Journal of law and health最新文献_第4页

A History of United States Cannabis Law. 美国大麻法的历史。

Journal of law and health Pub Date : 2020-01-01

David V Patton

引用次数: 0

International Law and the Legalization of Abortion in Northern Ireland. 国际法与北爱尔兰堕胎合法化。

Journal of law and health Pub Date : 2020-01-01

Emily Uterhark

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The Public Health Demand for Revoking Non-Medical Exemptions to Compulsory Vaccination Statutes. 撤销强制疫苗接种法规的非医疗豁免的公共卫生要求。

Journal of law and health Pub Date : 2020-01-01

Emma Tomsick

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Hacking HIPAA: "Best Practices" for Avoiding Oversight in the Sale of Your Identifiable Medical Information. 入侵HIPAA:避免在销售您的可识别医疗信息时受到监督的“最佳实践”。

Journal of law and health Pub Date : 2020-01-01

Riyad A Omar

{"title":"Hacking HIPAA: \"Best Practices\" for Avoiding Oversight in the Sale of Your Identifiable Medical Information.","authors":"Riyad A Omar","doi":"","DOIUrl":"","url":null,"abstract":"In light of the confusion invited by applying the label \"de-identified\" to information that can be used to identify patients, it is paramount that regulators, compliance professionals, patient advocates and the general public understand the significant differences between the standards applied by HIPAA and those applied by permissive \"de-identification guidelines.\" This Article discusses those differences in detail. The discussion proceeds in four Parts. Part II (HIPAA's Heartbeat: Why HIPAA Protects Identifiable Patient Information) examines Congress's motivations for defining individually identifiable health information broadly, which included to stop the harms patients endured prior to 1996 arising from the commercial sale of their medical records. Part III (Taking the \"I\" Out of Identifiable Information: HIPAA's Requirements for De-Identified Health Information) discusses HIPAA's requirements for de-identification that were never intended to create a loophole for identifiable patient information to escape HIPAA's protections. Part IV (Anatomy of a Hack: Methods for Labeling Identifiable information \"De-Identified\") examines the goals, methods, and results of permissive \"de-identification guidelines\" and compares them to HIPAA's requirements. Part V (Protecting Un-Protected Health Information) evaluates the suitability of permissive \"de-identification guidelines,\" concluding that the vulnerabilities inherent in their current articulation render them ineffective as a data protection standard. It also discusses ways in which compliance professionals, regulators, and advocates can foster accountability and transparency in the utilization of health information that can be used to identify patients.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38756625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Homeless and Helpless: How the United States has Failed Those With Severe and Persistent Mental Illness. 无家可归和无助:美国如何让那些患有严重和持续性精神疾病的人失败。

Journal of law and health Pub Date : 2020-01-01

Ashley Gorfido

{"title":"Homeless and Helpless: How the United States has Failed Those With Severe and Persistent Mental Illness.","authors":"Ashley Gorfido","doi":"","DOIUrl":"","url":null,"abstract":"The United States has failed its citizens who suffer from severe and persistent mental illness (SPMI). Homelessness is one of the most obvious manifestations of this failure. The combination of a lack of effective treatment, inadequate entitlement programs such as Social Security Disability Insurance (SSDI), and subpar housing options form systemic barriers that prevent people suffering from mental illness from being able to obtain adequate housing. Cultural beliefs within the United States regarding who is homeless and what homelessness means also play a significant role in the development of positively impactful social welfare programs. Part II of this Note reviews the history of treatment for persons with SPMI--specifically how that treatment has evolved, the history of federal policies regarding SSI, SSDI and housing, and societal beliefs regarding homelessness and mental illness that have impacted policymaking decisions. Part III looks at these same areas from a current perspective and addresses the current issues and some possible solutions. Part IV discusses how lack of effective treatment, poor disability programs, and the need for better housing options work together to form systemic barriers for people with SPMI. Part IV also address how the cultural beliefs in the United States regarding people who have SPMI and are homeless serve as an independent barrier to policy change. Ultimately, this Note argues that homelessness is a product of system failures rather than individual factors.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38822546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A New Age of Evolution: Protecting the Consumer's Moral and Legal Right to Know through the Clear and Transparent Labeling of All Genetically Modified Foods. 进化的新时代:通过清晰透明的转基因食品标签保护消费者的道德和法律知情权。

Journal of law and health Pub Date : 2019-01-01

Halie M Evans

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The Bell Has Rung: Answering the Door for Student-Athlete Concussion Issues in the National Collegiate Athletic Association. 铃响了:回答全国大学体育协会学生运动员脑震荡问题的大门。

Journal of law and health Pub Date : 2019-01-01

Aaron Caputo

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Solving the Opioid Epidemic in Ohio. 解决俄亥俄州的阿片类药物泛滥问题。

Journal of law and health Pub Date : 2019-01-01

Lacy Leduc

{"title":"Solving the Opioid Epidemic in Ohio.","authors":"Lacy Leduc","doi":"","DOIUrl":"","url":null,"abstract":"On May 31, 2017, Ohio Attorney General Mike DeWine took a step in fighting Ohio's opioid epidemic, bringing the first of many lawsuits against five top pharmaceutical companies. However, under Federal and State law, there is an exception called the Learned Intermediary Doctrine, which can absolve drug manufacturers of liability from any misconduct that might be found and transfer that liability to a treating physician. This exception is the way many drug manufacturers were able to avoid being held responsible in the past. This Note proposes that with the current pending lawsuit in the State of Ohio, an exception to the Learned Intermediary Doctrine should be introduced. This Note begins with a discussion of opioids and how these drugs have become such an aggressive problem in a very short amount of time in Ohio. Part II talks about the role the government can play and the drug manufacturers have played and continue to play in the availability of opioids. It discusses the effect these pharmaceutical companies have had on this problem and in increasing this problem. Part II also discusses why this is a problem and why this problem matters. Further, it talks about the steps that have already been taken by the Ohio Legislature to combat the opioid problems. Finally, it delves into a discussion of what this current lawsuit means for fighting and decreasing the opioid problem and how it will directly affect the heroin epidemic in Ohio.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37237664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Puffing Away Parental Rights: A Survey and Analysis of Whether Secondhand Smoke Exposure is Child Abuse. 剥夺父母权利:二手烟暴露是否为虐待儿童的调查与分析。

Journal of law and health Pub Date : 2019-01-01

Karly Huml

引用次数: 0

Congress Prescribes Preemption of State Tort-Reform Laws to Remedy Healthcare "Crisis": An Improper Prognosis? 国会规定国家侵权改革法律优先救济医疗“危机”:一个不正确的预测?

Journal of law and health Pub Date : 2019-01-01

Jason C Sheffield

{"title":"Congress Prescribes Preemption of State Tort-Reform Laws to Remedy Healthcare \"Crisis\": An Improper Prognosis?","authors":"Jason C Sheffield","doi":"","DOIUrl":"","url":null,"abstract":"Say what you want about the tort-reform debate, but it has staying power. Over the last half-century, legislators and commentators have extensively debated every aspect of tort reform and the litigation \"crisis\" arguably giving rise to it, without resolving much of anything. Despite this ideological stalemate, tort-reform proponents have managed to push measures through every state legislature. With fifty tries come fifty results, and for the most part, fifty failures. But have all these efforts been in vain? As of yet, no. Although the healthcare system does not appear to be improving, the numerous tort-reform measures states have adopted provide valuable insight into the litigation crisis, even (perhaps especially) when those measures have no effect. But Congress is impatient, one of its many child-like qualities. In June 2017, the United States House of Representatives passed H.R. 1215--The Protecting Access to Care Act of 2017 (PACA). If enacted, PACA would impose comprehensive tort reform on states and, in many cases, preempt similar state laws currently in effect. For many legislators, regardless of political affiliation, this understandably raises federalism concerns. To appease these concerns, PACA's drafters included provisions that appear deferential to similar state laws. However, when considered in context with the rest of the bill, PACA would likely preempt many state tort-reform provisions. This Article focuses on two PACA sections--the affidavit-of-merit section and the expert-witness-qualifications section. PACA adopts both sections from existing state statutes that have proven controversial and resulted in arguably absurd results. By analyzing state approaches in both areas, this Article concludes that these sections of PACA would preempt all similar state laws, setting a uniform federal standard. This uniformity, however, would come at a high price--an unprecedented encroachment on states' rights in an area of traditional state regulation. Further, the inequitable and absurd results occurring in these states would occur nationwide if PACA is enacted.","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"37237239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0