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17 Annals Health L. [i] (2008)

handle is hein.journals/anohl17 and id is 1 raw text is: ANNALS OF HEALTH LAW THE HEALTH POLICY AND LAW REVIEW OF LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW VOLUME 17, ISSUE 1 WINTER 2008 CONTENTS Forew ord ......................................................... i ARTICLES Whose Business is Your Pancreas? Potential Privacy Problems in New York City's Mandatory Diabetes Registry ............ HAROLD J. KRENT, J.D. 1 NICHOLAS GINGO, MONICA KAPP, RACHEL MORAN, MARY NEAL, MEGHAN PAULAS, PUNEET SARNA, SARAH SUMA This article examines a recent New York City health regulation that mandates the compilation and storage of individual medical data from nearly all diabetics in a centralized registry. The authors distinguish this novel registry from prior health registries and scrutinize its potential to compromise individual privacy. In order to address privacy and other concerns, the authors offer suggestions for changes to the current statutory framework of the registry that will also be useful when considering the creation of similar public health registries in other cities. Body Property: Challenging the Ethical Barriers in Organ Transplantation to Protect Individual Autonomy .......... CHARLES C. DUNHAM IV 39 One of two articles related to the current organ shortage, this article advocates the need for legislation to recognize organs and tissues separated from the body as a distinct category of personal property. After addressing the legislative history of organ procurement and psychological barriers to donor consent, the article examines the importance of separating the lifetime rights of ownership in our own bodies from post- mortem rights. Ultimately, the author proposes a fittures market approach to this problem in which individuals before death, or surviving family members after death, are permitted sell the decedent's organs in a private contract. Tax Policy as a Lifeline: Encouraging Blood and Organ Donation Through Tax Credits .................... JOSEPH B. CLAMON, J.D. 67 This article, the second concerning the organ donation crisis, proposes the use of tax policy to encourage blood and organ donation. After critiquing the ethical and logistical problems posed by other commercial and non-commercial solutions, the author demonstrates how tax credits can be used as an effective and ethical solution to address the shortage of donors. The author also offers two model statutes that provide guidance as to how a nonrefundable tax credit for blood and organ donation might operate in the tax code.

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