Daniel Orenstein

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About Daniel Orenstein

Daniel G. Orenstein, JD, MPH, is Visiting Assistant Professor of Law at the Indiana University Robert H. McKinney School of Law in Indianapolis. He teaches in the areas of administrative law, public health law, and health care law and policy. His research focuses on public health law, policy, and ethics, and he was previously Deputy Director of the Network for Public Health Law Western Region, where much of his work centered on emergency preparedness and response, including resource allocation and government authority during declared emergencies, as well as vaccination policy.

Review: Joint Commission statement on use of face masks brought from home

This statement from the Joint Commission encourages healthcare facilities to allow staff to bring and use their own face masks or respirators throughout the day when the facility is unable to provide adequate access to protective equipment. The Joint Commission,Read More
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Review: FDA authorizes emergency use of unproven drugs to treat coronavirus

FDA will allow distribution of large quantities of two anti-malarial drugs from the federal Strategic National Stockpile to hospitals as a possible treatment for COVID-19, using the agency’s authority to permit use of unapproved medical products or unapproved uses ofRead More
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Review: How to navigate a public health emergency legally and ethically

The authors of this Hastings Center Report explain how ethical and legal duties intersect with public health in a time of crisis. When the health system can no longer handle the needs of all persons seeking care, ethical and legalRead More
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Review: Federal guidance on discrimination in resource allocation

A new bulletin from the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) addresses the application of existing federal anti-discrimination laws to the treatment of persons with disabilities and other groups during a public healthRead More
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Review: Amid coronavirus, doctors face hard choices over ventilators

This L.A. Times article explores professional and ethical challenges medical professionals may face in making decisions about who receives scarce resources if COVID-19 cases surge beyond what the health care system can handle. During a public health emergency, triage decisionsRead More
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Review: Ventilators limited for the disabled?

This article discusses how multiple disability advocacy groups have filed civil rights complaints challenging Washington’s and Alabama’s plans for resource allocation during a public health crisis, arguing that the states’ plans discriminate against persons with disabilities. The groups argue thatRead More
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