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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