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Yale Journal of Health Policy, Law, and Ethics

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https://www.readbyqxmd.com/read/27363259/the-antidotes-to-the-double-standard-protecting-the-healthcare-rights-of-mentally-ill-inmates-by-blurring-the-line-between-estelle-and-youngberg
#1
Rose Carmen Goldberg
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 argues that mentally ill inmates are similarly situated to the civilly committed...
2016: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/27363258/health-and-taxes-hospitals-community-health-and-the-irs
#2
Mary Crossley
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 and to enlist hospitals as meaningful contributors to community health improvement initiatives...
2016: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/27363257/the-fitbit-fault-line-two-proposals-to-protect-health-and-fitness-data-at-work
#3
Elizabeth A Brown
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...
2016: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/26333237/in-the-nick-of-time-using-the-reasonable-promptness-provision-to-challenge-medicaid-spending-cutbacks
#4
Jeffrey Chen
Because agency enforcement of the Medicaid statute against non-compliant states is utterly impractical, Medicaid providers and beneficiaries have relied on section 1983 litigation to protect themselves against the harmful effects of state cutbacks on Medicaid spending by privately enforcing two particular provisions of the Medicaid statute against the states. However, because of several legislative and judicial decisions, private litigants can no longer use these provisions to challenge low Medicaid reimbursement rates...
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/26333236/hatch-waxman-turns-30-do-we-need-a-re-designed-approach-for-the-modern-era
#5
Aaron S Kesselheim, Jonathan J Darrow
In 1984, Congress passed the Hatch-Waxman Act, which catalyzed the creation of the modem generic drug industry. Generic drugs today account for eighty-four percent of all prescriptions dispensed, but less than twenty percent of drug costs. Despite this success, numerous problems in the generic drug market have emerged. Some involve the deliberate manipulation of the Hatch-Waxman system, while others have arisen more unexpectedly, such as the Supreme Court's 2011 decision in Pliva v. Mensing that could undermine consumer confidence in generic drugs...
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/26333235/responding-to-public-health-emergencies-on-tribal-lands-jurisdictional-challenges-and-practical-solutions
#6
Justin B Barnard
Response to public health emergencies on tribal lands poses a unique challenge for state and tribal public health officials. The complexity and intensely situation-specific nature of federal Indian jurisprudence leaves considerable question as to which government entity, state or tribal, has jurisdiction on tribal lands to undertake basic emergency measures such as closure of public spaces, quarantine, compulsory medical examination, and investigation. That jurisdictional uncertainty, coupled with cultural differences and an often troubled history of tribal-state relations, threatens to significantly impede response to infectious disease outbreaks or other public health emergencies on tribal lands...
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876384/health-affairs-blog-post-challenges-for-people-with-disabilities-within-the-health-care-safety-net
#7
Michael R Ulrich
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876383/medicare-medicaid-and-pharmaceuticals-the-price-of-innovation
#8
Daniel J Kevles
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876382/health-affairs-blog-post-1332-waivers-and-the-future-of-state-health-reform
#9
Heather Howard, Galen Benshoof
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876381/health-affairs-blog-post-social-insurance-is-missing-a-piece-medicare-medicaid-and-long-term-care
#10
Judy Feder
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876380/out-of-the-black-box-and-into-the-light-using-section-1115-medicaid-waivers-to-implement-the-affordable-care-act-s-medicaid-expansion
#11
Sidney D Watson
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876379/clash-of-the-titans-medicaid-meets-private-health-insurance
#12
Sara Rosenbaum
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876378/medicaid-at-50-no-longer-limited-to-the-deserving-poor
#13
David Orentlicher
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876377/medicare-at-50-why-medicare-for-all-did-not-take-place
#14
Theodore R Marmor, Kip Sullivan
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876376/the-accidental-administrative-law-of-the-medicare-program
#15
Eleanor D Kinney
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876375/multiple-medicaid-missions-targeting-universalism-or-both
#16
John V Jacobi
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876374/the-universality-of-medicaid-at-fifty
#17
Nicole Huberfeld
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876373/the-reverberating-risk-of-long-term-care
#18
Allison K Hoffman
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876372/medicare-advantage-accountable-care-organizations-and-traditional-medicare-synchronization-or-collision
#19
Thomas L Greaney
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
https://www.readbyqxmd.com/read/25876371/opening-remarks
#20
Ezekiel Emanuel
No abstract text is available yet for this article.
2015: Yale Journal of Health Policy, Law, and Ethics
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