Health Law and Policy Commons^™

N Y State Dent J November 2023

The New York State Dental Journal

In the November 2023 issue, the reader will find the following feature articles:

• Verruciform Xanthoma
• Use of a 3D Intraoral Scanner for Prosthetic Rehabilitation of Cocaine-Induced Oronasal Fistula
• Adenoid Ameloblastoma with Dentinoid

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Defining Health Affordability, Govind C. Persad

Sturm College of Law: Faculty Scholarship

Affordable health care, insurance, and prescription drugs are priorities for the public and for policymakers. Yet the lack of a consensus definition of health affordability is increasingly recognized as a roadblock to health reform efforts. This Article explains how and why American health law invokes health affordability and attempts, or fails, to define the concept. It then evaluates potential affordability definitions and proposes strategies for defining affordability more clearly and consistently in health law.

Part I examines the role health affordability plays in American health policy, in part by contrasting the United States’s health system with systems elsewhere. Part II …

Coaching And Laissez-Faire Leadership Styles, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

Editor Dr. Michelle C. Dziurgot discusses the differences between coaching and laissez-faire leadership styles in dentistry. Coaching leaders motivate and educate their team members, fostering collaboration and improvement. In contrast, laissez-faire leaders take a more hands-off approach, allowing team members to make decisions independently. The author, a dentist, describes how she combines both styles in her practice, emphasizing the importance of educating and coaching team members while allowing them to take ownership of their roles. The editorial highlights the need for patient engagement in oral health care and the importance of coaching patients to take an active role in their …

The Back Page Commentary: Let’S Talk About The Real World, Danielle Gehlert Dds

The Journal of the Michigan Dental Association

Dr. Danielle Gehlert, a private practitioner, writes that in the realm of continuing education for dental professionals, there's a need for a shift in focus from idealized, "sexy" cases to real-world patient scenarios. This commentary calls for seminars and programs emphasizing long-term restorative planning, including successes and failures. The practical considerations of patient financial limitations and willingness to engage in dental care must be integral to treatment plans. Real-world cases should reflect the diverse situations dental practitioners encounter and the ethical responsibility to provide affordable and effective treatment options.

Historic Tensions Involving International Intellectual Property Protection Of Medical Technology With Disastrous Public Health Consequences, Srividhya Ragavan, Swaraj Paul Barooah

Faculty Scholarship

Historic tensions have pervaded the alliance of intellectual property's ill-fated accord with trade. The intersections of the alliance have impacted access to medical technologies resulting in plaguing public health with disastrous consequences in select parts of the globe, the first of which was perhaps most notably seen during the HIV-AIDS crisis at the turn of the century. At this time, WTO’s sacrosanct norms from the accord between trade and intellectual property rights essentially force African countries to choose between international trade sanctions, and saving thousands of lives by allowing exceptions to patent rights. While much has been written about global …

Staff Matters: How Can We Be More Creative With Our Benefits?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

As open enrollment for health benefits approaches, this column discusses creative and cost-effective benefit offerings to attract and retain employees. The focus is on innovative benefits beyond traditional health, life insurance, and retirement plans. Suggestions include pet insurance, paid volunteer time, lunch and learn sessions, and flexible scheduling to accommodate employees' needs, particularly working parents and those with caregiving responsibilities. The importance of seeking employee input in benefit planning is emphasized for discovering practical, employee-desired options.

U-M’S Sindecuse Museum Of Dentistry: A Treasure In Our Own Backyard, Tamara Barnes

The Journal of the Michigan Dental Association

Discover the University of Michigan's Gordon H. Sindecuse Museum of Dentistry, a captivating journey through dental history. Founded in 1992 with contributions from Dr. Gordon Sindecuse, a 1921 dental school graduate, this museum offers a treasure trove of over 15,000 artifacts from the 18th to the 21st century. The main exhibits depict the evolution of dentistry from its humble origins, showcasing groundbreaking innovations, including electrification, anesthesia, and dental hygiene. Special exhibits explore dental practices' social and cultural aspects, such as teeth modifications for self-expression. The museum embraces technology with QR codes and offers diverse programming, making it an educational and …

Making The World Safer And Fairer In Pandemics, Lawrence O. Gostin, Kevin A. Klock, Alexandra Finch

Georgetown Law Faculty Publications and Other Works

Global health has long been characterized by injustice, with certain populations marginalized and made vulnerable by social, economic, and health disparities within and among countries. The pandemic only amplified inequalities. In response to it, the World Health Organization and the United Nations have embarked on transformative normative and financial reforms that could reimagine pandemic prevention, preparedness, and response (PPPR). These reforms include a new strategy to sustainably finance the WHO, a UN political declaration on PPPR, a fundamental revision to the International Health Regulations, and negotiation of a new, legally binding pandemic agreement (popularly called the “Pandemic Treaty”). We revisit …

Va’S Work To Ensure Veterans’ Food Security, Christine Going

Journal of Food Law & Policy

The Department of Veterans Affairs (VA) is uniquely positioned as the nation’s largest integrated health care system, serving 9 million enrolled Veterans each year, to successfully embrace the power of an interdisciplinary team designed to meet the needs of Veterans challenged by food insecurity. In collaboration with the whole of government approach to ending hunger, VA is addressing food and nutrition security. The Food Security Office within the Veterans Health Administration (VHA) was established and has representation from nutrition, social work, and nursing focusing on the causes of food insecurity among Veterans. VA’s Food Security Office and the Nutrition and …

Special Issue: Hunger, Nutrition, And Health, Susan Rice

Journal of Food Law & Policy

Everyday millions of Americans face barriers to accessing food, housing, and other supports–––making the impossible decision of whether to put food on the table or cover other essential needs. Food insecurity and diet-related diseases, such as heart disease and diabetes, affect people of all ages and in all communities. It was for this reason that the Biden-Harris Administration hosted the White House Conference on Hunger, Nutrition, and Health in September 2022. As the President said at the Conference, “No child should go to bed hungry. No parent should die of a disease that can be prevented.” It will require all …

Legal And Health Risks Of Abortion Criminalization: State Policy Responses In The Immediate Aftermath Of Dobbs, Adrienne R. Ghorashi, Deanna Baumle

Journal of Law and Health

Major changes to the landscape of abortion law and service delivery have rapidly proliferated since the Supreme Court’s decision in Dobbs, in some cases overnight. Using legal epidemiology methods, the authors of this Article and a team of researchers created a legal dataset that identifies and tracks state laws impacting abortion access in the months immediately following the Dobbs ruling. This Article explores the dataset's findings, detailing changes in abortion laws including abortion bans and related penalties, interstate shield laws, and data privacy protections, from June 1, 2022 through January 1, 2023. While several states moved quickly to restrict …

Transcript: The Future Of Ivf Post Dobbs, Rebecca Feinberg

Journal of Law and Health

The following is a transcription from The Healthcare and Privacy Law Consequences Following Dobbs presented at Cleveland State University College of Law by The Journal of Law & Health on February 17, 2023. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

A Guide To Emtala, Kaylee Jacobson

Law Student Works

This Pathfinder research guide provides an overview of the Emergency Medical Treatment and Labor Act (EMTALA). This guide is intended for both attorneys in the field and hospital compliance departments. It is essential for attorneys to understand both the requirements of an EMTALA claim and the circuit splits on interpretation. Hospital compliance departments have an interest in understanding EMTALA for preventative and response measures.

This guide walks the researcher through a brief background on EMTALA and how to research the federal statute using primary, secondary, and news-based sources. The goal is to equip them with the necessary tools to perform …

Mid-Atlantic Ethics Committee Newsletter, Fall 2023

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii

Dickinson Law Review (2017-Present)

Standard hospital admissions contracts (“HACs”) often contain provisions that are shockingly unfair, but are easily overlooked or misunderstood by patients. Hospitals rely on the common law of contracts, especially the doctrine of freedom of contract, to claim that these provisions should be enforced. Many courts have accepted the freedom of contract argument and enforced some or all of these provisions.

This Article suggests that courts are in error to enforce these harsh provisions against patients. This Article focuses on four harsh provisions commonly found in HACs. First is the payment provision which is opaque, misleading, and designed to allow hospitals …

Emergency Room To The Courtroom: Providing Abortion Care Under Emtala And State Abortion Bans, Natasha Rappazzo

Dickinson Law Review (2017-Present)

After the Supreme Court eliminated the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, states began to broadly criminalize abortion. Abortion is criminalized and restricted even in situations that constitute an emergency medical condition under the Emergency Medical Treatment and Labor Act (“EMTALA”). State abortion bans with limited medical exceptions conflict with EMTALA’s protections for emergency screening and stabilization. Legal challenges to the scope of EMTALA show a growing divide and uncertainty on emergency abortion care in the United States. This Comment will discuss why physicians cannot confidently provide quality and competent abortion care without the …

Management Of A Failing Implant Using Guided Bone Regeneration And Esthetic Crown Lengthening In The Esthetic Zone; A Case Report, Bassam M. Kinaia Dds, Ms, Dicoi, Mirranda Kinaia Bs, Roksolana Gala Dds, Ms, Ashleigh Turows Dds, Ms, Anthony L. Neely Dds, Mdentsc, Phd

The Journal of the Michigan Dental Association

A 34-year-old female presented with a failing implant in the esthetic zone. The implant was removed, and the site was reconstructed with guided bone regeneration and a pedicle connective tissue graft. Esthetic crown lengthening was performed on the adjacent teeth to create a harmonious gingival symmetry. Full ceramic crowns were placed on all teeth, including an implant-supported fixed partial denture. Follow-ups at 3, 6, and 12 months showed proper healing with healthy soft tissues and correct bilateral gingival symmetry. The pink and white esthetic scores improved from 8.7 pre-operatively to 19.2 post-final restorations. The patient was pleased with the esthetic …

Dentistry And The Law: Is This Patient Abandonment? Two Scenarios, Dan Schulte Jd

The Journal of the Michigan Dental Association

This article discusses two scenarios involving potential patient abandonment. This article is an installment of the MDA Journal’s monthly Dentistry and the Law department.