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Browsing by Author "Kinney, Eleanor D."
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Item The Accidental Administrative Law of the Medicare Program(2015) Kinney, Eleanor D.; Robert H. McKinney School of LawItem Altered standards of care for health care providers in the pandemic influenza(Indiana University, 2009) Kinney, Eleanor D.; McCabe, Heather A.; Gilbert, Amy Lewis; Shisler, Janna JoPandemic influenza will pose tremendous challenges to health care providers, state public health authorities, and the public. All will have to conduct business under the most adverse of circumstances. It will be difficult for providers to meet the customary legal standards of care imposed by state and federal regulatory authorities, as well as the common law tort system. This white paper will explore the legal issues associated with altered standards of care in pandemic influenza.Item The ethics of pandemic influenza planning in Indiana: legal perspectives(2008-08-27T18:08:18Z) Kinney, Eleanor D.Item Foundation for a Natural Right to Health Care(Oxford University Press, 2011-12) Eberl, Jason T.; Kinney, Eleanor D.; Williams, MatthewDiscussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state.Item Leadership of the Consortium for Health Policy, Law and Bioethics(Office of the Vice Chancellor for Research, 2010-04-09) Meslin, Eric M.; Kinney, Eleanor D.; Wright, Eric R.The Consortium for Health Policy, Law, and Bioethics completed another successful year of educational programs, public outreach, and collaborative research. Educational highlights include (1) offering for the second time, an innovative graduate course co-taught by the three Consortium-directors (Wright, Kinney, Meslin) that is open to students in law, public health, philosophy; (2) The addition of a new “concentration in international research ethics” (offered in the Philosophy Department that is now eligible for joint-degree status with the JD; and (3) approval of a new JD/MSW. Research highlights include (1) twenty publications (2) several grants awarded to Consortium co-directors; $4,958,909.75 and (3) the establishment of year-long a multidisciplinary study group focusing on ethical, legal, social, and policy issues involving comparative effectiveness research. Outreach highlights include nine presentations to community groups, professional associations, and academic institutions.Item The Merits of State Action Immunity to Promote Hospital Collaboration : Report of the Hospital Antitrust Task Force to the Indiana State Department of Health(Indiana State Dept. of Health, 1994) Kinney, Eleanor D.; Copp, Lisa Clark; Gonzales, Marcia; Indiana. Dept. of Health