- Alyna Chien and Meredith Rosenthal, Medicare’s Physician Value-Based Payment Modifier — Will the Tectonic Shift Create Waves? N Engl J Med
- Brendan Maher, The Affordable Care Act, Remedy, and Litigation Reform, SSRN/American University L.Rev.
- Thad Pope, Making Medical Decisions for Patients without Surrogates, N Engl J Med
- World Medical Association Declaration of Helsinki, Ethical Principles for Medical Research Involving Human Subjects, 7th Rev. 2013, JAMA
Category: Nicolas Terry
Worth Reading This Week
- Thomas Gallagher et al, Talking with Patients about Other Clinicians’ Errors, N Engl J Med
- Arti Rai, Biomedical Patents at the Supreme Court: A Path Forward, SSRN/Stan. L.Rev. Online
- Allison Hoffman, An Optimist’s Take on the Decline of Small-Employer Health Insurance, SSRN/Iowa L.Rev.
- Jessica Mantel, The Myth of the Independent Physician: Implications for Health Law, Policy, and Ethics, SSRN/Case Western Reserve L. Rev.
Worth Reading This Week
- Cynthia Ward, Mental Illness and Danger to Self, SSRN
- Nicole Huberfeld, With Liberty and Access for Some: The ACA’s Disconnect for Women’s Health, SSRN/Fordham ULJ
- Robert Huckman & Mark Kelley, Public Reporting, Consumerism, and Patient Empowerment, NEJM
- Joanna Shepherd, Selective Contracting in Prescription Drugs: The Benefits of Pharmacy Networks, Minn J L Sci & Tech
Today at IU McKinney
October 4, 2013
Hall Center for Law and Health
Will Neuroscience Redefine Mental Injury?
Legal systems have traditionally treated physical and mental injuries differently. Advances in neuroscience provide insights that challenge this dichotomy. This multidisciplinary half-day conference will examine some of the evolving technologies used to demonstrate mental injury and explore the potential impact of this neuroscientific data in legal decision making.
Speakers:
- Thomas W. McAllister, Albert E. Sterne Professor and Chair, Department of Psychiatry, Indiana University School of Medicine
- Tracy D. Gunter, Associate Professor Clinical Psychiatry Indiana University School of Medicine and Adjunct Professor Law, IU McKinney School of Law
- Stacey A. Tovino, Lincy Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas
- Betsy J. Grey, Professor of Law and Alan A. Matheson Fellow, and Faculty Fellow in the Center for Law, Science, and Innovation, Arizona State University, Sandra Day O’Connor College of Law, Tempe, Arizona
- William Winingham, Partner, Wilson Kehoe Winingham, LLC
- Ross D. Silverman, Professor of Health Policy and Management, IU Fairbanks School of Public Health
- Jennifer A. Drobac, Professor of Law, IU McKinney School of Law
More information here.
Worth Reading This Week
- Jacob Sherkow & Hank Greely,The Future of Gene Patents and the Implications for Medicine, JAMA Intern Med.
- Mark Rothstein, Tarasoff Duties after Newtown, SSRN/JLME
- Frank Wharam, Dennis Ross-Degnan, & Meredith Rosenthal, The ACA and High-Deductible Insurance — Strategies for Sharpening a Blunt Instrument, NEJM
- Thomas Buchmueller, Colleen Carey & Helen Levy, Will Employers Drop Health Insurance Coverage Because Of The Affordable Care Act? Health Affairs
Worth Reading This Week
- Lisa Heinzerling, The FDA’s Plan B Fiasco: Lessons for Administrative Law, SSRN/Georgetown LJ
- Katherine Neuhausen, Michael Spivey, & Arthur Kellermann, State Politics and the Fate of the Safety Net, NEJM
- Christopher Robertson, When Truth Cannot Be Presumed: The Regulation of Drug Promotion Under an Expanding First Amendment, SSRN/BU L.Rev.
- Henry Aaron & Kevin W. Lucia, Only the Beginning — What’s Next at the Health Insurance Exchanges?NEJM
Worth Reading This Week
- W. Nicholson Price II, Making Do in Making Drugs: Innovation Policy and Pharmaceutical Manufacturing, SSRN/BC L.Rev.
- Chris Feudtner et al, Risks (and Benefits) in Comparative Effectiveness Research Trials, NEJM
- Michael McCue, Mark Hall and Xinliang Liu, Impact Of Medical Loss Regulation On The Financial Performance Of Health Insurers, Health Affairs
- Joseph Newhouse & Alan Garber, Geographic Variation in Health Care Spending in the United States, Insights From an Institute of Medicine Report, JAMA
Worth Reading This Week
- Michael Lauer & Ralph D’Agostino,The Randomized Registry Trial — The Next Disruptive Technology in Clinical Research? NEJM
- John Golden & William Sage, Are Human Genes Patentable? The Supreme Court Says Yes And No, Health Affairs
- Susannah Rose, Patient Advocacy Organizations: Institutional Conflicts of Interest, Trust, and Trustworthiness, JLME
- Ryan Abbott, Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety, SSRN/Iowa L.Rev.
Big Data Proxies and Health Privacy Exceptionalism
I have posted Big Data Proxies and Health Privacy Exceptionalism. The article argues that, while “small data” rules protect conventional health care data (doing so exceptionally, if not exceptionally well), big data facilitates the creation of health data proxies that are relatively unprotected. As a result, the carefully constructed, appropriate, and necessary model of health data privacy will be eroded. Proxy data created outside the traditional space protected by extant health privacy models will end exceptionalism, reducing data protection to the very low levels applied to most other types of data. The article examines big data and its relationship with health care, including the data pools in play, and pays particular attention to three types of big data that lead to health proxies: “laundered” HIPAA data, patient-curated data, and medically-inflected data. It then reexamines health privacy exceptionalism across legislative and regulatory domains seeking to understand its level of “stickiness” when faced with big data. Finally the article examines some of the claims for big data in the health care space, taking the position that while increased data liquidity and big data processing may be good for health care they are less likely to benefit health privacy.
Worth Reading This Week
- Katherine Baicker & Helen Levy, Coordination versus Competition in Health Care Reform, NEJM
- Vickie Williams, Life-Sciences Dual Use Research of Concern, Public Health, and the Doctrine of Unconstitutional Conditions, SSRN/St. Louis U. J. Health L. & Policy
- Jean Eggen, Medical Malpractice Screening Panels: An Update and Assessment, SSRN/J Health & Life Sciences Law
- Myungho Paik, Bernarn Black, & David Hyman, The Receding Tide of Medical Malpractice Litigation Part 1: National Trends, SSRN/J Empirical Legal Studies