Houston: A Global Center for Health Care

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2013 Houston: A Global Center for Health Care Houston is the perfect setting for studying the dynamic nature of health law and policy. In addition to the Health Law & Policy Institute, the nearby Texas
2013 Houston: A Global Center for Health Care Houston is the perfect setting for studying the dynamic nature of health law and policy. In addition to the Health Law & Policy Institute, the nearby Texas Medical Center, the world s largest medical complex, offers extraordinary opportunities for legal scholars and students to interact with frontline health care providers while assisting them in addressing complex legal issues that affect their work. The Texas Medical Center includes dozens of academic and research institutions, hospitals and related organizations. Unmatched for its scale and diversity, the Texas Medical Center is a critical link in the Institute s acclaimed programs of interdisciplinary study. The Texas Medical Center (foreground) is Houston s largest employer. Its size rivals Houston s downtown (background), located just minutes away. Photo courtesy of Texas Medical Center. 2 In October 2009, the University of Houston became the 48 th member institution of the famed Texas Medical Center, leveraging the Law Center s Health Law & Policy Institute with a formal link to the world s largest complex for healthcare and biomedical innovation. For three decades, the Health Law & Policy Institute has been at the forefront of legal education, law scholarship, and policy analysis related to the role of law in healthcare and biotechnology. Originally formed to advise the Texas Legislature on health law and policy questions, the Institute has built a diversified portfolio of sponsored research projects and ongoing policy studies encompassing health information exchange; data security; medical privacy and bioethical issues in large health information systems and biomedical research; healthcare quality improvement; and questions of individual rights in the context of emerging biotechnologies and human genetics. Our mission is threefold: Education: to provide one of the nation s most rigorous, comprehensive, and up-to-the-minute programs of health-related legal education at the basic (J.D.) and advanced (LL.M.) levels, with the goal of preparing students for fulfilling careers whether in health law practice or in scholarly and policy-oriented positions. Research: to facilitate independent and sponsored research projects by our staff of academic and policyoriented law scholars and to cultivate the next generation of health law scholars by mentoring students who choose to pursue their own in-depth projects related to health law. Service: to share our knowledge through regular service on advisory bodies guiding federal policy on emerging issues in medical products regulation, health information privacy, and healthcare modernization and to advise the Texas Legislature and regulatory agencies on matters involving healthcare access, quality, and financing. BARBARA J. EVANS Co-Director, Health Law & Policy Institute Director, Center on Biotechnology & Law Professor of Law JESSICA L. MANTEL Co-Director, Health Law & Policy Institute Assistant Professor of Law Directors Jessica L. Mantel and Barbara J. Evans 3 Hlpi Directors & Faculty BARBARA J. EVANS Co-Director, Health Law & Policy Institute Director, Center on Biotechnology & Law Professor of Law B.S.E.E., The University of Texas at Austin Ph.D., Stanford University J.D., Yale Law School LL.M., University of Houston Law Center Dr. Barbara J. Evans is a professor of law, co-director of the Health Law & Policy Institute and director of the Center for Biotechnology & Law at the University of Houston Law Center. Earlier in her career, she was a partner in the international regulatory practice of a large New York law firm. Evans has been named a Greenwall Foundation Faculty Scholar in Bioethics for the period and also is conducting legal research under an NIH clinical exome sequencing grant. She recently served on the Institute of Medicine s Committee for the Public Health Effectiveness of the F.D.A. 510(k) Clearance Process. Her research interests include health information systems, data privacy, and regulation of medical technologies. She holds an electrical engineering degree from the University of Texas at Austin; M.S. and Ph.D. degrees from Stanford University; a J.D. from Yale Law School, an LL.M. in Health Law from the University of Houston, and she completed a Post-doctoral Fellowship in Clinical Ethics at the M.D. Anderson Cancer Center. JESSICA L. MANTEL Co-Director, Health Law & Policy Institute Assistant Professor of Law B.A., University of Pennsylvania J.D., M.P.P., University of Michigan Law School Professor Mantel is an Assistant Professor of Law and Co-Director of the Health Law & Policy Institute at the UH Law Center. Her research interests include the impact of legislative and regulatory schemes on emerging trends in the health care delivery system, the implementation of the Affordable Care Act, and the allocation of limited health care resources. Her most recent work has focused on accountable care organizations. Prior to joining the Law Center in 2010, Professor Mantel served as a senior attorney in the Office of the General Counsel at the U.S. Department of Health and Human Services. While in government, Professor Mantel worked on a range of Medicare matters, including advising the Centers for Medicare and Medicaid Services (CMS) on implementation of the new Medicare prescription drug benefit, inpatient hospital payments, and incentive payments for providers adopting electronic health records. She also advised CMS on various aspects of health care reform. Previously she was a health analyst at the Government Accountability Office (GAO), and was an associate in the health care practice at Ropes & Gray. Professor Mantel received her B.A. from the University of Pennsylvania, and her J.D. and M.P.P from the University of Michigan. 4 SETH J. CHANDLER Law Foundation Professor of Law A.B., Princeton University J.D., Harvard Law School Seth J. Chandler is a Law Foundation Professor of Law at the UH Law Center and Director of the Program on Law and Computation. He practiced with Munger, Tolles & Olson in Los Angeles and Williams & Connolly in Washington, D.C., working in part on insurance and malpractice issues, before beginning his academic career at the UH Law Center. Professor Chandler s research interests include the use of computerized mathematical modeling techniques to explore the application of law and economics principles to insurance. He won a prestigious university-wide teaching excellence award in 1995, and is the author of over 100 interactive Demonstrations. JESSICA L. ROBERTS Assistant Professor of Law B.A., University of Southern California J.D., Yale Law School Jessica L. Roberts is an Assistant Professor of Law at the UH Law Center. Her research focuses on the theoretical implications of health law reform, the formation of genetic identity and the antidiscrimination protection of genetic information. Before joining the UH faculty, Professor Roberts was an Associate-in-Law at Columbia Law School and an Adjunct Professor of Disability Studies at the City University of New York. In 2010, she was selected as American Society of Law, Medicine & Ethics/Saint Louis University Health Law Scholar and as a Seton Hall Labor & Employment Law Scholar. WILLIAM J. WINSLADE Distinguished Visiting Professor of Law and Director, LL.M. Health Law Program B.A., Monmouth College Ph.D., Northwestern University J.D., U.C.L.A. School of Law Ph.D., Southern California Psychoanalytic Institute D.H.L., Monmouth College Professor Winslade teaches, lectures and writes about legal aspects of bioethics and mental health. He has authored one book and co-authored four others and has written numerous articles on privacy and confidentiality in health care, legal regulation of medical and psychiatric practice, and ethical issues arising out of the physician-patient relationship. Professor Winslade has taught philosophy, practiced law and gained clinical experience as a psychoanalyst. His most recent book Confronting Traumatic Brain Injury was nominated by Yale University Press for a Pulitzer Prize. 5 Affiliated & Visiting Faculty ELLEN MARRUS George Butler Research Professor of Law B.A., Kean College J.D., University of San Francisco LL.M., Georgetown University Law Center Professor Marrus teaches in the areas of juvenile law, criminal procedure, and children and the law, and concentrates her scholarship in the areas of children s rights, juvenile justice and professionalism. Professor Marrus also directed and taught in the clinical programs at the University of Houston for 10 years. Professor Marrus serves on various local and national boards, including the National Juvenile Defender Center, the Southwest Regional Juvenile Defender Center, the Houston Association of Counsel for Children and the Clinical Legal Education Association. RONALD TURNER Alumnae Law Center Professor of Law B.A., Wilberforce University J.D., University of Pennsylvania Ronald Turner, Alumnae Law Center Professor of Law, served as an examiner with the National Labor Relations Board, practiced law in Chicago, and taught at the University of Alabama School of Law before joining the Law Center faculty in He has also served appointments as a visiting professor of law at the William & Mary School of Law and as a visiting professor of history at Rice University. His research interests include disabilities and the law, labor and employment law, and constitutional law. Professor Turner s publications include nearly 80 articles, two books, a co-authored employment discrimination law casebook and two forthcoming casebooks in the areas of torts and employment law. Dr. Michael S. Ewer Professor of Medicine & Special Assistant to the Vice President The University of Texas M.D. Anderson Cancer Center B.A., Hunter College M.D., University of Basel, Switzerland MPH, UT School of Public Health J.D., UH Law Center LL.M., UH Law Center Dr. Michael Ewer is a Professor of Medicine and an administrator at M. D. Anderson Cancer Center, where he has served for the last 30 years, and is also a faculty member at The University of Bern in Switzerland. Dr. Ewer holds a Master of Public Health degree from The University of Texas and received his J.D. and LL.M. degrees from the University of Houston Law Center. He has broad experience in medical ethics, conflicts of interest and uncompensated (charity) medical care. Dr. Ewer has published extensively in the fields of oncology, medical ethics and philosophy of medical care, has authored three medical texts and is a sought-after international speaker. 6 Research & Adjunct Faculty PATRICIA GRAY Director of Research B.A., M.Ed., Mississippi State University M.A., The University of Texas at Austin J.D., South Texas College of Law LL.M., University of Houston Law Center Professor Gray served in the Texas House of Representatives from 1992 to She was in the private practice of law for 22 years, including 16 years as a partner in the Galveston firm of Yarbrough, Jameson & Gray. As a member of the Texas Legislature, Professor Gray received many awards for her work on health care and environmental issues. In February 2003, Professor Gray received the Nathan Davis Award for Outstanding Government Service, the highest award given by the American Medical Association. She also was named to the Texas Monthly Hall of Fame for Texas Ten Best Legislators List a 30-year retrospective (2012). JOHN LUNSTROTH Research Professor B.A., University of St. Thomas J.D., LL.M., University of Houston Law Center MPH, Mailman School of Public Health, Columbia University RONALD L. SCOTT Research Professor B.A., M.A., J.D., University of Oklahoma LL.M., University of Houston Law Center Allison Winnike Research Professor B.A., Rice University J.D., Georgetown University Law Center ADJUNCT FACULTY Christopher V. Bacon, J.D. Of Counsel, Vinson & Elkins L.L.P. CHARLES D. BROWN, J.D. Founding Partner, The McIver Law Firm E. DaLE BURRUS, J.D., LL.M. Partner, Kroger Burrus DONNA CLARK, J.D. Partner, Baker & Hostetler L.L.P. MiCHAEL E. CLARK, J.D., LL.M. Special Counsel, Duane Morris L.L.P. Robert Corrigan, J.D. Partner, Fulbright & Jaworski L.L.P. ANNE KIMBOL, J.D., LL.M. Lecturer CHRISTOPHER LEWIS, J.D., M.B.A., MPH Private Law Practice Virginia Lootens, J.D. Private Law Practice JOHN A. NECHMAN, J.D. Partner, Katine and Nechman L.L.P. Victor R. Scarano, M.D., J.D. Director of Forensic Psychiatry Services, Texas Law & Psychiatry 7 HL&PI Advisory Board The Health Law & Policy Institute Advisory Board meets to discuss the goals and achievements of the Institute and advises the Institute on operational, academic and policy matters. Members include legal, medical and public health practitioners as well as business leaders. MICHAEL R. ARAMBULA, M.D., PHARM.D. Clinical Associate Professor of Psychiatry, The UT Health Science Center San Antonio, Texas WENDY C. GOLDSTEIN, J.D., MPH Shareholder, Epstein, Becker & Green, P.C. New York, NY CHARLES W. BAILEY, J.D. Senior Vice President and General Counsel, Texas Hospital Association Austin, TX KEVIN C. KING, J.D. Chief Executive Officer, The Maxicorp Companies, L.L.C. Houston, TX JERRY A. BELL, JR., J.D. Partner, Fulbright & Jaworski L.L.P. Houston, TX NANCY COLLIER LEGROS, J.D. VP of Legal Services & General Counsel, Christus Health Houston, TX Kelli Cohen Fein, M.D., M.A. General and Pediatric Radiologist, Locum Tenens Houston, Texas DAVID C. PATE, M.D., J.D., FACP, FACHE President and CEO, St. Luke s Health System Boise, Idaho J.D. EPSTEIN, J.D. Of Counsel, Greer, Herz & Adams, L.L.P. Galveston, TX MARC M. SELTZER, J.D. Partner, Susman Godfrey L.L.P. Los Angeles, CA Lex Frieden, LL.D. (Hon.) Senior Vice President, TIRR-The Institute for Rehabilitation and Research Houston, TX RICHARD CRAIG SMITH, LL.M., J.D., M.A. Partner, Fulbright & Jaworski L.L.P. Washington, D.C. DONN C. FULLENWEIDER, J.D. Partner, Fullenweider Wilhite Houston, TX BRAD TUCKER, J.D. Owner, Mustang CAT Houston, TX 8 International Advisors MARY ANNE BOBINSKI, J.D., LL.M., Ph.D. Mary Anne Bobinski has served as Dean and Professor of the University of British Columbia s Faculty of Law since She previously served as the John and Rebecca Moores Professor of Law and Director of the Health Law & Policy Institute at the UH Law Center. Professor Bobinski s research and teaching interests include torts, health law, health care finance and bioethics, legal aspects of HIV infection and reproductive health law issues. JOSÉ RAMÓN COSSÍO DÍAZ José Ramón Cossío Díaz is Justice of Mexico s highest court, the Suprema Corte de Justicia de la Nación. He is also a professor of constitutional law at the Autonomous Technological Institute of Mexico (ITAM). He graduated with a law degree from the Universidad de Colima, obtained a Masters degree in Constitutional Law and Political Science at El Centro de Estudios Políticos y Constitucionales in Madrid, and a Doctorate in Law from the Universidad Complutense de Madrid. Cossío Díaz was the dean of ITAM s law faculty for nine years. He is a National Researcher Level III investigator of the Mexican National System of Researchers, and a member of the Mexican Academy of Sciences, the American Law Institute, the Science Advisory Council, the National Institute of Genomic Medicine and the Mexican Health Foundation. Professional Staff April F. Moreno Program Director The Health Law & Policy Institute helped me launch my health law practice more than 15 years ago, because it built living, learning, health law laboratories as opposed to just classrooms. While a student, I saw health law brought to life, and because of the Health Law & Policy Institute s philosophy, was prepared for the real life application of health law and compliance. Jessica L. Quinn, JD 96 Vice President & Chief Compliance Officer Institutional Compliance Office The University of Texas MD Anderson Cancer Center The health law program at UHLC exposes students to both academic and practical aspects of health law, allowing the individual to gain an appreciation for the many specific areas of law that are encompassed within the general term health law. The program provided a pathway to confidence and poise, allowing me to constructively manage the various issues encountered while serving as in-house counsel for a hospital. Nathan Andersen, LL.M. 08 Senior Legal Officer University of Texas Medical Branch 9 Research Activities The Health Law & Policy Institute is committed to research and is actively engaged in the study of health issues affecting the state and nation. Its studies on mental health, nonfinancial barriers to health care, e-health, long term care, universal health insurance and family violence and the health care system have provided the foundation for legislative action. The Institute and its faculty have also received funding for conducting research for a number of external entities, including the City of Houston, the Texas Legislature, the Texas Department of State Health Services, the National Institutes of Health, the U.S. Department of Health and Human Services, The Institute for Rehabilitation and Research (TIRR) and Rice University. Selected areas of faculty research interests include: Privacy and Security Standards in Electronic Health Information Exchanges Regulatory Issues in Pharmacogenomics Health Care Modernization Health Care Reimbursement Regulation of Provider Organizations Traumatic Brain Injury Treatment and Research Disability Rights Privacy, Security, and Data Access in Large Health Information Networks Health Insurance Genetic Information Treatment and Punishment of Sex Offenders Consciousness and Neuroethics Health and Human Rights 10 Activities and Publications Following is a representative sampling of recent faculty scholarship and activities: Seth J. Chandler Law Foundation Professor of Law Member, Texas Health Care Policy Council ( ) (statutory body within the office of the Governor) Member, Steering Committee, Texas Department of Insurance State Planning Grant on Houston Small Employer Insurance Wolfram Innovator Award (2011) (award to honor individuals who have made significant contributions to their fields through the innovative use of Wolfram technologies). The Architecture of Contemporary Healthcare Reform and Effective Marginal Tax Rates, critical assessment of the effect on effective marginal tax rates of income-dependent subsidies under the Patient Protection and Affordable Care Act, 29 Miss. C. L. Rev. 335 (2010) Long Term Care: The Next Healthcare Frontier, describing issues arising in regulating public and private long term care insurance in light of 19 Annals Health L. 19 (2010) Machine Learning Judicial Behavior Using a Mathematica to Weka Interface, 11th International Mathematica Symposium (University College, London, June 2012) (draft available on request) Insurance Justice with Two Dimensional Underwriting, Wolfram Technology Conference (Champaign, IL, Oct. 2011) (available at infocenter/conferences/8017) The Case for Evolutionary Computing, Inaugural Workshop of the Program on Law and Computation (Houston, Texas, April 2011) (available at uh.edu/polac/resources/homepage.php) Health reform plan flawed but has potential benefits: Letting states opt out invites experimentation, Houston Chronicle, March 1, 2011 Machine Learning Supreme Court Behavior, ReinventLaw Dubai 2012 Conference (Dubai, December 2012) Evolving Binary Decision Trees That Sound Like Law, Genetic Programming Theory and Practice Workshop 2012 (Center for the Study of Complex Systems, University of Michigan (May 2012) (Keynote speech) Insurance and Its Regulation : An initial project of the Program on Law and Computation, (Opening Keynote Address to the Tenth International Mathematica Symposium, Beijing July 2010) Barbara J. Evans Co-Director, Health Law & Policy Institute; Director, Center on Biotechnology & Law, Professor of Law Greenwall Foundation Faculty Scholar in Bioethics, Clinical Sequencing in
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