HHS Issues Guidance Regarding HIPAA and Same Sex Marriage

By Leslie Francis for HealthLawProfBlog.  Under HIPAA, patients’ spouses and other family members have certain rights to access health information.  In an important guidance document in the wake of United States v. Windsor, the Office for Civil Rights (OCR) at HHS has clarified that “spouse” under HIPAA refers to legally married same-sex spouses, even if the individual is receiving services in a jurisdiction […]

Ethical issues in managing the current Ebola crisis

By Leslie Francis reprinted from OUP Blog Until the current epidemic, Ebola was largely regarded as not a Western problem. Although fearsome, Ebola seemed contained to remote corners of Africa, far from major international airports. We are now learning the hard way that Ebola is not—and indeed was never—just someone else’s problem. Yes, this outbreak is different: it originated in West […]

The Fifth Circuit, Federalism, and Undue Burdens on Abortion

By Leslie Francis reprinted from HealthLawProf Blog On July 29, 2014, the U.S. Court of Appeals for the Fifth Circuit issued an as-applied ruling in a case involving Mississippi’s statute requiring that all physicians affiliated with a Jackson clinic providing abortion services have admitting and staff privileges at local hospitals.  All local hospitals were unwilling to grant […]

Reading Hobby Lobby narrowly

By Leslie Francis reprinted from HealthLawProf Blog   I write this post with more than a little trepidation; I’m as unhappy as anyone about what the Court made of the Religious Freedom Restoration Act last week.  Nonetheless, given the current state of play, I’ve tried to see whether there are any ways to try to limit the […]

PCAST, Big Data, and Privacy

By Leslie Francis reprinted from HealthLawProf Blog The President’s Council of Advisors on Science and Technology (PCAST) has issued a report intended to be a technological complement to the recent White House report on big data. This PCAST report, however, is far more than a technological analysis—although as a description of technological developments it is wonderfully […]

tenBroek Symposium and Supported Decisionmaking

by Leslie Francis, reprinted from HealthLawProf Blog Every year, the National Federation of the Blind sponsors a symposium on the legal rights of people with disabilities.  Named in honor of Jacobus tenBroek, the symposium brings together legal scholars, disability rights lawyers, lawyers from many federal agencies, and many others from disability rights organizations, to discuss current developments […]

The Delay of ICD-10

by Leslie Francis, reprinted from HealthLawProf Blog As part of the “Protecting Access to Medicare Act of 2014,” Congress provided that DHHS may not set ICD-10 as the code standard before October 15, 2015.  October 15, 2014 had been the day set by DHHS for ICD-10 implementation.  For health care systems that have invested a great deal […]

Supreme Courts Holds Oral Arguments for Sebelius v. Hobby Lobby Stores, Inc.

By Laura Anne On Tuesday, March 25 the Supreme Court heard consolidated oral arguments in a pair of cases, previously blogged about here, in which privately-owned for-profit corporations seek a religious exemption to the so-called “contraceptive mandate” of the Affordable Care Act. During the argument by the government’s solicitor general, the justices seemed particularly focused on […]

Conard presents at meeting of Idaho Bar Health Law Section

On April 3, 2014, Jane Reister Conard, a mentor attorney associated with the Center for Law and the Biosciences, will present the program at the bi-monthly meeting of the Idaho Bar Health Law Section at the Idaho Bar headquarters in Boise.  The topic will be “After the Affordable Care Act: Conflict Management for Medical Staffs and […]

Webinar “Medical Staff-Hospital Relationships: Diagnosis, Treatment, and Practicing Wellness”

Jane Reister Conard, a mentor attorney associated with the Center for Law and the Biosciences, is presenting at a live webinar, “Medical Staff-Hospital Relationships: Diagnosis, Treatment, and Practicing Wellness,” sponsored by the American Bar Association Health Law Section, on Thursday, March 20, 2014, at 10 AM.  Ms. Conard will present with Jeanne Franklin of Franklin Solutions, Arlington, […]