Professional Regulation

  • Read more: Emergent Medical Data

    Emergent Medical Data

    By Mason Marks In this brief essay, I describe a new type of medical information that is not protected by existing privacy laws. I call it Emergent Medical Data (EMD) because at first glance, it has no relationship to your health. Companies can derive EMD from your seemingly benign Facebook posts, a list of videos…

  • Read more: An Analysis of Five Years of Cerebral Palsy Claims in the UK

    An Analysis of Five Years of Cerebral Palsy Claims in the UK

    By John Tingle NHS Resolution, an arm’s length body of the Department of Health that manages clinical negligence and other claims brought against the NHS in England, have just published a report on cerebral palsy legal claims. These claims are complex and result in large awards of compensation. In 2016-17, whilst the obstetrics specialty accounted for…

  • Read more: Privacy and Confidentiality: Bill of Health at Five Years and Beyond

    Privacy and Confidentiality: Bill of Health at Five Years and Beyond

    By Leslie Francis 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…

  • Read more: CAVEAT HOSPITIA: Suits Alleging Negligent Credentialing Against Hospitals Get Exemption from Tort Reform

    CAVEAT HOSPITIA: Suits Alleging Negligent Credentialing Against Hospitals Get Exemption from Tort Reform

    By Alex Stein Policymakers and scholars interested in medical malpractice and torts generally should read Billeaudeau v. Opelousas General Hospital Authority, — So.3d —-, 2016 WL 6123862 (La. 2016). In this recent and important decision, the Louisiana Supreme Court ruled that suits alleging negligent credentialing against a hospital sound in regular negligence, rather than medical malpractice,…

  • Read more: The First Human Body Transplant – Ethical and Legal Considerations

    The First Human Body Transplant – Ethical and Legal Considerations

    By Ana S. Iltis, PhD To what lengths should we go to preserve human life? This is a question many are asking after hearing that three men plan to make medical history by conducting the first human head transplant. Or, rather, whole body transplant. Italian neurosurgeon Dr. Sergio Canavero and Chinese surgeon Dr. Xiaoping Ren plan…

  • Read more: New Research: Legal Epidemiology in the Literature

    New Research: Legal Epidemiology in the Literature

    By Temple University Center for Public Health Law Research It’s a rainy day on the East Coast; what better way to get through the damp than four new legal epidemiology articles? Our colleagues have published papers examining vaccine policies, telehealth reimbursement policies, scope of practice laws for health care providers, and the field of legal…

  • Read more: Bold New Policies for The Brave New Biologies: IPRs and Innovation in Synthetic Biology and Gene editing

    Bold New Policies for The Brave New Biologies: IPRs and Innovation in Synthetic Biology and Gene editing

    Research Seminar at the University of Copenhagen debating intellectual property and innovation in synthetic biology, systems biology & gene editing. New technologies in biology offer a brave new world of possibilities. Promising solutions to some of the most urgent challenges faced by humanity: climate change, environmental protection, growing population, renewable energy and improved health care. Scientific…

  • Read more: Fantastic New Resource on Regulation

    Fantastic New Resource on Regulation

    By Scott Burris Peter Drahos and a roster of the minds that have made RegNet at the Australian National University the hub of regulatory research and theory have put (it seems) all they know into a new, FREE ebook, Regulatory Theory: Foundations and Applications.  It is a comprehensive account of the field, written to serve…

  • Read more: CMS Publishes Final Rule Revising and Expanding Conditions for HHA Participation in Medicare and Medicaid

    CMS Publishes Final Rule Revising and Expanding Conditions for HHA Participation in Medicare and Medicaid

    By Wendy S. Salkin The Centers for Medicare and Medicaid Services (CMS) finalized a rule concerning home health agencies on January 9th, “Medicare and Medicaid Program: Conditions of Participation for Home Health Agencies.” The rule has been a long time coming, since the proposed rules were set forth on October 9, 2014. This is the first…

  • Read more: Well-rested versus well-trained doctors: New twist in debate over resident duty hours (Part II)

    Well-rested versus well-trained doctors: New twist in debate over resident duty hours (Part II)

    By Brad Segal When people fall acutely ill, they deserve a non-sleep deprived doctor—but they also deserve an adequately-trained doctor. There are only so many hours to the day, and so in medical education a resident’s need for self-care must be balanced against the need for maximum clinical exposure. Since 2003, when restrictions to resident duty…