Jun 7, 2014 - Facilitator: Charity Scott, Georgia State University College of Law ... Sarah Hooper, University of Califo
37th Annual Health Law Professors Conference June 5-7th, 2014 THURSDAY, JUNE 5th 12:00 - 4:00
Registration
1:00 – 2:45
Jay Healey Teaching Session: Rethinking Health Law in the Post ACA World Facilitator: Sidney Watson, Saint Louis University School of Law A Fresh Start: Health Law Teaching After the ACA Elizabeth Weeks Leonard, University of Georgia Nicole Huberfeld, University of Kentucky Kevin Outterson, Boston University School of Law ACA Teaching Tips and Tools Seth Chandler, University of Houston Elizabeth McCuskey, University of Toledo College of Law Jennifer Herbst, Quinnipiac University Erin Fuse Brown, Georgia State University Barry Furrow, Drexel University School of Law
2:45 – 3:00
Break
3:00 – 5:00
Starting, Building, and Fostering Health Law Programs: Everything You Ever Wanted to Know (and Didn’t Know Whom to Ask) Part 1: Starting and Building Health Law Programs Facilitator: Charity Scott, Georgia State University College of Law Perspectives on Starting and Building Health Law Programs Amy Campbell, University of Memphis Cecil C. Humphreys School of Law Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center Jonathan Will, Mississippi College School of Law Sandra Johnson, Saint Louis University School of Law Frances Miller, Boston University School of Law I. Glenn Cohen, Harvard Law School Diane Hoffmann, University of Maryland Carey School of Law Part 2: What’s in a Health Law Program? Building the Educational Curriculum Seth Chandler, University of Houston Law Center Alan Meisel, University of Pittsburgh School of Law Roy Spece, University of Arizona James E. College of Law Barry Furrow, Drexel University School of Law David Faigman, UC, Hastings College of Law Thaddeus Pope, Hamline University School of Law Other invited participants who responded to the survey and helped to inform the development of this workshop:
Ammar Alrefael, King Abdulaziz University, Saudi Arabia Micah Berman, Ohio State University Schools of Public Health and Law Erin Fuse Brown, Georgia State University College of Law Mary Crossley, University of Pittsburgh School of Law Camille Davidson, Charlotte School of Law
Wendy Epstein, DePaul University College of Law Robert Field, Drexel University School of Law Jennifer Herbst, Quinnipiac Schools of Law and Medicine Sarah Hooper, University of California, Hastings College of the Law Browne Lewis, Cleveland State University, Cleveland Marshall College of Law Stacie Kershner, Georgia State University College of Law Eleanor Kinney, Indiana University School of Law - Indianapolis Jessica Mantel, University of Houston School of Law Liz McCuskey, University of Toledo College of Law Seema Mohapatra, Barry University School of Law Evelyn McKinney, University of Texas Medical Branch Terry Price, University of Washington School of Law Jason Smith, California State University, East Bay Efthimios Parasidis, Ohio State University School of Law and School of Public Health Nadia Sawicki, Loyola University Chicago School of Law Joanna Sax, California Western School of Law Katherine Schostok, DePaul University College of Law Jonathan Stewart, California State University, East Bay, and University of Arizona
5:00 – 6:30
Reception
FRIDAY, JUNE 6th 7:30 – 8:15
Registration & Breakfast
8:15 – 8:30
Conference Welcome Ted Hutchinson, Executive Director, American Society of Law, Medicine & Ethics Jaime S. King, Professor of Law, UC Hastings College of the Law, Associate Director, UCSF/UC Hastings Consortium on Law, Science & Health Policy Frank H. Wu, Chancellor & Dean, UC Hastings College of the Law David Faigman, John F. Digardi Distinguished Professor of Law, UC Hastings College of the Law, Co-Director, UCSF/UC Hastings Consortium on Law, Science & Health Policy
8:30 – 10:15 Plenary: ACA Update Moderator: Jaime S. King, UC Hastings College of the Law Mark A. Hall, Wake Forest University Wendy K. Mariner, Boston University School of Public Health & School of Law Thomas (Tim) Greaney, Saint Louis University School of Law Sidney D. Watson, Saint Louis University School of Law Abby Moncrieff, Boston University School of Law Arnold Rosoff, University of Pennsylvania 10:15 – 10:30 Break 10:30 – 12:00 Concurrent Sessions 1A Current Issues in Government Financed Health Care
1B
1C
1D
1E
Moderator: Marie Boyd, University of South Carolina School of Law Jacqueline Fox, University of South Carolina School of Law, The Unintended Consequences of CMS Efforts to Reduce Unnecessary Hospital Admissions Ann M. Marciarille, University of Missouri-Kansas City School of Law, Hospital Acquired Infections and their Treatment as a Quality Metric in Government Funded Insurance David Orentlicher, Indiana University McKinney School of Law, The Connection Between Access to Health Insurance and the Effect on One's Health Health Information in a Connected World: A Panel Discussion Kristin Madison, Northeastern University, Health Information Exchange Nicolas Terry, Indiana University McKinney School of Law, Data Analytics Mark Rothstein, University of Louisville School of Medicine, Privacy Jennifer Bernstein, University of Michigan School of Public Health, Legal Challenges to Health Data Democratization Public Health Issues Diana R.H. Winters, Indiana University McKinney School of Law, The Magical Thinking of Food Labeling: The Failure of the NLEA Joanna Sax, California Western School of Law Institute for Health Law Studies, Innovation, Public Health & Cost-Benefit Analysis Wendy Epstein, DePaul University College of Law, Health and Happiness Tsung-Ling Lee, Georgetown University Law Center, Confronting Body Anxieties: Redefining the Role of Government in Public Health Intervention James G. Hodge Jr., Sandra Day O’Connor College of Law at Arizona State University, The Legal Anatomy of Product Bans to Protect the Public’s Health Research Ethics Leslie Meltzer Henry, University of Maryland Carey School of Law, Just Compensation: Taking Research-Related Injuries Out of the Litigation Lottery Meg Larkin, National Institutes of Health Department of Bioethics, What Should Count as a Research Related Injury? Creating an Ethically Justified Framework for Compensation of Research Related Injuries Roberta M. Berry, Georgia State University College of Law & Georgia Tech, Neuroscience and Military Enhancement: Toward a Normative and Regulatory Framework Efthimios Parasidis, Ohio State University, The Military Biomedical Complex: How National Security Impacts Military Medicine and Research Margaret Riley, University of Virginia, Proposed Revision to the Common Rule for the Protection of Human Subjects in the Behavioral & Social Sciences Conceptualizing Public Health Law to Meet Future Challenges Moderator: Heather McCabe, Indiana University Jason Smith, California State University East Bay, The Future of Public Health Law Jurisprudence Lance Gable, Wayne State University Law School, The Future of Public Health Law Research Benjamin Mason Meier, University of North Carolina at Chapel Hill, Connecting the Threads: Conceptualizing Public Health Law to Meet Future Challenges
11:45 – 1:15 Lunch & Keynote Presentation: Elisabeth Rosenthal, The New York Times
1:15 – 1:30
Break
1:30 – 3:00
Concurrent Sessions 2A Mobile Health Glenn Cohen, Harvard Law School, Big Data and Clinical Decision Support Fazal Khan, University of Georgia School of Law, Legal Barriers to Mobile Health: It Is Not Just the FDA Frank Pasquale, University of Maryland Carey School of Law, Optimal Interoperability: The Case of Mobile Health and Digitized Health Records Nicolas Terry, Indiana University McKinney School of Law, Applying Disruption Theory to Mobile Health 2B Promoting the Public’s Health: Challenges and Innovations in Legal and Regulatory Approaches Scott Burris, Temple University Beasley School of Law, Robert Wood Johnson Foundation Public Health Law Research Program Renee M. Landers, Suffolk University Law School, Ideology v. Impact: A Critique of Judicial Responses to Challenges to Public Health Initiatives Lance Gable, Wayne State University Law School, Conceptualizing Public Health Law to Meet Future Challenges Efthimios Parasidis, Ohio State University Moritz College of Law & the College of Public Health, Qualified Health Claims for Food and Dietary Supplements: Examining Legal Challenges and Overcoming Regulatory Hurdles Leo Beletsky, Northeastern University School of Law & Bouvé College of Health Sciences, The Public Health Legacy of Citizens United 2C Insurance Issues Christopher Robertson, University of Arizona, Scaling Health Insurance CostSharing to Wages Margaux J. Hall, Columbia Law School, A Fiduciary Theory of Health Entitlements Jessica L. Roberts, University of Houston Law Center, Privatization of Health Policy Matthew J.B. Lawrence, Harvard Law School, Against Process in the Administration of Healthcare 2D Global Health Christina Ho, Rutgers School of Law, The Washington Consensus v. The Beijing Consensus: Does the Dichotomy Exist in Health Development Assistance to Africa? Benjamin Mason Meier, University of North Carolina at Chapel Hill, International Legal Accountability through UN Treaty Bodies: Examining Human Rights Treaty Monitoring for Water and Sanitation Hevia Martin, Universidad Torcuato Di Tella (Argentina), Dignity and Reproductive Rights in Latin America: Anencephaly as a Legal Ground for Early Termination of Pregnancy Ammar Alrefaei, King Abdulaziz University – Jeddah (Saudi Arabia), Financing Health Care Services in Saudi Arabia: Problems and Solutions. A Comparative Legal Study 2E Issues in Liability Barry R. Furrow, Drexel University School of Law, What’s Left of Liability?
Robert I. Field, Drexel University School of Law and School of Public Health, The Malpractice “Crisis” at 180: New Ways of Thinking About a Perennial Phenomenon Myungho Paik, Northwestern University, School of Law, Do Doctors Practice Defensive Medicine, Revisited Elizabeth Weeks Leonard, University of Georgia, Healthism in the Courts 3:00 – 3:15
Break
3:15 – 4:45
Concurrent Sessions 3A Race & Science Deleso Alford, Florida A&M University College of Law, Institutional Responsibility and the Forgotten Women of the U.S. Public Health Service Syphilis Study at Tuskegee Dayna Bowen Matthew, University of Colorado Law School, The Social Science of Race in Medicine: Empirical Evidence of Inequality And What To Do About It Seema Mohapatra, Barry University Dwayne O. Andreas School of Law, Frozen Out: Racial Disparities in Fertility Preservation Osagie Obasogie, University of California, Hastings College of the Law, Race as a Risk Factor 3B Report from the Front: The Robert Wood Johnson Foundation Scholars in Residence Pilot Program Moderator, Fran Miller, Boston University School of Law and University of Hawaii at Manoa Jennifer Bard, Texas Tech University, Balancing Private Property Right & Public Health Needs in the Control of Nuisance Vectors: How to Keep the Bed Bugs from Biting Mary Crossley, University of Pittsburgh Law School, The ACA’s Community Health Needs Assessment Requirement for Tax-exempt Hospitals: A Stimulus for Collaboration between Hospitals and Health Departments? Sharona Hoffman: Case Western University Law School, Regulating Home Care Agencies Browne Lewis, Cleveland Marshall School of Law, Regulating the Sale and Marketing of Small Cigars 3D Innovation in Health Law Teaching Joan Krause, University of North Carolina School of Law, Designing a Joint Course for JD and MD Students Richard Saver, University of North Carolina School of Law & School of Medicine, Designing a Joint Course for JD and MD Students Lauren Flicker, Montefiore Einstein Center for Bioethics, Building on the Expertise in the Room: Legal Education for a Multidisciplinary Student Body Kevin Outterson, Boston University School of Law, Teaching Fraud and Abuse Laws Through the Lens of Fiduciary Duties Heather McCabe, Indiana University, Public Health Law as an Essential Partner in Interprofessional Health Education 3E Genomics Issues Max Mehlman, Case Western Reserve University School of Law, ELSI Issues in the Use of Genomic Science by the Military
Jalayne J. Arias, Cleveland Clinic Department of Bioethics NeuroEthics Program, The Growth and Gaps of Data Sharing Policies Barbara J. Evans, Center on Biotechnology & Law at University of Houston Law Center, Next-Generation Genetic Exceptionalism after Association for Molecular Pathology v. Myriad Genetics 4:45 – 5:00
Break
5:00 – 7:00
Movie Happy Hour with Special Advance Showing of “Fed Up”
7:00 – 9:00
Dinner: “A Taste of San Francisco” Presentation of the Jay Healey Teaching Award
SATURDAY, JUNE 7th 8:30 – 9:00
Breakfast
9:00 – 10:30 Concurrent Sessions 4A Debating Return of Results and Incidental Findings in Research & Clinical Care Henry Greely, Stanford University, The Rising Tide of Incidental Findings Elizabeth Pike, Presidential Commission for the Study of Bioethical Issues, The Presidential Commission Report: Next Steps Benjamin Berkman, National Institutes of Health Department of Bioethics, A Framework for Analyzing the Ethics of Disclosing Genetic Research Findings Dena Davis, Lehigh University, Predictive Incidental Findings: Offering Bad News Susan M. Wolf, University of Minnesota, Return of Results and Incidental Findings: A Fundamental Challenge to the Structure of Health Law & Bioethics 4B Medicaid & The ACA Theodore W. Ruger, Penn Law School, Dynamic Federalism in Medicaid Expansion Abbe Gluck, Yale Law School, Dynamic Federalism in Medicaid Expansion Nicole Huberfield, University of Kentucky College of the Law, Dynamic Federalism in Medicaid Expansion Kate Greenwood, Seton Hall University School of Law, Early Lessons from New Jersey's Nascent Medicaid Accountable Care Demonstration Project Laura Hermer, Hamline University School of Law, Just Muddling Along: Medicaid Long Term Services and Supports for the Elderly Under the Affordable Care Act 4C Public Health Paternalism, Autonomy, and Equity Peter D. Jacobson, University of Michigan, Changing the Culture of Health: One Public Health Misstep at a Time. Wendy E. Parmet, Northeastern University, Parsing the Paternalism Critique: Public Health Law, Self-Governance, and the Role of the Administrative State Micah Berman, Ohio State University Manipulation, Autonomy, and the First Amendment Lindsay F. Wiley, American University, The Social Justice Case Against Paternalism
4D
4E
Moral Issues in the Practice of Medicine Teneille R. Brown, University of Utah S.J. Quinney College of Law, (False) Hope At All Costs Roy Spece, University of Arizona James E. Rogers College of Law, Would Disclosures of Conflicts of Interest Change Patients’ Decisions and, If so, Would that Make Them Material Information? Kelly Dineen, Saint Louis University, Moral Disengagement of Providers and the Inadequate Treatment of Pain Jessie Hill, Caster Western Law School, Casey Meets the Crisis Pregnancy Centers: Compelled Speech, Commercial Speech, and Abortion Informed Consent Laws Zack Buck, Mercer University School of Law, Enforcement Disorder: The Case for Rethinking Health Care Fraud Regulation in an Era of Overtreatment Race Disparities under the ACA Gwendolyn Majette, Cleveland-Marshall College of Law, Global Health Law Norms: A Coherent Framework to Understand PPACA's Approach to Eliminate Health Disparities and Address Implementation Challenges Brietta Clark, Loyola Law School, Reducing Health Disparities through Improved Health Literacy: New Opportunities under the PPACA Ruqaiijah Yearby, Case Western Reserve University School of Law, Racial Disparities in Access to Health Care: The Business of Health Care under the PPACA
10:30 – 10:45 Break 10:45 – 12:15 Concurrent Sessions 5A From Moore to Myriad and Beyond Linda MacDonald Glenn, Institute for Ethics and Emerging Technologies, Alden March Bioethics Institute at Albany Medical Center, California State University Monterey Bay, Person(s) of Interest: Extending the Boundaries Sara Gordon, University of Nevada Las Vegas, What Jurors Want to Know: Motivating Juror Cognition to Increase Legal Knowledge & Improve DecisionMaking John T. Niman, University of Nevada Las Vegas, Cyborg By Choice: Human Enhancement and Cosmetic Surgery Bryn Esplin, University of Nevada Las Vegas and Clinic Lou Ruvo Center for Brain Health, The Legal and Medical Ethics of Conversion Therapy: Can Neuroscience Shock the Conscience? 5B Issues for the Medical Professions Jessica Mantel, University of Houston, A Reluctant Defense of Physicians' Dual Duty of Care: Balancing Patient's Needs With Society's Interests Diane Hoffmann, University of Maryland Francis Carey School of Law, Expanding Access to Health Care: Reconfiguring Scope of Practice Boundaries Bruce D. White, Alden March Bioethics Institute at Albany Medical College, The Illusion and Commercialization of Physician Charity Care Nicholas Bagley, University of Michigan, Medicine as a Public Calling Marshall B. Kapp, Florida State University College of Medicine and College of Law, Making Medical Practice More Rational: Does the Law Help or Hurt?
5C
5D
5E
Update on At-Risk Populations: Mental and Physical Disability, Sexual Orientation and Veterans Status Elizabeth Pendo, Saint Louis University School of Law, Physical Disability Jennifer S. Bard, Texas Tech University School of Law, Obesity Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center, Veterans Alicia Ouellette, Albany Law School, Sexual Orientation Stacey Tovino, University of Nevada, Las Vegas, William S. Boyd School of Law, Mental Disability Health Markets Bruce Simon, Pearson, Simon & Warshaw, LLP, From the Civil Litigation Perspective: Challenges Associated with the Impenetrability of Health Care Erin Fuse Brown, Georgia State University School of Law, Irrational Hospital Pricing Melissa M. Goldstein, George Washington University School of Public Health and Health Services, Patient as Consumer: Empowerment or Commodification Jaime S. King, UC, Hastings College of the Law, Clarifying Costs: Healthcare Pricing and Provider Power Susan Channick, California Western School of Law, The Effects of ACA Incentives for Coordinating Health Care Delivery on Provider Consolidation and the Costs of Health Care Give the People What They Want? FDA Regulation and Public Demand Nadia N. Sawicki, Loyola University Chicago School of Law, Medicalization of Recreational Drugs: Public Perception and Federal Inaction Linda C. Fentiman, Pace University School of Law, Public Protection and Private Markets: Do We Need Regulation of the Emerging Markets in Human Milk? Carrie Griffin Basas, Saint Joseph's College of Maine, FDA-Mandated Vegetarian Food Labeling Valerie Gutmann Koch, IIT Chicago-Kent College of Law and University of Chicago MacLean Center for Clinical Medical Ethics, FDA vs. 23andMe: Oversight of a Medical Device or Overreach of a Recreational Product?
12:15 – 1:15 Lunch & Passing of the Torch 1:15 – 2:15
Mini Concurrent Sessions 6A Bioethics Update Paul Lombardo, Georgia State University College of the Law Judith Daar, Whittier Law School and UCI School of Medicine 6B Communicable Disease Kuei-Jung Ni, National Chiao Tung University and Harvard Law School, FDA and Uncertain Health Risks: The Prospect of Regulating Veterinary Drugs in Feeding Food Animal (antimicrobial resistance problem) Robert Gatter, Saint Louis University Center for Health Law Studies, Implications of the Surge in New Influenza Types Infecting Humans Michael Greenberger, University of Maryland Center for Health and Homeland Security, Vaccine Strategy and the Rise in New Influenza Strains 6C Race & Biotech Michele Goodwin, University of Minnesota, Biotech Commodification
6D
6E
Lisa Ikemoto, UC Davis, Genetics, Race, and Biomedical Individualism Effect of Medical Malpractice on Healthcare Quality Brian Chen, Stanford University Asia Health Policy Program and Center for East Asian Studies, Increased Perception of Malpractice Liability and the Practice of Defensive Medicine Bernard Black, Northwestern University School of Law and Kellogg School of Management, The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform Intellectual Property W. Nicholson Price II, Harvard Law School, Transformational Personalized Medicine: Innovation, Incentives, and Regulation Yaniv Heled, Georgia State University College of Law, Patent Substitutes in Biomedical Technology: Regulatory Competitive Shelters
2:15 – 2:30
Break
2:30 – 4:00
Concurrent Sessions 7A Child Trafficking, Health Care, and the Role of Lawyers Jonathan Todres, Georgia State University College of Law, Preventing, Identifying, and Responding to Child Trafficking: What We Know Today Tonya Chaffee, University of California San Francisco Department of Pediatrics, The Health Care Provider’s Role in Identifying and Responding to the Commercial Sexual Exploitation of Minors Kimberly S.G. Chang, Frank Kiang Medical Center, Asian Health Services, Commercially Sexually Exploited Children: A Primary Care and Community Health Center Approach Lisa Ikemoto, UC Davis, Responding to Child Trafficking: Challenges and Opportunities for the Legal System 7B FDA Regulation Katherine T. Vukadin, Thurgood Marshall School of Law at Texas Southern University, Side Effects: Why the Failure-to-Warn Inquiry Must Recognize the Real Impact of Pharmaceutical Marketing on the Physician's Decision to Prescribe David Kwok, University of Houston Law Center, Pharmaceutical Off-Label Marketing and Fair Competition Through a Theory of Restitution & Unjust Enrichment Bob Bohrer, California Western School of Law, Pharmaceutical Marketing and Drug Development Kayte Spector-Bagdady, Presidential Commission for the Study of Bioethical Issues, Consuming Genomics: Regulating Direct to Consumer Genomic & Genetic Information Jordan Paradise, Seton Hall University School of Law, Is One of These Things Not Like the Other?: Assessing Unique Identifiers and Automatic Substitution for Biological Products 7C Medical-Legal Partnerships & Experiential Learning Carol Suzuki, University of New Mexico, Understanding the Training Landscape and How MLP Education Addresses Health Disparities
7D
7E
Yvonne Troya, University of California Hastings College of the Law, Responding to the Needs of an Aging Population: The Medical-Legal Partnership for Seniors Courtney Anderson, Health Equity & Experiential Learning Dhrubajyoti “Dru” Bhattacharya, Loyola University Chicago, Utilizing MedicalLegal Partnerships as a Locus of Empirical Health Law Research Issues in Bioethics Evelyn M. Tenenbaum, Albany Law School, Legal and Ethical Issues Related to Paired Kidney Donation and NEAD Chains Seema K. Shah, National Institutes of Health Department of Bioethics, Brain Death and the Limits of Legal Fictions Kristen Underhill, Yale Law School, Crowd Control: Extrinsic Incentives and Motivational Crowding-Out in Health Law and Policy Joan Gilmour, York University Osgoode Hall Law School, Decision-Making About Withdrawing Life-Sustaining Treatment in Canada Joanna K. Weinberg, University of California Hastings College of the Law, Institutional Ethics Committees and the Question of Training: Bioethics, Policy and Law Vaccination Controversies Robert Schwartz, University of New Mexico School of Law, Legal Tools for Promoting Vaccination Lois Weithorn, University of California, Hastings College of the Law, Mandatory Childhood Immunization Policies: Legal Justifications and Challenges Dorit Reiss, University of California, Hastings College of the Law, Tort Liability & Vaccine Refusal Daniel G. Orenstein, Sandra Day O’Connor College of Law at Arizona State University, Vaccination Policy Update: New Approaches to Old Problems Ross D. Silverman, Indiana University, Vaccine Law & Ethics: Public, Health, Politics, and Trust
Close of Conference
