Code on computer.

Rise in Hospital Ransomware Attacks Requires Government Intervention

By Jenna Becker

Last week, widespread ransomware attacks against hospital systems forced several hospitals to go offline. 

Despite the growing risk of cyberattacks against hospitals, the health care industry has been left to address this issue on their own. Ransomware attacks, named for the fee that these malicious viruses attempt to extract, can be very challenging to address, involving complex cybersecurity protocols.

Unfortunately, many hospitals lack the resources and the time required to prevent this malware from spreading. The government has provided minimal resources to hospital systems looking to enhance their cybersecurity. Resource-strapped hospitals require significant government support to address the growing threat of ransomware.

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AI concept art.

AI’s Legitimate Interest: Video Preview with Charlotte Tschider

The Health Law Policy, Bioethics, and Biotechnology Workshop provides a forum for discussion of new scholarship in these fields from the world’s leading experts.

The workshop is led by Professor I. Glenn Cohen, and presenters come from a wide range of disciplines and departments.

In this video, Charlotte Tschider gives a preview of her paper, “AI’s Legitimate Interest: Towards a Public Benefit Privacy Model,” which she will present at the Health Law Policy workshop on November 9, 2020. Watch the full video below:

(Institute for the feeble-minded, Lincoln, Ill. / Library of Congress)

Why Buck v. Bell Still Matters

By Jasmine E. Harris

In 1927, Buck v. Bell upheld Virginia’s Eugenical Sterilization Act, authorizing the state of Virginia to forcibly sterilize Carrie Buck, a young, poor white woman the state determined to be unfit to procreate.

In less than 1,000 words, Justice Oliver Wendell Holmes, writing for all but one of the Justices of the Court, breathed new life into an otherwise fading public eugenics movement.

More than 70,000 people (predominantly women of color) were forcibly sterilized in the twentieth century.

Buck is most often cited for its shock value and repeatedly, for what is, perhaps, its most famous six words: “Three generations of imbeciles are enough.” While this may be the most provocative language in the opinion, it is not the most noteworthy.

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Buenos Aires, Argentina.

Concerns Mount About Rule of Law in Argentina During COVID-19

By Roberto Gargarella

From the first time that I wrote about the COVID-19 situation in Argentina, June 8, until the date I am writing this, September 7, things have changed significantly.

First, the number of people who have died of COVID-19 in Argentina has risen to nearly 10,000; the 16th highest death toll in the world. The total number of cases is 500,000; which places Argentina among the top 10 countries for infections worldwide.

These alarming statistics are particularly worrying in Argentina, given a number of additional facts mentioned in my original blog.

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Person typing on computer.

Telehealth Policy Brought to the Fore in the COVID-19 Pandemic

By Vrushab Gowda

The COVID-19 pandemic has highlighted the value of telehealth as both a tool of necessity (e.g., minimizing infection risk, conserving thinly stretched healthcare resources, reducing cost) as well as of innovation.

Telehealth services have surged in recent months; in April alone, they constituted over 40 percent of primary care visits nationwide and over 73 percent of those in Boston. “Increasing Access to Care: Telehealth during COVID-19,” a recent publication in the Journal of Law and the Biosciences, dissects the issues that have accompanied the growth of telehealth and identifies further areas of potential reform.

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Photograph of a doctor holding a headset sitting in front of a laptop

How Telehealth Can Reduce Disparities

By Jenna Becker

Telehealth can and should be used in an intentional effort to reduce health disparities.

Increased COVID-19 mortality rates in communities of color have been a constant, tragic reminder of the ways in which systemic racism causes poor health outcomes in the United States. Immigrants are facing an increased risk of illness and limited access to care. Rural Americans may face an increased risk of serious illness.

Telehealth can reduce barriers to care that these groups face, such as lack of access to transportation, culturally-competent providers, and childcare.

The last six months have seen rapid growth in the use of telemedicine in response to the COVID-19 pandemic. In response to urgent need, regulatory agencies and private insurance companies have loosened requirements that previously inhibited the use of telehealth.

The expansion of telehealth and removal of traditional barriers to care may lead to more equitable health outcomes.

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Cartoon of contact tracing for COVID-19.

COVID-19, Misinformation, and the Law in Nigeria

By Cheluchi Onyemelukwe

The spread of COVID-19 in Nigeria has been paralleled by the spread of misinformation and disinformation about the novel coronavirus. In Nigeria, information casting doubt on the existence of the coronavirus is spread especially through social media channels, but also through other informal channels.

Some religious leaders with considerable influence have doubted the existence of the virus, and shared conspiracy theories on its origins and the interventions instituted to prevent further spread of the virus. Others have taken to social media to express concerns about the Nigerian government and a perceived lack of transparency. For example, the government has received criticism for continuing its school feeding program during the pandemic, at a time when schools are closed, children are at home, and the country’s financial resources are scarce.

Unproven cures and interventions are also regularly propagated, especially via social media channels such as WhatsApp. For instance, hydroxychloroquine, a drug used for malaria previously, has been touted as a cure, despite evidence to the contrary, prompting some to stockpile it and instigating much discussion on social media.

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The Week in Health Law podcast logo twihl.com

TWIHL 212: Substance Use Privacy Before and After CARES

By Nicolas Terry

In this episode, I welcome back Kirk Nahra, a partner and Co-Chair of the Cybersecurity and Privacy Practice at Wilmer Hale in DC. He has been a leading authority on privacy and cybersecurity matters for more than two decades. Mr. Nahra counsels clients across industries, from Fortune 500 companies to startups, on implementing the requirements of privacy and data security laws across the country and internationally.

And, after all this time, finally I welcome Melissa Goldstein, Associate Professor in the Department of Health Policy and Management at the Milken Institute School of Public Health at the George Washington University, where she teaches courses in bioethics (including genomics, reproductive ethics, end-of-life, and research ethics issues), health information technology policy, and public health law and conducts research on health information privacy and the legal and policy aspects of health information technology. Our excuse for getting together is that we recently co-authored a piece on the Health Affairs blog titled COVID-19: Substance Use Disorder, Privacy, And The CARES Act.

The Week in Health Law Podcast from Nicolas Terry is a commuting-length discussion about some of the more thorny issues in health law and policy. Subscribe at Apple Podcasts or Google Play, listen at Stitcher Radio, SpotifyTunein or Podbean.

Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find me on Twitter @nicolasterry or @WeekInHealthLaw.

stethoscope on computer keyboard

How Traditional Health Records Bolster Structural Racism

By Adrian Gropper, MD

As the U.S. reckons with centuries of structural racism, an important step toward making health care more equitable will require transferring control of health records to patients and patient groups.

The Black Lives Matter movement calls upon us to review racism in all aspects of social policy, from law enforcement to health. Statistics show that Black Americans are at higher risk of dying from COVID-19. The reasons for these disparities are not entirely clear. Every obstacle to data collection makes it that much harder to find a rational solution, thereby increasing the death toll.

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Map from Global COVID-19 Symposium.

Global Responses to COVID-19: An Inflection Point for Democracy, Rights, and Law

By Alicia Ely Yamin

Although some of the common challenges identified across our global survey of legal responses to COVID-19 have their roots in long-established realities, the economic and social inflection point created by COVID-19 provides an opportunity, as well as an imperative, to consider how these responses will shape social norms and structure democratic institutions in the post-pandemic world.

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