Event Calendar
July 2011
July 28, 1:00 p.m. - 2:00 p.m. EST
PHLA/ASLME/PHLN/PHLR Webinar: Concussions and Youth Sports: Can the law help prevent injury?
Presented by:
Kerri McGowan Lowrey, J.D., M.P.H., Daniel G. Larriviere, M.D., J.D., Hosea H. Harvey, Ph.D., J.D.
Description
Every year, almost half a million children visit emergency departments for head injuries, many of which are due to sports-related concussions. Concussion is a complex and serious brain injury resulting from trauma to the head. In the late 1990s, national sports leagues began instituting concussion policies for testing, treatment, and return to play. Now, NHL, MLB, and MLS, players are subject to these rules. However many schools and local youth sports organizations haven’t followed suit. What legal interventions are appropriate at this level to address the problem of sports-related concussions?
During this webinar, the physiology of concussions in young athletes will be explained, particularly focusing on the particular features of this injury that make it difficult to diagnose and pose unique challenges for treatment and recovery. Various legislative approaches to addressing concussions in youth sports will be discussed, including ethical and legal implications in implementation of such laws in rural and poorer communities. Additionally, this webinar will explore other plausible legal innovations to address the problem of sports-related concussions, and discuss gaps in current understanding of how law can help reduce harms associated with these injuries.
You may qualify for CLE credit. ASLME is an approved provider of continuing legal education credits in several states. ASLME will also apply for CLE credits in other states upon request.
Registration
This webinar is free and open to all interested parties. Public Health Law Research is hosting July’s webinar. Register for this event here. You must register by 2 p.m. ET on Tuesday, July 26. Information about webinar procedures will be distributed to all registrants before the event.
JUNE 2011
June 16, 1:00 p.m. - 2:00 p.m. EST
PHLA/ASLME/PHLN/PHLR Webinar: "Health Reform’s Impact on Comparative Effectiveness and Public Health Outcomes: Something Old Becomes New Again.
Presented by: Eleanor D. Kinney, J.D., M.P.H., Professor and Co-Director, William S. and Christine S. Hall Center for Law and Health, Indiana University School of Law and Priscilla Keith, J.D., M.S., Director of Research and Projects and Adjunct Professor, William S. and Christine S. Hall Center for Law and Health, Indiana University School of Law; Moderated by Daniel M. Fox, A.B., A.M, Ph.D., President Emeritus, Milbank Memorial Fund.
Comparative Effectiveness Research (CER) helps the medical and public health community make informed decisions that result in better health outcomes. The Patient Protection and Affordable Care Act (ACA) contains provisions that support the development of CER by authorizing the establishment of a nonprofit corporation known as the Patient-Centered Outcome Research Institute. The purpose of the Institute is to improve health outcomes by developing and disseminating evidence-based research about the effectiveness of different treatments and medicines. In addition, CER compares the health outcomes of different medical treatments, including healthcare intervention, medical devices, drugs and biologics. The question as this new initiative moves forward is: How will the era of health reform impact health outcomes, particularly, public health outcomes? This webinar will discuss CER and investigate this question.
You may qualify for CLE credit. ASLME is an approved provider of continuing legal education credits in several states. ASLME will also apply for CLE credits in other states upon request.
Listen to and watch the webinar
MAY 2011
May 19, 1:00 p.m. - 2:00 p.m. EST
PHLA/ASLME/PHLN/PHLR Webinar: "Fracking – Is It Just a Dirty Word?" Presented by: Josh Fox, filmmaker of documentary on fracking, “Gasland”, Conrad D. Volz, Dr.P.H., M.P.H., assistant professor of environmental & occupational health, University of Pittsburgh, John Quigley, M.P.A., principal, John H Quigley LLC.
Description
Hyrofracturing, or “fracking,” is a process for removing natural gas from rock formations deep beneath the earth’s surface. New approaches to fracking are raising significant questions about whether the process creates unreasonable risk to human and environmental health. The EPA is studying the impact of fracking on drinking water, which is just one of the health concerns raised by the process.
Public health and environmental advocates are urging policy-makers to employ the precautionary principle and prohibit fracking until the impact of the process is fully evaluated. Several states have considered, and some have passed, legislation regulating fracking or imposing a moratorium during a period of study. This webinar will examine the health hazards of fracking, policies to protect the public’s health from these risks and the reactions of the public health community.
Listen to and watch the webinar
MAY 2011
The American Bar Association's 21st Annual National Institute on Health Care Fraud
May 11-13, 2011 in Miami Beach, FL
View Program
APRIL 2011
April 21, 1:00 p.m. - 2:00 p.m. EST
PHLA/ASLME/PHLN/PHLR Webinar: "The ACA: What It Means for Local Health Departments." Presented by: Patrick Libbey, Public Health Consultant, Former Executive Director of the National Association of County and City Health Officials and former Director of the Thurston County Public Health and Social Services Department in Olympia, WA.
Description
Following up on February’s webinar that provided an overview of the Affordable Care Act’s population health provisions (at a broad level) and current litigation, April’s webinar will delve into the specific challenges and opportunities of ACA implementation for local health departments. Former NACCHO Executive Director Patrick Libbey will present during this hour-long webinar. Libbey has 28 years of local public health experience, including local health department experience as the director of the Thurston County Public Health and Social Services Department in Olympia, WA.
Please note that this webinar does not qualify for CLE credit. Future webinars in the series will continue to offer CLE credits.
Listen to and watch the webinar
MARCH 2011
March 17, 3:00 p.m. - 4:00 p.m. EST
PHLA/ASLME/PHLN/PHLR Webinar: "Role of the State Attorneys General in Public Health." Presented by: Arkansas Attorney General Dustin McDaniel, Lainie Rutkow, Assistant Professor, Johns Hopkins Bloomberg School of Public Health, and Julie Ralston Aoki, Staff Attorney, Public Health Law Center.
State Attorneys General, as chief legal officers of their state, can take a wide range of actions on behalf of the state or the public interest, through litigation and law enforcement, investigatory activities, issuing opinions and filing amicus briefs, engaging in consumer education, and law and policy reform work. The Attorneys General have successfully confronted public health issues such as end-of-life care, tobacco control, Medicaid fraud, hospital mergers, food labeling, firearms regulation and pharmaceutical marketing. Assistant attorneys general are also often involved in providing day-to-day legal advice and representation to state health departments and officials. In this webinar, three panelists will look at recent successful actions by the state Attorneys General and will explore other avenues and powers that the Attorneys General might utilize to address public health issues.
Listen to and watch the webinar
FEBRUARY 2011
February 24, 1:00 p.m. - 1:45 p.m. EST
PHLA/ASLME/PHLN/PHLR Virtual Seminar: "Public Health Provisions in the Affordable Care Act (ACA)," Peter D. Jacobson, J.D., M.P.H., President, Public Health Law Association (PHLA) and Professor of Health Law and Policy, University of Michigan School of Public Health, and Sarah Somers, J.D. Senior Attorney, National Health Law Program.
In this session, Jacobson and Somers examined the public health/population health provisions in the Affordable Care Act. They focused on the provision dealing with prevention and wellness, infrastructure, performance measures, and reducing health disparities. They also discussed the Act's limitations for public health and where we go from here. Following this discussion, Somers provided an overview of the litigation challenging the constitutionality of the individual mandate. The requirement for individuals to purchase health insurance is the core of the constitutional challenges now heading to the U.S. Supreme Court. The session's educational objectives were to outline the Act's contributions to public health/population health, assess the implications for public health attorneys and practitioners, and consider how to take advantage of the relevant provisions.
Peter D. Jacobson Presentation Slides (PDF)
Sarah Somers Presentation Slides (PDF)
MARCH 2010
March 16, 1:00 p.m. - 1:30 p.m. EST
PHLA/ASLME Virtual Seminar: "Firearm Laws Following Heller and McDonald: Public Health Implications," Jon Vernick, JD, MPH, Associate Professor, The Johns Hopkins Bloomberg School of Public Health
This Virtual Seminar, led by Associate Professor Jon Vernick, Johns Hopkins Bloomberg School of Public Health, began with a summary of the Heller (2008) and McDonald cases (argued 2010) in the U.S. Supreme Court. In Heller, the Supreme Court determined that the Second Amendment, while not unlimited, protects an individual right to keep and bear arms. The Court invalidated the District of Columbia’s handgun ban. In McDonald the Court considers whether the Second Amendment should be incorporated against the states through the Due Process or Privileges or Immunities clauses. A decision in McDonald is expected by early summer 2010. The effect on state and local gun control laws and the level of evidence required to uphold gun control laws are unclear. Answers may depend in part on the standard of constitutional review of individual rights via the 2nd Amdt, which was left undecided in Heller, as well the validity of existing and emerging research on public health and safety justifications underlying gun control laws and the effects of such laws on gun owners.
APRIL 2010
April 20, 1:00 p.m. - 1:30 p.m. EST
PHLA/ASLME Virtual Seminar: "Updates and Reforms to the HIPAA Privacy Rule from the American Recovery and Reinvestment Act," Sharona Hoffman, JD, LLM, Professor, Case Western Reserve University School of Law
This Virtual Seminar, led by Professor Sharona Hoffman, Case Western Reserve University School of Law, outlined reforms to the HIPAA Privacy Rule contained in the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). HITECH took effect in February 2010 and expands the Privacy Rule definition of “covered entity” to include business associates of covered entities but continues to exclude others who handle health information, such as employers. HITECH also establishes specific breach notification procedures for covered entities ( e.g. requiring patient notification within 60 calendar days). The Act enhances the enforcement powers of the Department of Health & Human Services. The amounts of civil fines have been increased, and fines are now based on three different levels of culpability. Additionally, State Attorney General Offices may bring civil actions on behalf of residents; however no private cause of action for HIPAA Privacy Rule violations is available. The Act also allows patients who pay out of pocket for a service to prohibit its disclosure to insurance companies and provides further details concerning patients’ right to request an accounting of disclosures.
MAY 2010
May 19, 1:00 p.m. - 1:30 p.m. EST
PHLA/ASLME Virtual Seminar: "Seattle City- King County Regulation: Calorie Labeling on Restaurant Menus," In partnership with Susan Allan, MD, JD, MPH, Director, Northwest Center for Public Health Practice, Associate Professor, Department of Health Services
This Virtual Seminar, moderated by Susan Allan, MD, JD, MPH, Director of the Northwest Center for Public Health Practice & Associate Professor, Department of Health Services, University of Washington, reviewed the legal authority, implementation process, and empirical evidence supporting calorie labeling on restaurant menus. Amy Eiden, Deputy Prosecuting Attorney, King County (WA), discussed state legal authority allowing King County to implement and enforce regulations requiring restaurants with 15 or more locations nationally and at least 1 location in King County to post calorie information on their menus and menu boards. Dennis Worsham, Regional Health Officer, Public Health – Seattle King County, talked about implementation processes leading to the approval of the regulations. While planning began in 2006, the first regulation was not issued until July 2007. Negotiations with the Washington State Restaurant Association lead to alternative placement options in April 2008. The regulation became effective in January 2009. King County environmental health food inspectors are responsible for enforcement, and thus far there has been a 91% compliance rate among applicable restaurants. Christina Roberto, Researcher, Rudd Center for Food Policy and Obesity, Yale University examined the empirical basis for menu labeling nationally. One study showed no difference in eating patterns among low income communities. Another larger study found that consumers ordered lower calorie options after menu labeling took effect, a result confirmed by a third study showing the average calories per order decreased following implementation of calorie labeling. A final study found that anchor statements of the average daily total caloric consumption by adults caused consumers to eat less later in the day as well.
JUNE 2010
June 15, 1:00 p.m. - 1:30 p.m. EST
PHLA/ASLME Virtual Seminar: "LGBT Health and the Law: A Human Rights Perspective," Marice Ashe JD, MPH, Director, Public Health Law & Policy, Oakland, CA, Quang "Q" Dang, JD, Legal Technical Assistance Director, Public Health Law & Policy, Oakland, CA, George Ayala, PsyD, Executive Officer, Global Forum on MSM and HIV, Oakland, CA.
This Virtual Seminar, introduced by Marice Ashe, JD, MPH, Director, Public Health Law & Policy (www.phlpnet.org), featured Quang “Q” Dang, JD, Legal Technical Assistance Director, Public Health Law & Policy and George Ayala, PsyD, Executive Officer, Global Forum on MSM and HIV (www.msmgf.org), highlighted the public health impact of discriminatory laws affecting LGBT people. Using the recent persecution of a Malawi same-sex couple and a case-study of the effect of punitive LGBT laws in the Caribbean on HIV/AIDS prevalence, the speakers demonstrated that repressive laws impinge on LGBT human rights worldwide and also adversely impact public health by deterring health-seeking behavior, permitting disparate treatment by providers, hindering prevention efforts through censorship, and underfunding research for undercounted populations. The domestic legal landscape is more favorable, partly because Lawrence v. Texas ruled sodomy laws unconstitutional, however institutional discrimination still exists, notably vis-à-vis marriage inequality, military service, adoption, lack of discrimination protections, and transgender rights. The speakers emphasized the importance of efforts to continue studying the correlation between these laws and the physical and psychological health of LGBT people.
JULY 2010
July 9, 1:00 p.m. - 1:30 p.m. EST
PHLA/ASLME Virtual Seminar: "Distracted Driving: Public Health Meets the Technological Imperative," Peter D. Jacobson, JD, MPH, Professor of Health Law and Policy, Director, Center for Law, Ethics, and Health, University of Michigan School of Public Health
This Virtual Seminar, led by Peter Jacobson, Professor of Health Law and Policy, Director, Center for Law, Ethics, and Health, University School of Public Health, addressed the current public health and legal environment of distracted driving laws. Professor Jacobson highlighted the empirical bases for legal interventions designed to reduce the morbidity and mortality consequences from distracted driving. He noted that distracted driving laws would likely be held up against constitutional challenges, particularly privacy challenges. Additionally, Professor Jacobson commented on emerging technologies, such as Internet access, that automobile manufacturers are now testing and may soon be available as factory-installed equipment. Since state legislation to restrict the use of advanced technologies in car manufacturing may not be valid under the Commerce Clause, congressional action to limit technologies that will exacerbate distracted driving may be necessary. Jacobson also called for public health education campaigns to inform drivers about the dangers distracted driving pose to the public's health. The Seminar demonstrated the importance of the legal environment and cultural norms in shaping public safety relating to distracted driving.
AUGUST 2010
August 24, 1:00 p.m. - 1:30 p.m. EST
PHLA/ASLME Virtual Seminar: "Providing Newborn Screening Specimens for Research: Legal Issues Faced by State Health Departments," Denise Chrysler, JD, Public Health Legal Director, Michigan Department of Community Health
This Virtual Seminar, led by Denise Chrysler, Public Health Legal Director, Michigan Department of Community Health, addressed the legal issues faced by state health departments regarding the use of newborn screening specimens (namely dried blood spots) for research. Ms. Chrysler highlighted a series of relevant legal issues, including: the ownership and control of tissues, consent for the use of tissue in research, and privacy concerns. She also discussed various legal policies in place, or soon to be in place, in Michigan to illustrate the legal complexities of using newborn samples stored for public health purposes. By October 1, 2010, for example, Michigan's birthing hospitals will request informed consent from parents to allow the use of their child's blood spots in research. Ms. Chrysler provided the following materials with her Seminar: (1) Outline/Resource Guide; (2) Michigan Informed Consent; and (3) Michigan BioTrust Informed Consent Booklet.