- Seema Mohapatra, Using Egg Freezing for Non-Medical Reasons: Fertility Insurance or False Hope? – Legal, Ethical, and Policy Considerations, SSRN
- Alyna Chien & Meredith B. Rosenthal, Medicare’s Physician Value-Based Payment Modifier — Will the Tectonic Shift Create Waves? N Engl J Med
- Cathy Schoen et al, Access, Affordability, And Insurance Complexity Are Often Worse In The United States Compared To Ten Other Countries, Commonwealth Fund/Health Affairs
- Jan Walker et al, The Road toward Fully Transparent Medical Records, N Engl J Med
The political ripples from the poorly managed exchange roll-out likely will endure through at least one election cycle. Maybe, late night comedians will run out of material sooner. While criticism and inquiry are appropriate given the foreseeable nature of the problem (some months ago at SEALS even I was moved to highlight the OIG’s predictions that there would be little time for testing the data hub) mostly we will witness technical flaws being fashioned into a cudgel with which to beat the Affordable Care Act and its champion-in-chief.
As Ezra Klein has noted, “the politics here will be driven by the reality. If the policy continues to fail, then there’s nothing the White House can do to keep from being dragged down. Conversely, if the Web site is fixed come mid-December, and the policy begins working pretty well, then there’s no amount of Republican messaging that can make it a failure.”
Sitting here in mid-to-late November, it may be appropriate (or at least refreshing) to seek out some broader lessons that we may take away from this mess. In an illuminating post at the Commonwealth Fund blog David Blumenthal contrasted his experiences inside and outside of government and concluded that the federal government needed to reform its IT procurement system. Extrapolating even further from the current disaster Clay Shirky uses healthcare.gov to pose some fundamental questions about how managers communicate with technologists and how politicians approach Internet interaction with citizens. His “litmus test” for “whether out political class grasps the internet”? “Can anyone with authority over a new project articulate the tradeoff between features, quality, and time?” Those managing healthcare.gov failed that test.
- Alyna Chien and Meredith Rosenthal, Medicare’s Physician Value-Based Payment Modifier — Will the Tectonic Shift Create Waves? N Engl J Med
- Brendan Maher, The Affordable Care Act, Remedy, and Litigation Reform, SSRN/American University L.Rev.
- Thad Pope, Making Medical Decisions for Patients without Surrogates, N Engl J Med
- World Medical Association Declaration of Helsinki, Ethical Principles for Medical Research Involving Human Subjects, 7th Rev. 2013, JAMA
- Thomas Gallagher et al, Talking with Patients about Other Clinicians’ Errors, N Engl J Med
- Arti Rai, Biomedical Patents at the Supreme Court: A Path Forward, SSRN/Stan. L.Rev. Online
- Allison Hoffman, An Optimist’s Take on the Decline of Small-Employer Health Insurance, SSRN/Iowa L.Rev.
- Jessica Mantel, The Myth of the Independent Physician: Implications for Health Law, Policy, and Ethics, SSRN/Case Western Reserve L. Rev.
- Cynthia Ward, Mental Illness and Danger to Self, SSRN
- Nicole Huberfeld, With Liberty and Access for Some: The ACA’s Disconnect for Women’s Health, SSRN/Fordham ULJ
- Robert Huckman & Mark Kelley, Public Reporting, Consumerism, and Patient Empowerment, NEJM
- Joanna Shepherd, Selective Contracting in Prescription Drugs: The Benefits of Pharmacy Networks, Minn J L Sci & Tech
October 4, 2013
Hall Center for Law and Health
Will Neuroscience Redefine Mental Injury?
Legal systems have traditionally treated physical and mental injuries differently. Advances in neuroscience provide insights that challenge this dichotomy. This multidisciplinary half-day conference will examine some of the evolving technologies used to demonstrate mental injury and explore the potential impact of this neuroscientific data in legal decision making.
- Thomas W. McAllister, Albert E. Sterne Professor and Chair, Department of Psychiatry, Indiana University School of Medicine
- Tracy D. Gunter, Associate Professor Clinical Psychiatry Indiana University School of Medicine and Adjunct Professor Law, IU McKinney School of Law
- Stacey A. Tovino, Lincy Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas
- Betsy J. Grey, Professor of Law and Alan A. Matheson Fellow, and Faculty Fellow in the Center for Law, Science, and Innovation, Arizona State University, Sandra Day O’Connor College of Law, Tempe, Arizona
- William Winingham, Partner, Wilson Kehoe Winingham, LLC
- Ross D. Silverman, Professor of Health Policy and Management, IU Fairbanks School of Public Health
- Jennifer A. Drobac, Professor of Law, IU McKinney School of Law
More information here.
- Jacob Sherkow & Hank Greely,The Future of Gene Patents and the Implications for Medicine, JAMA Intern Med.
- Mark Rothstein, Tarasoff Duties after Newtown, SSRN/JLME
- Frank Wharam, Dennis Ross-Degnan, & Meredith Rosenthal, The ACA and High-Deductible Insurance — Strategies for Sharpening a Blunt Instrument, NEJM
- Thomas Buchmueller, Colleen Carey & Helen Levy, Will Employers Drop Health Insurance Coverage Because Of The Affordable Care Act? Health Affairs
- Lisa Heinzerling, The FDA’s Plan B Fiasco: Lessons for Administrative Law, SSRN/Georgetown LJ
- Katherine Neuhausen, Michael Spivey, & Arthur Kellermann, State Politics and the Fate of the Safety Net, NEJM
- Christopher Robertson, When Truth Cannot Be Presumed: The Regulation of Drug Promotion Under an Expanding First Amendment, SSRN/BU L.Rev.
- Henry Aaron & Kevin W. Lucia, Only the Beginning — What’s Next at the Health Insurance Exchanges?NEJM
- W. Nicholson Price II, Making Do in Making Drugs: Innovation Policy and Pharmaceutical Manufacturing, SSRN/BC L.Rev.
- Chris Feudtner et al, Risks (and Benefits) in Comparative Effectiveness Research Trials, NEJM
- Michael McCue, Mark Hall and Xinliang Liu, Impact Of Medical Loss Regulation On The Financial Performance Of Health Insurers, Health Affairs
- Joseph Newhouse & Alan Garber, Geographic Variation in Health Care Spending in the United States, Insights From an Institute of Medicine Report, JAMA
- Michael Lauer & Ralph D’Agostino,The Randomized Registry Trial — The Next Disruptive Technology in Clinical Research? NEJM
- John Golden & William Sage, Are Human Genes Patentable? The Supreme Court Says Yes And No, Health Affairs
- Susannah Rose, Patient Advocacy Organizations: Institutional Conflicts of Interest, Trust, and Trustworthiness, JLME
- Ryan Abbott, Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety, SSRN/Iowa L.Rev.
I have posted Big Data Proxies and Health Privacy Exceptionalism. The 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 some of the claims for big data in the health care space, taking the position that while increased data liquidity and big data processing may be good for health care they are less likely to benefit health privacy.
- Katherine Baicker & Helen Levy, Coordination versus Competition in Health Care Reform, NEJM
- Vickie Williams, Life-Sciences Dual Use Research of Concern, Public Health, and the Doctrine of Unconstitutional Conditions, SSRN/St. Louis U. J. Health L. & Policy
- Jean Eggen, Medical Malpractice Screening Panels: An Update and Assessment, SSRN/J Health & Life Sciences Law
- Myungho Paik, Bernarn Black, & David Hyman, The Receding Tide of Medical Malpractice Litigation Part 1: National Trends, SSRN/J Empirical Legal Studies
- Frank Pasquale & Tara Adams Ragone, The Future of HIPAA in the Cloud, SSRN
- Linda Fentiman, Sex, Science, and the Age of Anxiety, SSRN/Nebraska L.Rev.
- Kate Greenwood, ‘Litigant Regulation’ of Physician Conflicts of Interest, SSRN/Ga. St. L.Rev.
- Dayna Matthew, Reining in the Rogue Squadron: Making Sense of the ‘Original Source’ Exception for Qui Tam Relators, SSRN/Washington and Lee L.Rev.
- Elizabeth Sepper, Doctoring Discrimination in the Same-Sex Marriage Debates, SSRN/Ind. LJ
- Wendy Mariner, Did Legal Education Fail Health Reform? And How Health Law Can Help, Ind. H L Rev.
- Nathan Cortez, The Mobile Health Revolution? SSRN
- Stacey Tovino, Gone Too Far: Federal Regulation of Health Care Attorneys, SSRN/Oregon L.Rev.
- J. Oberlander and M. Morrison, Failure to Launch? The Independent Payment Advisory Board’s Uncertain Prospects, NEJM
- David Orentlicher, The FDA’s Graphic Tobacco Warnings and the First Amendment, NEJM
- Gabriel H. Teninbaum, Reforming the National Practitioner Data Bank to Promote Fair Med-Mal Outcomes, SSRN
- Lewis Grossman, FDA and the Rise of the Empowered Consumer, SSRN
- M.B. Rosenthal and M.M. Mello, Sunlight as Disinfectant — New Rules on Disclosure of Industry Payments to Physicians, NEJM
- Brietta Clark, A Moral Mandate & the Meaning of Choice: Conceiving the Affordable Care Act after NFIB, SSRN/SLU JHLP
- Jennifer Arlen, Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, SSRN/2011 Empirical Studies Of Judicial Systems
- David Magnus & Art Caplan, Risk, Consent, and SUPPORT, NEJM
- Victor Fuchs, The Gross Domestic Product and Health Care Spending, NEJM
- Elizabeth Bennion, A Right to Remain Psychotic? A New Standard for Involuntary Treatment in Light of Current Science, SSRN/Loy LA L.Rev.
- Samantak Ghosh, The Taking of Human Biological Products, SSRN/Calif L. Rev
- Mark Rothstein & Abigail Shoben, Does Consent Bias Research? SSRN/Am.J.Bioethics
- David Hyman, Why Did Law Professors Misunderestimate the Lawsuits against PPACA? SSRN/U. Ill. L. Rev.
- Aaron S. Kesselheim, et al, Distributions of Industry Payments to Massachusetts Physicians, NEJM
- Stephanie Morain & Michelle Mello, Survey Finds Public Support For Legal Interventions Directed At Health Behavior To Fight Noncommunicable Disease, Health Affairs
- J.D. Boudreau, M.A. Somerville, & N. Biller-Andorno, Physician-Assisted Suicide, NEJM
- Thomas Frieden, Government’s Role in Protecting Health and Safety, NEJM
- Susan Dentzer, The ‘Triple Aim’ Goes Global, And Not A Minute Too Soon, Health Affairs
- Dan Burk, Edifying Thoughts of a Patent Watcher: The Nature of DNA, SSRN/UCLA Law Review Discourse
- Wendy Mariner, The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs, SSRN/Duquesne L.Rev.
- Benjamin Eidelson, Kidney Allocation and the Limits of the Age Discrimination Act, SSRN/Yale LJ
- Wendy Mariner & George Annas, Limiting “Sugary Drinks” to Reduce Obesity — Who Decides? NEJM