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This pioneering book offers the most comprehensive and teachable compilation of materials on public health law now available. The updated 2nd edition provides significant new materials on the unprecedented challenges for courts and government policymakers presented by the COVID-19 pandemic. Its unique perspective highlights the evolving legal, political and social responses to the current infectious disease outbreak--in the context of earlier court cases and policies dating back to cholera in the 1900s through SARS and Ebola in this century. The 2nd edition also features the emergence of health equity as a key public health perspective, as increasingly detailed data document the differential impact of upstream social and environmental determinants on the health of the public and on the health of particular populations. Other updates focus on "system-approaches" to complex health problems, such as opioid misuse and obesity, that require data, engagement and coordination across numerous government entities. One of the challenges of teaching public health law is that it touches many other government sectors and bodies of law. This book solves that problem by organizing and integrating the material to address (1) cross-cutting themes in public health policy, such as government authority and justification to restrict individual liberties or use emergency powers and (2) the primary policy tools used by public health policymakers and practitioners, from behavioral interventions such as immunization and quarantine to environmental regulations. The book aims to explore topics from different points of view, weaving together public health sciences, ethics, law, and public policy. In perhaps their most exciting innovation, Bonnie, Bernheim and Matthews have constructed an intriguing and diverse menu of teachable units focused on specific policy problems or case studies in public health action. The book weaves together pertinent medical information and public health statistics, court decisions and other legal materials, and ethics commentaries. It uses both judicial opinions and concrete problems in public health policy and practice as the main vehicles for classroom discussion. Examples include leading a community response to COVID-19 that addresses health disparities, differential social and economic need, vaccine allocation and resistance; and preparing public health testimony for a state legislature on immunization requirements or exemptions. Other case studies include substandard housing as a determinant of health, and the upstream effects of climate change on the health of children. Students are also exposed to a variety of cross-cutting regulatory frameworks, including product safety, environmental protection, and data privacy. This book is richly interdisciplinary. Although designed for students of law, the book can easily be adapted to courses designed for students in public health, public policy and interprofessional settings examining the role of law and public policy in advancing population health and health equity.
This book offers a framework for studying modern quality approaches, including more expansive definitions of quality in health care, patient safety, and the use of data-driven methods for monitoring quality performance. The text begins with a student-friendly introduction to the way that the central concerns in health law and policy -- cost, quality, access, and choice -- interact. The next chapters cover state and federal quality-control regulation, including professional licensure and discipline and Medicare and Medicaid provider certification for health care organizations. The book provides extensive material on liability, including both medical malpractice and the liability of health care organizations, and explores the impact of ERISA preemption on liability for quality failures. These chapters also address the duties of informed consent and confidentiality, including HIPAA, and the impact of nondiscrimination obligations as a matter of quality in health care. The book includes material on quality efforts within health care organizations, including their relationship with health care professionals through staff privileges, contracting, and employment.
“This book is very well researched, organized, documented, and referenced. The case studies are relevant to specific public health issues related to race, gender, equity, sexual orientation, poverty, homelessness, drug addiction, and chronic diseases facing U.S. populations in the 21st century. The book offers background information for professionals to try to analyze the root causes and develop public health measures to ameliorate these problems." ---Doody's Review Service, 4 stars Public Health Law: Concepts and Case Studies is a practical textbook for students of public health and health policy with comprehensive coverage of core concepts in law across public health sectors. The text builds upon the understanding that law is a significant determinant of health while highlighting essential knowledge of legal issues and laws affecting public health outcomes. Chapters address major topics in United States public health law and take a competency-based approach influenced by models developed by the CDC’s Public Health Law Program. The book describes the most important and relevant considerations of the law through case studies and real-world examples that students and practitioners of public health need as a baseline in order to mitigate health inequities and public health threats. Written with a basis in health equity, chapters also include call-out boxes to appropriate health equity related principles and theories. The book’s three parts explore law as a foundation for public health practice, law in everyday practice, and law as a transdisciplinary public health tool. It addresses key legal concepts such as the sources of authority in the United States legal system, constitutional foundations, limitations of authority, regulation, and litigation as they relate to public health. The most prevalent public health law topics and national public health strategies are covered in clear prose and offer guidance on the law and legal issues related to immunization, infectious disease control, chronic disease prevention and management, unintentional and intentional injury prevention, emergency law, global public health, environmental law, LGBT populations and the law, women’s reproductive health topics and more. Hypothetical case studies throughout illustrate how law impacts public health practice across a variety of settings and populations. Content on the transdisciplinary nature of public health practice spans topics such as law as a social determinant of health, the Health in All Policies initiative, legal epidemiology, law and ethics, and the scope of public health decision-making. Insightful and practical in its approach, Public Health Law: Concepts and Case Studies provides students and public health practitioners alike with knowledge and tools for utilizing the law to advance public health goals in the communities they serve. Key Features: Includes practical, real-world case studies illustrating the intersection of law and public health in many different contexts Highlights health equity and social justice issues relevant to chapter topics Explains legal frameworks and challenging legal concepts in easy to read prose Highlights relevant legal issues and considerations during the COVID-19 pandemic Includes access to the fully downloadable eBook as well as instructor ancillary materials such as Instructor’s Manual, PowerPoints, and Test Bank
The Law of American Health Care is the casebook for the new generation of health lawyers. It is a student-friendly casebook emphasizing lightly, carefully edited primary source excerpts, plain-language expository text, as well as focused questions for comprehension and problems for application of the concepts taught. The book engages topics in depth so students emerge with an understanding of the most important features of American health care law and hands-on experience working through cutting edge issues. Key Features: Focused on the needs of students who want to practice health care law in a post-ACA world. First health care law casebook to consider federal law as the baseline (as opposed to state law or common law). Intro chapter provides a set of organizing principles, illustrated with in-depth case studies, which are revisited and woven throughout the remaining chapters. “Pop-up” text boxes throughout with notes that highlight key lessons, or help to explain or enhance the material. Directed Questions and hypothetical Problems are provided as well as Capstone Problems at the end of each chapter. Approximately 800 pages, which is significantly more manageable than competitors. Focused directly on topics regularly encountered in the day-to-day practice of health law
The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.
The Institute of Medicine study Crossing the Quality Chasm (2001) recommended that an interdisciplinary summit be held to further reform of health professions education in order to enhance quality and patient safety. Health Professions Education: A Bridge to Quality is the follow up to that summit, held in June 2002, where 150 participants across disciplines and occupations developed ideas about how to integrate a core set of competencies into health professions education. These core competencies include patient-centered care, interdisciplinary teams, evidence-based practice, quality improvement, and informatics. This book recommends a mix of approaches to health education improvement, including those related to oversight processes, the training environment, research, public reporting, and leadership. Educators, administrators, and health professionals can use this book to help achieve an approach to education that better prepares clinicians to meet both the needs of patients and the requirements of a changing health care system.
Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Breakthroughs in biomedicine often lead to new life-giving treatments but may also raise troubling, even life-and-death, quandaries. Society's Choices discusses ways for people to handle today's bioethics issues in the context of America's unique history and cultureâ€"and from the perspectives of various interest groups. The book explores how Americans have grappled with specific aspects of bioethics through commission deliberations, programs by organizations, and other mechanisms and identifies criteria for evaluating the outcomes of these efforts. The committee offers recommendations on the role of government and professional societies, the function of commissions and institutional review boards, and bioethics in health professional education and research. The volume includes a series of 12 superb background papers on public moral discourse, mechanisms for handling social and ethical dilemmas, and other specific areas of controversy by well-known experts Ronald Bayer, Martin Benjamin, Dan W. Brock, Baruch A. Brody, H. Alta Charo, Lawrence Gostin, Bradford H. Gray, Kathi E. Hanna, Elizabeth Heitman, Thomas Nagel, Steven Shapin, and Charles M. Swezey.