30 found
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  1.  7
    Public Health and Health Care: Integration, Disintegration, or Eclipse.Peter D. Jacobson & Wendy E. Parmet - 2018 - Journal of Law, Medicine and Ethics 46 (4):940-951.
    Many observers have argued that the US health care system could be more efficient, and achieve better outcomes if providers focused more on improving the community's health, not just the welfare of individual patients. The passage of the Affordable Care Act in 2010 seemed to herald the promise of such reforms, and greater integration of the health care and public systems. In this article, we reassess the quest for integration, a quest we call the “integration project.” After examining the modest (...)
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  2.  7
    Looking Ahead: Addressing Ethical Challenges in Public Health Practice.Nancy M. Baum, Sarah E. Gollust, Susan D. Goold & Peter D. Jacobson - 2007 - Journal of Law, Medicine and Ethics 35 (4):657-667.
    In recent years, scholars have begun to lay the groundwork to justify a distinct application of ethics to the field of public health. They have highlighted important features that differentiate public health ethics from bioethics, especially public health’s emphasis on population health rather than issues of individual health. Articulations of public health ethics also tend to emphasize the role of social justice compared to the predominance of autonomy in the bioethical literature. Now that the field of public health ethics is (...)
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  3.  6
    Looking Ahead: Addressing Ethical Challenges in Public Health Practice.Nancy M. Baum, Sarah E. Gollust, Susan D. Goold & Peter D. Jacobson - 2007 - Journal of Law, Medicine and Ethics 35 (4):657-667.
    Ethical challenges in public health can have a significant impact on the health of communities if they impede efficiencies and best practices. Competing needs for resources and a plurality of values can challenge public health policymakers and practitioners to make fair and effective decisions for their communities. In this paper, the authors offer an analytic framework designed to assist policymakers and practitioners in managing the ethical tensions they face in daily practice. Their framework is built upon the following set of (...)
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  4.  14
    Co-Opting the Health and Human Rights Movement.Peter D. Jacobson & Soheil Soliman - 2002 - Journal of Law, Medicine and Ethics 30 (4):705-715.
    Public health is concerned with how to improve the population’s health. At times, though, actions to improve the community’s health may collide with individual civil rights. For example, a public health response to a bioterrorism attack, such as smallpox, may require relaxing an individual’s due process protections to prevent the smallpox from spreading. This tension lies at the heart of public health policy. It also must be considered in discussing the concept of human rights in health.Proponents of incorporating the concept (...)
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  5.  11
    Co-Opting the Health and Human Rights Movement.Peter D. Jacobson & Soheil Soliman - 2002 - Journal of Law, Medicine and Ethics 30 (4):705-715.
    Public health is concerned with how to improve the population’s health. At times, though, actions to improve the community’s health may collide with individual civil rights. For example, a public health response to a bioterrorism attack, such as smallpox, may require relaxing an individual’s due process protections to prevent the smallpox from spreading. This tension lies at the heart of public health policy. It also must be considered in discussing the concept of human rights in health.Proponents of incorporating the concept (...)
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  6.  20
    Litigation as Public Health Policy: Theory or Reality?Peter D. Jacobson & Soheil Soliman - 2002 - Journal of Law, Medicine and Ethics 30 (2):224-238.
    An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy (...)
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  7.  10
    The Michigan BioTrust for Health: Using Dried Bloodspots for Research to Benefit the Community While Respecting the Individual.Denise Chrysler, Harry McGee, Janice Bach, Ed Goldman & Peter D. Jacobson - 2011 - Journal of Law, Medicine and Ethics 39 (s1):98-101.
    The Michigan Department of Community Health stores almost 4 million dried blood spot specimens in the Michigan Neonatal Biobank. DBS are collected from newborns under a mandatory public health program to screen for serious conditions. At 24 to 36 hours of age, a few drops of blood are taken from the baby’s heel and placed on a filter paper card. The card is sent to the state public health laboratory for testing. After testing, MDCH retains the spots indefinitely for the (...)
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  8.  8
    Defending Public Health Regulations: The Message Is the Medium.Peter D. Jacobson & Wendy E. Parmet - 2014 - Hastings Center Report 44 (1):4-6.
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  9.  8
    Collaborating for Health: Health in All Policies and the Law.Dawn Pepin, Benjamin D. Winig, Derek Carr & Peter D. Jacobson - 2017 - Journal of Law, Medicine and Ethics 45 (s1):60-64.
    This article introduces and defines the Health in All Policies concept and examines existing state legislation, with a focus on California. The article starts with an overview of HiAP and then analyzes the status of HiAP legislation, specifically addressing variations across states. Finally, the article describes California's HiAP approach and discusses how communities can apply a HiAP framework not only to improve health outcomes and advance health equity, but also to counteract existing laws and policies that contribute to health inequities.
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  10.  17
    Assessing Laws and Legal Authorities for Obesity Prevention and Control.Lawrence O. Gostin, Jennifer L. Pomeranz, Peter D. Jacobson & Richard N. Gottfried - 2009 - Journal of Law, Medicine and Ethics 37 (s1):28-36.
    Law is an essential tool for public health practice, and the use of a systematic legal framework can assist with preventing chronic diseases and addressing the growing epidemic of obesity.The action options available to government at the federal, state, local, and tribal levels and its partners can help make the population healthier by preventing obesity and decreasing the growing burden of associated chronic diseases such as cardiovascular disease and Type 2 diabetes. The Centers for Disease Control and Prevention uses the (...)
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  11.  3
    Litigation as Public Health Policy: Theory or Reality?Peter D. Jacobson & Soheil Soliman - 2002 - Journal of Law, Medicine and Ethics 30 (2):224-238.
    An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy (...)
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  12.  6
    The Michigan BioTrust for Health: Using Dried Bloodspots for Research to Benefit the Community While Respecting the Individual.Denise Chrysler, Harry McGee, Janice Bach, Ed Goldman & Peter D. Jacobson - 2011 - Journal of Law, Medicine and Ethics 39 (s1):98-101.
    The Michigan Department of Community Health stores almost 4 million dried blood spot specimens in the Michigan Neonatal Biobank. DBS are collected from newborns under a mandatory public health program to screen for serious conditions. At 24 to 36 hours of age, a few drops of blood are taken from the baby’s heel and placed on a filter paper card. The card is sent to the state public health laboratory for testing. After testing, MDCH retains the spots indefinitely for the (...)
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  13.  15
    Improving Information on Public Health Law Best Practices for Obesity Prevention and Control.Susan R. Tortolero, Karyn Popham & Peter D. Jacobson - 2009 - Journal of Law, Medicine and Ethics 37 (s1):99-109.
    This paper is the companion to “Assessment of Information on Public Health Law Best Practices for Obesity Prevention and Control,” and the fourth of four action papers produced as part of the National Summit on Legal Preparedness for Obesity Prevention and Control, convened June 2008 by the Centers for Disease Control and Prevention, the Robert Wood Johnson Foundation, and the American Society for Law, Medicine Ethics. The four action papers present options to address gaps in the four core elements of (...)
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  14.  15
    Improving Information on Public Health Law Best Practices for Obesity Prevention and Control.Susan R. Tortolero, Karyn Popham & Peter D. Jacobson - 2009 - Journal of Law, Medicine and Ethics 37 (s1):99-109.
    This paper is the companion to “Assessment of Information on Public Health Law Best Practices for Obesity Prevention and Control,” and the fourth of four action papers produced as part of the National Summit on Legal Preparedness for Obesity Prevention and Control, convened June 2008 by the Centers for Disease Control and Prevention, the Robert Wood Johnson Foundation, and the American Society for Law, Medicine Ethics. The four action papers present options to address gaps in the four core elements of (...)
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  15.  9
    Assessing Laws and Legal Authorities for Obesity Prevention and Control.Lawrence O. Gostin, Jennifer L. Pomeranz, Peter D. Jacobson & Richard N. Gottfried - 2009 - Journal of Law, Medicine and Ethics 37 (s1):28-36.
    Law is an essential tool for public health practice, and the use of a systematic legal framework can assist with preventing chronic diseases and addressing the growing epidemic of obesity.The action options available to government at the federal, state, local, and tribal levels and its partners can help make the population healthier by preventing obesity and decreasing the growing burden of associated chronic diseases such as cardiovascular disease and Type 2 diabetes. The Centers for Disease Control and Prevention uses the (...)
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  16.  60
    Improving the Population's Health: The Affordable Care Act and the Importance of Integration.Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson & Lawrence O. Gostin - 2011 - Journal of Law, Medicine and Ethics 39 (3):317-327.
    Despite evidence indicating that public health services are the most effective means of improving the population's health status, health care services receive the bulk of funding and political support. The recent passage of the Affordable Care Act, which focused on improving access to health care services through insurance reform, reflects the primacy of health care over public health. Although policymakers typically conceptualize health care and public health as two distinct systems, gains in health status are most effectively and cost-efficiently achieved (...)
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  17.  12
    Improving the Population's Health: The Affordable Care Act and the Importance of Integration.Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson & Lawrence O. Gostin - 2011 - Journal of Law, Medicine and Ethics 39 (3):317-327.
    Heath care and public health are typically conceptualized as separate, albeit overlapping, systems. Health care’s goal is the improvement of individual patient outcomes through the provision of medical services. In contrast, public health is devoted to improving health outcomes in the population as a whole through health promotion and disease prevention. Health care services receive the bulk of funding and political support, while public health is chronically starved of resources. In order to reduce morbidity and mortality, policymakers must shift their (...)
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  18.  7
    The Role of the Courts in Shaping Health Policy: An Empirical Analysis.Peter D. Jacobson, Elizabeth Selvin & Scott D. Pomfret - 2001 - Journal of Law, Medicine and Ethics 29 (3-4):278-289.
    The transformation of health-care delivery from fee-for-service medicine to managed care represents a fundamental philosophical shift away from the prevailing medical ethos that the needs of the individual patient take precedence over competing social values, such as reducing health-care costs. In managed care, financial incentives to reduce health-care utilization may result in denying an individual’s claim for medical services.Litigation challenging managed care’s resource allocation decisions often presents the need to resolve conflicting social policy goals, such as the tension between an (...)
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  19.  6
    The Role of the Courts in Shaping Health Policy: An Empirical Analysis.Peter D. Jacobson, Elizabeth Selvin & Scott D. Pomfret - 2001 - Journal of Law, Medicine and Ethics 29 (3-4):278-289.
    The transformation of health-care delivery from fee-for-service medicine to managed care represents a fundamental philosophical shift away from the prevailing medical ethos that the needs of the individual patient take precedence over competing social values, such as reducing health-care costs. In managed care, financial incentives to reduce health-care utilization may result in denying an individual’s claim for medical services.Litigation challenging managed care’s resource allocation decisions often presents the need to resolve conflicting social policy goals, such as the tension between an (...)
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  20.  3
    Health Law 2005: An Agenda.Peter D. Jacobson - 2005 - Journal of Law, Medicine and Ethics 33 (4):725-738.
    In 2004, the journal Health Matrix published a very interesting symposium volume titled “The Field of Health Law: Its Past and Future. As the title implies, the various commentators took both a retrospective and a prospective look at past trends and future prospects in health law. Some, including Clark Havighurst, Skip Rosoff and Walter Wadlington, wrote thoughtful essays on the development of health law over time and the implications of those trends. Others, including Rob Schwartz, Jim Blumstein, Rand Rosenblatt, and (...)
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  21.  12
    Learning From the Flint Water Crisis: Restoring and Improving Public Health Practice, Accountability, and Trust.Colleen Healy Boufides, Lance Gable & Peter D. Jacobson - 2019 - Journal of Law, Medicine and Ethics 47 (S2):23-26.
    The Flint water crisis demonstrates the importance of adequate legal preparedness in dealing with complicated legal arrangements and multiple statutory responsibilities. It also demonstrates the need for alternative accountability measures when public officials fail to protect the public's health and explores mechanisms for restoring community trust in governmental public health.
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  22.  11
    Assessing Information on Public Health Law Best Practices for Obesity Prevention and Control.Peter D. Jacobson, Susan C. Kim & Susan R. Tortolero - 2009 - Journal of Law, Medicine and Ethics 37 (s1):55-61.
    In 2008, Representative John Read of Mississippi recently co-sponsored state legislation that would ban restaurants from serving obese customers. He later admitted that the bill was a publicity stunt,meant to “shed a little light on the number one problem in Mississippi.” Although controversial, Read’s bill exemplifies both the current perception of obesity as a national public health problem and the general sentiment underlying the types of interventions that are being considered to address this issue. The proposed legislation also demonstrates how (...)
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  23.  2
    Assessing Information on Public Health Law Best Practices for Obesity Prevention and Control.Peter D. Jacobson, Susan C. Kim & Susan R. Tortolero - 2009 - Journal of Law, Medicine and Ethics 37 (s1):55-61.
    In 2008, Representative John Read of Mississippi recently co-sponsored state legislation that would ban restaurants from serving obese customers. He later admitted that the bill was a publicity stunt,meant to “shed a little light on the number one problem in Mississippi.” Although controversial, Read’s bill exemplifies both the current perception of obesity as a national public health problem and the general sentiment underlying the types of interventions that are being considered to address this issue. The proposed legislation also demonstrates how (...)
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  24. Health Law 2005: An Agenda.Peter D. Jacobson - 2005 - Journal of Law, Medicine and Ethics 33 (4):725-738.
    In 2004, the journal Health Matrix published a very interesting symposium volume titled “The Field of Health Law: Its Past and Future. As the title implies, the various commentators took both a retrospective and a prospective look at past trends and future prospects in health law. Some, including Clark Havighurst, Skip Rosoff and Walter Wadlington, wrote thoughtful essays on the development of health law over time and the implications of those trends. Others, including Rob Schwartz, Jim Blumstein, Rand Rosenblatt, and (...)
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  25.  3
    Teaching Health Law.Peter D. Jacobson - 2011 - Journal of Law, Medicine and Ethics 39 (2):285-290.
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  26.  2
    Teaching Health Law.Peter D. Jacobson - 2011 - Journal of Law, Medicine and Ethics 39 (2):285-290.
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  27.  1
    The Role of ERISA Preemption in Health Reform: Opportunities and Limits.Peter D. Jacobson - 2009 - Journal of Law, Medicine and Ethics 37 (s2):86-100.
    It should come as no surprise to any observer of health policy debates that the preemption provisions of the Employee Retirement Income Security Act will play a major role in determining the contours of any health reform initiative. For the past few years, many states have been aggressively pursuing health reform experiments, while congressional action has essentially been deadlocked along partisan political lines. Yet after the 2008 election results, there is reason to expect considerable congressional attention to health reform. President (...)
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  28.  16
    The Role of ERISA Preemption in Health Reform: Opportunities and Limits.Peter D. Jacobson - 2009 - Journal of Law, Medicine and Ethics 37 (s2):86-100.
    The Employee Retirement Income Security Act is a federal law regulating the administration of private employer-sponsored benefits including health benefits . In general, since the federal government has exercised its authority to preempt state regulation of the administration of private employer-sponsored health plans, states are blocked from enforcing laws interfering with ERISA. As many states pursue health care reform experiments, ERISA preemption becomes relevant as a potential limit on the scope and type of reforms states are able to enact. The (...)
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  29.  8
    Lawyers, Doctors, and the Future of Health CareStrangers in the Night: Law and Medicine in the Managed Care Era. [REVIEW]Mary Anderlik Majumder & Peter D. Jacobson - 2004 - Hastings Center Report 34 (1):42.
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  30.  10
    Adventures in Nannydom: Reclaiming Collective Action for the Public's Health.Lindsay F. Wiley, Wendy E. Parmet & Peter D. Jacobson - 2015 - Journal of Law, Medicine and Ethics 43 (S1):73-75.
    Each of us has written about the importance of reframing the debate over public health paternalism. Our individual explorations of the many and varied paths forward from libertarian “nanny state” objections to the “new public health” have been intimately informed by collaboration. This article represents a summary of our current thinking — reflecting the ground gained through many fruitful exchanges and charting future collaborative efforts.Our starting point is that law is a vitally important determinant of population health, and the interplay (...)
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