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Women, Egg Donation & Ethics : Women’s Rights in Somatic Cell Nuclear Transfer (SCNT) Research 妇女、卵子捐赠与伦理:妇女在体细胞核移植(SCNT)研究中的权利
Journal of health law Pub Date : 2007-09-30 DOI: 10.38046/APJHLE.2007.1.1.006
Kyongjin Ahn
{"title":"Women, Egg Donation & Ethics : Women’s Rights in Somatic Cell Nuclear Transfer (SCNT) Research","authors":"Kyongjin Ahn","doi":"10.38046/APJHLE.2007.1.1.006","DOIUrl":"https://doi.org/10.38046/APJHLE.2007.1.1.006","url":null,"abstract":"Ethicists primarily focus on the moral status of the embryo when dealing with egg donation and ignore other related ethical issues. For example, ethical considerations about egg donations are absent in Woo-Suk Hwang’s case. In this paper, I examine the ethical debates concerning egg donation on SCNT. Exploitation of women is an ever present possibility when dealing with egg donations. This is no less true with egg donations on SCNT research. Therefore, it is imperative that we address, not only the moral status of the embryo, but also the issue of women’s rights. I present here a critique of the scandal surrounding Hwang’s research from a Korean woman’s perspective. Using ethnography, I examine the concept of “voluntariness” as it pertained to Korean women. I will also locate the experience of women involved in the Hwang scandal within the larger discussion of women and their bodies in Korean society through a nexus of a narrative and Korean radical feminist analysis, which calls for an aggressive legal protection of women’s health in its critique of patriarchal society.","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"1 1","pages":"81-100"},"PeriodicalIF":0.0,"publicationDate":"2007-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70080188","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
"No compensation" or "pro compensation": Moore v. Regents and default rules for human tissue donations. “无补偿”或“支持补偿”:摩尔诉董事和人体组织捐赠的默认规则。
Journal of health law Pub Date : 2007-01-01
Russell Korobkin
{"title":"\"No compensation\" or \"pro compensation\": Moore v. Regents and default rules for human tissue donations.","authors":"Russell Korobkin","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The much studied case of Moore v. Regents of the University of California is often considered important in property law for denying property rights in human tissue. This widespread misunderstanding of Moore has not only misplaced the legal emphasis of human tissue donations on property law instead of contract law, but has also hindered the creation of a much-needed default rule governing the issue of compensation for donated tissue. While it is possible that the majority of donors rarely consider compensation as an incentive to donate, without a legally recognized default rule the law remains blurred as to what contractual provisions apply to the exchange between donor and researcher. This Article argues that the solution is a weak default rule of no compensation that may be overridden by evidence that the parties intended otherwise.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 1","pages":"1-27"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26761255","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
Doctors, apologies, and the law: an analysis and critique of apology laws. 医生、道歉与法律:对道歉法的分析与批判。
Journal of health law Pub Date : 2007-01-01
Marlynn Wei
{"title":"Doctors, apologies, and the law: an analysis and critique of apology laws.","authors":"Marlynn Wei","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This Article analyzes and critiques apology laws, their potential use, and effectiveness, both legally and ethically, in light of the strong professional norms that shape physicians' reaction to medical errors. Physicians are largely reluctant to disclose medical errors to patients, patients' families, and even other physicians. Some states have passed so-called apology laws in order to encourage physicians to disclose medical errors to patients. Apology laws allow defendants to exclude statements of sympathy made after accidents from evidence in a liability lawsuit. This Article examines potential barriers to physicians' disclosure of medical mistakes and demonstrates how the underlying problem may actually be rooted in professional norms-norms that will remain outside the scope of law's influence. The Article also considers other legal and policy changes that could help to encourage disclosure.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 1","pages":"107-59"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26761262","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
Sample/recruitment process policy. 样本/招聘流程政策。
Journal of health law Pub Date : 2007-01-01
David A DeSimone, Lisa M Gingerich
{"title":"Sample/recruitment process policy.","authors":"David A DeSimone,&nbsp;Lisa M Gingerich","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 1","pages":"161-6"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26761199","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
Pharma on the hot seat. 制药公司处境艰难。
Journal of health law Pub Date : 2007-01-01
Nicole Huberfeld
{"title":"Pharma on the hot seat.","authors":"Nicole Huberfeld","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The pharmaceutical industry has been receiving greater scrutiny lately due in large part to the many public and private legal enforcement actions taken against pharmaceutical manufacturers. These enforcement actions, along with legal developments such as the OIG Compliance Guidance for Pharmaceutical Manufacturers, the Sarbanes-Oxley Act's statutory guidelines for public corporations, the HIPAA privacy regulations, and the Medicare Modernization Act, have the potential to encourage the pharmaceutical industry to self-regulate beyond the bounds currently required by the law. After a brief overview of enforcement actions and compliance programs directed toward the pharmaceutical industry, this Article reviews a similar situation the hospital industry faced when Medicare promulgated major reimbursement modifications. The Article proposes that the pharmaceutical industry, in the face of such intense scrutiny and uncertainty, should implement more rigorous self-regulation. Without more stringent self-regulation, this intense interest in the pharmaceutical industry may result in a regulatory push that establishes unanticipated and cumbersome measures for the industry.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 2","pages":"241-65"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40958215","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
Seven years until electronic health records: the negative effects of the new Stark exceptions and anti-kickback safe harbors. 七年后电子健康记录:新的斯塔克例外和反回扣安全港的负面影响。
Journal of health law Pub Date : 2007-01-01
Michael Strahan
{"title":"Seven years until electronic health records: the negative effects of the new Stark exceptions and anti-kickback safe harbors.","authors":"Michael Strahan","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Last year's introduction of an exception to the Stark Regulations and a new Anti-Kickback safe harbor allows donors (mainly hospitals) to assist recipients (mainly physicians) with the establishment of electronic health records systems. This Article analyses the new regulations and makes the case that, among other negative effects, they will create an undesirable shift in physician referrals in the short term.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 2","pages":"291-303"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40958219","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
Caracci and the valuation of exempt organizations. Caracci和豁免组织的估值。
Journal of health law Pub Date : 2007-01-01
Allen D Hahn
{"title":"Caracci and the valuation of exempt organizations.","authors":"Allen D Hahn","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In Caracci v. Commissioner, the Internal Revenue Service faced an important test in its application of Excess Benefit Taxes to disqualified persons of a nonprofit corporation that converted to for-profit status. This Article, written by the taxpayers' valuation expert, details the difficulties in the IRS case and demonstrates the reasons for the Fifth Circuit's reversal of the Tax Court's judgment in favor of the IRS. The author concludes with a number of lessons that taxpayers can take from Caracci.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 2","pages":"267-89"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40958217","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
Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions. 超越反回扣法规:新的实体，新的理论在医疗欺诈起诉。
Journal of health law Pub Date : 2007-01-01
James G Sheehan, Jesse A Goldner
{"title":"Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions.","authors":"James G Sheehan,&nbsp;Jesse A Goldner","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The authors analyze existing and developing trends in healthcare fraud litigation. They first review the traditional use of the Medicare-Medicaid Anti-Kickback Statute to prosecute such fraudulent activity. They then consider newer theories that have been employed, or may be employed, in cases involving payors, middlemen, agents, and fiduciaries. These include the use of the Civil False Claims Act, the Federal Travel Act, and the Public Contracts Anti-Kickback (sometimes incorporating violations under state commercial bribery and similar state legislation to form the basis of a federal claim or prosecution). The Article then turns to a discussion and warning of attorneys' potential liability for a client's kickback arrangements. Finally, the Article takes a very brief look at relationships under Medicare Part D that may well prove to be a fertile area of problematic conduct, public and congressional scrutiny, and prosecutions utilizing some of these theories.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"40 2","pages":"167-203"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41032017","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
Owning a piece of the Doc: State law restraints on lay ownership of healthcare enterprises. 拥有医生的一部分:国家法律限制医疗保健企业的非专业人员所有权。
Journal of health law Pub Date : 2006-01-01
Andrew Fichter
{"title":"Owning a piece of the Doc: State law restraints on lay ownership of healthcare enterprises.","authors":"Andrew Fichter","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This Article provides an analytical framework for assessing state regulation regarding lay ownership of healthcare entities. The author suggests there are three categories of state regulation restraining lay ownership, each focused on a particular stakeholder in healthcare transactions: provider, patient, and payor. These regulatory paradigms are analyzed through a discussion of three state approaches (California, Illinois, and Florida), each exemplifying a particular stakeholder schema. The Article then highlights shortcomings of the three schemas, pointing out formal frustrations, application inequities, and doctrinal flaws. The author concludes that any successful state regulation of lay ownership in healthcare should incorporate aspects of all approaches in pursuit of accommodating the needs of all three stakeholders.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"39 1","pages":"1-76"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26077527","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
"No-hire" clauses in healthcare sector contracts: their use and enforceability. 医疗保健行业合同中的“不雇用”条款:其使用和可执行性。
Journal of health law Pub Date : 2006-01-01
W Eugene Basanta
{"title":"\"No-hire\" clauses in healthcare sector contracts: their use and enforceability.","authors":"W Eugene Basanta","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In today's healthcare industry, many hospitals utilize outside agencies for both business and clinical functions. This Article acknowledges the prevalence of outsourcing contract labor in the healthcare arena and focuses on the restrictive provisions included in these employment contracts, particularly \"no-hire\" clauses. No-hire clauses are often included in contracts between healthcare providers and professional groups that provide clinical service employees to the provider, such as a medical practice group providing physicians to a hospital or an agency providing nurses to a nursing home. These clauses usually provide that the healthcare provider may not directly hire an employee provided by the professional group, nor may it contract with another professional group that later hires the employee. The purpose of a no-hire clause is two-fold: to protect the professional group's investment of time and moneyfor recruiting, training, and establishing the employee's clinical practice, and to give the professional group leverage to retain its employees. While noncompete clauses in employment contracts have traditionally been the subject of litigation, no-hire clauses raise distinct legal issues. Case law provides conflicting views as to the enforceability of these provisions. Some courts find no-hire clauses to be per se illegal restrictions on trade, while others will permit them when they are reasonable within a specific context. The author proposes that a multifactor test be applied on a case-by-case basis to determine the reasonableness of the no-hire provision in a given employment contract and suggests drafting improvements to facilitate enforcement.</p>","PeriodicalId":80027,"journal":{"name":"Journal of health law","volume":"39 4","pages":"451-95"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26639198","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
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