Long COVID and Physical Reductionism
Long COVID plaintiffs seeking disability anti-discrimination law protections have been met with suspicion and demands for evidence.
Leslie Francis
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Read more: The False Dilemmas of the Fifth Circuit’s HIPAA Ruling The False Dilemmas of the Fifth Circuit’s HIPAA Ruling
The Fifth Circuit’s black and white reasoning guts the idea of flexibility that undergirds the HIPAA security rule.
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Read more: Old and New Ways of Coping with COVID-19: Ethics Matters (Part II) Old and New Ways of Coping with COVID-19: Ethics Matters (Part II)
By Leslie Francis and Margaret Pabst Battin This post is part II of a two-part series on pandemic control strategies in response to COVID-19. New testing methods may allow us to avoid many of the inequities and injustices of the traditional methods of pandemic control, if we can deploy them quickly enough.
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Read more: Old and New Ways of Coping with COVID-19: Ethics Matters (Part I) Old and New Ways of Coping with COVID-19: Ethics Matters (Part I)
Your life and the lives of many others may depend now on isolation, quarantine, cordon sanitaire, shelter in place, or physical distancing.
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Read more: Controlling the Novel Coronavirus: Should we have stopped the COVID-19 coronavirus more effectively? Could we still? Controlling the Novel Coronavirus: Should we have stopped the COVID-19 coronavirus more effectively? Could we still?
By Margaret Battin, Leslie Francis, Jay Jacobson, and Charles Smith What if, instead of closing airports, shutting down trains and buses, quarantining travelers from China, and enclosing 50 million people inside the city of Wuhan and Hubei province, we had a sophisticated technology that could identify travelers who might spread an emerging infectious disease? This…
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Read more: More perils of U.S. sectoral privacy law More perils of U.S. sectoral privacy law
By Leslie Francis A recent unpublished decision of the Minnesota Court of Appeals brings the perils of sectoral privacy law into sharp focus: Furlow v. Madonna Summit of Byron, 2020 WL 413356 (Minn. App. 2020) (unpublished). Minnesota protects patient health records but not, apparently, photographs of patients posted on social media by health care facility…
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Read more: Practice Fusion: it’s data use, not de-identification, that matters Practice Fusion: it’s data use, not de-identification, that matters
By Leslie Francis Practice Fusion, an electronic health record (EHR) vendor, just settled with the Department of Justice to pay a $145 million fine for alleged kickbacks from an unnamed pharmaceutical company. The DOJ contended that the company had taken kickbacks in exchange for including practice alerts to encourage physicians to prescribe opioids. But paid-for prescription alerts…
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Read more: Making “Meaningful Access” Meaningful: Equitable Healthcare for Divisive Times Making “Meaningful Access” Meaningful: Equitable Healthcare for Divisive Times
By Leslie Francis Another anniversary of President Bush’s signing of the Americans with Disabilities Act (ADA) is coming up in late July, yet the nation remains far from offering even a semblance of equitable societal opportunity to most individuals with disabilities. For them, full social participation is dismissed as merely an idealistic dream. With its…
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Read more: Privacy and Confidentiality: Bill of Health at Five Years and Beyond Privacy and Confidentiality: Bill of Health at Five Years and Beyond
In honor of the occasion of the Fifth Anniversary of Bill of Health, this post reflects on the past five years of what’s generally known as “privacy” with respect to health information. The topic is really a giant topic area, covering a vast array of questions about the security and confidentiality of health information, the collection…
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Read more: ERISA and Graham-Cassidy: A Disaster in Waiting for Employee Health Benefits and for Dependents under 26 on their Parents’ Plans ERISA and Graham-Cassidy: A Disaster in Waiting for Employee Health Benefits and for Dependents under 26 on their Parents’ Plans
Graham Cassidy § 105 would repeal the ACA “employer mandate”. Although its sponsors claim that the bill will give states a great deal of flexibility, it will do nothing to help states ensure that employers provide their employees with decent health insurance; quite the reverse. It will also give employers the freedom to ignore the…