5 ways HeLa cell line has changed healthcare law. There have been many impacts to healthcare and healthcare law from the discovery of the HeLa cell line
1. (20 points) There have been many impacts to healthcare and healthcare law from the discovery of the HeLa cell line and the subsequent discovery that they were taken from Henrietta Lacks. List five ways in which healthcare or healthcare law has been changed by this case.
2. (32 points) Read and brief the case Moore vs. the Regents of California (51 Cal. 3d 120, 1990). You do not need to turn in your brief, but you should use it to answer the following questions. You can answer Yes/No where appropriate.
a. According to the court, were Mr. Moore’s body parts his property?
b. Did the court say the analysis would change if they were taken wrongfully or not?
c. Did the court say that Mr. Moore was free to sell his body parts?
d. Look at 42 U.S.C. §274e. Does your answer to 2c. change?
e. What did the court say the doctors could do with Mr. Moore’s body parts?
f. What is conversion?
g. According to the court, did a conversion occur?
h. What is the holding in Moore?
3. (6 points) What is the statute of limitations in medical malpractice cases in Georgia and how does the discovery rule impact it?
4. (10 points) Dr. Bobbie Carr has completed her residency in family medicine in Georgia and is licensed in Georgia to practice medicine. However, she is considering applying for a fellowship in pediatrics at the Boson University. After her fellowship is over, she wants to join a private practice.
a. What does she needs to know about transferring her license and whether she can practice medicine in Massachusetts?
b. (10 points; Extra Credit). Using the internet find and list what exact documents and items she needs in order to obtain a license from Massachusetts.
c. What are three reasons that a physician’s license to practice medicine may be revoked?
5. (32 points) Your law firm has been hired by a new client. The client’s name is Clayton Nephrology (NF). There are 3 doctors that are shareholders in NF. Your client is considering expanding and wants to create a full-service imaging division. The practice wants to increase its revenue streams by opening up its services to all types of patients. For medical billing purposes, it wants to make the new practice its own legal entity. Some of its patients will be able to be billed out of both entities. Two of the doctors in NR will own this new practice.
a. Your supervising attorney knows that there could be a Stark issue here. In one sentence, what is the purpose of the Stark law (42 U.S.C. § 1395 et. seq.).
b. Summarize what did Union General Hospital do to violate the Stark law and what was the outcome of its Stark law violation?
c. What does the federal government say are the five most important fraud and abuse laws?
d. Based on the information from your textbook and the Blackboard video in Chapter 4 Stark vs Anti-Kickback vs Fee-Splitting what does your firm need to advise the client about in order to stay in compliance with Stark?
e. Which business entities should they consider for this new practice?
f. What is the difference between a solo practice and a sole proprietorship?
g. What are some reasons a physician may wish to terminate a medical contract of care for a patient?
In 1951, a woman named Henrietta Lacks had a tumor removed from her cervix. This tumor cells were taken without her knowledge or consent and used to create the HeLa cell line. This cell line has been used in research for over 60 years, and has changed healthcare law in many ways. In this blog post, we will discuss 5 ways that the HeLa cell line has changed healthcare law!
One way the HeLa cell line has changed healthcare law is by providing a legal precedent for informed consent. In the 1970s, researchers tried to patent the HeLa cell line. This led to a lawsuit filed by Henrietta Lacks’ family, who argued that they should have been given informed consent before her cells were used for research. The court ruled in favor of the family, and this set a legal precedent for informed consent.
Another way the HeLa cell line has changed healthcare law is by changing the way that tissue samples can be used. Before the HeLa cell line was created, researchers could take tissue samples from patients without their consent. However, after the HeLa cell line case, researchers had to start getting informed consent from patients before taking their tissue samples.
The HeLa cell line has also changed the way that patient confidentiality is handled. In the past, patient medical records were not always kept confidential. However, after the HeLa cell line case, hospitals and clinics started to take patient confidentiality more seriously. This is because the HeLa cell line showed how important it is to keep patient information confidential.
The HeLa cell line has also led to changes in the way that research is conducted. In the past, researchers could use any tissue sample they wanted without getting consent from the patient. However, after the HeLa cell line case, researchers had to start getting consent from patients before using their tissue samples. This has led to more ethical research practices.
Lastly, the HeLa cell line has changed the way that medical research is funded. In the past, most medical research was funded by the government. However, after the HeLa cell line case, private companies started to invest more money in medical research. This is because the HeLa cell line showed how profitable medical research can be.
The HeLa cell line has changed healthcare law in many ways, and has had a big impact on the way that medical research is conducted. We hope that this blog post has helped you understand some of the ways that the HeLa cell line has changed healthcare law! Thank you for reading.