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Full-Text Articles in Law

Law School News: Transforming Adversity Into Advocacy 9-4-2024, Andrew Clark, Roger Williams University School Of Law Sep 2024

Law School News: Transforming Adversity Into Advocacy 9-4-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Future Of Health Care Conscience Laws Post-Dobbs, Nadia N. Sawicki May 2024

The Future Of Health Care Conscience Laws Post-Dobbs, Nadia N. Sawicki

The Journal of Contemporary Legal Issues

The Supreme Court’s rejection of a constitutional right to choose abortion in Dobbs v. Jackson Women’s Health Organization has prompted legislatures to make significant changes to state laws. Some states have criminalized abortion in most circumstances, while others have granted patients and health care providers broader rights to choose and access abortion. Another, perhaps less-recognized, avenue for legislative change is by amending existing state conscience laws. This Article describes the avenues state legislatures might take in using conscience laws to impact abortion access in accordance with the state’s policy preferences.


The Mda’S Michigan Donated Dental Services (Dds) Program: How To Serve The Elderly And Disabled In Your Community And Build Your Team (Without Leaving Your Office!), April Stopczynski Apr 2024

The Mda’S Michigan Donated Dental Services (Dds) Program: How To Serve The Elderly And Disabled In Your Community And Build Your Team (Without Leaving Your Office!), April Stopczynski

The Journal of the Michigan Dental Association

April Stopczynski, MDA Manager of Access and Prevention, sheds light on the Michigan Donated Dental Services (DDS) program, elucidating its impact on individuals through poignant patient narratives and dentist testimonials. The article illustrates how DDS bridges the gap in dental care for the elderly, disabled, and financially compromised individuals in Michigan. The program not only restores smiles but also transforms lives by providing much-needed dental treatment through volunteer dentists and labs. This article presents the value of DDS for patients, providers, dental team members and the greater community. Information is provided on how to participate in this transformative program.


Clearing The Path: Improving Implementation Of Georgia’S Pathways To Coverage Program, Nicholas Smith Apr 2024

Clearing The Path: Improving Implementation Of Georgia’S Pathways To Coverage Program, Nicholas Smith

Emory Law Journal Online

Georgia’s Medicaid program is in flux. The State recently launched Pathways to Coverage, a partial Medicaid expansion program for non-disabled adults in households under 100% of the Federal Poverty Line, with eligibility contingent on reporting 80 hours of work per month. Pathways’ rollout coincides with Medicaid “unwinding,” an ongoing post-COVID redetermination process in which thousands of Georgians have already lost coverage. As such, Pathways could play an important role in offsetting the unwinding’s disenrollment effects. But Pathways may also serve as a test case for conservative lawmakers hoping to institute (or reinstitute) work requirements to restrict Medicaid coverage in their …


Governmental Affairs Update: Dental Medicaid, Neema Katibai Jd Apr 2024

Governmental Affairs Update: Dental Medicaid, Neema Katibai Jd

The Journal of the Michigan Dental Association

The MDA spearheads an initiative to enhance Medicaid anesthesia services reimbursement, aiming to address the disparity between current rates and commercial standards. Despite recent improvements in Medicaid dental benefits, access to care remains hindered by low anesthesia reimbursement rates. The MDA advocates for a substantial investment to increase reimbursement to 85% of commercial rates, garnering support from various medical associations. This collaborative effort marks a significant stride towards achieving equitable Medicaid reimbursement. Grassroots advocacy is pivotal in influencing state budget decisions, urging constituents to engage with legislators via MDA text alerts.


The Commodification Of Children And The Poor, And The Theory Of Stategraft, Daniel L. Hatcher Apr 2024

The Commodification Of Children And The Poor, And The Theory Of Stategraft, Daniel L. Hatcher

All Faculty Scholarship

Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of improving welfare and providing equal justice for vulnerable populations, the institutions are mining them with extractive practices that are harmful, unlawful, unconstitutional, and unethical. This Essay considers such commodification schemes under the lens of Professor Bernadette Atuahene’s excellent and important theory of stategraft. The examples discussed provide support for Atuahene’s theory, and this Essay simultaneously urges …


Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun Apr 2024

Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun

Washington and Lee Law Review

Youth mental health is in crisis. Children report increased rates of suicidal ideology, depression, and anxiety. Diagnosis rates soar. Pediatric mental health care remains difficult to access. When services are accessible, they are costly—often sending families into medical debt.

This Note discusses Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) benefit. Specifically, it studies the EPSDT benefit’s creation, structure, and administration. This Note focuses on the context in which the EPSDT benefit operates, particularly how health care financing models impact benefit administration. It suggests that the EPSDT benefit has the capacity to address crucial gaps in pediatric mental health …


The Price Of Dignity: How Medicare Requirements Shape End-Of-Life Care, Juliette K. Ball, Dallin M. Mildenhall Apr 2024

The Price Of Dignity: How Medicare Requirements Shape End-Of-Life Care, Juliette K. Ball, Dallin M. Mildenhall

Brigham Young University Prelaw Review

End-of-life care comes with several challenges: the level of care required is often complex and difficult to administer, fraud goes unchecked, facilities are understaffed, and the enforcement of care requirements is minimal. As a result, these conditions lead to neglect and abuse of an extremely vulnerable population with few options for recourse for elderly victims and their families. As the elderly population continues to rise in the United States, the need for reform will only continue to increase. The federal government provides substantial funding for end-of-life care through Medicare, and significant changes must be made to address current health disparities …


The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson Feb 2024

The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson

West Virginia Law Review

Infertility treatments have become more accessible and widely used in the last 20 years. As more couples look to these treatments in their struggle to start a family, health insurers are lagging behind in coverage for these options. For the majority of women in the country, paying for infertility treatment out-ofpocket is unrealistic. Not all states have approached this issue but those who have vary in their approach. Some are utilizing either mandate-to-cover for private insurers or Medicaid coverage to attempt to make treatments and diagnosis more accessible. Without policy solutions, the inequality of access between socioeconomic statuses will remain. …


Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn Feb 2024

Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn

Arkansas Law Review

Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …


Overlapping Surgery And Medical Malpractice, Reuben Guttman, Joseph Lanni Jan 2024

Overlapping Surgery And Medical Malpractice, Reuben Guttman, Joseph Lanni

Emory Corporate Governance and Accountability Review Perspectives

No abstract provided.


State Flexibility In Emergency Medicaid To Care For Uninsured Noncitizens, Jin K. Park, Clarisa Reyes-Becerra, Medha D. Makhlouf Jul 2023

State Flexibility In Emergency Medicaid To Care For Uninsured Noncitizens, Jin K. Park, Clarisa Reyes-Becerra, Medha D. Makhlouf

Faculty Scholarly Works

No abstract provided.


Blatant Discrimination Within Federal Law: A 14th Amendment Analysis Of Medicaid’S Imd Exclusion, J. Michael E. Gray, Madeline Easdale May 2023

Blatant Discrimination Within Federal Law: A 14th Amendment Analysis Of Medicaid’S Imd Exclusion, J. Michael E. Gray, Madeline Easdale

University of Massachusetts Law Review

A discriminatory piece of Medicaid law, the institution for mental diseases (IMD) exclusion, is denying people with serious mental illness equal levels of treatment as those with only primary healthcare needs. The IMD exclusion denies the use of federal funding in psychiatric hospitals for inpatient care. This article discusses the history and collateral implications of the IMD exclusion, then examines it through the lens of the Equal Protection Clause of the Fourteenth Amendment, argues that people with severe mental illness constitute a quasi-suspect class, and that application of intermediate scrutiny would render the IMD exclusion unenforceable.


Legally Alone: The Redeemability Of Guardianship And Recommendations Toward Equitable Access, Patrick Hecker Apr 2023

Legally Alone: The Redeemability Of Guardianship And Recommendations Toward Equitable Access, Patrick Hecker

Northwestern Journal of Law & Social Policy

American adult guardianship needs reform. Thankfully, there is a small but dedicated reform movement that sheds helpful light on problems of underfunding, inattention, and abuse. While the movement’s efforts are needed, this Note argues it is a mistake to focus solely on the ways the guardianship system is sometimes harmful to people who already have access to guardianship. Few reformers consider the needs of people who would benefit from a guardian but do not have anyone to petition the court on their behalf.

This Note first argues that guardianship, despite its detractors, is redeemable. It can be part of a …


Improving Access For Children And Adults With Disabilities Through Enhanced Commercial Benefits, Holli Seabury Edd, Jeff Johnston Dds, Ms Mar 2023

Improving Access For Children And Adults With Disabilities Through Enhanced Commercial Benefits, Holli Seabury Edd, Jeff Johnston Dds, Ms

The Journal of the Michigan Dental Association

This article explores the critical issue of accessibility to oral healthcare for people with disabilities in the United States. Delta Dental of Michigan, Ohio, and Indiana has taken a step by providing enhanced commercial benefits to children and adults with disabilities. The article delves into the challenges faced by this vulnerable population, including cost barriers and transition issues, and discusses how expanded benefits and coding, along with special dental care provisions, aim to improve access. It emphasizes the importance of proper benefits verification and presents a case study illustrating the utilization of these benefits. The article highlights the need for …


National Federation Of Independent Business V. Sebelius, 567 U.S. 519 (2012), Elizabeth Weeks, Mary Ann Chirba, Alice A. Noble Jan 2023

National Federation Of Independent Business V. Sebelius, 567 U.S. 519 (2012), Elizabeth Weeks, Mary Ann Chirba, Alice A. Noble

Scholarly Works

In National Federation of Independent Business v. Sebelius, decided in 2012, twenty-six states as well as private individuals and an organization of independent businesses challenged the constitutionality of two key components of the Affordable Care Act. The Court upheld the individual mandate but converted the Medicaid eligibility expansion from mandatory to optional for states. Elizabeth Weeks’ feminist rewrite breaks down the public law-private law distinction to get beyond the traditional view of health insurance as a commercial product providing individual financial protection against risk and instead to view it as effecting a risk pool premised on cross-subsidization of the health-care …


Decolonizing Equal Sovereignty, Rosa Hayes Jan 2023

Decolonizing Equal Sovereignty, Rosa Hayes

William & Mary Journal of Race, Gender, and Social Justice

In Shelby County v. Holder, 570 U.S. 529 (2013), the Supreme Court announced that a tradition of equal sovereignty among the states prohibits unwarranted federal intrusions into state sovereignty and invoked this newly created doctrine to strike down Section 4(b) of the Voting Rights Act. Scholarly critiques in Shelby County’s immediate aftermath debated the constitutional validity of the Court’s equal sovereignty reasoning and warned of the dire threat the VRA’s effacement posed to voting rights—concerns that recent litigation have vindicated.

But other recent litigation suggests that, abstracted from its problematic and consequential origins, equal sovereignty may be deployed …


Section 1115 Waivers: Innovation Through Experimentation, Or Stagnation Through Routine?, Nicole Johnson Jan 2023

Section 1115 Waivers: Innovation Through Experimentation, Or Stagnation Through Routine?, Nicole Johnson

Emory Law Journal

The Medicaid program operates as a federal-state partnership, in which the states agree to meet certain federally mandated requirements in exchange for federal matching funds for program expenditures. These federal matching funds can be anywhere from 50–90% of health care expenses incurred through state Medicaid programs. As such, states have a substantial interest in continuing this partnership and ensuring that their state plans comply with federal requirements. There is a way, though, in which states can gain more freedom in building their individual state plans. Through section 1115 waivers, states can ask the Centers for Medicare and Medicaid Services (“CMS”) …


Who Pays First?: Medicaid Third-Party Liability In Florida And Virginia’S Birth-Related Neurological Injury Compensation Programs, Alexandra M. Robbins Jan 2023

Who Pays First?: Medicaid Third-Party Liability In Florida And Virginia’S Birth-Related Neurological Injury Compensation Programs, Alexandra M. Robbins

Saint Louis University Journal of Health Law & Policy

In response to an impending obstetrician shortage and medical malpractice crisis, the states of Florida and Virginia adopted no-fault birth-related neurological injury compensation programs in the 1980s. Both of these programs provide lifetime coverage for eligible children with serious birth-related neurological injuries; however, both programs treated themselves as the payer of last resort and required families to submit claims to Medicaid first based on an inaccurate interpretation of Medicaid third party-liability (“TPL”) laws and the program-enabling statutes. Both programs’ policies treating themselves as the payer of last resort not only violated Federal and State Medicaid laws, they caused harm to …


Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram Jan 2023

Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram

Michigan Law Review

Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside …


Affirmatively Furthering Health Equity, Mary Crossley Jan 2023

Affirmatively Furthering Health Equity, Mary Crossley

Articles

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …


False Claims: The Coordinated Exploitation Of The United States Government By The Healthcare Industry, Grady Mcmichen Dec 2022

False Claims: The Coordinated Exploitation Of The United States Government By The Healthcare Industry, Grady Mcmichen

Journal of Law and Health

The False Claims Act (FCA) has a long-standing history of protecting the United States government from being defrauded by merchants and other parties submitting claims for repayment. Affording Americans who have enrolled in Medicaid and Medicare expansion plans the same protection afforded to the federal government will allow for action to be brought to prevent large hospital networks from engaging in price-fixing behaviors. Implementing this change will have the effect of reducing healthcare prices for all Americans.

Applying the False Claims Act at the price-fixing level will have the largest affect; however, it is still important to iron out procedures …


Medicaid Expansion Expectations, Deborah Farringer Sep 2022

Medicaid Expansion Expectations, Deborah Farringer

Law Faculty Scholarship

Although financial stability in rural hospitals has been a relatively long-standing national problem, in the last decade, hospital closures and the incidence of highly distressed hospitals in rural areas have disproportionately impacted certain states. States that have not expanded their Medicaid programs under the Affordable Care Act, which implemented a program to extend additional federal support to cover adults living below 138% of the federal poverty line (referred to herein as “Medicaid Expansion”), are bearing the brunt of this crisis. Although the reason for hospital closures is multi-faceted and complex, health policy experts have consistently identified the lack of Medicaid …


N Y State Dent J April 2022 Apr 2022

N Y State Dent J April 2022

The New York State Dental Journal

In the April 2022 issue, the reader will find the following feature articles:

  • Responding to Online Social Media Posts
  • Diode Laser-Assisted Abscission and Low-Level Laser Therapy for Treatment of Mucocele Literature: Update and Case Report
  • White Sponge Nevus
  • Effects of New York State’s Medicaid Orthodontic Policy Changes on Approved Orthodontic Treatment Complexity

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.


Expanding Medicaid In The Postpartum Period, Madison P. Harrell Jan 2022

Expanding Medicaid In The Postpartum Period, Madison P. Harrell

Law Student Publications

This Comment will discuss how the current Medicaid law is insufficient to address the issue of disappointing maternal health outcomes in the United States and how the federal government should begin to remedy the problem. First, I will shed light on the maternal health crisis in the United States, before discussing the history of pregnancy and postpartum Medicaid coverage. Then, I will outline the enactment of the Affordable Care Act, the subsequent court battle over its constitutionality, and the effects of that decision on the current landscape of pregnancy and postpartum Medicaid coverage. Finally, I will detail my proposal for …


Sb 338: Amendments Relating To Medicaid Postpartum Coverage, Ivona Relja, Meredith Elkin Jan 2022

Sb 338: Amendments Relating To Medicaid Postpartum Coverage, Ivona Relja, Meredith Elkin

Georgia State University Law Review

This Act amends Medicaid postpartum coverage for mothers from a period of six months to one year. The Department of Human Services will provide postpartum care Medicaid coverage to mothers for a period of one year following the date pregnancy ends.


An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains Jan 2022

An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains

Dickinson Law Review (2017-Present)

No abstract provided.


Treating A Public Health Crisis For Rural Moms – A Comparative Analysis Of Four Rural States Addressing Maternal Opioid Misuse With Medicaid Innovation Models, Jason Semprini Nov 2021

Treating A Public Health Crisis For Rural Moms – A Comparative Analysis Of Four Rural States Addressing Maternal Opioid Misuse With Medicaid Innovation Models, Jason Semprini

Online Journal of Rural Research & Policy

Objective As we enter the third decade of the opioid crisis, opioid misuse continues its devastating toll on young women, specifically mothers on Medicaid in rural areas. The evolving Medicaid policy landscape has led to coverage and benefit expansion, yet gaps remain for pregnant women with opioid misuse. Further, the myriad of state specific policy decisions related to maternal eligibility and substance abuse benefits have created a seemingly disjoint policy arena for tackling a specific subgroup’s unmet needs. This policy scan aims to investigate the newly implemented 1115 demonstration model for Maternal Opioid Misuse by comparing the approaches of four …


The Effects Of Missouri's Medicaid Expansion, Chandni Challa Oct 2021

The Effects Of Missouri's Medicaid Expansion, Chandni Challa

SLU Law Journal Online

A Missouri Supreme Court ordered the Missouri legislature to implement a state constitutional amendment to expand Medicaid. In this article, Chandni Challa argues that this decision will undoubtedly affect the state economy, and based on empirical evidence from Michigan, provide a net benefit.


Medicaid Waivers, Administrative Authority, And The Shadow Of Malingering, Nicole Huberfeld Oct 2021

Medicaid Waivers, Administrative Authority, And The Shadow Of Malingering, Nicole Huberfeld

Faculty Scholarship

From 2018 through 2020, HHS approved state Medicaid demonstration waivers to impose new eligibility conditions such as work requirements, connecting current “personal responsibility” rhetoric and historical suspicion of malingering. The Biden administration reversed course but advocated to the Supreme Court for expansive administrative discretion. This approach supports health equity now but could enable reemergence of restrictive health policies down the road.