Yale journal of health policy, law, and ethics 
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This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.Reimagining the Risk of Long-Term Care.
Authors: Hoffman AK
Abstract
U.S. law and policy on long-term care fail to address the insecurity
American families face due to prolonged illness and disability-a problem that
grows more serious as the population ages and rates of disability rise. This
Article argues that, even worse, we have focused on only part of the problem. It
illuminates two ways that prolonged disability or illness can create insecurity.
The first arises from the risk of becoming disabled or sick and needing long-term
care, which could be called "care-recipient" risk. The second arises out of the
risk of becoming responsible for som...
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Rehabilitation, Education, and the Integration of Individuals with Severe Brain Injury into Civil Society: Towards an Expanded Rights Agenda in Response to New Insights from Translational Neuroethics and Neuroscience.
Authors: Wright MS, Fins JJ
Abstract
Many minimally conscious patients are segregated in nursing
homes, and are without access to rehabilitative technologies that could
help them reintegrate into their communities. In this Article, we argue that
persons in a minimally conscious state or who have the potential to
progress to such a state must be provided rehabilitative services instead of
being isolated in custodial care. The right to rehabilitative technologies
for the injured brain stems by analogy to the expectation of free public
education for children and adolescents, and also by statute under the
Amer...
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
An Evidence-Based Objection to Retributive Justice.
Authors: Mammarella BTM
Abstract
Advancements in neuroscience and related fields are beginning to show,
with increasing clarity, that certain human behaviors stem from uncontrolled,
mechanistic causes. These discoveries beg the question: If a given behavior
results from some combination of biological predispositions, neurological
circumstances, and environmental influences, is that action unwilled and
therefore absolved of all attributions of credit, blame, and responsibility? A
number of scholars in law and neuroscience who answer "yes" have considered
how the absence of free will should impact criminal l...
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
A Breakthrough with the TPP: The Tobacco Carveout.
Authors: Puig S, Shaffer G
PMID: 29756754 [PubMed - indexed for MEDLINE] (Source: Yale journal of health policy, law, and ethics)
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Revisiting Incentive-Based Contracts.
Authors: Netter Epstein W
Abstract
Incentive-based pay is rational, intuitive, and popular. Agency theory tells us
that a principal seeking to align its incentives with an agent's should be able to
simply pay the agent to achieve the principal's desired results. Indeed, this
strategy has long been used across diverse industries-from executive
compensation to education, professional sports to public service-but with mixed
results. Now a new convert to incentive compensation has appeared on the scene:
the United States' behemoth health-care industry. In many ways, the incentive
mismatch story is the same. In...
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Regulatory Disruption and Arbitrage in Health-Care Data Protection.
In conclusion, the article takes the position that healthcare-
data exceptionalism remains a valid imperative and that even current
concerns about data liquidity can be accommodated in an exceptional protective
model. However, re-calibrating our protection of health-care data residing
outside of the traditional health-care domain is challenging, currently even
politically impossible. Notwithstanding, a hybrid model is envisioned with
downstream HIPAA model remaining the dominant force within the health-care
domain, but being supplemented by targeted upstream and point-of-use
protections applying to health-care data in disr...
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Suffrage for People with Intellectual Disabilities and Mental Illness: Observations on a Civic Controversy.
Authors: Kopel C
Abstract
Most electoral democracies, including forty-three states in the United States,
deny people the right to vote on the basis of intellectual disability or mental
illness. Scholars in several fields have addressed these disenfranchisements,
including legal scholars who analyze their validity under U.S. constitutional law
and international-human-rights law, philosophers and political scientists who
analyze their validity under democratic theory, and mental-health researchers
who analyze their relationship to scientific categories. This Note reviews the
current state of the debate acros...
Source: Yale journal of health policy, law, and ethics - June 2, 2018 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Paying Research Participants: Regulatory Uncertainty, Conceptual Confusion, and a Path Forward.
This article systematically examines the legal and ethical dimensions of offering payment to research participants. It argues that many concerns about offers of payment to research participants can be attributed to the misguided view that such offers ought to be treated differently than offers of payment in other contexts, a form of "research exceptionalism." We show that rejection of research exceptionalism with respect to payment helps settle open debates about both how best to define coercion and undue influence, and how to understand the relation between these concepts and offers of payment. We argue for adoption of ou...
Source: Yale journal of health policy, law, and ethics - December 20, 2017 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
The Fitbit Fault Line: Two Proposals to Protect Health and Fitness Data at Work.
Authors: Brown EA
Abstract
Employers are collecting and using their employees' health data, mined from wearable fitness devices and health apps, in new, profitable, and barely regulated ways. The importance of protecting employee health and fitness data will grow exponentially in the future. This is the moment for a robust discussion of how law can better protect employees from the potential misuse of their health data. While scholars have just begun to examine the problem of health data privacy, this Article contributes to the academic literature in three important ways. First, it analyzes the convergence...
Source: Yale journal of health policy, law, and ethics - July 3, 2016 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Health and Taxes: Hospitals, Community Health and the IRS.
Authors: Crossley M
Abstract
The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption. The CHNA requirement has the potential both to prompt a radical change in hospitals' relationship to their communities an...
Source: Yale journal of health policy, law, and ethics - July 3, 2016 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
The Antidotes to the Double Standard: Protecting the Healthcare Rights of Mentally Ill Inmates by Blurring the Line Between Estelle and Youngberg.
Authors: Goldberg RC
Abstract
This Note is an examination of mentally ill inmates' constitutional right to treatment. It has significant doctrinal and practical implications. In terms of doctrine, the Supreme Court has created distinct standards for the minimum levels of care for inmates (Estelle) and the civilly committed mentally ill (Youngberg). Under this framework mentally ill inmates are constitutionally equivalent to inmates generally, but are entitled to less care than the civilly committed even if they suffer the same illness. This Note explores this gap through the lens of equal protection and ar...
Source: Yale journal of health policy, law, and ethics - July 3, 2016 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
The healing wisdom of Jay Katz.
Authors: Koh HH
PMID: 17133972 [PubMed - indexed for MEDLINE] (Source: Yale journal of health policy, law, and ethics)
Source: Yale journal of health policy, law, and ethics - November 18, 2015 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
The uses of psychoanalysis in law: the force of Jay Katz's example.
Authors: Burt RA
PMID: 17133973 [PubMed - indexed for MEDLINE] (Source: Yale journal of health policy, law, and ethics)
Source: Yale journal of health policy, law, and ethics - November 18, 2015 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
Experimentation with human beings: light or only shadows?
Authors: Capron AM
PMID: 17133974 [PubMed - indexed for MEDLINE] (Source: Yale journal of health policy, law, and ethics)
Source: Yale journal of health policy, law, and ethics - November 18, 2015 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
The web of relations: thinking about physicians and patients.
Authors: Clayton EW
PMID: 17133975 [PubMed - indexed for MEDLINE] (Source: Yale journal of health policy, law, and ethics)
Source: Yale journal of health policy, law, and ethics - November 18, 2015 Category: Medical Law Tags: Yale J Health Policy Law Ethics Source Type: research
