Health Law and Policy Commons^™

Securing A Permanent Homeland: The Federal Government’S Responsibility To Provide Clean Water Access To Tribal Communities, Heather Tanana

Utah Law Faculty Scholarship

Water is life—critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and a ordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people—nearly 48 percent of tribal homes in Native communities across the United States—do not have access to reliable water sources, clean drinking water, or basic sanitation. In comparison, as a whole, less than 1 percent of households in the United States lack these facilities. This persistent problem became a matter of life or death during …

N Y State Dent J March 2022

The New York State Dental Journal

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

• Orthognathic Surgery and Quality-of-Life Outcomes: Findings from a Hospital-Based Patient Satisfaction Survey
• Recommendations for Co-Prescription of Opioids and Naloxone in the Dental Office
• Papillon-LeFevre Syndrome: A Case Study of Two Siblings
• Treatment of Peri-implant Soft-tissue Deficiency around a Narrow Diameter Implant with Subepithelial Connective-tissue Graft: A Case Report
• Simple Lipoma Mimicking Oral Infiltrating Lipoma: Case Report

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.

Hb 128: Prohibition Of Discrimination Against Potential Organ Transplant Recipients, Sarah Beach, Anne Marie Simoneaux

Georgia State University Law Review

The Act functions to prohibit discrimination by health care providers and insurers against potential organ transplant recipients due to physical or mental disabilities. Also known as Gracie’s Law, the Act provides a pathway through local courts to enforce compliance, and an affected individual may bring a civil action for injunctive and other equitable relief. In addition, the Act incorporates Simon’s Law, which provides that an order to not resuscitate a minor child can only be issued with the consent of the minor’s parents.

Broken Jars: Academic Labour And Care In Covid Times, Sonia Lawrence

Articles & Book Chapters

No abstract provided.

Cbct In Clinical Practice, Tarunjeet Pabla Bds, Dmd, Ms, Dip. Abomr, Hugo C. Campos Dds, Dmd, Mds, Dip. Abomr, Aruna Ramesh Bds, Dmd, Ms, Dip. Abomr

The Journal of the Michigan Dental Association

This feature explores the integration of Cone Beam Computed Tomography (CBCT) into dental practice, offering guidelines for best practices. Introduced in 2001, CBCT revolutionized dental radiography, impacting various clinical areas. The article emphasizes the need for clinicians to comprehend CBCT technology, its benefits, and potential risks. It delves into CBCT imaging considerations, technical parameters (Field of View, Voxel Size, Spatial and Contrast Resolution), image viewing, artifacts, machine calibration, and service. Addressing radiation dose, risks, and protection, the article outlines decision-making for 2D vs. 3D imaging. It underscores the responsibility of interpreting CBCT images, legal considerations, return on investment, and the …

The Governor’S Budget Awareness For Dentistry, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial highlights the significance of the Governor's proposed budget in February, marking a substantial step forward for oral health awareness in Michigan. The budget allocates funds for long-sought oral health initiatives, including addressing barriers to hospital-based dental care, enhancing Medicaid coverage for adults, and streamlining dental plans. With a focus on workforce availability, the editorial emphasizes the critical role of oral health in employability. The proposed budget, influenced by effective MDA advocacy, reflects a notable achievement in prioritizing dentistry, underscoring the potential for future opportunities.

J Mich Dent Assoc March 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A Cover Feature: "Open Your Eyes to 3D Imaging"
• A Clinical Feature: "CBCT in Clinical Practice: Guidance for Best Practice"
• A Clinical Feature: "Penicillin Allergy and Medical Referral to Promote Antibiotic Stewardship"
• An Access Feature: "The 2025 Michigan State Oral Health Plan"
• A 10-Minute EBD: "Digital Scans or Conventional Impressions: Which Results in Better Crowns?"
• News you need: …

Penicillin Allergy Assessment And Medical Referral To Promote Antibiotic Stewardship, Elaine Bailey Pharmd, Mackenzie Connell, Marie Fluent Dds, Erinne Kennedy Dds, Mph, Mmsc

The Journal of the Michigan Dental Association

Antibiotic stewardship is an integral practice for the dental team to ensure a safe dental visit for patients. Now, with clinical practice guidelines and state toolkits, more dentists are aware of and actively practicing antibiotic stewardship. With the application of antibiotic stewardship practices, dentists are identifying the need for additional tools to enhance practice. For example, one need that has been identified is a tool for screening patients for true penicillin allergies. The Penicillin Allergy Assessment Tool (PAAT) is a decision-making tool that can be used chairside to screen patients who report an allergy to penicillin. After screening, dentists can …

The 2025 Michigan State Oral Health Plan, Ellen Sugrue Hyman Jd

The Journal of the Michigan Dental Association

This feature article explores the 2025 Michigan State Oral Health Plan (SOHP), a comprehensive initiative developed by the Michigan Oral Health Coalition (MOHC) and a statewide coalition, including the Michigan Dental Association (MDA). With a focus on enhancing oral health for all Michigan residents, the SOHP prioritizes addressing economic and racial disparities. The plan, guided by three key goals—Increasing Awareness and Education, Dental-Health Integration, and Access and Infrastructure—aims to improve oral health outcomes. The article discusses the plan's development process, key findings highlighting existing disparities, workforce challenges, and the strategic implementation of the SOHP through collaborative efforts and workgroups.

Staff Matters: Is Our Practice Required To Mandate Employee Vaccination For Covid-19?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters Column addresses the confusion surrounding COVID-19 vaccination mandates for private dental practices. Following the U.S. Supreme Court's decision, the Centers for Medicare and Medicaid Services (CMS) vaccine mandate was upheld. However, the CMS rule, clarified through FAQs, applies to specific health care facilities accepting Medicare or Medicaid funding and does not include private dental practices. The article navigates the nuances of the CMS rule, emphasizing its impact on certain health care settings rather than private dental practices, offering clarity on vaccination requirements for dental professionals.

10-Minute Ebd: Digital Scans Or Conventional Impressions: Which Results In Better Crowns?, Laura Tsu Dds

The Journal of the Michigan Dental Association

This 10-Minute EBD column critically evaluates the outcomes of digital scans versus conventional impressions in fabricating single-unit crowns, focusing on factors such as marginal and internal fit. Employing a PICO question and a literature search pathway via PubMed, the analysis includes systematic reviews and meta-analyses. Findings suggest that crowns from digital scans generally exhibit clinically acceptable marginal and internal fit, often outperforming conventional impressions. However, heterogeneity in study samples and methodologies contributes to varied results. While digital scans meet the standard of care, ongoing research is essential for a comprehensive understanding of the evolving landscape in digital prosthodontics.

Unmet Legal Needs As Health Injustice, Yael Cannon

University of Richmond Law Review

In Part I, this Article examines the health justice framework through which laws are understood as determinants of health equity. In Part II, this Article argues that when unaddressed for low-income individuals, legal needs serve as social determinants of health. Applying the health justice framework, the Article examines the major domains of social determinants of health (“SDOH”) and identifies areas of law for which unmet legal needs contribute to poor health and health inequity. Specifically, it analyzes how the five major domains of SDOH of the Healthy People 2030 paradigm of the U.S. Department of Health and Human Services (“HHS”) …

The Future Of Wastewater Monitoring For The Public Health, Natalie Ram, Lance Gable, Jeffrey L. Ram

University of Richmond Law Review

This Article thus expands the extant literature by considering the legal and ethical dimensions of wastewater surveillance more thoroughly and more broadly. It arrives at an auspicious time, as the United States moves into a vaccine-mediated phase in which COVID-19 is less likely to give rise to broad stay-at-home orders and more likely to trigger narrower, more targeted interventions. It seeks to offer guidance for the legal and ethical use of wastewater surveillance along two dimensions. The first dimension considers the circumstances under which wastewater monitoring should be deployed for detecting and responding to COVID-19 specifically. The second dimension zooms …

Trustworthy Digital Contact Tracing, Emily Berman, Leah R. Fowler, Jessica L. Roberts

University of Richmond Law Review

This Article takes a closer look at digital contact tracing in the United States during the coronavirus pandemic and why it failed. It begins by explaining the shortcomings of traditional analog methods and the resulting need for digital contact tracing. It then turns to the norms regarding consent, the scope of the data collected, and the limits on subsequent use necessary for cooperative surveillance. We argue that any successful digital contact-tracing program must incorporate these elements. Yet while necessary, those strategies alone may not be sufficient. People justifiably lack trust in public health authorities, in new technologies, and in the …

Imagining A Better Public Health (Law) Response To Covid-19, Evan Anderson, Scott Burris

University of Richmond Law Review

This Article is not a thorough-going history of the pandemic response. By way of critique and suggesting a way forward for public health, we are going to imagine how public health—both the official agencies and the interconnected nodes in academia and health systems—might have approached COVID-19 differently. This is a story that focuses on good judgment as the lynchpin of optimal pandemic response and allows us to think about where good judgment seems to have been lacking, and how public health culture and institutions might change to improve the chances of better judgment next time.

Reforming Age Cutoffs, Govind Persad

University of Richmond Law Review

This Article examines the use of minimum age cutoffs to define eligibility for social insurance, public benefits, and other governmental programs. These cutoffs are frequently used but rarely examined in detail. In Part I, I examine and catalogue policies that employ minimum age cutoffs. These include not only Medicare and Social Security but also other policies such as access to pensions and retirement benefits, eligibility for favorable tax treatment, and eligibility for discounts on governmentally provided goods and services. In Part II, I examine different rationales underlying eligibility and discuss the imperfect fit between these rationales and the use of …

Your Liberty Is Not A Right To Jeopardize My Health: How A State Covid-19 Vaccine Mandate Promotes Health Justice, Rebecca L. Doloski

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic has once again brought the vaccine debate into the national spotlight. Except this time, whether to be vaccinated or not has become widely politicized and the rapid spread of misinformation has led to a deadly game of those who refuse to be vaccinated not only allowing themselves to be susceptible to a deadly virus, but also putting others at risk. In addition to the misinformation and politicization of this issue, the question of constitutionality of such measures is back in the spotlight as potential state vaccine mandates appear to be on the horizon. This paper seeks to …

New Innovation Models In Medical Ai, W Nicholson Price Ii, Rachel E. Sachs, Rebecca S. Eisenberg

Articles

In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those that resemble traditional medical devices in their functions—have received substantial attention in the legal and policy literature. But other types of novel AI technologies, such as those related to quality improvement and optimizing use of scarce facilities, have been largely absent from the discussion thus far. These AI innovations have the potential to shed light on important aspects of health innovation policy. First, these AI innovations interact less with the legal regimes that scholars traditionally conceive of as …

Expanding Medicaid In The Postpartum Period, Madison P. Harrell

University of Richmond Law Review

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 …

Neuroscience And Criminal Justice: Time For A "Copernican Revolution"?, John S. Callender

William & Mary Law Review

The main purpose of this Article is to argue for a fundamental change in the conceptual orientation of criminal justice: from one based on concepts such as free will, desert, and moral responsibility, to one based on empirical science. The Article describes research in behavioral genetics, acquired brain injuries, and psychological traumatization in relation to criminality. This research has reached a level of development at which the traditional approach to criminality is no longer tenable and should be discarded. I argue that mental health legislation provides a model that could be adapted and applied to offenders.

Sociotechnical Safeguards For Genomic Data Privacy, Ellen W. Clayton, Zhiyu Wan, Et Al.

Vanderbilt Law School Faculty Publications

Recent developments in a variety of sectors, including health care, research and the direct-to-consumer industry, have led to a dramatic increase in the amount of genomic data that are collected, used and shared. This state of affairs raises new and challenging concerns for personal privacy, both legally and technically. This Review appraises existing and emerging threats to genomic data privacy and discusses how well current legal frameworks and technical safeguards mitigate these concerns. It concludes with a discussion of remaining and emerging challenges and illustrates possible solutions that can balance protecting privacy and realizing the benefits that result from the …

The Perfect Storm: Substance Abuse, Mental Illness, And Rural America, Bailey D. Barnes

Faculty Publications

Across the United States in the late twentieth and early twenty-first century, substance abuse and mental illness have clashed with the criminal justice system to produce inequitable and tragic results. The War on Drugs especially affects rural communities, where resources for rehabilitative services, mental health treatment, and transitional housing are scarce. In these areas, the significant strain on the criminal justice system caused by the frequent intersection of substance abuse and mental illness has wrought overcrowded correctional facilities, congested criminal court dockets, exhausted public defenders, and devastated families. This Article is a case study of one such rural community's experience …

Open Your Eyes To 3d Imaging, Lea Al Matny Dds, Ms

The Journal of the Michigan Dental Association

This cover feature illuminates the transformative role of cone beam computed tomography (CBCT) in dental diagnostics and treatment planning. As CBCT evolves from specialized to commonplace usage, its impact on various dental specialties, including oral surgery, periodontics, orthodontics, and general dentistry, becomes apparent. The article underscores the necessity of understanding CBCT's fundamental concepts and emphasizes the importance of customized imaging protocols tailored to patients' needs. Comprehensive evaluation of CBCT scans reveals anatomical variations, aids in detecting periapical pathosis, visualizing root fractures, assessing external cervical root resorption, and contributes to airway analysis. Moreover, the article explores CBCT's expanding role beyond implant …

Dentistry And The Law: Winning Your Case And Still Being Sanctioned, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column discusses a perplexing scenario where a dentist, despite winning a licensing case trial, faces sanctions imposed by the Disciplinary Subcommittee (DSC) of the Board of Dentistry. The article unveils the intricate process of disciplinary actions, from administrative complaints to administrative hearings, emphasizing the pivotal role of the DSC in determining sanctions. It clarifies that success in an administrative hearing doesn't guarantee a favorable outcome, as the DSC holds ultimate authority, subject to limited Court of Appeals review.

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman

Buffalo Law Review

During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner-era decision. And the Supreme Court is largely to blame for these errors. Over the course of a century, four prominent …

Costly Gadgets: Barriers To Market Entry And Price Competition For Generic Drug-Device Combinations In The United States, Michael S. Sinha

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Legal Role In Building Sustainable Public Health Systems- Keynote, Mary Bufwack

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health- Speaker, Joanna Sax, E. Donald Shapiro Professor Of Law

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health, Jessica Mantel Professor And Co-Director

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health: New Payment Models And Delivery Systems, Dakasha Winston Senior Vp & Chief Government Relations Officer, Mark Ison, Beth Swenson Deweese Episodes Of Care Strategy Specialist

Belmont Health Law Journal

No abstract provided.