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For example, the Employee Retirement Income Security Act of 1974 (ERISA) generally preempts state laws related to employer-sponsored health plans. Below is a selection of Supreme Court cases involving health care, arranged from newest to oldest. Little Sisters of the Poor Saints Peter and Paul Home v.
- Assault and Battery. Assault and battery are intentional torts. Assault is defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.
- False Imprisonment. False imprisonment is an intentional tort. False imprisonment is defined as an act of restraining another person and causing that person to be confined in a bounded area.
- Privacy and Confidentiality. Breaching privacy and confidentiality are intentional torts. Confidentiality is the right of an individual to have personal, identifiable medical information, referred to as protected health information, kept private.
- Slander and Libel. Slander and libel are intentional torts. Defamation of character occurs when an individual makes negative, malicious, and false remarks about another person to damage their reputation.
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One contemporary example of states being at the forefront of civil rights law is in the area of genetic discrimination. As genetics research started becoming more prominent in the early 1990s, there was increasing discussion about how to protect individuals from discrimination on the basis of their genetic information.
- Dawn Pepin, Samantha Bent Weber
- 2019
Jul 23, 2013 · Title VI of the Civil Rights Act of 1964 protects persons from discrimination based on their race, color, or national origin in programs and activities that receive Federal financial assistance. If you are eligible for Public Assistance, Medicaid, or other social services, you cannot be denied assistance because of your race, color, or national ...
Pervasive Inequality in the Health Care System Sustains Discrimination and Poor Health Outcomes Civil Rights. Our lawyers and policy analysts stand up for the civil rights of the millions of people who struggle to access affordable, quality health care.
The Health Insurance Portability and Accountability Act (HIPAA) is an example of a federal statutory law. HIPAA required the creation of national standards to protect sensitive client health information from being disclosed without the client’s consent or knowledge.
Health Law. Mar 2021. How to Apply the Fourteenth Amendment to the Constitution and the Civil Rights Act to Promote Health Equity in the US. Scott J. Schweikart, JD, MBE. Citation. PDF. Altmetric. Abstract.