with a justifi- cation that it is protecting the American taxpayers from health care fraud.17 The DOJ is no exception in its recent enforcement efforts under the FCA; in fact, all three branches of federal government have embraced this new theo- ry of off-label promotion liability and have played some role in expanding the scope of the FCA. See Pfizer Press Release, supra note 2. 2011] FEDERAL GOVERNMENT EXPANDS ITS USE OF THE FALSE CLAIMS ACT 423 within the off-label context.173 Many FCA qui tam suits related to off-label promotion are dismissed in the early stages of litigation, especially when the federal government does not intervene or join in the suit.174 For exam- ple, many qui tam relators have trouble surviving motions to dismiss be- cause they do not plead their fraud claim with particularity.175 Keywords: act; claims; doj; drug; fca; fda; fdca; federal; government; health; industry; label; label marketing; label promotion; label use; liability; note; pfizer; pharmaceutical; supra; supra note; tam
Stem Cell Based Treatments and Novel Considerations for Conscience Clause Legislation by Mlsna, Lucas (2011) - Part III defines the term “stem cell” and identify the unique potential that treatments derived from stem cells possess, and notes the reasons why some find stem cell based treatments morally objectionable. Tackling these ques- tions requires knowing what stem cells are, why they offer such grand ther- apeutic promise, and where moral objections to stem cell research and potential stem cell based treatments originate. Keywords: abortion; care; cell; clause; conscience; conscience clause; embryonic; health; health care; legislation; note; procedures; research; stem; stem cell; treatments
A Fate Worse Than Death?: How Biomarkers for Alzheimer's Disease Could Affect End-of-Life Choices by Dresser, Rebecca (2015) - 667 availability of AD biomarker tests could increase public support for such measures. In contrast, a second group of scholars supports limiting the power that advance directives have over AD patient Keywords: advance; alzheimer; biomarker; death; dementia; disease; life; note; patients; people; results; suicide; test
Human Organ Donations under the "Iranian Model": A Rewarding Scheme for U.S. Regulatory Reform? by Movassagh, Hooman (2016) - [WHO], Ethics, Access and Safety in Tissue and Organ Transplantation: Issues of Global Concern, at 84 INDIANA HEALTH LAW REVIEW Vol. 13:1 frameworks for human organ transplants. Therefore, the official compensated scheme for human organ transplants only applies to live donors and is a reward for the act of donation, not the sale and purchase of kidneys. Keywords: art; byelaw; code; death; donations; donors; file; health law; indiana health; iran; iranian; islamic; law review; model; mohammad; note; organ; organ donations; sale; sayyid; source; supra; translation; transplants
Unnecessary, Avoidable, Unfair, and Unjust: [En]gendered Access to Care in the PPACA Era and the Case for a New Public Policy by Warren-Clem, Keegan (2016) - GENDER-BASED DISPARITIES IN ACCESS TO HEALTH CARE What is it to have access to health care? The paper selectively employs both case law and legislative trends to explore the arc of justifications for, and interests that tend to interfere with, health care access according to the patient’s gender. Keywords: access; act; care access; care act; case; cong; court; coverage; disparities; e.g.; expansion; gender; health act; health care; health insurance; health law; health office; health services; healthcare; http://; indiana health; insurance; medicaid; medical; note; office; people; policy; ppaca; public; review; right; services; states; supra; supra note; treatment; u.s; u.s.c; united; vol; women
Section 1557 of the Affordable Care Act: An Effective Means of Combatting Health Insurers' Discrimination Against Individuals with HIV/AIDS? by Benge, Spenser G. (2016) - With all of these various means by which health insurance companies can qualify as covered entities under § 1557, the vast majority of health insurance plans in the United States should be subject to § 1557. Therefore, to determine whether § 1557 extends to health insurance companies, these two key pieces must be examined. Keywords: act; aids; care; companies; discrimination; health; health insurance; hiv; individuals; insurance; insurers; note; practices; supra
Yes, the FDA Can Make You Say That: Why the FDA's Proposed Nutrition Facts Label Changes Will Withstand First Amendment Challenges from Food Industry Members by Little, Maggie C. (2016) - The FDA proposed the amount of added sugar in a food should be included in the Nutrition Facts label, indented under the line where “sugar” is currently listed.61 The FDA proposed the disclosure based on the updated recommendation to reduce the number of calories consumed from excess solid fat and added sugars,62 as well as a recommendation of the amount of energy intake that should come from added sugars.63 Currently, the Institute of Medicine (“IOM”) Dietary Reference Intake Report recommends a maximum of twenty-five percent of energy intake from added sugars,64 based on evidence that a high intake of added sugars decreases the intake of other more important nutrient dense foods.65 Along with the updated dietary recommendations, the FDA also cited consumer awareness as a major support for the added sugar disclosure.66 The FDA asserted that without the declaration of added sugars, consumers are unable to compare the amount of non-naturally occurring sugar in foods, such as fruit juices and yogurt.67 Forms of added sugar are often listed in the ingredients section of food labels under complex chemical names that many consumers do not understand or recognize as a form of sugar.68 Finally, the FDA provided four additional reasons to include the disclosure of added sugars on the Nutrition Facts label to improve consumer awareness, including: 61 Id. 62 Food Labeling, supra note 14, at 11903. Keywords: amendment; consumers; facts label; fda; food; food labeling; note; nutrition facts; rule; speech; standard; sugar disclosure; supra; supra note; zauderer
Health Care Quality Reporting: A Failed Form of Mandated Disclosure? by Madison, Kristin (2016) - This Part argues that while informed decision-making is surely one goal of quality reporting mandates, it is not the only one, and that any assessment of the impact of quality reporting should take this reality into account. Or, to be more precise, do the benefits associated with mandated quality reporting exceed its costs? Keywords: ben; care; care quality; costs; data; disclosure; health; health care; information; mandates; note; patients; providers; quality; quality reporting; reporting; schneider; shahar; studies; supra
Exposure to Complex Environmental Health Challenges: Agent Orange and Sodium Dichromate by Sullivan, Cheryl G. (2021) - Other actors, whose decisions in the management of environmental health risks of the soldiers are manifested in complex feedback loops, are the leadership in the military and federal agencies. [Vol. 17:153 effects of multiple deployments.75 C. Response to Agent Orange Exposure The behavior of the military as an organization in its risk management efforts of Agent Orange was disjointed, haphazard, and uncoordinated.76 Not addressing the toxicity of the herbicide when deciding to utilize it for defoliation efforts as part of its mission, lack of record-keeping, controversy over data reliability of the evidence linking health risks to the exposure, and the confusion over responsibility for managing the risk were disastrous. Keywords: agent; agent orange; ali; army; defense; dep’t; dichromate; dod; environmental; exposure; health; indiana; kbr; management; members; military; national; note; orange; public; qarmat; review; risk; service; sodium; supra; u.s; veterans; vietnam
Indiana Medicaid: Hope Amid a Crisis by Beukema, Emily S. (2021) - There are other Indiana Medicaid waivers relatively unrelated to the needs of individuals born with NAS, however, they are still worth mentioning to add context and to paint a picture of a state like Indiana’s Medicaid system. Notably, this waiver does not provide reimbursement for behavioral therapy and does not provide reimbursement for mental health or addiction treatment.72 Keywords: abuse; crisis; diagnosis; health; indiana; individuals; medicaid; mental; nas; note; opioid; primary; program; services; substance; supra; supra note; treatment; waiver
Something Has to Change: What Can Indiana Do to Save Our Babies? by Meyer, Star S. (2021) - Although safe sleep is extremely important in decreasing a baby’s risk, there are other steps that we should be taking to make meaningful progress in decreasing infant mortality.155 It would be easier to decrease infant mortality if there were concrete ways to prevent those things that cause infant deaths, but that is not the case.156 However, work can be done to decrease the risks of the top causes of infant death.157 As previously mentioned, the top five causes of infant mortality are: (1) birth defects, (2) preterm birth and low birth weight, (3) Sudden Infant Death Syndrome, (4) maternal complications, and (5) injuries.158 It seems logical that addressing the risk factors for those top causes of infant mortality, especially for those people who experience higher infant mortality rates, would assist in decreasing infant mortality. 154. The top five causes of infant mortality are: (1) birth defects, (2) preterm birth and low birth weight, (3) Sudden Infant Death Syndrome, (4) maternal complications, and (5) injuries.32 Infant mortality caused by injuries includes suffocation.33 Infant mortality is determined by calculating the number of infant deaths out Keywords: birth; care; decrease; health; hospital; indiana; infant; infant mortality; mortality; note; perinatal; rate; risk; state; supra
A Breath of Polluted Air: How Indiana's Air Pollution Policies Are Impacting Its Citizens by Tucker, Kyle Andrew (2021) - Id. 2020] HOW INDIANA’S AIR POLLUTION POLICIES ARE IMPACTING ITS CITIZENS 349 standard.106 Under either designation state and local governments must develop implementation plans outlining how areas will attain and maintain the standards by reducing air pollution emissions. [Vol. 17:339 man-made sources including mobile sources like vehicles, and stationary sources like power plants.125 NESHAP standards are set for stationary sources emitting HAPs and are conducted in two separate phases.126 Phase one is a “technology- based” standard where the EPA sets emission standards based from sources of an industry group.127 These standards are considered “maximum achievable control technology” (MACT) and are based on “emissions levels that are already being achieved by the controlled and low-emitting sources in an industry. Keywords: air; air pollutants; carolina; coal; county; disease; emission; envtl; health; indiana; north; note; pollutants; pollution; power; quality; standards; state; supra; u.s
Extending Hoosier Hospitality to LGBTQ Youth: Why Indiana Should Pass a Conversion Therapy Ban to Protect and Promote Mental Health Outcomes for LGBTQ Youth by Cangany, Warren (2021) - [Vol. 18:155 or freedom of religion.253 In the twenty states with conversion therapy bans, LMHPs are only prevented from practicing conversion therapy, the bans do not prevent the LMHP from discussing conversion therapy, expressing their views on the practice, recommending patients to unlicensed conversion therapists, nor does it prevent LMHPs from providing conversion therapy to adults seeking the treatment who are over the age of eighteen.254 In 2014, a national poll revealed that 63% of Americans believe that conversion therapy does not change a person’s sexual identity from gay to straight.269 Recent polls in Arizona, Florida, New Mexico, North Carolina, Pennsylvania, and Virginia revealed strong support for conversion therapy bans on youth by LMHPs.270 Keywords: ban; bans; change; conversion therapy; family; gender; health; hoosier; identity; indiana; lgbtq; lgbtq youth; lmhps; note; orientation; practice; speech; state; supra; supra note; therapy; therapy ban; youth
The Constitutional Strength of Indiana's Medical Review Panel Process: How to Overcome the Inevitable Challenges by Karas, Anna (2021) - It is argued that the country should be focused on the bigger problem: reducing overall patient harm.153 The politics of tort reform could explain why some states are more likely to rule medical malpractice panels unconstitutional while others are upholding a very similar statute. Beginning in the 1970s, states started implementing medical review panels, also known as screening panels, in response to a medical malpractice crisis.1 A rise in medical malpractice claims resulted in an increase in the cost of medical malpractice Keywords: care; court; delay; health; indiana; kentucky; malpractice; medical; medical review; note; panel; process; review; review panel; states; supra; supra note
The Return of Investment of Pandemic Rental Assistance: Modeling a Rare Win-Win-Win by Gilman, Sam (2021) - Finally, it compared the two years of rental assistance costs to the estimated three years of benefits. The social cost analysis also incorporates losses of wage income, landlord losses, eviction costs, and broader estimates of the effects of foreclosure on society. Keywords: analysis; assistance; care; costs; covid-19; data; displacement; estimates; eviction; health; homelessness; households; housing; income; individuals; investment; landlords; model; note; number; pandemic; percentage; rate; rental; rental assistance; renters; risk; roi; shelter; social; state; supra; supra note; tenants
Minding Baby: The Link Between Maternal Depression and Infant Health and Development by Ferise, Paige (2021) - [Vol. 18:371 populations and risk factors, identifying barriers to screening and models for private and public funding for maternal mental health screening and treatment.225 Infant mortality in DC is significantly higher than the national average at 8 deaths per 1,000 live births.226 The maternal mortality rate in DC is also much higher than the national average at 35.6 deaths per 100,000 live births.227 The Maternal Mental Health Task Force will be able to collect data on maternal mental health and use that to create legislation to make screening and services more accessible. Maternal mental health and trauma screenings during pregnancy and * J.D. & M.P.H Candidate, 2022, Indiana University Robert H. McKinney School of Law & Fairbanks School of Public Health; B.A. 2017, Butler University. Keywords: baby; care; child; deaths; depression; health; indiana; infant; maternal; medicaid; mortality; mothers; note; postpartum; rate; screening; state; supra; supra note; trauma
Minding Baby: The Link Between Maternal Depression and Infant Health and Development by Ferise, Paige (2021) - [Vol. 18:371 populations and risk factors, identifying barriers to screening and models for private and public funding for maternal mental health screening and treatment.225 Infant mortality in DC is significantly higher than the national average at 8 deaths per 1,000 live births.226 The maternal mortality rate in DC is also much higher than the national average at 35.6 deaths per 100,000 live births.227 The Maternal Mental Health Task Force will be able to collect data on maternal mental health and use that to create legislation to make screening and services more accessible. Maternal mental health and trauma screenings during pregnancy and * J.D. & M.P.H Candidate, 2022, Indiana University Robert H. McKinney School of Law & Fairbanks School of Public Health; B.A. 2017, Butler University. Keywords: baby; care; child; deaths; depression; health; indiana; infant; maternal; medicaid; mortality; mothers; note; postpartum; rate; screening; state; supra; supra note; trauma
The Syringe That Drips Money: How Title VII Affects Employer-Mandated Vaccinations in the Manufacturing Sector by Voegel, Conner J. (2022) - Tina Bellon, U.S. Employers Could Mandate a COVID-19 Vaccine, But Are Unlikely to Do So-Experts, REUTERS (Dec. 2, 2020, 11:30 AM), https://www.reuters.com/article/us-health- coronavirus-vaccine-companies/u-s-employers-could-mandate-a-covid-19-vaccine-but-are- unlikely-to-do-so-experts-idUSKBN28C2LL [https://perma.cc/W9GG-6UA8] (stating vaccine mandates are common in the healthcare industry). As hepatitis B spreads through bodily fluids,145 it is highly unlikely any activity among manufacturing employees acting within the scope of their employment would cause VPD transmission. Keywords: accommodation; cir; costs; court; covid-19; disease; employees; employer; f.2d; hardship; health; impact; inc; influenza; manufacturing; minimis; note; potential; safety; states; title; u.s; undue; vaccination; vaccine; vii
Racial Disparities in Mental Health Treatment: How Indiana Misses the Mark in Providing Accessible and Quality Treatment Amidst the Coronavavirus Pandemic by Crane, Allyson (2022) - This bill would have been beneficial for eliminating disparities in the health care system, including mental health care.188 The bill included multiple sections on mental health and the racial disparities currently present.189 Section 604 of the H.R. 6637 discusses racial mental health disparities and how there are gaps in the studies pertaining to those disparities.190 This section would have required the identification of where the research on racial mental health disparities is nonexistent or how research in certain areas of mental health may differ.191 By identifying these gaps, the federal government could have then determined a course of action for filling in those gaps to ensure that the racial disparities in mental health care are being properly researched and identified in their entirety.192 H.R. 6637 further addresses racial mental health disparities in Section 605.193 Section 605 identifies the competency level of health professionals and their ability to properly address the racial and ethnic disparities in mental health care.194 Because discrimination in mental health treatment is so prominent, the accessibility of mental health care is just the first of many obstacles people of color must face when they are in need of mental health treatment.84 Keywords: access; black; care; color; disparities; health; health care; health treatment; indiana; mental; note; people; providers; services; supra; supra note; treatment
America's Favorite Stimulant: An Argument for FDA Regulatory Control Over Caffeinated Products Labeled as Dietary Supplements Under the FDCA by O'Donnell, Jacob (2023) - [Vol. 20:117 increased from thirteen to twenty percent, caffeine consumption affecting this dangerous cycle may influence widespread social implications such as increased anxiety, depression, irritability, and chronic fatigue.79 Research indicates that fatigue in the morning hours may result in higher caffeine consumption, ultimately disrupting subsequent sleeping patterns.80 This could be accomplished through explicitly listing the full amount of caffeine on caffeinated goods, cautioning against caffeine consumption by infants, children, and adolescents, and stating that chronic caffeine consumption can lead to health risks.201 This would be comparable to labeling practices utilized for tobacco products, which warn against risks of certain types of cancer and other diseases.202 Keywords: america; caffeine; caffeine consumption; coffee; consumers; consumption; dietary; drinks; drug; effects; energy; fda; fdca; food; health; note; products; regulation; result; sleep; supplements; supra; supra note
The Splintered Mind and Path to a Healed Society: The State of Indiana Should Mandate Cognitive Behavioral Therapy for Domestic Violence Batterers by Winner, Nermy J. (2023) - The court based its decision on the evidence presented, which showed that the former husband inflicted fear of imminent physical harm upon the former wife.35 The law continues to change to provide more protection to domestic violence victims. This Note also highlights the reasons why Indiana should mandate domestic violence batterers to engage in Cognitive Behavioral Therapy (“CBT”) and reassess the effectiveness and use of the Duluth Model. Keywords: abuse; batterer; cbt; cognitive; duluth; duluth model; health; indiana; intervention; model; note; partner; programs; recidivism; supra; therapy; treatment; violence
Indiana's Efforts to Reduce Maternal Mortality: Necessary, but Insufficient by Barnes, Kasey (2023) - [Vol. 20:357 preventable.19 Further, an additional fifty-thousand women suffer from maternal morbidity, which includes short or long-term health consequences such as postpartum hemorrhage or hypertensive complications.20 Perhaps even more troubling is that the COVID-19 pandemic has disrupted maternal health care by altering or cancelling prenatal visits and limiting some birth-related services.21 In fact, the maternal mortality rate increased twenty-percent from 2019 to 2020, illustrating the potential impact the COVID-19 pandemic has had on worsening maternal mortality.22 Moreover, understanding the true picture of maternal mortality can be difficult due to the different terms classifying maternal mortality and the different methods of counting maternal mortality. Moreover, in 2018, Indiana ranked the third worst state in the U.S. with a maternal mortality rate of 43.6 deaths per 100,000 live births,9 a rate nearly twice as high as neighboring states such as Kentucky, Ohio, Illinois, and Michigan, and twice as high as the national average.10 By comparison, California, Massachusetts, and Nevada, have some of the lowest rates with 4.0, 8.4, and 8.4 deaths per 100,000 live births, respectively.11 The variability in maternal mortality rates between states is just one example of why improving maternal mortality rates is a complex and challenging issue to improve. Keywords: care; deaths; efforts; health; indiana; maternal; medicaid; mmrc; morbidity; mortality; note; pregnancy; rates; review; services; smm; states; supra; supra note; women
Incentivizing Drug Affordability: Wildcard Exclusivity Vouchers by Abrams, Thomas (2024) - Despite nine out of ten prescriptions being filled by generic drugs, generics are only responsible for 18% of drug spending—a testament to the ability of generics to save money (i.e., 90% of volume, but only 18% of cost).24 HATCH-WAXMAN & PAY-FOR-DELAY In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act, better known as the Hatch-Waxman Act.26 Hatch-Waxman increased drug affordability by adding efficiency to the process by which generic drugs enter the market.27 Prior to Hatch-Waxman, 19% of prescriptions were filled with generic drugs and 35% of top-selling drugs faced generic competition following patent expirations.28 Keywords: brand; companies; competition; delay; drug; exclusivity; fda; generic; innovator; market; note; patent; payment; price; product; prv; reverse; review; supra; wildcard
Reduce Juvenile Recidivism: Why Indiana Should Mandate the Individualized Education Programs (IEPs) to Juveniles with Disruptive Behavior Disorders by Bowman, Kaelyn M. (2024) - Faculty shall be employed at each states juvenile detention facility who are qualified by the state to be a teacher and shall be qualified in the implementation and understanding of individualized education programs. Additionally, since those with DBDs in juvenile detention facilities would be required to receive an IEP, it would be ideal to also include a Behavior 219. Keywords: behavior; child; children; detention; disorders; education; facilities; health; iep; indiana; justice; juvenile; note; recidivism; school; services; supra; youth
A Crisis Set to Repeat Itself: Improving Regulation Following the Catastrophe of the West Calumet Housing Complex by Lang, Chelsey (2024) - While this section will provide an overview of those actions, it will also examine why these actions are insufficient and propose additional ways to protect public housing residents who live near Superfund sites. The outcome of the WCHC-associated litigation could forecast the likelihood of recovery for other public housing residents put in a similar situation in the future. Keywords: agency; children; compensation; contamination; crisis; environmental; epa; exposure; health; housing; hud; indiana; lead; levels; note; phas; public; residents; review; site; soil; superfund; supra; supra note; u.s; wchc
Indiana's Punitive Responses to Prenatal Marijuana Use: A Recommendation for the Indiana Legislature by Brown, Sarah (2025) - In fact, stigma and guilt caused by marijuana use is a major reason many women choose to stop use during pregnancy. Although the exact risks of marijuana use are largely unknown to both medical providers and expecting mothers, a study found a universal agreement from all participants that there was a high risk of being reported to child protective services if the use was revealed to a healthcare provider. Keywords: abuse; care; child; chins; code; court; dcs; dep’t; drug; health; ind; indiana; infants; marijuana; marijuana use; mother; note; substance; supra; testing; use
Breaking Barriers to Birth Control: Why Access to Birth Control Matters and What Still Needs to be Done by Overton, Shae (2025) - Physicians have unique concerns about pharmacist prescribing birth control. 39 Additionally, under the new statute, a pharmacist commits a Level 5 felony if they prescribe an abortion-inducing drug.40 Since Indiana pharmacists have never been allowed to prescribe abortion-inducing drugs, this section of the statute seems to emphasize that the statute gives pharmacists the power to solely prescribe contraceptives. Keywords: access; birth; birth control; contraceptives; control; health; indiana; medication; note; patient; pharmacists; physician; prescribe; prescribing; services; states; supra; women

Supra

Nanotechnology: How Voluntary Regulatory Programs Can Both Ease Public Apprehensions and Increase Innovation in the Midst of Uncertain Federal Regulations by Miller, Katie (2011) - Likewise, nanotechnology regulation would require experts to ensure the regulations are met. B. Existing Voluntary Programs in Other Industries The existence of successful voluntary programs outside the nanotech- nology industry can provide a framework for nanotechnology regulation going forward. Keywords: agency; benefits; companies; company; consumers; drug; effects; federal; government; health; industry; information; nanomaterials; nanoparticles; nanotechnology; products; program; public; regulations; research; safety; state; supra; supra note; u.s
The Law and Policy of Opioids for Pain Management, Addiction Treatment, and Overdose Reversal by Davis, Corey S.; Carr, Derek H. (2017) - Strategies to Manage the Adverse Effects of Oral Morphine: An Evidence-Based Report Mechanisms of Fatal Opioid Overdose See Opioids and the Control of Respiration Physiological and Pathological Responses to Hypoxia Increases in Drug and Opioid Overdose Deaths–United States, 2000-2014 https://doi.org/10.1200/jco.2001.19.9.2542 https://doi.org/10.1046/j.1360-0443.1999.9479612.x https://doi.org/10.1093/bja/aen094 https://doi.org/10.1016/s0002-9440(10)63747-9 See A Comprehensive Review of Naloxone for the Emergency Physician Id. Review of Naloxone Safety for Opioid Overdose: Practical Considerations for New Technology and Expanded Public Access see also Controlled Substances–Alphabetical Order Assessment of the Safety and Ease of Use of the Naloxone Auto- injector for the Reversal of Opioid Overdose see also Emergency Medical Services Naloxone Access: A National Systematic Legal Review Emergengy Medical Services Naloxone Access Bologna-Naloxone Supplied to Italian Heroin Addicts Take Home Naloxone and the Prevention of Deaths from Opiate Overdose: Two Pilot Schemes Preliminary Evidence of Health Care Provider Support for Naloxone Prescription as Overdose Fatality Prevention Strategy in New York City Community-Based Opioid Overdose Prevention Programs Providing Naloxone–United States, 2010 https://doi.org/10.1016/0735-6757(94)90033-7 https://doi.org/10.1177/2042098614564776 https://doi.org/10.2147/oaem.s82133 https://doi.org/10.1111/acem.12485 https://doi.org/10.1016/s0140-6736(05)61528-0 https://doi.org/10.1136/bmj.322.7291.895 http://doi.org/10.1093/jurban/jtg031 Opioid Overdose Prevention Programs Providing Naloxone to Laypersons–United States, 2014 Id. Prescribe to Prevent: Overdose Prevention and Naloxone Rescue Kits for Prescribers and Pharmacists Orienting Patients to Greater Opioid Safety: Models of Community Pharmacy-Based Naloxone see also State Legal Innovations to Encourage Naloxone Dispensing CDC Guideline for Prescribing Opioids for Chronic Pain--United States, 2016 Opioid Overdose Rates and Implementation of Overdose Education and Nasal Naloxone Distribution in Massachusetts: Interrupted Time Series Analysis Id. See also Prescribing Naloxone to Actively Injecting Heroin Users: A Program to Reduce Heroin Overdose Deaths Nonrandomized Intervention Study of Naloxone Coprescription for Primary Care Patients Receiving Long-Term Opioid Therapy for Pain https://doi.org/10.1097/adm.0000000000000223 https://doi.org/10.1186/s12954-015-0058-x https://doi.org/10.1016/j.japh.2016.11.007 https://doi.org/10.1001/jama.2016.1464 https://doi.org/10.1136/bmj.f174 https://doi.org/10.1300/j069v25n03_11 https://doi.org/10.7326/m15-2771 B. Addressing Legal and Policy Barriers to Naloxone Access Cost-Effectiveness of Distributing Naloxone to Heroin Users for Lay Overdose Reversal Opioid Overdose Prevention and Naloxone Distribution in Rhode Island Overdose Rescues by Trained and Untrained Participants and Change in Opioid Use Among Substance-Using Participants in Overdose Education and Naloxone Distribution Programs: A Retrospective Cohort Study See prescribe Physicians' Knowledge of and Willingness to Prescribe Naloxone to Reverse Accidental Opiate Regulation of Nonprescription Products, See supra See id. id. id. supra Changing course: A new approach to opioid pain medication at FDA Epidemic: Responding to America's Prescription Drug Abuse Crisis https://doi.org/10.1056/nejmra011080 Overdose Death Rates Increases in Drug and Opioid Overdose Deaths–United States, 2000- 2014 What we know, and don't know, about the impact of state policy and systems-level interventions on prescription drug overdose State Legal Restrictions and Prescription-Opioid Use among Disabled Adults Drug- poisoning Deaths Involving Heroin: United States, 2000-2013 See generally Increases in Drug and Opioid Overdose Deaths–United States, 2000-2014 Applying Farr's Law to Project the Drug Overdose Mortality Epidemic in the United States Effect of a Pill Mill Law on Opioid Prescribing and Utilization: The Case of Texas https://doi.org/10.1016/j.drugalcdep.2014.10.001 https://doi.org/10.1056/nejmsa1514387 https://doi.org/10.1016/j.drugalcdep.2015.12.025 See generally Physician Continuing Education to Reduce Opioid Misuse, Abuse, and Overdose: Many Opportunities, few Requirements Trends in Methadone Distribution for Pain Treatment, Methadone Diversion, and Overdose Deaths–United States, 2002-2014 See generally https://doi.org/10.1016/j.drugalcdep.2016.04.002 Keywords: access; naloxone; opioid; overdose; pain; states; supra; treatment; united
Staying Responsible Within the Healthcare Industry in the Era of Responsible Corporate Officer Doctrine by Kim, Jane (2017) - See id. Exclusions FAQ supra Does an Exclusion Affect a Person’s Right to Receive Benefits Under the Medicare, Medicaid and all Federal Health Care Programs Id. H. Conflict of Interest and Indemnification will quid pro quo, Id. supra , Id. Id. Id. Id. supra see also Delaware Court Rules On Director's Entitlement To Indemnification For Expenses Incurred In Criminal Suit, Regulatory Action And Internal Investigation, Don't Win the Battle but Lose the War Retaining Directors' Mandatory Indemnification Rights in Settlements of Civil and Criminal Proceedings, Indemnification Clauses Id. e.g. Health Information and Data Security Safeguards see Physicians Post-PPACA: Not Going Bust At The Healthcare Buffet United States v. Park ., supra Id. supra knowing supra Compliance Guidance Id. Id Federal Fraud Enforcement and Physician Compliance, Id. A Guide to the Rulemaking Process DOJ’s Important Message to Health System Leadership Id. See Effective Compliance and Ethics Programs Under the Amended Sentencing Guidelines supra . Hospital Chain Inks Record $5.5M HIPAA Deal, Florida Hospital System Agrees to Pay the Government $85 Million to Settle Allegations of Improper Financial Relationships with Referring Physicians, Community Health Systems Inc. to Pay $98.15 Million to Resolve False Claims Act Allegations, Data breach results in $4.8 million HIPAA settlements OCR Announces Initiative to More Widely Investigate Breaches Affecting Fewer than 500 Individuals, D. Defenses to Responsible Corporate Officer Doctrine qui tam qui tam qui tams civil criminal Halifax Top Ten Health Law Issues, Fraud and Abuse Enforcement, supra See Medicare Thief? Keywords: doctrine; exclusion; officer; supra
Decreasing Prescription Drug Prices: Can Effective Policy Incentivize Cooperation Between Previously Antithetic Sectors? by Brown, Benjamin E. (2017) - The Legal Landscape For Reverse Payment Settlements After Federal Trade Commission v. Actavis, Inc. Id. Id. See supra B. Patent and Antitrust Laws See generally Pharmaceutical Industry Pharmaceutical Industry supra Pharmaceutical Industry supra Pharmaceutical Antitrust: Delayed Generic Entry Cases Frequently Asked Questions on Patents and Exclusivity Pharmaceutical Corporations and Medical Research Drug Patent Expirations and the “Patent Cliff” supra Id. C. Generic Pharmaceutical Company Issues Prescriptions For Change: The Hatch-Waxman Act And New Legislation To Increase The Availability Of Generic Drugs To Consumers supra Drug Prices Defy Gravity, Doubling or Dozens of Products, The Industry Id. Be Wary of Stratospheric Increases in Generic Drug Prices, Id. Id. Expose Reveals Why We No Longer Trust All Generic Drugs D. Increased Marketing Expenditures Detailing How a Cabal Keeps Generics Scarce supra see also, , supra There Ain’t No Such Thing as a Free Lunch: A Look at State Disclosure Laws and the Effect on Pharmaceutical Company Marketing see also Big Bad Pharma: An Ethical Analysis of Physician-Directed and Consumer-Directed Marketing Tactics The Impact of Direct-to-Consumer Advertising Big Bad Pharma: An Ethical Analysis of Physician-Directed and Consumer-Directed Marketing Tactics Id. Sorrell v. IMS Health See generally Health Care Costs: A Primer Pharmaceutical Detailing Definition supra The Pharma Marketing Glossary Persuading the Prescribers: Pharmaceutical Industry Marketing and its Influence on Physicians and Patients Pharmaceutical Detailing Is Not For Everyone: Side Effects May Include Sub-Optimal Prescribing Decisions, Compromised Patient Health, And Increased Prescription Drug Spending supra Regulating Pharmaceutical Marketing Economic Repurposing of Drugs Id. See generally supra supra See generally The Cost Of Creating A New Drug Now $5 Billion, Pushing Big Pharma To Change supra See generally Definition of a Private Operating Foundation supra Id. Id. See generally supra supra C. Example: Cystic Fibrosis Foundation Collaboration with Vertex Pharmaceuticals PhRMA Keywords: drug; pharmaceutical; prescription; supra

Care

Recent Modifications to the Preemption Doctrine & Their Impact on State HMO Liability Laws by Jordan, Karen A. (2004) - Through ERISA's savings clause, Congress expressly exempted from the reach of ERISA preemption state laws that MgUlate insurance. Through ERISA's savings clause, Congress expressly exempted from the reach of ERISA preemption state laws that regulate insurance. Keywords: action; analysis; care; cases; claim; clause; conflict; conflict preemption; court; erisa; erisa plans; erisa preemption; health; health care; health law; hmo; insurance; laws; liability; life; plan; preemption; regulating; review; rush; savings; state hmo; state law; u.s
Controlling Medical Malpractice Insurance Costs-Congressional Act or Voter Proposition? by Frech III, H. E.; Hamm, William G.; Wazzan, C. Paul (2006) - Insurance costs determine insurance premiums, and Proposition 103 does not qffect medical malpractice insurance costs. Premiums is Limited Ex-ante, it is theoretically unlikely that Proposition 103 could be effective in limiting the growth in medical malpractice insurance premiums for ·four reasons. Keywords: california; care; costs; economics; health; insurance; malpractice; medical; micra; premiums; proposition; rates
An Economic Analysis of the Impact of Pay-for-Performance Initiatives on Physicians, Patients and Insurance Providers by Wazzan, C. Paul; Chowdhury, Kali Prasun; Sellman, William R.; Zimmerman, Michael A. (2006) - A BRIEF DESCRIPTION OF THE CURRENT SYSTEM AND THE VARIOUS PAY FOR-PERFORMANCE INITIATIVES Proponents of P4P systems essentially believe that if physicians (or hospitals) are competing-on a relative basis to their peers-for increased monetary rewards, this form of induced competition will force them to take actions not merely for the sake of the patient, but also for their own financial good. Thus, a relative value unit for physician services is comprised of three factors: actual work performed, practice expense, and physician liability insurance-each of which has its own weighted value based on the nature of the service provided. Keywords: analysis; california; care; health; initiatives; insurance; medical; p4p; patient; percent; performance; physician; services; system
Pay-for-Performance in Centra/Indiana by Kelleher, David E.; Overhage, J. Marc (2006) - For the pay for performance program, nilE will combine clinical observations from laboratories, radiology centers, hospitals and other providers with clinical data from physician offices and claims data from payers to create a robust view of clinical care. To determine when to make physician level quality information available to employers and patients. Keywords: care; committee; employers; forum; health; indiana; information; measures; performance; physician; plans; program; quality; year
Report of the Council on Ethical and Judicial Affairs: Physician Pay-for-Peiformance Programs by Bostick, Nathan A.; Sade, Robert M.; McMahon, John W. (2006) - If PFP programs identifY physicians with exceptional performance in providing effective and safe patient care, the reasons for such performance should be shared with physician program participants and widely promulgated. 24 Such inconsistencies in physician practice become ethically problematic when they prevent patients from deriving adequate benefits from medical care. Keywords: ama; care; guidelines; health; medical; patient; performance; pfp; physicians; practice; programs; quality
Advancing Quality Through Collaboration: The California Pay-for-Performance Program by Healthcare Association, Integrated (2006) - Physician group performance was measured both individually and in aggregate in 2003, with incentive payments and public reporting following in 2004. PuBLIC REPORTING AND PROGRAM RESULTS Transparency via public reporting of physician group performance is a key part of the Pay for Performance program. Keywords: california; care; clinical; data; groups; health; measurement; measures; patient; pay; payment; performance; physician; plans; program; quality; set; year
Hospital-Physician Joint Venture Relationships: A Useful Tool to Improve Hospital Services by Pratt, Steven H. (2007) - The trend for many hospitals has been to capitalize on the movement towards investing in specialty hospital services by seeking to partner with phy sicians who are positioned to expand specialized services, or to capture new and growing markets along a specific service line, such as diagnostic imaging. The legal restrictions that apply to joint venture arrangements of this type will require significant planning and preparation, but as some of the provided incentives demonstrate, compen sation arrangements can be established that will result in a mutually beneficial relationship. Keywords: arrangement; business; care; compensation; health; hospital; incentive; joint; kickback; market; physicians; quality; services; time; use; value; venture
Have Your cake and Eat It, Too: How States Could Leverage Data on Quality to Promote Health Care Transparency & Patient Privacy within Consumer-Driven Health Care Initiatives by Hudson, Julia (2012) - Reflecting this interest, various efforts have been initiated in recent years within the public and private sectors to make health care information available to consumers. To address the technology issues associated with CDHC initiatives, employers, health plans, and financial institutions are turning to health information and application vendors.90 In the GAO's study of transparency initiatives, it found that most health plans use a vendor to aggregate or manage all of the measures and data sources necessary for their transparency initiatives, with Subimo, which was actually acquired by WebMD in 2006,91 being the 87 Bill Roberts, Modeling Better Health Care: Online Tools Help Employees Make Wiser Health Care Decisions, 51 HR MAGAZINE 93, 94 (2006). Keywords: care; consumers; cost; data; health; health care; health data; health information; hipaa; information; initiatives; plans; price; privacy; quality; state; supra note; transparency; use
Just Caring: Do the Indolent, the Inebriated and the Irresponsible Deserve Equal Access to Needed Health Care by Fleck, Leonard M. (2013) - Or, to put this last point more positively, there are numerous other ways of controlling health care costs justly that do not threaten the just claims to needed health care of those whose health needs may be self-caused in whole or in part. While there are multiple reasons why health care costs have increased much faster than the core rate of inflation in the economy, most health policy analysts would see emerging medical technologies as the primary driver of these cost increases.6 Keywords: access; behavior; care; choices; costs; health; health care; heart; individuals; justice; liberal; life; needs; patients; physicians; responsibility; society; years
The Stark Inaccessibility of Medical Care in Rural Indiana: Judicial and Legislative Solutions by Martin, Thomas F. II (2013) - For example, one guideline for determining whether a geographic area, which has a population to primary care physicians ratio of more than 3,000 to 1 but less than 3,500 to 1, displays a uniquely high demand for primary care physicians, is that the area suffers an infant death rate of more than 20 per 1,000 births. Under this legal framework then, applying the national standard of care to rural physicians might be unfair due to the potential existence of conditions outside the control of rural physicians.100 Specifically, holding rural physicians to the same standard of care as metropolitan physicians is inequitable if metropolitan physicians have access to better medical facilities.10 1 Keywords: access; areas; care; costs; court; health; hospitals; indiana; indiana health; locality; malpractice; medical; negligence; physicians; primary; rule; services; shortage; standard; state
Controlling Health Care Spending: More Patient "Skin in the Game?" by Orentlicher, David (2016) - The need for effective cost containment strategies in health care persists, even though the Affordable Care Act appears to have had some success at containing health care costs. If the deductible is $500, the patient pays the first $500 in health care costs for the year. Keywords: care; costs; health; patient; people; programs; skin; spending; united; wellness
Sixteen Myths of Medicine and Medical Malpractice by Tabler, Jr., Norman G. (2016) - It is much less expensive than specialty care and, of course, vastly less expensive than hospital care. Remember that in the context of hospital care, medicine is a team sport. Keywords: care; errors; health; health care; hospital; indiana; liability; malpractice; medical; myth; patient; states; system; united
Help that Hurts: How DOL's Home Care Rule Harms People with Disabilities and Caregivers by Munson, Emily (2016) - Advocacy groups for home care workers, as well as lobbying groups for the minorities that comprise a significant portion of the home care worker pool, had been clamoring for minimum wage and overtime protections for years. Other challenges have come from home care workers seeking FLSA protection through litigation, as well as through administrative rulemaking efforts. Keywords: act; care; care rule; care workers; caregivers; companionship; court; disabilities; dol; exemption; flsa; health; home; home care; hours; labor; people; rule; services; standards; states; workers
Ideology Meets Reality: What Works and What Doesn't in Patient Exposure to Health Care Costs by Laurion, Victor; Robertson, Christopher T. (2018) - In subsequent Parts, we evaluate these ideological commitments in the light of empirical evidence about how health insurance and cost sharing actually work in practice. To be sure, Nyman’s theory does not repudiate moral hazard altogether, nor does it repudiate cost sharing as a policy mechanism. Keywords: care; cost; cost sharing; deductible; hazard; health; health care; health insurance; healthcare; income; insurance; patients; pocket; president; price; services; sharing; spending; use
Patient Registries and Their Governance: A Pilot Study and Recommendations by Francis, Leslie P.; Squires, Michael (2019) - Some of these organizations are non-profits but many others are for-profit corporations interested in using registry data to further their corporate goals. Other registries may acquire data without either the consent or the knowledge of the individuals from which registry data is drawn. Keywords: c.f.r; care; clinical; consent; data; disease; entities; governance; health; hipaa; information; participants; patient; privacy; protection; registries; registry; research; security; use
Digital Health Privacy and Age: Quality and Safety Improvement in Long-Term-Care by Zuraw, Rachel; Sklar, Tara (2021) - This provides yet another argument in favor of incorporating sensor technology to make home health care accessible to more individuals. The reporting on these factors is based on outcome measures (defined as an assessment of “the results of health care that are experienced by patients”) and process measures (defined as “the rate of home health agency use of specific evidence-based processes of care”).18 Survey data, though, is a far cry from the formal monitoring and reporting that long-term care facilities are required to undergo. Keywords: adults; care; community; consent; data; digital; health; home; kinney; monitoring; privacy; quality; sensor; technology; term; term care
Medicaid: A Safety Net for the "Wealthy" by East, Robert (2022) - Because the beneficiary, or Medicaid applicant, does not technically own the assets held in the trust, he can utilize the trust to avoid specific legal requirements.63 Concerning Medicaid eligibility, an applicant with income exceeding the income cap cannot qualify for Medicaid benefits unless he puts his excess income in a Miller Trust.64 So, while the government takes measures to restrict Medicaid for the needy, members of the upper class have uncovered a slew of alternative legal strategies to qualify them for Medicaid benefits, nonetheless. Keywords: benefits; care; community; coverage; health; home; income; ind; indiana; insurance; medicaid; nursing; policy; program; resources; spouse; supra note; term; term care
Taxation and Telehealth: Would a Telehealth Exclusive Facility Owned by a Nonprofit Hospital be Exempt from Property Tax in Indiana? by Hughes, Jackson (2023) - [Vol. 20:385 further that such hospital facilities shall be open to the public without discrimination as to race, color or creed and regardless of ability to pay, and that such hospital is licensed and otherwise complies with the laws of this state relating to the licensing and regulation of hospitals[.]”156 Simply put, if additional property is owned by a nonprofit hospital and used in a manner which provides charity care–even if some of the services provided are either reimbursed or paid for out of pocket by patients–the property is entitled to exemption from property taxation so long as any profit made is used to further provide for charity care. In response to the “considerable uncertainty surrounding the test for charitable property tax exemption, especially regarding the application of a 132. ILL. Keywords: care; code; exemption; facility; hospital; indiana; inpatient; methodist; property; purposes; services; tax; telehealth

Indiana

Transcript of the 2008 Live Symposium Panel Discussion by Buechler, James; Carroll, Aaron; Gutwein, Matthew R.; Orentlicher, David; Schmitz, Eric; Speer, Kevin (2008) - As we see health care costs spiral and go out of control, as we see quality start to go in the toilet, as the quality of our access to care continues to decline, we need to, as a country, make a decision about the way we want to spend our money. Having said that, I am highly dubious that what I think is called con sumer-driven healthcare can offer the kind of huge gains or the radical reforms that will bring down healthcare costs to the levels that exist in other countries. Keywords: access; costs; country; good; healthcare; healthcare system; indiana; insurance; lot; medicare; money; need; people; primary; reform; right; state; system; time
Causing Conflict: Indiana's Mandatory Reporting Laws in the Context of Juvenile Defense by Smith, Megan M. (2013) - The federal government became involved in 1974 when Congress passed the Child Abuse Prevention and Treatment Act (the Act), which requires each state to enact some type of mandatory child abuse reporting statute in order to be eligible for federal funding. The protection of children is the primary purpose of mandatory reporting laws. Keywords: abuse; ann; attorney; child; client; code; counsel; indiana; juvenile; laws; privilege; reporting; reporting laws; stat
Autism Insurance Reform: A Comparison of State Initiatives by Stuart, Melissa (2011) - In this way, supporters of insurance reform argue that ASDs do not differ from numerous other chronic medical disorders, like hypertension, diabetes, or asthma, for which health insurance routinely covers treatment.212 Advo- cates also point to the status of the provider giving the diagnosis as an ar- gument in favor of health insurance coverage. For example, in California, a consumer advocacy group is suing the Department of Managed Health Care for allegedly permitting health insurers to deny coverage for ABA.119 While judicial review is available for state insurance regulator determinations, the high deference afforded to agency decisions makes it difficult to challenge in court.120 Lawsuits may also be brought under contract or tort law theories, such as fraud or bad faith, or under special state insurance laws.121 Typically, courts interpret insurance exclusions narrowly and coverage broadly.122 However, while courts may offer protection for consumers, the time, mon- Keywords: aba; ann; asd; asds; autism; autism insurance; children; code ann; coverage; health; indiana; individuals; insurance; lexisnexis; plans; reform; rev; services; stat; states; supra note; treatment; west
Collateral Consequences and the Right to Appeal: Reconsidering Whether Temporary Committment Appeals in Indiana Are Moot by Warner, Jonathan B. (2018) - And this is to say nothing of any social stigma that might accompany a valid order of temporary commitment.53 Thus, the J.B. court’s assessment that expired temporary commitment appeals are moot because the court on appeal cannot order the end to an already expired commitment is unnecessarily restrictive of the court’s authority to grant relief on appeal and does not take into account the potential for harmful collateral consequences that may arise from a record of temporary commitments. However, even if Rule 14.1 were amended to apply to temporary commitments, or if temporary commitment appeals were otherwise routinely expedited, it is difficult to envision a rule amendment or other expedited process that would capture twenty-four-hour or seventy-two-hour detentions. Keywords: app; appeals; commitment; court; ind; indiana
Dairy Beloved: Why Indiana Should Stop Labeling Plant-Based Beverages as "Milk" by Behrens, Brooke M. (2022) - ”263 Florida defines “imitation milk” as “those foods that have the physical characteristics, such as taste, flavor, body, texture, or appearance, of milk or milk products The COVID-19 pandemic put these efforts on hold for the time being, but chances are that there will continue to be a push for fair labeling on a national level for years to come, especially as the popularity of milk alternatives is projected to continuously rise. 231. Keywords: almond; alternatives; beverages; calcium; cow; dairy; et al; fat; food; health; indiana; labeling; milk; nutrition; plant; products; protein; rice; soy; states; supra note

Review

Dances with Elephants: Administrative Resolution Dances with Elephants: Administrative Resolution by Kinney, Eleanor D.; Sage, William M. (2008) - Conventional malpractice litiga tion serves Medicare beneficiaries poorly, with aged or previously disabled in dividuals being far less likely than other negligently injured patients to obtain compensation through the courts.27 The Medicare program has shaped national health policy and molded the politics of health care since the 1960s, but (as Hoffmann and Rowthom 's article illustrates) has walled itself off from liability determinations in part for fear of alienating physicians. In previous scholarship,28 we argued that the Medicare program has the requisite infrastructure in place today to adjudicate the medical malpractice claims of Medicare beneficiaries. Keywords: beneficiaries; beneficiary; complaint; health; injury; malpractice; medical; medicare; patient; process; quality; review
iPads, iPhones, Androids, and Smartphones: FDA Regulation of Mobile Phone Applications as Medical Devices by Krouse, Alex (2012) - Nevertheless, it appears that the FDA intends to regulate mobile medical applications when u8ed as ari accessory to a medical de vice.m Finally, mobile medical applications that allow the user to input patient specific information which is processed to aid a clinician in making a di agnosis will also be regulated.163 Keywords: access; android; applications; approval; apps; class; current; developers; devices; example; fda; health; health applications; industry; information; medical; mobile; phone; process; regulation; regulatory; review; software; technology; use; user
New Technology and Increased Globalization: Addressing Difficulties Presented in the Current FDA Inspection Process by Banister, James B. (2013) - These trends have created barriers to FDA inspections by increasing the jurisdiction the FDA must inspect and the depth of knowledge the inspectors must attain. The number of foreign facilities making FDA regulated drugs has doubled between 2001 and 2007 (1282 - 2820).69 Of the 2.1 million FDA regulated imports from China, 30% were drugs or medical devices (630,000).70 New manufacturing facilities in China and India make up more than 40% of FDA-registered foreign pharmaceutical locations.7 1 Supply chains are becoming increasingly globalized and complex. Keywords: data; drug; facility; fda; food; globalization; industry; inspection; inspectors; manufacturers; manufacturing; new; process; products; quality; review; risk; strategies; strategy; system; technology

Court

Saving Money, Not Lives: Why the VA's Claims Adjudication System Denies Due Process to Veterans with Post-Traumatic Stress Disorder and How the VA can Avoid Judicial Intervention by Wilson, Contessa M. (2010) - In undertaking this analysis the court looked to the AP A, applicable congres sional statutes, and the Fifth Amendment of the Constitution in an effort to assess whether veterans are being denied due process caused by unreasona ble delay in benefit claims adjudication. The district court, however, held that although the delays in benefits claims adjudications, especially for appeals, [were] substantial, the existing statutory framework . . . Keywords: action; adjudication; agency; analysis; benefits; claims; court; delays; disability; district; district court; f. supp; health; peake; process; ptsd; scddc; supp; veterans
Beyond the Emergency Room Doors: Rejecting Patient Admittance as Satisfaction of Hospital Obligations under EMTALA by Fillenwarth, Charlotte (2013) - 123 Id 124 Id. (stating pointedly that permitting inpatient admission to end EMTALA obligations would provide an obvious means of circumventing these requirements that would seemingly contradict the point of the statute to protect emergency patient health and safety. In these situations, courts are divided on the viability of patients bringing EMTALA claims in spite of hospital admittance. Keywords: circuit; condition; court; emergency; emergency department; emtala; health; hospital; patient; requirement; stabilization; statute; transfer; treatment
Not of Minor Consequence?: Medical Decision-Making Autonomy and the Mature Minor Doctrine by Benston, Shawna (2016) - The legal system grants autonomy to make medical decisions to those over the age of 18 and denies it to those under the age of 18, due to an ostensible lack of “maturity” in the latter population sufficient to the legal authority to make such medical decisions. It is a moral and philosophical decision that, being a competent adult, is [the patient’s] alone.15 Of course, the Bouvia court was examining an issue of adult competence to make medical decisions; what remains to be explored is whether a capacitated minor can be granted the same freedom to determine for himself how much life devoid of “quality, dignity and purpose” is enough. Keywords: cassandra; court; decision; doctrine; life; mature; medical; minor; treatment
The False Claims Act and the Escobar Decision: What Is on the Horizon for the Healthcare Industry by Boyadzieva, Natasha (2019) - Kersulis v. RehabCare Grp., Inc., 2007 WL 294122 (E.D. Ark. Jan. 29, 2007) (holding that summary judgment was appropriate for the defendants because CMS did not provide any formal guidance regarding the interpretation of the relevant but unclear FCA regulations, and there was no evidence to show that the hospital knowingly provided false information or caused false claims to be submitted to the federal government). Unlike medical malpractice, FCA has the scienter requirement of intentional misrepresentation that extends to encompass gross negligence or reckless disregard but not negligence alone.41 Furthermore, many health and safety matters are of local concern and are left in the purview of the individual state legislation; they are not appropriate for imposing the federal FCA liability.42 C. False Certification Theory: Express and Implied Certification There are two categories of false claims under the FCA: a factually false claim and a legally false claim.43 A claim is factually false when the claimant misrepresents what goods or services it provided to the Government while a claim is legally false when the claimant knowingly falsely certifies that it has complied with a statute or regulation the compliance with which is a condition for 36. Keywords: cir; claim; court; decision; escobar; ex rel; fca; fraud; government; health; payment; rel; states ex; theory; united states
The Beginning and End of Our Analysis: The Seventh Circuit's Approach to the Three-Way Circuit Split of Dismissal Authority in Qui Tam Claims by McNamee, Wm. Luke (2022) - Therefore, because dismissals under Rule 41(a)(1)(i) are not subject to judicial review, neither should government motions to dismiss filed during the same period.77 Prior to the pandemic, the Granston Memo cited concerns about the growing number of qui tam claims, the burden they place upon federal attorneys, and the “static” rate of government interventions.184 Keywords: action; authority; circuit; claims; court; dismissal; fca; government; motion; standard; states; swift; tam; u.s.c; united
Habeas Corpus and COVID-19: In the Midst of a Viral Pandemic, Can the "Great Writ" Provide Home Supervision to At-Risk Plaintiff Inmates? by Zurschmiede, Jake (2022) - Task Force member Homer Venters, too, recognizes the poor conditions of confinement shared amongst prison inmates during the pandemic in explaining that “ [. . . While the theory of the Sixth Circuit’s ruling is that a court that finds a plaintiff inmate to be under such danger is more likely to admit a petition for the writ of habeas corpus, courts have laterally held during the COVID-19 pandemic that a plaintiff inmate cannot effectuate a conditions of confinement claim with a petition for the writ of habeas corpus on the basis of pandemic-related dangers.35 This is not to say that hope for plaintiff inmates seeking a habeas writ on the basis of adverse conditions of confinement during the pandemic is completely lost; some jurisdictions do recognize habeas admissibility in conditions of confinement claims and, as such, hold case law that proves more analogous to COVID-era claims than courts have recognized. Keywords: circuit; conditions; confinement; court; covid-19; habeas; habeas corpus; health; home; inmates; pandemic; plaintiff; prison; release; u.s; writ
Free Speech and Scientific Exchange: Testing the Limits of FDA's Authority to Regulate Manufacturer Scientific Discussions by Whitelaw, Seth B.; Kulkarni, Darshan (2023) - Based on these rulings, the FDA limited the rights to regulate or restrict manufacturer scientific speech. The breadth of permitted First Amendment restrictions turns on whether manufacturer scientific speech is commercial or non-commercial (so-called “pure speech”). Keywords: amendment; court; discussions; drug; fda; government; health; information; label; manufacturer; speech; supreme; u.s; use
Spreading a Digital Disease: The Circuit Split on Data Breaches and Its Effects on the Health Sector by Perkins, Nicole B. (2023) - Unlike financial identity theft victims, medical identity theft victims have very few private remedies available, which is problematic in how valuable medical information is for criminals.13 Personal Health Information (“PHI”) is more valuable on the black market than credit card credentials or regular Personally Identifiable Information (“PII”).14 Therefore, there is a higher incentive for cyber criminals to target medical databases.15 Those breaches have resulted in the loss, theft, exposure, or impermissible disclosure of 268,189,693 healthcare records,16 which equates to more than 81.72 percent of the population of the United States.17 In 2018, healthcare data breaches of 500 or more records were being reported at a rate of around one per day.18 In December 2020, that rate had doubled. TransUnion further indicates that a statutory violation, like the one found in Horizon, will not be enough for future victims of healthcare data breaches to find legal recourse. Keywords: breach; breaches; circuit; court; data; data breach; future; harm; healthcare; information; injury; medical; plaintiffs; risk; security; standing; supreme

Patient

Pay-for-Performance or Compliance? A Second Opinion on Medicare Reimbursement by Dolinar, Richard; Leininger, S. Luke (2006) - 9 B. Updates and Controls Attempting to limit Medicare physician costs, Congress also created volume controls, based on an official projection of the appropriate growth rate of Medicare physician services. I. A MISGUIDED APPROACH The ·concept of ''pay for performance in Medicare is unquestionably attractive to federal policymakers and suggests-correctly in our view-that Medicare patients and the taxpayers are not getting the best value for their money. Keywords: compliance; congress; decisions; doctors; evidence; government; guidelines; health; health care; medical; medicare; medicine; patient; pay; payment; performance; physician; practice; providers; quality; reimbursement; research; services; system
The E-Health Revolution and the Necessary Evolution of Informed Consent by Berg, Jessica (2013) - As more people use e-health tools there should be a greater effect on the system. 42 Pushing the forefront of e-health tools, researchers at Case Western Reserve University are developing the eSMARTT application, which uses digital avatars to help individuals make healthcare decisions. Keywords: app; apps; autonomy; consent; decision; health; healthcare; information; making; medical; mobile; new; patient; sdm; tools; use
The Burden of Deciding For Yourself: The Disutility Caused by Out-of-Pocket Healthcare Spending by Robertson, Christopher T.; Yokum, David V. (2013) - THE ALTERNATIVES TO COST SHARING .............. Cost sharing is JD, PhD, associate professor at the James E. Rogers College of Law, University of Arizona. Keywords: burden; choice; consumption; cost; cost sharing; decision; function; healthcare; insurance; making; options; patient; pocket; problem; rationing; regret; sharing; spending
Drug Dealing and the Internal Morality of Medicine by Lamkin, Matt (2024) - In concluding the Controlled Substances Act did not prohibit physicians from prescribing drugs to help a patient commit suicide in accordance with state law, the Court implicitly rejected the claim that legitimate medicine is limited to prescribing drugs for the purpose of healing.42 Hence, whatever the merits of this narrow essentialist account as a matter of medical ethics, this approach does not help clarify the scope of legitimate medical practice 40. Some have argued it is unethical for physicians to engage in these practices, even if it would be ethical for others to perform these same acts, because medical practice is limited to promoting patients’ health. Keywords: drug; health; internal; medical; medicine; morality; patient; physician; practice; prescribing; purpose; scope; standard

Public

You Don't Have To Go Home, but You Can't Eat Here: How Restaurants Discriminate Against Individuals with Celiac Disease Under the Americansw with Disabilites Act and What Should Be Done by Hooker, Michael J. (2015) - Consequently, the United 2015 HOW RESTAURANTS DISCRIMINATE 857 States Department of Justice (“DOJ”) should use the ADA to guarantee the same type of protections to Americans that suffer from celiac disease as are offered to the physically disabled. The awareness and diagnosis of celiac disease, an autoimmune condition has also grown tremendously in recent years. Keywords: accommodation; ada; celiac; disability; disease; doj; food; free; gluten; individuals; lesley; public; restaurants; services; university
What Motivates Legislators to Act:: Problem Definition & the Opioid Epidemic, A Case Study by El-Sabawi, Taleed (2018) - WHAT MOTIVATES LEGISLATORS TO ACT 195 medical and public health methods for both treating and preventing problem drug use, would have been more effective at addressing problem drug use.35 Despite the empirical evidence, criminal justice solutions were supported by actors who depicted the drug user or populations at risk for drug use as persons of weak character, who could not help but give in to the seduction of a high, no matter the cost.36 Historically, the dominant37 problem definition38 in drug policy has been that the drug user’s poor moral character and his inability to refrain from engaging in hedonistic behavior caused his drug use.39 This causal story40 limited the policy alternatives to legislative solutions that included punishment and supply reduction—solutions aimed at punishing the drug user’s bad behavior and keeping drugs away from him to decrease the likelihood of his use. Further, what motivated legislators to act to change drug policy given their inaction in other policy areas? Keywords: act; approach; congress; criminal; definition; drug; drug policy; drug use; epidemic; evidence; groups; health; influence; interest; justice; legislative; legislators; opioid; policy; preferences; pressure; problem; problem drug; public; solutions; support; supra note; use
Seize the Moment: The Opportunity to Realize the Human Right to Healthcare in the United States by Quigley, Fran (2021) - As with Medicaid managed care programs, Medicare Advantage corporations are paid a set fee per patient, thus creating the motive to deny expensive claims. In fact, Medicare Advantage programs cost the government four percent more per person than traditional Medicare.49 IV. Keywords: advantage; corporations; dollars; health; healthcare; insurance; medicaid; medicare; plans; profit; public; system

States

Surviving Gentrification and Segregation by Anderson, Courtney Lauren (2021) - Past housing laws and present housing policies and practices have segregated neighborhoods by race. Finally, I will provide more detail about the danger of health disparities to underscore the importance of including housing laws in the broader public health agenda. Keywords: annexation; health; housing; income; neighborhoods; people; segregation; states

Information

Towards Global Harmonization: A Comparative Analysis of Taiwan's Pharmaceutical Track and Trace System by Shope, Mark L. (2025) - To achieve these objectives, the CAPTRACE Agreement would call for (at least) the following: secure and interoperable data exchange, inclusion of product identifiers, product verification systems, recall and investigation mechanisms, and transaction information retention protocols. A repackager must establish systems to effectively comply with regulations concerning suspect products and illegitimate products.69 B. DSCSA Enhanced Drug Distribution Security On November 27, 2023, the DSCSA called for an enhanced method of electronic tracing of pharmaceutical products. Keywords: art; article; chain; d. art; distribution; drug; dscsa; health; information; manufacturing; pharmaceutical; product; regulations; supply; system; taiwan; trace; trading; transaction

Act

Where's the Beef - An Examination of the Pink Slime Controversy and the Implications of the REAL Beef Act on State Truth-in-Menu Laws by Williams, Crystal T. (2012) - 51 Id 52 I[d 2013 481. INDIANA HEALTH LAW REVIEW should qualify as an ingredient or processing aid will continue to present challenges when it comes to properly labeling substances used in meat food products. Even if the REAL Beef Act is passed, it does not expressly state that restaurant menus should be labeled to include the presence of LFTB in meat food products. Keywords: act; beef; beef act; food; ground; labeling; lftb; meat; menu; products; restaurants; use

U.s

Legality of Explicit Racial Discrimination in the Distribution of Lifesaving COVID-19 Treatments by Conklin, Michael (2022) - AFFIRMATIVE ACTION IN COLLEGE ADMISSIONS ANALOGY Advocates for racial discrimination in COVID-19 treatment are likely to attempt to compare the legally permissible practice of affirmative action in college admissions in an effort to support the legality of their position. LEGALITY OF EXPLICIT RACIAL DISCRIMINATION IN THE DISTRIBUTION OF LIFESAVING COVID-19 TREATMENTS MICHAEL CONKLIN* ABSTRACT In 2021, the Federal Drug Administration released a statement advocating for race and ethnicity to be used in rationing lifesaving COVID-19 treatments. Keywords: covid-19; discrimination; government; health; new; people; policies; policy; preferences; race; treatments; u.s; white; york

Quality

Can Money Buy Quality? Physician Response to Pay-for-Performance by May, Jessica H.; Berenson, Robert A.; Coughlan, Jennifer (2006) - IHA measured 2002 baseline data for physician group performance. According to physician leaders, health plan P4P contracts tend to withhold about ten percent of reimbursement, which then gets paid to the practice if performance targets are met. Keywords: health; organizations; p4p; pay; performance; physician; plans; quality

Human

A Tribute to Eleanor D. Kinney by Katz, Robert (2021) - Professor Kinney was a leading exponent of the idea of health care as a * Professor of Law, Indiana University Robert H. McKinney School of Law. Professor R. George Wright, a colleague of Professor Kinney, writes that “[r]ather like a gemologist, Professor Kinney examined the facets of th[e human] right [to health care] with discerning attention.” Keywords: health; human; kinney; professor

Crisis

Collaboration Amid Crisis by Lamoste, Elizabeth C.; Jacobson, Peter D. (2017) - An Answer, At Last See, e.g. City Adding More Lime to Flint River Water as Resident Complaints Pour In How GM Saved Itself from Flint Water Crisis Rusting Engine Blocks Flagged Big Problem, General Motors Plant Won’t Use Flint Water Until KWA Pipeline Complete Events That Led to Flint’s Water Crisis Id. Without These Whistleblowers, We May Never Have Known the Full Extent of the Flint Water Crisis Virginia Tech Expert Issue 1 Final How Can Collaboration Help Alleviate Harm in the Flint Water Crisis? Could Interprofessional Have Prevented the Flint Water Crisis http://doi.org/10.18060/3911.0028 See, e.g. 100 Faces of Flint Residents Bring Water Crisis to Life see also Flint Water Crisis, 104 Years Ago Keywords: crisis; flint; water

Ihlr

What do you Mean I Cannot Consent For My Grandmother's Medical Procedure?: Key Issues With State Default Surrogate Decision Making Laws by Comer, Amber R.; Gaffney, Margaret; Stone, Cynthia; Torke, Alexia (2017) - IHLR Vol 14 Iss. 2.pdf http://doi.org/10.18060/3911.0034 https://doi.org/10.7326/0003-4819-149-1-200807010-00010 https://doi.org/10.1016/j.jchf.2014.07.016 https://doi.org/10.4103/2229-5151.84800 https://doi.org/10.1089/jpm.2005.8.789 https://doi.org/10.4037/ajcc2012394 http://doi.org/10.1111/jgs.12736 https://doi.org/10.1136/jme.11.4.184 https://doi.org/10.1016/0890-4065(91)90011-g https://doi.org/10.1111/j.1468-0009.2010.00596.x https://doi.org/10.1093/geront/45.2.262 https://doi.org/10.1111/j.1532-5415.2012.04212.x http://doi.org/10.1056/NEJMms1611497 https://doi.org/10.1300/j031v09n04_03 Keywords: ihlr
Don't Judge a Food By Its Label: How a Mandatory Labeling Requirement for Genetically Engineered Foods Would Generate Confusion About Health and Food Safety and Create Economic Impacts for All by Crawford, Chelsea R. (2017) - IHLR Vol 14 Iss. 2.pdf https://doi.org/10.1002/mar.20796 https://doi.org/10.1086/519499 https://doi.org/10.1371/journal.pone.0066428 https://doi.org/10.1371/journal.pone.0111629 Keywords: ihlr
Cleaning Up on the Inside: Addiction, Recidivism, and Substance Abuse Treatment Programs in Indiana's Correctional Facilities by Erickson, Nick J. (2017) - 2.pdf http://doi.org/10.18060/3911.0036 IHLR Vol 14 Iss. Keywords: ihlr
The Needle and the Damage Done: Indiana's Response to the 2015 HIV Epidemic and the Need to Change State and Federal Policies Regarding Needle Exchanges and Intravenous Drug Users by Golding, Nicholas J. (2017) - 2.pdf http://doi.org/10.18060/3911.0038 https://doi.org/10.1056/nejmp1507252 https://doi.org/10.3109/10826089509104419 https://doi.org/10.2105/ajph.2005.065961 https://doi.org/10.2105/ajph.2011.300595 https://doi.org/10.1111/j.1360-0443.2008.02465.x https://doi.org/10.1016/j.drugpo.2007.09.002 https://doi.org/10.1007/s10461-015-1143-6 IHLR Vol 14 Iss. Keywords: ihlr
Municipal Liability and Police Training for Mental Illness: Causes of Action and Feasible Solutions by Hanna, Andrew C. (2017) - 2.pdf http://doi.org/10.18060/3911.0039 https://doi.org/10.1016/j.ijlp.2008.06.004 https://doi.org/10.1037/a0027931 http://doi.org/10.2105/AJPH.2013.301680 https://doi.org/10.1176/appi.ps.201300451 IHLR Vol 14 Iss. Keywords: ihlr
Accessing Indiana's Right-to-Try Law: Is it Enough to Expand Access for Terminally Ill Patients? by Howard, Victoria (2017) - IHLR Vol 14 Iss. 2.pdf http://doi.org/10.18060/3911.0040 https://doi.org/10.1111/cts.12255 https://doi.org/10.1001/jama.2015.7691 http://doi.org/10.1200/JCO.2014.60.6004 Keywords: ihlr

Inspect

The Early Impact of the Indiana Scheduled Prescription Electronic Collection and Tracking ("INSPECT") Program: A Potentially Effective Policy Tool for Reducing Prescription Drug Abuse by Wright, Eric R.; Kooreman, Harold E.; Greene, Marion S. (2017) - Issue 1 Final Indiana Health Law Review A. INSPECT – Indiana’s PDMP A. Trends in Opioid Dispensations B. Doctor-Shopping Factors Associated with INSPECT Use Frequency of INSPECT Use Change in Prescribing Practices in the Past Twelve Months http://doi.org/10.18060/3911.0031 Vital Signs: Overdoses of Prescription Opioid Pain Relievers—United States, 1999-2008 Vital Signs: United States 1999-2008 see also Prescription Drug Abuse: Insight Into the Epidemic Who Uses a Prescription Drug Monitoring Program and How? Insights from a Statewide Survey of Oregon Clinicians https://doi.org/10.1038/clpt.2010.154 https://doi.org/10.1016/j.jpain.2014.04.003 Id. Abuse of Prescription Drugs and the Risk of Addiction Economic Costs of Nonmedical Use of Prescription Opioids Prescription Opioid Overdose Data See Major Increases in Opioid Analgesic Abuse in the United States: Concerns and Strategies see also Prescribing of Controlled Medications to Adolescents and Young Adults in the United see also Opioid Prescriptions Soar: Increase in legitimate Use As Well As Abuse see also Therapeutic Opioids: A Ten-Year Perspective on the Complexities and Complications of the Escalating Use, Abuse, and Nonmedical Use of Opioids see also The Prescription Drug Epidemic in the United States: The Perfect Storm Opioid Painkiller Prescribing: Where You Live Makes a Difference Vital Signs: United States 1999-2008 supra Opioids see generally (Melissa H. Hargraves et al. eds., (2015). https://doi.org/10.1016/j.drugalcdep.2005.10.020 https://doi.org/10.1097/ajp.0b013e3181ff04ca https://doi.org/10.1016/j.drugalcdep.2005.05.009 https://doi.org/10.1542/peds.2010-0791 https://doi.org/10.1001/jama.297.3.249 https://doi.org/10.1111/j.1465-3362.2011.00291.x Estimating the Prevalence of Opioid Diversion by “Doctor Shoppers” in the United States, See, e.g Prevalence and Determinants of Pharmacy Shopping Behaviour , A History of Being Prescribed Controlled Substances and Risk of Drug Overdose Death Doctor and Pharmacy Shopping for Controlled Substances Doctor and Pharmacy Shopping for Controlled Substances, supra Prescription Drug Monitoring Programs Id.; see also PDMP TTAC, FAQS, PDMP FAQS https://doi.org/10.1371/journal.pone.0069241 https://doi.org/10.1111/j.1365-2710.2008.00878.x https://doi.org/10.1111/j.1526-4637.2011.01260.x https://doi.org/10.1097/mlr.0b013e31824ebd81 A. INSPECT – Indiana’s PDMP Central Repository for Controlled Substances Data About INSPECT About INSPECT Id. Id. Id. FAQS About INSPECT supra Id. Id. A. Trends in Opioid Dispensations INSPECT About INSPECT supra See See also supra supra Indiana INSPECT Data Set—2014 Figure 1. Composition of INSPECT Survey Sample , Id. Id. Id. Id. Id. Id. Table 5. Keywords: inspect

Torts

Comments by the Honorable Guido Calabresi, U.S. Court of Appeals, 2nd Circuit by Calabresi, Honorable Guido (2011) - From the very beginning in the fall of 1959, torts has been my field. And, lurking in the materials were all sorts of questions that, as I’ve recently learned, Hamilton put in, questions which invited an economist’s analysis that Hamilton, who left torts very early for antitrust, never made. Keywords: torts

Interprofessional

Expanding the Base: A Case for Increased Interprofessional Collaboration in Public Health Law and Policy by McCabe, Heather A.; Kinney, Marea K.; Quiring, Stephanie Q.; Jerolimov, Doug (2017) - Theme 3: Learning Collaborative Skills Needs to be Intentional and Does not Occur Effectively Simply by Working Together B. Challenges to Interprofessional Collaboration Among Students Keywords A. Population Health The Future of Public Health Core Competencies for Interprofessional collaborative Practice Framework for Action on Interprofessional Education & Collaborative Practice, Interprofessional Education and Teamwork, see also Advancing Partners and Practice through Public Health supra Id. The Future of the Public’s Health in the 21st Century, B. Growth of Programs Working Towards Increased Collaboration between Public Health and Law Closing the gap in a generation: Health equity through action on the social determinants of health , A Theory and Definition of Public Health Law The Strengths Model: A Recovery-Oriented Approach to Mental Health Services see also Social Work Expertise: An Overlooked Opportunity for Cutting-Edge System Design under the Patient Protection and Affordable Care Act see also https://doi.org/10.1093/bjsw/bcr193 https://doi.org/10.1093/hsw/hlv005 Advancing Health Law & Social Justice in the Clinic, the Classroom, and the Community Figure Id. Id. Teaching Law Students to Practice Social Justice: An Interdisciplinary Search for Help Through Social Work's Empowerment Approach. Theme 3: Learning Collaborative Skills Needs to be Intentional and Does not Occur Effectively Simply by Working Together B. Challenges to Interprofessional Collaboration Among Students supra Id. See Public Health Law & Equal Access to Justice in Rural America Keywords: health; interprofessional

2.pdf

Evaluating Solutions to Cyber Attack Breaches of Health Data: How Enacting a Private Right of Action for Breach Victims Would Lower Costs by Garner, Ryan L. (2017) - 2.pdf http://doi.org/10.18060/3911.0037 IHLR Vol 14 Iss. Keywords: 2.pdf

Epilogue

For more detail, about this study carrel, see the computed home page. For more detail about study carrels in general, see the read me file.

Created: 2025-12-24