Patients with Passports: Medical Tourism, Law, and Ethics

Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments. In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient's home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.

Medical Books

Cohen, I. Glenn

Administration & Medicine Economics

Oxford University Press

The Globalization of Health Care is the first book to offer a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. It ties together the manifestation of this globalization in four related subject areas - medical tourism, medical migration (the physician "brain drain"), telemedicine, and pharmaceutical research and development, and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care. The time for such an examination is right. Medical tourism and telemedicine are growing multi-billion-dollar industries affecting large numbers of patients. The U.S. heavily depends on foreign-trained doctors to staff its health care system, and nearly forty percent of clinical trials are now run in the developing world, with indications of as much of a 10-fold increase in the past 20 years. NGOs across the world are agitating for increased access to necessary pharmaceuticals in the developing world, claiming that better access to medicine would save millions from early death at a relatively low cost. Coming on the heels of the most expansive reform to U.S. health care in fifty years, this book plots the ways in which this globalization will develop as the reform is implemented.

The Globalization of Health Care: Legal and Ethical Issues

Health & Medical Law

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: <ul>
<li>New authors Nick Bagley and Glenn Cohen</li> <li>Incorporated anticipated changes to the Affordable Care Act</li> <li>More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation</li> <li>More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse”</li> <li>Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby)</li> <li>Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)</li> </ul>

Health Care Law and Ethics (Aspen Casebook)

Bobinski, Mary Anne

Hall, Mark A.

Orentlicher, David

Bagley, Nicholas

Legal Education

Aspen Opco Llc

Medical Liability and Treatment Relationships is based on Part I, The Provider and the Patient, of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Features: <ul>
<li>Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider.</li> <li>Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence.</li> <li>Problems on practice guidelines as proof of negligence.</li> <li>Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective.</li> <li>Clear notes smooth transitions between cases and background information. Teacher’s Manual is derived from corresponding sections in the parent Teacher’s Manual.</li> <li>Online resources provide background materials, updates of important events, additional relevant topics and links to other resources on the Internet.</li> </ul>

Medical Liability and Treatment Relationships (Aspen Select Series)

Wolters Kluwer

This comprehensive report, published as part of the Football Players Health Study at Harvard University, more than two years in the making and 493 pages long, is an unprecedented step towards improving player health, concluding with several important recommendations. To date, there has been no analysis of the universe of stakeholders that may influence the health of NFL players, nor any systematic analysis of their existing or appropriate legal and/or ethical obligations. While clinical health care interventions are essential, player health also depends on understanding the wider context in which players work.The report examines 20 diverse stakeholders: NFL players, the NFL, the NFLPA, NFL club medical staff, second opinion, neutral and personal doctors, NFL clubs and personnel, NFL coaches, contract advisors, financial advisors, equipment managers and manufacturers, players’ family members, officials, the media, NFL business partners, and fans. In total, the report makes 76 recommendations. Highlights of the key proposals are summarized below: • Conflicts of interest: The current arrangement under which a team’s medical staff, including doctors and athletic trainers, have responsibility both to the players and to the club presents an inherent structural conflict of interest. A division of responsibilities between two distinct groups of medical professionals is needed to minimize such conflict and ensure that players receive medical care that is as unbiased and uninfluenced by competing interests as possible. Care and treatment should be provided by one set of medical professionals, called the “Players’ Medical Staff,” appointed by a joint committee with representation from both the NFL and NFLPA. The evaluation of players for business purposes should be conducted by a separate set of medical personnel, known as the “Club Evaluation Doctors.” • Player health and adversarial collective bargaining: The NFL and NFLPA should refrain from making improvements to player health policies a “bargaining chip” in labor negotiations, to the extent that this is not already the case. Players should never be asked to trade their healthcare for other benefits in the collective bargaining process. • Ethical guidelines: Various stakeholders — including club doctors, athletic trainers, coaches, contract advisors, and financial advisors — should adopt, improve and enforce Codes of Ethics specific to the environment of the NFL.• Ongoing research into the health effects of the game: The NFL and NFLPA should continue to initiate and support efforts to scientifically and reliably identify the health risks and benefits of playing professional football. • Access to data: The NFL and, to the extent possible the NFLPA, should make aggregate, de-identified injury data publicly available for independent reanalysis. They should also continue to improve their robust collection of data and offer it to qualified professionals for analysis. • Meaningful penalties: The collective bargaining agreement (CBA)should be amended to impose meaningful fines for any club or person found to have violated Sections 1 through 6 of Article 39 of the 2011 CBA (players’ rights to medical care and treatment). • Investing in players’ health and care: The NFLPA should consider investing greater resources to investigate and enforce player health issues and enforce player rights, including Article 39 of the CBA. Published alongside the report are a list of the Top 10 Recommendations in the report (also included in the Executive Summary at the beginning of the report), and A Patient Bill of Rights for NFL Players — including current and proposed rights under the CBA, NFL policy, law and/or codes of ethics (which can be found on the Football Players Health Study at Harvard University website).

Protecting and Promoting the Health of NFL Players: Legal and Ethical Analysis and Recommendations

Lynch, Holly Fernandez

Deubert, Christopher R

Specialties

CreateSpace Independent Publishing Platform

This comprehensive report, published as part of the Football Players Health Study at Harvard University, more than two years in the making and 493 pages long, is an unprecedented step towards improving player health, concluding with several important recommendations. To date, there has been no analysis of the universe of stakeholders that may influence the health of NFL players, nor any systematic analysis of their existing or appropriate legal and/or ethical obligations. While clinical health care interventions are essential, player health also depends on understanding the wider context in which players work. The report examines 20 diverse stakeholders: NFL players, the NFL, the NFLPA, NFL club medical staff, second opinion, neutral and personal doctors, NFL clubs and personnel, NFL coaches, contract advisors, financial advisors, equipment managers and manufacturers, players’ family members, officials, the media, NFL business partners, and fans. In total, the report makes 76 recommendations. Highlights of the key proposals are summarized below: • Conflicts of interest: The current arrangement under which a team’s medical staff, including doctors and athletic trainers, have responsibility both to the players and to the club presents an inherent structural conflict of interest. A division of responsibilities between two distinct groups of medical professionals is needed to minimize such conflict and ensure that players receive medical care that is as unbiased and uninfluenced by competing interests as possible. Care and treatment should be provided by one set of medical professionals, called the “Players’ Medical Staff,” appointed by a joint committee with representation from both the NFL and NFLPA. The evaluation of players for business purposes should be conducted by a separate set of medical personnel, known as the “Club Evaluation Doctors.” • Player health and adversarial collective bargaining: The NFL and NFLPA should refrain from making improvements to player health policies a “bargaining chip” in labor negotiations, to the extent that this is not already the case. Players should never be asked to trade their healthcare for other benefits in the collective bargaining process. • Ethical guidelines: Various stakeholders — including club doctors, athletic trainers, coaches, contract advisors, and financial advisors — should adopt, improve and enforce Codes of Ethics specific to the environment of the NFL. • Ongoing research into the health effects of the game: The NFL and NFLPA should continue to initiate and support efforts to scientifically and reliably identify the health risks and benefits of playing professional football. • Access to data: The NFL and, to the extent possible the NFLPA, should make aggregate, de-identified injury data publicly available for independent reanalysis. They should also continue to improve their robust collection of data and offer it to qualified professionals for analysis. • Meaningful penalties: The collective bargaining agreement (CBA)should be amended to impose meaningful fines for any club or person found to have violated Sections 1 through 6 of Article 39 of the 2011 CBA (players’ rights to medical care and treatment). • Investing in players’ health and care: The NFLPA should consider investing greater resources to investigate and enforce player health issues and enforce player rights, including Article 39 of the CBA. Published alongside the report are a list of the Top 10 Recommendations in the report (also included in the Executive Summary at the beginning of the report), and A Patient Bill of Rights for NFL Players — including current and proposed rights under the CBA, NFL policy, law and/or codes of ethics (which can be found on the Football Players Health Study at Harvard University website).

Protecting and Promoting the Health of NFL Players: Legal and Ethical Analysis and Recommendations - Color Library Edition

Createspace Independent Pub

Medical Liability and Treatment Relationships: [Connected Ebook] (Aspen Casebook)

Sawicki, Nadia N

Aspen Publishing

The Law of Health Care Finance and Regulation: [Connected Ebook] (Aspen Casebook)

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