The US 2020 HIV/AIDS Strategy and the Limits of ACA

By Leslie Francis for BiolawToday.org, originally posted on Harvard Law “Bill of Health” blog. On July 30, the White House announced the updated 2020 HIV/AIDS strategy. The admirable vision of the strategy is that “The United States will become a place where new HIV infections are rare, and when they do occur, every person, regardless […]

Developments of Interest on the Health IT Front Part 3: the 21st Century Cures Act

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 3 of a three-part series. Read Part 1 | Read Part 2 The CURES bill, HR6, https://www.opencongress.org/bill/hr6-114/text, was introduced in the House of Representatives on May 19 and referred to the Committee on Energy and Commerce and the Ways and Means Committee.  The bill received unanimous support two […]

Developments of Interest on the Health IT Front Part 2: EHR Certification 2015 NPRM

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 2 of a three-part series. Read Part 1 | Read Part 3 HHS published the NPRM for the 2015 edition of certification for EHRs on March 30, 2015, https://www.federalregister.gov/articles/2015/03/30/2015-06612/2015-edition-health-information-technology-health-it-certification-criteria-2015-edition-base.  Comments are due May 29, 2015.  The goals of this rulemaking are supporting interoperability with new vocabulary and content standards for structured recording […]

Developments of Interest on the Health IT Front Part 1: Meaningful Use NPRM

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 1 of a three-part series. Read Part 2 | Read Part 3 The NPRM on Meaningful Use (MU) stage 3 is out and comments are due shortly (May 29), https://www.federalregister.gov/articles/2015/03/30/2015-06685/medicare-and-medicaid-programs-electronic-health-record-incentive-program-stage-3#h-14.  MU-3 is the final stage of the program and although it contains some very real progress it continues the […]

Does HIPAA preempt state law claims related to privacy of individually identifiable health information?

By Cullen Archer for BiolawToday.org.   Introduction The Supremacy Clause provides that the Constitution, and Laws and Treaties made pursuant to it, “shall be the supreme Law of the Land.”[1] Accordingly, if there is a conflict between federal law and state law, the latter is preempted. The difficulty is determining whether state or local law should […]

Capital Punishment, Medical Science, and 10th Circuit States

By Danny Barber for BiolawToday.org blog: In April of last year, Oklahoma gained unfortunate notoriety when its lethal injection procedures failed to adequately sedate Clayton Lockett. The execution required over forty minutes to complete.[1] It was explained afterwards that one of the drugs in the lethal mixture failed to enter the inmate’s bloodstream, and ultimately failed […]

Law and Biomedicine Colloquium

The Law and Biomedicine Colloquium brings together scholars, practitioners in our community, law students, and law faculty for seminar-style discussion of complex and controversial topics in the field. We are excited to be welcoming four distinguished scholars from other law schools in the region, as well as leaders in legal practice in law and the […]

D.D.C. rejects DOL regulations requiring minimum wage and overtime for many home health aides

By Leslie Francis for BiolawToday.org.  First posted on LawProfBlog, January 19, 2015 – In a pair of recent decisions, the U.S. District Court for the District of Columbia has struck down Department of Labor (DOL) regulations designed to provide wage protections for home care workers.  Challenging the regulations were the Home Care Association of America […]

Law and Biomedicine Colloquium

The Law and Biomedicine Colloquium brings together scholars, practitioners in our community, law students, and law faculty for seminar-style discussion of complex and controversial topics in the field. We are excited to be welcoming four distinguished scholars from other law schools in the region, as well as leaders in legal practice in law and the […]

Pradaxa and the FDA’s Expedited Approval Process – A Public Health Dilemma

By Daniel Goaslind for the BiolawToday.org Blog.  Nearly four years ago one of my best friends and a man whom I greatly respected—my grandfather—died tragically at age eighty-three. In excellent health, he was on his way to a meeting for the Boy Scouts of America when he suffered a ground-level fall and hit his head. In […]