Francis Elected to American Philosophical Association Post, will Deliver Presentation on Privacy and Health Information

Professor Leslie Francis has been elected the vice president and president elect of the American Philosophical Association’s Pacific Division Committee for 2014-2015. In addition, on October 10, she will deliver a presentation titled “Privacy and Health Information: The U.S. and the E.U.” at a symposium on Data Privacy, Your Rights in a Digital World, sponsored […]

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 […]

Sperm Switching and Wrongful Conception

By Professor Leslie Francis Information has recently come to light through genetic testing about a case of apparent sperm switching at a laboratory in Utah.  The laboratory, now defunct, was a joint operation of Reproductive Medical Technologies, Inc. (RMTI) and the University of Utah.  At least one case has been identified in which the child […]

Medicaid cutbacks and prescription footwear: Plaintiffs prevail against New York’s cost cutting measures

by Leslie Francis, reprinted from HealthLawProf Blog Pressures to cut back Medicaid benefits continue to be impressive.  In a noteworthy decision, New York’s effort to limit funding for prescription footwear was recently rebuffed by a New York federal district court. In the class action suit, New York Medicaid patients challenged the state’s decision to limit coverage of […]