Legal and Ethical Challenges

Conference Description

The increasing globalization of health care and its inputs provides new challenges for health law and bioethics. This conference brought together leading scholars and policy-makers to discuss several overlapping and diverging instances of this globalization, to try and develop new strategies and paradigms to approach these issues. Comprised of six panels over the course of two days, the event spurred provocative, engaging discussions.

UPDATE: For more on this issue, see I. Glenn Cohen’s edited volume The Globalization of Health Care: Legal and Ethical Issues, published by Oxford University Press in March 2013.

Friday, May 20, 2011

8:00 – 8:30am: Continental Breakfast

8:30 – 8:45am: Opening Remarks

• Martha Minow, Dean and Jeremiah Smith, Jr. Professor of Law, Harvard Law School

8:45 – 10:30am: Medical Tourism One: Services Legal in Home and Destination Countries

• Nathan Cortez, Assistant Professor of Law, SMU Dedman School of Law – Cross‐Border Health Care and the Hydraulics of Health Reform
• Hilko Meyer, Professor, Frankfurt University of Applied Sciences – Current Legislation on Cross‐Border Healthcare in the European Union
• Tom McLean, Clinical Assistant Professor of Surgery, University of Kansas, School of Medicine – Jurisdiction 101 for Medical Tourism Purchases Made in Europe
• Jeremy Snyder, Assistant Professor, Simon Fraser University – Patients’ and Bioethicists’ Perceptions of the Ethics of Medical Tourism: Lessons from Canadian Medical Tourists
• Leigh Turner, Associate Professor, Center for Bioethics, School of Public health and College of Pharmacy, University of Minnesota – Bioethics, Transnational Medical Travel & the Global Health Services Marketplace
• Moderator: I. Glenn Cohen, Assistant Professor of Law & Co‐Director of Petrie‐Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard Law School

10:45 – 12:30pm: Medical Tourism Two: Services Illegal or Unavailable in Home Country

• Hazel Biggs, Professor of Law, University of Southampton School of Law – Tourism: A Matter of Life and Death in the UK
• I. Glenn Cohen, Assistant Professor of Law & Co‐Director of Petrie‐Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard Law School – Medical Outlaws or Medical Refugees?: Circumvention Medical Tourism and the Extraterritorial Application of Domestic Criminal Law
• Aaron Levine, Assistant Professor, School of Public Policy, Georgia Institute of Technology – The Roles and Responsibilities of Physicians in Patients’ Decisions about Unproven Stem Cell Therapies
• Kimberly Mutcherson, Associate Professor, Rutgers School of Law – Welcome to the Wild West: Protecting Access to Cross Border Fertility Treatment in the United States
• Richard Storrow, Professor, City University of New York School of Law – The Proportionality Problem in Cross‐Border Reproductive Care
• Leslie Wolf, Associate Professor, Georgia State University School of Law – The Roles and Responsibilities of Physicians in Patients’ Decisions about Unproven Stem Cell Therapies
• Moderator: Patrick Taylor, Academic Fellow, Petrie‐Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard Law School

12:30 – 2:00pm: Lunch

2:00 – 3:45pm: Research and Development / Telemedicine

• Robert Gatter, Professor of Law & Co‐Director of Center for Health Law Studies, Saint Louis University School of Law – The Global Politics of Pandemic Influenza Vaccine‐Sharing
• Amar Gupta, Professor, Eller College of Management, University of Arizona – Legal Barriers to Telemedicine in the United States: Their Constitutionality and Public and Private Approaches Toward Health Care Reform
• Trudo Lemmens, Associate Professor, Faculties of Law and Medicine, University of Toronto – Access to Clinical Trials Data and the Right to Health
• Deth Sao, University of Arizona James E. Rogers School of Law – Legal Barriers to Telemedicine in the United States: Their Constitutionality and Public and Private Approaches Toward Health Care Reform
• Gil Siegal, Professor, University of Virginia School of Law – Globalization of Health Care in the Information Technology Era
• Bethany Spielman, Associate Professor of Medical Humanities and Medical Jurisprudence, Southern Illinois University, School of Medicine – State Responsibility for Violating the Prohibition on Nonconsensual Human Experimentation in Abdullahi v. Pfizer: Offshoring Experiments, Outsourcing Public Health
• Moderator: Michelle Meyer, Academic Fellow, Petrie‐Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard Law School

4:00- 6:30pm: Medical Worker Migration

• Nir Eyal, Assistant Professor, Harvard Medical School – Conditioning Medical Scholarships on Long, Future Service: A Defense
• Corrine Packer, University of Ottawa – Recruiting Internationally‐Trained Health Human Resources: Ethical Considerations and Policy Options from a Canadian Perspective
• Vivien Runnels, University of Ottawa – Recruiting Internationally‐Trained Health Human Resources: Ethical Considerations and Policy Options from a Canadian Perspective
• Lucas Stanczyk, Harvard University, Department of Government – Permissible Ways of Managing the Labor Allocation of Medical Workers
• Allyn Taylor, Visiting Professor of Law, Georgetown University Law Center – WHO Global Code of Practice on the International Recruitment of Health Personnel
• Commenter: Lincoln Chen
• Moderator: Norman Daniels, Mary B. Saltonstall Professor of Ethics & Professor of Ethics and Population Health, Harvard School of Public Health

6:30pm: Panelist Dinner

Saturday, May 21, 2011

9:00 – 9:30am: Continental Breakfast

9:30 – 11:00am: Health Care Globalization and Equity

• Pavlos Eleftheriadis, University Lecturer in Law, Faculty of Law, University of Oxford – Global Duties and the Sanctity of Life
• Daniel Goldberg, Department of Bioethics and Interdisciplinary Studies, East Carolina University – Global Health Care is Not Global Health: Populations, Inequities, and Law as a Social Determinant of Health
• Cynthia Ho, Clifford E. Vickrey Research Professor & Director of Intellectual Property & Technology Program, Loyola University Chicago Law – Beyond Patents: The Impact of Patent‐Related Rights on Global Access to Medicine
• Kevin Outterson, Associate professor of Law & Associate Professor of Health Law, Bioethics & Human Rights, Boston University School of Law – Intellectual Property Rights and Access to Medicine: The Special Case of Antibiotics in the Health Impact Fund
• Jennifer Prah-Ruger, Associate Professor, Schools of Public Health, Medicine & Graduate School of Arts & Sciences, Yale University – Global Health Governance as Shared Health Governance
• Moderator: Melissa Wasserman, Academic Fellow, Petrie‐Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School

11:00 – 12:30pm: Transplant Tourism is Different than Medical Tourism

• Alexander Capron, University Professor, Scott H. Vice Chair in Health Care Law, Policy, and Ethics, and Professor of Law & Medicine, University of Southern California
• Francis Delmonico, Professor of Surgery, Harvard Medical School at the Massachusetts General Hospital; President‐elect, The Transplantation Society; Advisor, World Health Organization; Medical Director, New England Organ Bank
• Nancy Scheper-Hughes, Chancellor’s Professor in Medical Anthropology, University of California Berkeley; Head, Doctoral Program in Medical Anthropology, Critical Studies in Medicine, Science and the Body; and Director, Organs Watch
• Daniel Wikler, Mary B. Saltonstall Professor of Population Ethics and Professor of Ethics and Population Health, Harvard School of Public Health

12:30pm: Conference Close