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Towards a Framework Convention on Global Health: a transformative agenda for global health justice.
Authors: Gostin LO, Friedman EA Abstract Global health inequities cause nearly 20 million deaths annually, mostly among the world's poor. Yet international law currently does little to reduce the massive inequalities that underlie these deaths. This Article offers the first systematic account of the goals and justifications, normative foundations, and potential construction of a proposed new global health treaty, a Framework Convention on Global Health (FCGH), grounded in the human right to health. Already endorsed by the United Nations Secretary-General, the FCGH would reimagine global governance for heal...
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 origins of American health libertarianism.
This article shows that, at its origin, the American commitment to freedom of therapeutic choice was based on notions of not only bodily freedom, but also economic freedom, freedom of conscience, and freedom of injury. Finally, this Article considers ways in which this early history helps illuminate the nature of current struggles for freedom of therapeutic choice. PMID: 23815041 [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

Innovation incentives or corrupt conflicts of interest? Moving beyond Jekyll and Hyde in regulating biomedical academic-industry relationships.
Authors: Taylor PL Abstract The most contentious, unresolved issue in biomedicine in the last twenty-five years has been how to best address compensated partnerships between academic researchers and the pharmaceutical industry. Law and policy deliberately promote these partnerships through intellectual property law, research funding programs, and drug and device approval pathways while simultaneously condemning them through conflict-of-interest (COI) regulations. These regulations have not been subjected to the close scrutiny that is typically utilized in administrative law to evaluate and improve regulato...
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

Are independent pharmacies in need of special care? An argument against an antitrust exemption for collective negotiations of pharmacists.
Authors: Rosenthal DB PMID: 23815043 [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 Affordable Care Act and the Medicare program: the engines of true health reform.
Authors: Kinney ED Abstract The Patient Protection and Affordable Care Act and its amendments by the Health Care and Education Reconciliation Act of 2010 constitute landmark legislation known as the Affordable Care Act (ACA). The ACA has made many changes in the Medicare program as part of comprehensive health reform for the U.S. health care sector. Title III of the ACA pertains to improving the efficiency and quality of health care. Title VI calls for greater program integrity for all federally funded health insurance programs. Collectively, the changes in Medicare in these two titles address the three ma...
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

No sisyphean task: how the FDA can regulate electronic cigarettes.
Authors: Paradise J Abstract The adverse effects of smoking have fostered a natural market for smoking cessation and smoking reduction products. Smokers attempting to quit or reduce consumption have tried everything: "low" or "light" cigarettes; nicotine-infused chewing gum, lozenges, and lollipops; dermal patches; and even hypnosis. The latest craze in the quest to find a safer source of nicotine is the electronic cigarette. Electronic cigarettes (e-cigarettes) have swept the market, reaching a rapidly expanding international consumer base. Boasting nicotine delivery and the tactile feel of a traditional ...
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

EPCRA: a retrospective on the environmental Right-to-Know Act.
Authors: Purifoy DM Abstract October 2011 marked the 25th Anniversary of the Emergency Planning and Community Right-to-Know Act (EPCRA), which was celebrated for its "significant role in protecting human health and the environment over the last quarter century by providing communities and emergency planners with valuable information on toxic chemical releases in their area." This Note aims to evaluate the effectiveness of three important provisions of the statute-the Toxics Release Inventory, the emergency planning mandate, and the citizen suit provision-through a case study of their implementation in Inst...
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

Making the case for a model mental health advance directive statute.
Authors: Clausen JA Abstract Acute episodes of mental illness temporarily destroy the capacity required to give informed consent and often prevent people from realizing they are sick, causing them to refuse intervention. Once a person refuses treatment, the only way to obtain care is as an involuntary patient. Even in the midst of acute episodes, many people do not meet commitment criteria because they are not likely to injure themselves or others and are still able to care for their basic needs. Left untreated, the episode will likely spiral out of control. By the time the person finally meets strict comm...
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

Refereeing the public health.
Authors: Harvey HH Abstract Between January 2009 and October 2013, 49 states and the District of Columbia passed laws focusing on mitigating the consequences of traumatic brain injuries (TBIs) in organized youth sports. Using historical, contextual, and empirical methods, this Article describes the content, goals, and structure of youth sports TBI laws, while hypothesizing about their underlying legislative logic and long-term public health consequences. The Article's empirical evidence suggests two key findings: first, that a dominant interest group, the National Football League, helped to define the prob...
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

Human research subjects as human research workers.
Authors: Lynch HF Abstract Biomedical research involving human subjects has traditionally been treated as a unique endeavor, presenting special risks and demanding special protections. But in several ways, the regulatory scheme governing human subjects research is counter-intuitively less protective than the labor and employment laws applicable to many workers. This Article relies on analogical and legal reasoning to demonstrate that this should not be the case; in a number of ways, human research subjects ought to be fundamentally recast as human research workers. Like other workers protected under workla...
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

Criminal law and HIV testing: empirical analysis of how at-risk individuals respond to the law.
This study quantitatively examines whether at-risk individuals living in jurisdictions with HIV-specific statutes are less likely to report having been tested for HIV in the past year compared to those living in jurisdictions without HIV-specific statutes. Regression analysis is conducted using data collected in the United States over a seven-year span. The results show that at-risk individuals residing in states with HIV-specific statutes are no less likely to report having been tested for HIV than those who live in other states. However, the number of people who reported that they had been tested for HIV is inversely cor...
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

Scaling cost-sharing to wages: how employers can reduce health spending and provide greater economic security.
Authors: Robertson CT Abstract In the employer-sponsored insurance market that covers most Americans; many workers are "underinsured." The evidence shows onerous out-of-pocket payments causing them to forgo needed care, miss work, and fall into bankruptcies and foreclosures. Nonetheless, many higher-paid workers are "overinsured": the evidence shows that in this domain, surplus insurance stimulates spending and price inflation without improving health. Employers can solve these problems together by scaling cost-sharing to wages. This reform would make insurance better protect against risk and guarantee acc...
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

Principles over principals? How innovation affects the agency relationship in medical and legal practice.
Authors: Polaris JJ Abstract This Note outlines a conceptual framework for defining and analyzing innovation in the professional practice of medicine and law. The two professions have structural and historical similarities, and both are organized around the principal-agent relationship. Some types of professional activity adhere to the traditional agency model of principal-centered practice, but innovative professionals who develop novel tools and techniques often deviate from the agency model in interesting ways. This Note explores how that distinction plays out by identifying examples from academic medic...
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 young, the old, and the economists: rethinking how agencies account for age in cost-benefit analysis.
Authors: Herz-Roiphe D Abstract Federal agencies count all fatalities prevented by regulation as having the same value for the purposes of cost-benefit analysis, making no adjustment for the age of the person saved. This uniform valuation is guided by empirical studies that find that the young are not willing to pay more than the elderly for small risk reductions in private markets. This Note argues for a different approach. It proposes that agencies take account of a previously ignored body of "public choice" research that finds that most individuals think government should adopt lifesaving programs that ...
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

Scaling cost-sharing to wages: how employers can reduce health spending and provide greater economic security.
Authors: Robertson CT Abstract In the employer-sponsored insurance market that covers most Americans; many workers are "underinsured." The evidence shows onerous out-of-pocket payments causing them to forgo needed care, miss work, and fall into bankruptcies and foreclosures. Nonetheless, many higher-paid workers are "overinsured": the evidence shows that in this domain, surplus insurance stimulates spending and price inflation without improving health. Employers can solve these problems together by scaling cost-sharing to wages. This reform would make insurance better protect against risk and guarantee acc...
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