Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-23T21:32:55.146Z Has data issue: false hasContentIssue false

Recent Developments in Health Law: Mandatory Cervical Cancer Vaccinations

Published online by Cambridge University Press:  01 January 2021

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
JLME Column
Copyright
Copyright © American Society of Law, Medicine and Ethics 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

References

Food and Drug Administration, FDA Licenses New Vaccine for Prevention of Cervical Cancer and Other Diseases in Females Caused by Human Papillomavirus, Press Release P06–77, available at <http://www.fda.gov/bbs/topics/NEWS/2006/NEW01385.html> (last visited June 15, 2007) (hereinafter cited as FDA Press Release).+(last+visited+June+15,+2007)+(hereinafter+cited+as+FDA+Press+Release).>Google Scholar
Udesky, L., “Push to Mandate HPV Vaccine Triggers Backlash in U.S.A.,” The Lancet 369, no. 9566 (2007): 979980; National Conference of State Legislatures, “HPV Vaccine,” available at <http://www.ncsl.org/programs/health/HPVvaccine.htm> (last visited June 15, 2007) (hereinafter cited as NCSL, HPV Vaccine).CrossRefGoogle Scholar
Centers for Disease Control, “HPV Vaccine Questions and Answers,” August 2006, available at <http://www.cdc.gov/std/HPV/hpv-vaccine.pdf> (last visited June 15, 2007) (hereinafter cited as CDC, HPV Vaccine).+(last+visited+June+15,+2007)+(hereinafter+cited+as+CDC,+HPV+Vaccine).>Google Scholar
Centers for Disease Control, “CDC Facts: Genital HPV Infection,” available at <http://www.cdc.gov/std/HPV/hpv.pdf> (last visited June 15, 2007) (hereinafter cited as CDC, Human Papillomavirus).+(last+visited+June+15,+2007)+(hereinafter+cited+as+CDC,+Human+Papillomavirus).>Google Scholar
See CDC, HPV Vaccine, supra note 3.Google Scholar
See CDC, Human Papillomavirus, supra note 4.Google Scholar
See CDC, HPV Vaccine, supra note 3.Google Scholar
See FDA Press Release, supra note 1.Google Scholar
S.B. 1416 & 1417, 2005–2006 Leg., Reg. Sess. (Mich. 2006).Google Scholar
See NCSL, HPV Vaccine, supra note 2.Google Scholar
Elliott, J., “Panel Votes to Block HPV Vaccine Requirement,” Houston Chronicle, February 22, 2007, available at <http://www.chron.com/disp/story.mpl/special/07/legislature/4571812.html> (last visited June 15, 2007).+(last+visited+June+15,+2007).>Google Scholar
Chmelynski, C., “States Consider Bills Mandating HPV Vaccine for Young Girls,” School Board News, National School Boards Association Web site, March 2007, available at <http://www.nsba.org/site/doc_sbn_issue.asp?TRACKID=&VID=55&CID=682&DID=40379> (last visited June 15, 2007); see NCSL, HPV Vaccine, supra note 2.+(last+visited+June+15,+2007);+see+NCSL,+HPV+Vaccine,+supra+note+2.>Google Scholar
Id. (NCSL, HPV Vaccine); Kaiser Network, “Virginia Gov. Kaine Proposes Dropping Written Opt Out Requirement in HPV Vaccine Bill,” March 27, 2007, available at <http://www.kaisernetwork.org/daily_reports/rep_index.cfm?hint=2&DR_ID=43850> (last visited June 15, 2007).+(last+visited+June+15,+2007).>Google Scholar
See CDC, HPV Vaccine, supra note 3.Google Scholar
One study estimates that current childhood immunizations prevent over 13 million cases of disease and 33,000 deaths each year. Zhou, F. et al., “Economic Evaluation of the 7-Vaccine Routine Childhood Immunization Schedule in the United States, 2001,” Archives of Pediatrics and Adolescent Medicine 159, no. 12 (2005): 11361144.CrossRefGoogle Scholar
In a parallel situation, very few teenagers said they would stop having sex if parental consent were required to receive sexual health services. Jones, R. K. et al., “Adolescents' Reports of Parental Knowledge of Adolescents' Use of Sexual Health Services and Their Reactions to Mandated Parental Notification for Prescription Contraception,” JAMA 293, no. 3 (2005): 340348.CrossRefGoogle Scholar
See, e.g., Kaiser Network, “HPV Vaccine Unlikely to Increase Teen Sexual Behavior, Researcher Says,” June 8, 2006, available at <http://www.kaisernetwork.org/Daily_reports/rep_index.cfm?DR_ID=37783> (last visited June 15, 2007).+(last+visited+June+15,+2007).>Google Scholar
Subcommittee on Health and the Environment of the House Committee on Energy and Commerce, Childhood Immunizations at 103–106, 99th Cong., 2d Sess., (Comm. Print 1986) (recommended schedule of vaccines).Google Scholar
See CDC, HPV vaccine, supra note 3. See also FDA Press Release, supra note 1 (manufacturer agreeing “to conduct…additional studies to further evaluate general safety and long-term effectiveness”).Google Scholar
Parents and cautious legislators may remember the swine flu vaccine in the 1970s that reportedly caused Guillain-Barré syndrome. Fry-Revere, S., “The Rush to Vaccinate,” Op-Ed, New York Times, March 25, 2007; Koch, K., “Vaccine Controversies: Are Today's Vaccines Safe Enough?” Congressional Quarterly Researcher 10, no. 28 (2000): 641–72, at 645.Google Scholar
See CDC, HPV Vaccine, supra note 3. (“Pap tests can also detect most, but not all, cervical cancers at an early, curable stage.”)Google Scholar
See Coletti, S., “Taking Account of Partial Exemptors in Vaccination Law, Policy, and Practice,” Connecticut Law Review 36 (2004): 1341–96, at 1349–69 (discussing the types of objections to vaccines, including religious prohibitions, views of the disease as a “rite of passage,” fear of risk, and inconvenience of scheduling).Google Scholar
Weisbergh, S. and Castellan, D., “Human Papilloma Virus Vaccination,” American College of Pediatricians Web site, available at <http://acpeds.org?CONTEXT=art&cat=10006&art=140&BISKIT=1544652239> (last visited June 15, 2007).+(last+visited+June+15,+2007).>Google Scholar
Stein, R., “Debate Rages on Use of Cervical Cancer Vaccine,” San Francisco Chronicle, October 31, 2005, at A-4; see Kaiser Network, supra note 19.Google Scholar
Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905) (upholding required vaccinations for the sake of public health).Google Scholar
See Childhood Immunizations, supra note 20, at 103106.Google Scholar
Boone v. Boozman, 217 F. Supp. 2d 938, at 956–957 (E.D. Ark. 2002). The court made the same ruling in Brock v. Boozman, No. 4:01CV00760 SWW, 2002 U.S. Dist. LEXIS 15479 (E.D. Ark. August 12, 2002).Google Scholar
The exceptions, Mississippi and West Virginia, only allow medical exemptions. National Vaccine Information Center, “Legal Exemptions to Vaccination,” available at <http://www.909shot.com/state-site/legal-exemptions.htm> (last visited June 15, 2007).+(last+visited+June+15,+2007).>Google Scholar
Virginia's bill that passed the legislature, for example, allows a parent to simply fill out a form refusing the vaccination after reviewing informational material. H. B. 2035 ER, 2007 Leg., Reg. Sess. (Va. 2007). Even so, the governor requested the language explicitly state that the decision is the parent's “sole discretion.” H. B. 2035ER2, 2007 Leg., Reg. Sess. (Va. 2007).Google Scholar
States that would allow only the regular vaccination exemptions are Connecticut, Georgia, Massachusetts, Missouri, New Jersey, Ohio, Oklahoma, South Carolina, Texas, Vermont, and West Virginia. See NCSL, HPV Vaccine, supra note 2.Google Scholar
Bills in five states require both the regular exemption qualifications and that the parent review information about HPV and show informed consent. See H.B. 802, 94th Gen. Assem., 1st Reg. Sess. (Mo. 2007); S. 2286, 212th Leg., Reg. Sess. (N.J. 2006); H.B. 81, 127th Gen. Assem., Reg. Sess. (Ohio 2007); S.B. 110, 80th Leg., Reg. Sess. (Tex. 2007); H.B. 256, 2007 Leg., Reg. Sess. (Vt. 2007).Google Scholar

References

In re Brittany T. v. Shawna T., 2007 N.Y. Slip Op. 27078, at 10 (N.Y. Fam. Ct. Febrary 23, 2007).Google Scholar
Id., at 9. See also Patel, D., “Super-Sized Kids: Using the Law to Combat Morbid Obesity in Children,” Student Note, Family Court Review 43 (2005): 164173, at 169–171 (describing cases of court intervention regarding morbidly obese children).CrossRefGoogle Scholar
Id. (Patel), at 167.Google Scholar
Sher, E. J., “Choosing for Children: Adjudicating Medical Care Disputes Between Parents and the State,” New York University Law Review 58 (1983): 157206, at 161.Google Scholar
See Brittany T., supra note 1, at 2.Google Scholar
Id., at 4.Google Scholar
Id., at 6.Google Scholar
Id., at 2.Google Scholar
Id., at 3.Google Scholar
Id., at 7. In evaluating the care provided by the parents, the court measures it “against the behavior of reasonable and prudent parents faced with the same circumstances.” Id., at 9.Google Scholar
Id., at 45.Google Scholar
Id., at 8.Google Scholar
Id., at 10.Google Scholar
American Obesity Association, Childhood Obesity, available at <www.obesity.org/subs/childhood/prevalence.shtml> (last visited April 11, 2007). Between 1999 and 2000, 15.3 percent of children ages six to 11 were obese compared to seven percent between 1976 and 1980. For children ages 12 to 19, the prevalence for the same period increased from five percent to 15.5 percent.+(last+visited+April+11,+2007).+Between+1999+and+2000,+15.3+percent+of+children+ages+six+to+11+were+obese+compared+to+seven+percent+between+1976+and+1980.+For+children+ages+12+to+19,+the+prevalence+for+the+same+period+increased+from+five+percent+to+15.5+percent.>Google Scholar
National Center for Health Statistics, Center for Disease Control and Prevention, Prevalence of Overweight and Obesity Among Adults: United States, 2003–2004, available at <http://www.cdc.gov/nchs/products/pubs/pubd/hestats/overweight/overwght_adult_03.htm> (last visited June 14, 2007).+(last+visited+June+14,+2007).>Google Scholar
Arani, S., Case Comment, “State Intervention in Cases of Obesity-Related Medical Neglect,” Boston University Law Review 82 (2002): 875894, at 876.Google Scholar
Kelley, L. A., “What Should Be the Standards for Intervening between Parent and Child? The Parental Prosecution for a Young Boy's Obesity,” Court Watch, Buffalo Women's Law Journal 9 (2000-2001): 711, at 8.Google Scholar
Garrison, M., “Child Welfare Decision-making: In Search of the Least Drastic Alternative,” Georgetown Law Journal 75 (1986–1987): 17451828, at 1775.Google Scholar
Id., at 1776.Google Scholar
Theran, E. E., “‘Free to Be Arbitrary and …Capricious’: Weight-Based Discrimination and the Logic of American Antidiscrimination Law,” Cornell Journal of Law and Public Policy 11 (2001): 113201, at 170–171.Google Scholar
See Brittany T., supra note 1, at 25.Google Scholar
See Arani, , supra note 16, at 892.Google Scholar
See Kelley, , supra note 17, at 7, 9.Google Scholar
See Brittany T., supra note 1, at 5.Google Scholar
See Garrison, , supra note 18, at 1747.Google Scholar
The estimated calories required by children range from 900 per day for a one-year-old to 1,800 per day for a teenage girl. See American Heart Association, Dietary Guidelinesfor Healthy Children, available at <http://www.americanheart.org/presenter.jhtml?identifier=4575> (last visited June 15, 2007). The caloric intake required by starvation diets can be drastically below these guidelines. See Arani, , supra note 16, at 877 (describing a case where the state ordered a diet limited to 550 calories per day).+(last+visited+June+15,+2007).+The+caloric+intake+required+by+starvation+diets+can+be+drastically+below+these+guidelines.+See+Arani,+,+supra+note+16,+at+877+(describing+a+case+where+the+state+ordered+a+diet+limited+to+550+calories+per+day).>Google Scholar
See Birch, L. L. and Fisher, J. O., “Development of Eating Behaviors Among Children and Adolescents,” Pediatrics 101, Supplement (1998): 539549, at 539 (“impos[ing]…stringent parental controls can potentiate preferences for high-fat, energy-dense foods, limit children's acceptance of a variety of foods, and disrupt children's regulation of energy intake by altering children's responsiveness to internal cues of hunger and satiety”); Johnson, S. L. and Birch, L. L., “Parents' and Children's Adiposity and Eating Style,” Pediatrics 94 (1994): 653-661, at 659 (finding that greater parental control is predictive of worse weight outcomes).Google Scholar
Savage, J. S., Fisher, J. O. and Birch, L. L., “Parental Influence on Eating Behavior: Conception to Adolescence,” Journal of Law Medicine & Ethics 35, no. 1 (2007): 2234, at 29.CrossRefGoogle Scholar
See, e.g., In re D.K, 58 Pa. D. & C.4th at 358–359 (stating that the court should strive to preserve family integrity, but finding the mother's obesity would inhibit her ability to meet her son's medical needs).Google Scholar
Alderman, J., Smith, J. A., Fried, E. J. and Daynard, R. A. “Application of Law to the Childhood Obesity Epidemic,” Journal of Law, Medicine & Ethics 35, no. 1 (2007): 90112, at 90.CrossRefGoogle Scholar
Fisher, B. A., “Community-Based Efforts at Reducing America's Childhood Obesity Epidemic: Federal Lawmakers Must Weigh In,” DePaul Law Review 55 (2005–2006): 711743, at 729.Google Scholar
Schwartz, M. B. and Brownell, K. D., “Actions Necessary to Prevent Childhood Obesity: Creating the Climate for Change,” Journal of Law, Medicine & Ethics 35, no. 1 (2007): 7889, at 80.CrossRefGoogle Scholar
Smith, L. and Liang, B. A., “Childhood Obesity: A Public Health Problem Requiring a Policy Solution,” Journal of Medicine and Law 9 (2005): 3754, at 40.Google Scholar
See Brittany T., supra note 1, at 10.Google Scholar
Id., at 2, 10.Google Scholar
Id., at 4, 6.Google Scholar
See Fisher, , supra note 31, at 34.Google Scholar
See Smith, and Liang, , supra note 33, at 51.Google Scholar
Lindsay, A. C., Sussner, K. M., Kim, J. and Gortmaker, S., “The Role of Parents in Preventing Childhood Obesity,” The Future of Children 16 (2006): 169186, at 172.CrossRefGoogle Scholar
Id., at 170.Google Scholar
See Brittany T., supra note 1, at 8. See also, Smiles, J. E., “A Child's Due Process Right to Legal Counsel in Abuse and Neglect Dependency Proceedings,” Family Law Quarterly 37 (2003): 485502, at 486.Google Scholar

References

Desiano v. Warner-Lambert & Co., 467 F.3d 85 (2d Cir. 2006).Google Scholar
Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 301 (2000); Medical Device Act (MDA), 21 U.S.C. § 360e(b)(1)(A)-(B) (2000).Google Scholar
Mich. Comp. Laws Ann. § 600.2946(5) (West 2000) (providing, in pertinent part, that “a product that is a drug is not defective or unreasonably dangerous, and the manufacturer or seller is not liable, if the drug was approved for safety and efficacy by the United States Food and Drug Administration…” but such exemption does not apply if the defendant “intentionally withholds from or misrepresents to the United States Food and Drug Administration information concerning the drug that is required to be submitted…”).Google Scholar
See Desiano, supra note 1, at 98.Google Scholar
Id., at 88.Google Scholar
Id., at 8889.Google Scholar
Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961 (6th Cir. 2004).Google Scholar
Buckman Co. v. Plaintiffs' Legal Committee, 531 U.S. 341 (2001).Google Scholar
See Desiano, supra note 1, at 89.Google Scholar
Factors, Etc. v. Pro Arts, Inc., 652 F.2d 278 (2d Cir. 1981).Google Scholar
Id., at 283.Google Scholar
See Desiano, surpa note 1, at 89.Google Scholar
Id., at 90 (citing Factors, Etc., supra note 14, at 279).Google Scholar
Id., at 91.Google Scholar
Id., at 90.Google Scholar
Id., at 91 (citing Menowitz v. Brown, 991 F.2d 36, 40 [2d Cir. 1993]).Google Scholar
Id., at 9298.Google Scholar
See Buckman, supra note 12, at 347 (quoting Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 [1947]).Google Scholar
See Desiano, supra note 1, at 98.Google Scholar
See Buckman, supra note 12, at 350.Google Scholar
See Desiano, supra note 1, at 94.Google Scholar
Medtronic v. Lohr, 518 U.S. 470, 485 (1996) (“[B]ecause the States are independent sovereigns in our federal system, we have long presumed that Congress does not cavalierly preempt state-law causes of action.”)Google Scholar
See Desiano, supra note 1, at 94; id., at 94, n. 5 (discussing the State Senate Fiscal Agency's analysis of motivations for enacting section 600.2946).Google Scholar
Id., at 88 (listing state common law tort claims averred by the plaintiffs in the instant case).Google Scholar
Id., at 9396.Google Scholar
Id., at 95.Google Scholar
Proximate causation is a required factor in tort actions. The plaintiff must show that an actor's conduct or breach of duty was a substantial factor in bringing about harm to that plaintiff. 57A Am. Jur. 2d Negligence § 414 (2007).Google Scholar
See Desiano, supra note 1, at 95.Google Scholar
The court remarks that the very strong state interest in providing for the health of its citizens by preserving duties of care by pharmaceutical companies to their customers implies that the presumption against preemption is “at its strongest” in the instant action. Id., at 95 n. 7.Google Scholar
See, e.g., Epstein, R. A., “Why the FDA Must Preempt Tort Litigation: A Critique of Chevron Deference and a Response to Richard Nagareda,” Journal of Tort Law 1, no. 1, art. 5 (2006): 133, at 33 (“We should all hope that preemption will cut the tort system out of an area where it cannot do any systematic good…”).CrossRefGoogle Scholar
“President Bush Participates in Round-table on Health Care Initiatives,” the White House Web site, January 25, 2007, transcript available at <http://www.whitehouse.gov/news/releases/2007/01/20070125–1.html> (last visited June 27, 2007). (“We need to … prevent these frivolous lawsuits from running up the cost of your medicine, and running good docs [sic] out of practice.”)+(last+visited+June+27,+2007).+(“We+need+to+…+prevent+these+frivolous+lawsuits+from+running+up+the+cost+of+your+medicine,+and+running+good+docs+[sic]+out+of+practice.”)>Google Scholar
Sachdev, A., “Bush Renews Call for Tort Reform,” Chicago Tribune, February 8, 2007.Google Scholar
See Epstein, , supra note 35, at 26.Google Scholar

References

Gulfcoast Medical Supply, Inc. v. Secretary, Department of Health and Human Services, 468 F.3d 1347 (11th Cir. 2006).Google Scholar
42 U.S.C. §§ 1395j to 1395w-4 (2000).Google Scholar
468 F.3d at 1349 (citing United States v. R&F Properties of Lake County, Inc., 433 F. 3d 1349, 1351 [11th Cir.2005]).Google Scholar
42 U.S.C. § 1395y (a) (2000).Google Scholar
42 U.S.C. § 1395u (2000).Google Scholar
See Gulfcoast, supra note 1, at 1349.Google Scholar
Id., at 1349–50.Google Scholar
Id., at 1350.Google Scholar
42 U.S.C. § 1395(j)(2)(B) (2000).Google Scholar
See Gulfcoast, , supra note 1, at 1351 (citing Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 [1984]).Google Scholar
See id. (Chevron), at 842–43.Google Scholar
Id., at 842.Google Scholar
Id., at 843.Google Scholar
Id., at 844.Google Scholar
See Gulfcoast, supra note 1, at 1351.Google Scholar
Id. (quoting Maximum Comfort, Inc. v. Thompson, 323 F.Supp.2d 1060, 1068 [E.D. Cal. 2004]).Google Scholar
Id., at 1351–52.Google Scholar
Id., at 1351.Google Scholar
Id., at 1352.Google Scholar
MacKenzie Medical Supply, Inc. v. Leavitt, 419 F.Supp.2d 766, 771 (D. Md. 2006).Google Scholar
See Gulfcoast, supra note 1, at 1352.Google Scholar
Id. (citing 42 U.S.C. § 1395m[j][2][A] [2000]).Google Scholar
Id., at 1351–52.Google Scholar
42 U.S.C. § 1395m(j)(2)(A)(2000).Google Scholar
See Gulfcoast, supra note 1, at 1352.Google Scholar
Id. The Medicare Act authorizes carriers to audit suppliers' records to assure that payments are proper; 42 U.S.C. § 1395u(a)(1)(C) (2000).Google Scholar
Home Health Monday, “California Court Rules CMN Is Proof Enough for Reimbursement,” July 12, 2004, available at <http://enews.penton.com/enews/homecare/homecare_monday/2004_july_12_homecare_monday/display> (last visited June 27, 2007).+(last+visited+June+27,+2007).>Google Scholar
Rodrigue, L. G., “Certificate of Medical Necessity (CMN) May Not Be Enough To Prove Item ‘Reasonable and Necessary,’” Louisiana Law Blog, available at <http://www.louisianalawblog.com/health-law-certificate-of-medical-necessity-cmn-may-not-be-enough-to-prove-item-reasonable-and-necessary.html> (last visited June 27, 2007).+(last+visited+June+27,+2007).>Google Scholar
See Home Health Monday, supra note 38.Google Scholar
Azia, S. M. and Sokol, E. W. from The Power Mobility Coalition, Letter to Mark McClellan, Administrator, Centers for Medicare and Medicaid Services, November 25, 2005, available at <http://www.pmcoalition.org/presscenter/112505_IF-Rcomments.pdf> (last visited February 20, 2007).+(last+visited+February+20,+2007).>Google Scholar

References

Catholic Charities of the Diocese of Albany v. Serio, 7 N.Y.3d 510 (2006).Google Scholar
N.Y. Ins. Law § 3221(1)(16) (2002).CrossRefGoogle Scholar
See Catholic Charities, supra note 1, at 518.Google Scholar
Id., at 519.Google Scholar
N.Y. Ins. Law § 3221(1)(16)(A) (2002).CrossRefGoogle Scholar
N.Y. Ins. Law § 3221(1)(16)(A)(1) (2002).CrossRefGoogle Scholar
N.Y. Ins. Law § 3221(1)(16)(B) (2002).CrossRefGoogle Scholar
See Catholic Charities, supra note 1, at 527.Google Scholar
Id., at 520.Google Scholar
Id., at 520–21.Google Scholar
Id., at 521, 524 (Quoting from the U.S. Const. amend. I, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Quoting from the N.Y. Const. art. I, § 3, “The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind.”)Google Scholar
Id., at 510.Google Scholar
Id., at 521–22 (citing Employment Division v. Smith, 494 U.S. 872 [1990]).Google Scholar
Id., at 521–22 (citing id., at 878).Google Scholar
Id., at 522.Google Scholar
Id., at 522–24.Google Scholar
Id., at 522.Google Scholar
Id., at 523.Google Scholar
Id., at 523–24.Google Scholar
Id., at 524.Google Scholar
N.Y. Const. art. I, § 3.Google Scholar
See Catholic Charities, supra note 1, at 525.Google Scholar
Id., at 525.Google Scholar
Black's Law Dictionary, 8th ed., s.v. “strict scrutiny.”33. See Catholic Charities, supra note 1, at 526.Google Scholar
Id., at 527.Google Scholar
Id., at 527–28.Google Scholar
Id., at 528.Google Scholar
U.S. Const. amend. I.Google Scholar
See Catholic Charities, supra note 1, at 528 (quoting Larson v. Valente, 456 U.S. 228, 244 [1982]).Google Scholar
Id. (citing Larson).Google Scholar
See Catholic Charities, supra note 1, at 528–29.Google Scholar
Id., at 529.Google Scholar
“N.Y. High Court Rejects Dioceses' Challenge to Birth Control Law,” Andrews Health Law Litigation Reporter 14, no. 7 (2006): 67.Google Scholar
Blue Cross Blue Shield of North Carolina, Health Care Cost Estimator: Pregnancy and Childbirth, available at <http://www.businessgrouphealth.org/pdfs/healthypregnancy.pdf> (last visited June 27, 2007).+(last+visited+June+27,+2007).>Google Scholar
Washington Business Group on Health, Promoting Healthy Pregnancies: Counseling and Contraception as the First Step: Report of a Consultation with Business and Health Leaders, 2000, at 6, available at <http://www.businessgrouphealth.org/pdfs/healthypregnancy.pdf> (last visited June 27, 2007).+(last+visited+June+27,+2007).>Google Scholar
See Catholic Charities, supra note 1, at 528.Google Scholar
See N.Y. Ins. Law § 3221(16)(A)(1)(c) (2002).Google Scholar