HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

A Member of the Law Professor Blogs Network

Monday, April 3, 2006

Final US News Rankings Available

US News and World Report has the latest rankings now available on its website here.

April 3, 2006 | Permalink | Comments (0) | TrackBack (0)

Plan B Article

William Saletan has an article in Slate.com concerning Plan B.  The article is entitled, The Birds and the B's:  Are Morning After Pills Abortion or Contraception?"  He writes,

If you thought it was hard figuring out your views on abortion and birth control, get ready to wrap your mind around something in between.

Emergency contraception, also known as the "morning-after pill" and marketed in this country as "Plan B," is a drug that a woman can take after sex but before an embryo attaches to her womb. If you don't know much about this murky week in the reproductive process, it's time to learn. Lawmakers in many states are deciding right now whether EC will be easy or hard to get. Some say it causes abortions. Some say it only prevents them. And the dirty little secret is, nobody really knows.

He makes some good points about the importance of how Plan B is understood by consumers and others interested in the abortion debate.  [bm]

April 3, 2006 | Permalink | Comments (0) | TrackBack (0)

Midwife Prosecuted for Infant's Death

Many of us teach some midwife cases in our Health Law courses, in connection with licensing or liability or some other subset of quality issues.  An article in today's NY Times may therefore be of interest.  It concerns the prosecution of a midwife in Indiana for lay midwifery, a felony punishable by up to 8 years in prison. [tm]

April 3, 2006 | Permalink | Comments (0) | TrackBack (0)

Sunday, April 2, 2006

Latest from the Law Reviews

  • Griffith, John R. Note. A public health and safety exception: finding a "position of trust" where none exists. (United States v. Snook, 366 F.3d 439, 7th Cir. 2004.) 13 Mo. Envtl. L. & Pol'y Rev. 54-66 (2005). [L][W]
  • Nation, George A. III. Obscene contracts: the doctrine of unconscionability and hospital billing of the uninsured. 94 Ky. L.J. 101-137 (2005-2006). [L][W]
  • 66 LOUISIANA LAW REVIEW, SPECIAL ISSUE, DECEMBER, 2005: Symposium: Proceedings of "The Genomics Revolution? Science, Law and Policy". 66 La. L. Rev. 1-143 (2005).
    • Malinowski, Michael J., Bartha Maria Knoppers and Claude Bouchard. Introduction. 66 La. L. Rev. 1-7 (2005).
    • McGinnis, J. Michael, M.D. Population health and the influence of medical and scientific advances. 66 La. L. Rev. 9-20 (2005).
    • Knoppers, Bartha Maria. Overview of law and policy challenges. 66 La. L. Rev. 21-31 (2005).
    • Yoon, Paula W. Risk prediction for common diseases. 66 La. L. Rev. 33-41 (2005).
    • Malinowski, Michael J. Taking genomics to the biobank: access to human biological samples and medical information. 66 La. L. Rev. 43-67 (2005).
    • Wells, Robert. Intellectual property/ownership issues. 66 La. L. Rev. 69-77 (2005).
    • Greely, Henry T. Population participation and other factors that impact the compilation and the utility of resulting databases. 66 La. L. Rev. 79-90 (2005).
    • Woodcock, Janet, M.D. FDA policy on pharmacognenomic data in drug development. 66 La. L. Rev. 91-102 (2005).
    • Moe, Jeffrey L. Commercialization considerations for individualized diagnostic and drug therapies resulting from pharmacogenomics. 66 La. L. Rev. 103-116 (2005).
    • Rothstein, Mark A. Liability issues in pharmacogenomics. 66 La. L. Rev. 117-124 (2005).
    • Clayton, Ellen Wright, M.D. Implications for existing law/regulations. 66 La. L. Rev. 125-129 (2005).
    • Ossorio, Pilar N. Race, genetic variation, and the Haplotype Mapping Project. 66 La. L. Rev. 131-143 (2005).

Lexis [L] and WestLaw [W] links are courtesy of the Marion Gould Gallagher Law Library at the University of Washington.  [tm]

April 2, 2006 | Permalink | Comments (0) | TrackBack (0)

Saturday, April 1, 2006

AHLA's Health Lawyers Weekly

Here's the table of contents for this week's Health Lawyers Weekly from the AHLA, a great member benefit that pulls together a lot good information from disparate sources:

  • Top Stories
    • OIG Finds $1.1 Billion In Improper Payments For Medicare Consultations 
      Medicare paid approximately $1.1 billion more than it should have in 2001 for services billed as consultations, the Department of Health and Human Services Office of Inspector General (OIG) said in a new report, “Consultations In Medicare: Coding And Reimbursement” OEI-09-02-00030.
      At least 75% of services billed as consultations and paid by Medicare during 2001 did not meet program requirements, OIG said.
    • OIG Says DME Manufacturer’s Proposed Programs With Physicians Raise Significant Anti-Kickback Concerns 
      A durable medical equipment (DME) manufacturer’s proposal to offer physician practices two programs that would involve furnishing DME and orthotics to their patients poses a significant risk of fraud and abuse and could trigger administration sanctions under the Anti-Kickback Statute, the Department of Health and Human Services Office of Inspector General (OIG) said in Advisory Opinion No. 06-02 posted March 28.
  • Articles & Analyses
    • New International Health Regulations Will Affect Global Companies And Governments
      By Linda Horton and Eleftheria Nearchou, Hogan & Hartson LLP
    • Feds Remain Aggressive in Enforcement—Don't Be Their Next Target
      By Sara Kay Wheeler and Ken Schwartz, Powell Goldstein LLP
  • Current Topics
    • Antitrust
      • FTC Issues Final Consent Order For Texas IPA Charged With Price Fixing 
      • FTC Proposes To Study Competitive Impact Of Authorized Generics 
      • Multi-State Settlement Reached With GlaxoSmithKline Regarding Anticompetitive Conduct In Distribution Of Paxil To State Purchasers 
      • FTC Staff Concludes That Hospitals’ Plan For Collective Bargaining With Insurers Over Physicians’ Fees Likely Would Violate Federal Antitrust Laws 
    • EMTALA
      • U.S. Court In Florida Refuses To Allow EMTALA Claim Against Hospital After Subsequent Criminal Act Of Plaintiff When Hospital Provided Appropriate Care 
        Food and Drug Law
      • D.C. Circuit Finds FDA Patent Decision Arbitrary And Capricious 
    • Fraud and Abuse
      • OIG Says Sanctions Possible For Home Health Agency Proposing Free Home Safety Assessments 
      • U.S. Court In Kansas Declines To Dismiss Whistleblower’s Retaliatory Discharge Claim Against Employer 
      • Update 
    • Healthcare Spending
      • House Budget Panel Passes FY 2007 Budget Resolution 
    • Hospitals and Health Systems
      • Florida Appeals Court Holds Hospital No Longer Subject To Public Records Law After Sale To Private Entity 
      • Florida Appeals Court Finds Genuine Issue Regarding Apparent Agency Of Independent Contractor Anesthesiologists 
      • Senators Question DHHS Further On Enforcement Of Specialty Hospital Moratorium 
      • Federal Circuit Upholds Removal Of Nurse For Patient Abuse 
      • Study Says Baby Boomers Will Not Be Primary Driver Of Spike In Hospital Demand 
    • Medicaid
      • OIG, CMS Officials Discuss Focus On Curbing Medicaid Fraud Before Senate Panel 
    • Medicare
      • Report Finds Most Medicare Drug Plans Restrict Access To Some Formulary Drugs 
      • U.S. Court In Maryland Upholds Finding Of Overpayment For Wheelchairs 
      • CMS Agrees To Extend Transition Period For Certain Pennsylvania Dual Eligibles 
      • GAO Concludes CMS Methodology Adequate For Estimating Medicare Payment Errors 
      • CMS Issues Final 2007 Formulary Guidance 
    • News in Brief
      • OIG Releases 2005 Red Book 
      • JCAHO Launches New Website 

© American Health Lawyers Association.  Reprinted by permission.

[tm]

April 1, 2006 | Permalink | Comments (0) | TrackBack (0)