Health matrix最新文献

{"title":"Quarantine redux: bioterrorism, AIDS and the curtailment of individual liberty in the name of public health.","authors":"W. Parmet","doi":"10.4324/9781315239927-9","DOIUrl":"https://doi.org/10.4324/9781315239927-9","url":null,"abstract":"","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"25 1","pages":"85-115"},"PeriodicalIF":0.0,"publicationDate":"2018-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85329946","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}

{"title":"AMERICA NEEDS THE TREAT ACT: EXPANDING ACCESS TO EFFECTIVE MEDICATION FOR TREATING ADDICTION.","authors":"Barbara Andraka-Christou","doi":"10.2139/SSRN.2779675","DOIUrl":"https://doi.org/10.2139/SSRN.2779675","url":null,"abstract":"Opiate addiction and overdose is a public health crisis, but most in-patient rehabilitation centers, prisons, and drug courts do not provide effective, life-saving addiction medicine. This article discusses the legal and social reasons for underuse of one of these medicines, buprenorphine. Buprenorphine has been proven to decrease relapse, criminal activity, unemployment, and mortality. It is a WHO essential medicine. Reasons for its underuse include cultural stigma, dominance of Narcotics Anonymous, cost, Medicaid limits, and restrictions under the Drug Abuse and Treatment Act of 2000 (DATA). DATA permits physicians with a waiver to treat up to 30 patients at any time during their first year and only 100 patients thereafter. Unfortunately, very few physicians have a DATA waiver. In 2014, the TREAT Act was introduced in the Senate. It would loosen DATA’s restrictions, saving many addicts’ lives.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"22 1","pages":"309-62"},"PeriodicalIF":0.0,"publicationDate":"2016-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75935036","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}

{"title":"HOBBY LOBBY, BIRTH CONTROL, AND OUR ONGOING CULTURAL WARS: PLEASURE AND DESIRE IN THE CROSSFIRES.","authors":"R. West","doi":"10.2139/SSRN.2646792","DOIUrl":"https://doi.org/10.2139/SSRN.2646792","url":null,"abstract":"Both sides of the birth control debate agree that birth control artificially prevents or interrupts conception, allowing women to control their own fertility and allowing heterosexual men and women to enjoy unconstrained sexual liberty. However, the decision in Hobby Lobby omitted all discussion of this central function of birth control, and contained no mention of arguments for or against birth control that assume it.This piece examines and criticizes the two major arguments opposing and supporting birth control on this understanding of its function and core social meaning: first the neo-natural lawyers’ argument against birth control advanced in a papal encyclical in the 1930’s and in contemporary law review articles by John Finnis, George Bradley, and Robert George, and second, the “sexual-libertarian” argument supporting the use of birth control, culled from Griswold, Eisenstadt, Lawrence and their advocates and supporters in the academy.The focus of the piece is on the competing conceptions of heterosexual morality that underlie these two arguments. My central claim is that both sides fail to address women’s actual felt desires either for sex or pregnancy. Natural law advocates generally celebrate all non-contracepted marital sex regardless of women’s desires for either the sex or the pregnancy that is its foreseeable consequence. Likewise, sexual libertarians celebrate all consensual sex regardless of women’s desires.This erasure of the relevance of women’s desire, or lack of desire, to the morality of heterosexual intercourse and pregnancy causes women harm, and is a condition of women’s subordination. The current legal clashes over birth control have marginalized the harms. This piece seeks to re-center them.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"20 1","pages":"67-107"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79270085","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}

{"title":"Big data proxies and health privacy exceptionalism.","authors":"N. Terry","doi":"10.2139/SSRN.2320088","DOIUrl":"https://doi.org/10.2139/SSRN.2320088","url":null,"abstract":"This article argues that, while “small data” rules protect conventional health care data (doing so exceptionally, if not exceptionally well), big data facilitates the creation of health data proxies that are relatively unprotected. As a result, the carefully constructed, appropriate, and necessary model of health data privacy will be eroded. Proxy data created outside the traditional space protected by extant health privacy models will end exceptionalism, reducing data protection to the very low levels applied to most other types of data. The article examines big data and its relationship with health care, including the data pools in play, and pays particular attention to three types of big data that lead to health proxies: “laundered” HIPAA data, patient-curated data, and medically-inflected data. It then reexamines health privacy exceptionalism across legislative and regulatory domains seeking to understand its level of “stickiness” when faced with big data. Finally the article examines how health privacy exceptionalism maps to the currently accepted rationales for health privacy and discusses the relative strengths of upstream and downstream data models in curbing what is viewed as big data’s assault of health privacy.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"54 1","pages":"65-108"},"PeriodicalIF":0.0,"publicationDate":"2013-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78945832","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}

{"title":"Enabling responsible public genomics.","authors":"J. Conley, A. Doerr, Daniel B. Vorhaus","doi":"10.2139/SSRN.1473924","DOIUrl":"https://doi.org/10.2139/SSRN.1473924","url":null,"abstract":"As scientific understandings of genetics advance, researchers require increasingly rich datasets that combine genomic data from large numbers of individuals with medical and other personal information. Linking individuals' genetic data and personal information precludes anonymity and produces medically significant information--a result not contemplated by the established legal and ethical conventions governing human genomic research. To pursue the next generation of human genomic research and commerce in a responsible fashion, scientists, lawyers, and regulators must address substantial new issues, including researchers' duties with respect to clinically significant data, the challenges to privacy presented by genomic data, the boundary between genomic research and commerce, and the practice of medicine. This Article presents a new model for understanding and addressing these new challenges--a \"public genomics\" premised on the idea that ethically, legally, and socially responsible genomics research requires openness, not privacy, as its organizing principle. Responsible public genomics combines the data contributed by informed and fully consenting information altruists and the research potential of rich datasets in a genomic commons that is freely and globally available. This Article examines the risks and benefits of this public genomics model in the context of an ambitious genetic research project currently under way--the Personal Genome Project. This Article also (i) demonstrates that large-scale genomic projects are desirable, (ii) evaluates the risks and challenges presented by public genomics research, and (iii) determines that the current legal and regulatory regimes restrict beneficial and responsible scientific inquiry while failing to adequately protect participants. The Article concludes by proposing a modified normative and legal framework that embraces and enables a future of responsible public genomics.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"90 1","pages":"325-85"},"PeriodicalIF":0.0,"publicationDate":"2009-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86858326","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}

{"title":"In respect of people living in a permanent vegetative state--and allowing them to die.","authors":"L. Shepherd","doi":"10.2139/SSRN.700245","DOIUrl":"https://doi.org/10.2139/SSRN.700245","url":null,"abstract":"This article considers the controversy surrounding the removal of Terri Schiavo's feeding tube and argues for a new approach in determining treatment decisions for people in a permanent vegetative state. Examination of the duty to respect living people as persons rather than as objects reveals that people in a permanent vegetative state are particularly vulnerable under our current statutory and case law to being kept alive only in service to the interests of others. The article proposes that we replace the current legal presumption in favor of continued life support with a presumption to discontinue it for those in a permanent vegetative state and that judicial or quasi-judicial review be brought to bear on decisions in favor of continued life support, particularly tube feeding.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"66 1","pages":"631-91"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80187109","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}

{"title":"Blinded by bioterrorism: public health and liberty in the 21st century.","authors":"G. Annas","doi":"10.4324/9781315239927-8","DOIUrl":"https://doi.org/10.4324/9781315239927-8","url":null,"abstract":"","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"17 1","pages":"33-70"},"PeriodicalIF":0.0,"publicationDate":"2003-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83274338","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}

{"title":"Crossing the quality chasm: autonomous physician extenders will necessitate a shift to enterprise liability coverage for health care delivery.","authors":"T. Mclean","doi":"10.2139/SSRN.350500","DOIUrl":"https://doi.org/10.2139/SSRN.350500","url":null,"abstract":"The Institute of Medicine (IOM) set off a media feeding frenzy when it published To Err is Human, which reported that health care providers kill almost 100,000 people each year. Fifteen months latter, the IOM offered its solutions in the much less publicized Crossing the Quality Chasm. Specifically, the IOM recommended America jettison its traditional health care system by amending state professional licensing statutes to liberalize the utilization of physician extenders, who will be protected from liability by enterprise liability. Although the IOM's proposals have much appeal to the business world fascinated by the Six Sigma management paradigm, the IOM proposals raises three legal issues. First, medicine is regulated at the state, rather than the federal level. State licensure laws have traditionally limited multidisciplinary medical practice by granting physicians hegemony over physician extenders. However, increased use of physician extenders would be more cost effective. The federal government, which pays for 50% of health care costs, lacks the authority to unify medical licensure and scope of practice acts by fiat; and politically a frontal assault on state authority under the banner of the commerce clause may not be wise. Most probably, the federal government will achieve unification of state licensure laws by providing conditional payment for medical care. Second, physician extenders have been traditionally been held to a lower standard of care than physicians because their limited training. While evidence exist to the contrary, to conclude that the care rendered by the average physician is the same as the care rendered by the average physician extender is naive. There is no a priori reason to believe to believe that if a greater percentage of our health care was provided by physician extenders it would of a better quality. In fact, if more health care is provided by physician extenders the number of adverse medical events would be expected to increase. However, in many states physician extenders are not defined as health care provides; hence physician extenders are not require to obtain professional liability insurance. The cost of providing traditional indemnity insurance coverage to physician extenders could be substantial. Third, the IOM clearly had the issue of physician extender liability in mind when it proposed, long before the current medical malpractice crisis, that the country should move to an enterprise system of liability coverage. Enterprise liability is a slippery concept because of polymorphic definitions. However, if enterprise liability were imposed on the payors of health care service, in a manner analogous to imposing product liability on manufacturers, strong financial incentives to police both physicians and physician extenders would be created. In short, to ensure that the quality of medical care is not diminished by moving toward a greater reliance on physician extenders, it will necessary for the country to shif","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"10 1","pages":"239-95"},"PeriodicalIF":0.0,"publicationDate":"2003-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79627398","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}

{"title":"The Model State Emergency Health Powers Act: public health and civil liberties in a time of terrorism.","authors":"L. Gostin","doi":"10.2139/SSRN.346504","DOIUrl":"https://doi.org/10.2139/SSRN.346504","url":null,"abstract":"The balance between individual interests and common goods needs to be recalibrated in an age of terrorism. Public health agencies should have a robust infrastructure to conduct essential public health services at a level of performance that matches evolving threats to the health. This includes a well-trained workforce, electronic information, surveillance, and laboratory capacity. Public health preparedness also requires a sound legal infrastructure. This article presents and defends the provisions of the Model Emergency Health Powers Act (MSEHPA). The Center for Law and the Public's Health at the request of the U.S. Centers for Disease Control and Prevention (CDC) and in collaboration with governors, legislators, attorneys general, and public health officials wrote the MSEHPA. First, this article explains the provisions of MSEHPA. The MSEHPA has been adopted in whole or part in 20 states and the District of Columbia. Second, this article shows why extant public health laws provide a weak foundation for public health practice. They are obsolete, inconsistent, and inadequate from a public health and civil liberties perspective. State legislation does not facilitate, and may even impede, all of the critical variables for public health preparedness. Finally, the article offers a systematic defense of MSEHPA. The Model Act has galvanized the public debate around the appropriate balance between public goods and individual rights. This defense shows how the Model Act creates strong public health powers, while safeguarding individual freedoms (adopting clearer standards and more rigorous procedures than existing statutes). In a country too tied to rights rhetoric, any law reform initiative that has the appearance of strengthening governmental authority is bound to travel in tumultuous political waters.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"55 1","pages":"3-32"},"PeriodicalIF":0.0,"publicationDate":"2002-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87482628","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}

{"title":"Public health theory and practice in the constitutional design.","authors":"L. Gostin","doi":"10.2139/SSRN.293348","DOIUrl":"https://doi.org/10.2139/SSRN.293348","url":null,"abstract":"This article provides a theory and definition of public health law based on the book, Public Health Law: Power, Duty, Restraint (University of California Press 2000). No inquiry is more important to public health law than understanding the role of government in the constitutional design. If public health law principally addresses government's assurance of the conditions for the population's health, then what activities must government undertake? The question is complex, requiring an assessment of duty (what government must do), authority (what government is empowered, but not obligated, to do), and limits (what government is prohibited from doing). In addition, this query raises a corollary question: Which government is to act? The Supreme Court sees the Constitution in negative, or defensive, terms. This provides a sterile, uninspiring vision of government obligation. While the Court sees few affirmative obligations, it does acknowledge a broad governmental authority to protect the health, safety, and welfare of the population. The emergence of \"new federalism\" in Supreme Court jurisprudence alters the division of power between the federal government and the states. By restricting the scope of national authority, the Rehnquist Court is seriously thwarting public health policy and practice. Often, when the government acts to promote the health of the populace, it limits personal or economic freedoms. As a society, we face a trade-off between the common good and individual interests. The article explains why it is imperative to highly value the collective good of public health.","PeriodicalId":79933,"journal":{"name":"Health matrix","volume":"26 1","pages":"265-326"},"PeriodicalIF":0.0,"publicationDate":"2002-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82763953","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}