Health Law and Policy Commons^™

Hold Tightly To The Human Touch, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In this editorial, Dr. Dziurgot reflects on the diminishing human interaction in various services, from ordering food to medical appointments. The editorial emphasizes the importance of maintaining personal communication in dentistry, arguing that patient care should remain personalized and compassionate. The author reminisces about the personalized service of the past, stressing the need for dentists to engage directly with patients, understand their unique needs, and provide a welcoming environment. The piece calls for a return to human touch in professional practices, despite the convenience of modern technology.

Dentistry And The Law: Don’T Overlook Corporate Transparency Act Compliance, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Under the Corporate Transparency Act (CTA), entities existing as of January 1, 2024, must report beneficial ownership to FinCEN by December 31, 2024. Beneficial owners include those with 25% ownership or substantial control. Required information includes legal name, birthdate, address, and ID details. Non-compliance can result in severe civil and criminal penalties. Exceptions may apply for tax-exempt entities and large companies. Legal challenges to the CTA are ongoing, but compliance is advised.

Managing Medicaid Managed Care, Lance Plunkett Jd, Llm

The New York State Dental Journal

There is a system in place to ensure Medicaid managed care organizations operate properly. How effective these controls are is a different issue.

N Y State Dent J August-September 2024

The New York State Dental Journal

In the August-September 2024 issue, the reader will find the following feature articles:

• Success of Implant Placement in Patients with Human Immunodeficiency Virus
• Effects of Mandatory COVID-19 Testing Policy on No-Show Rates for Aerosol-Generating Procedures
• Heterotopic Bone Formation after TMJ Surgery
• Rural Oral Health Access Disparities in New York State

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.

Drug Clinical Trials Legislation In The European Union, Paola Sangiovanni, Flavio Monfrini, Marco Bertucci

Indian Journal of Law and Technology

The purpose of this article is to illustrate the basic tenets of European Union law on clinical trials. Such body of law has been progressively harmonized in the European Union over the years with the aim of subjecting interventional clinical trials conducted in any of the 27 European Union Member States to identical rules.

The article initially describes the reasons why clinical trials are important to measure the safety, efficacy and cost-effectiveness of innovative medical treatment. It then continues by illustrating the scope and basic principles of the current EU Regulation, as well as its main changes over the previous …

The Road To Energy Justice As A Result Of Interdisciplinary Cooperation In The Energy Policy Field, Michał Domagała, Katarzyna Maćkowska

Yearbook of Antitrust and Regulatory Studies

This article pertains to the role of law in regulating the energy market. Justice and solidarity in this area require a debate that should not be fragmented but must, instead, take place in an interdisciplinary manner. The key question that arises relates to the role that the law should play in the area of energy transformation, and thus, whether it should only be a tool for the implementation of political plans and action strategies, or whether it should, in itself, stimulate or determine the transition framework, or be a regulator of transformation. The article tackles selected problems related to Demand …

Dentistry And The Law: Unpaid Internships In Your Office: What You Should Know, Daniel Schulte Jd

The Journal of the Michigan Dental Association

A reprint of a previous Journal column, Mr. Schulte discusses how unpaid internships require careful legal consideration. Interns must primarily benefit educationally from their tasks to avoid being classified as employees, necessitating compensation. Office work typically performed by employees must not be assigned to interns. Patient consent is required to observe dental procedures, and interns must receive HIPAA training. Exposure to hazardous materials should be avoided, adhering to laws like Michigan’s Occupational Safety and Health Act. Proper training and task limitations ensure compliance and a beneficial internship experience.

J Mich Dent Assoc July 2024

The Journal of the Michigan Dental Association

Every month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists.

The July issue of the Michigan Dental Association (MDA) journal focuses on the member and public value of the association's Public Education Campaign through a cover story "Smile Brighter Michigan!". It also features articles on:

• How to get value from your MDA membership

• Joining the MDA Forensic Dental Team

• A new professional column, News you need, an editorial and regular department articles covering MDA …

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Smile Brighter, Michigan: Inside The Mda Public Education Campaign, Rich Evans

The Journal of the Michigan Dental Association

The Michigan Dental Association's (MDA) Public Education Campaign, active for over three decades, aims to improve oral health and encourage visits to MDA-member dentists across Michigan. Funded by member dues, the campaign uses digital advertising and the smilemichigan.com website to educate the public. Key initiatives include the Find-A-Dentist tool, the "Healthy Mouth, Healthy Body" program, and various community outreach efforts. Upcoming features include the "Story Behind Every Smile" campaign, highlighting personal stories about the impact of dental health. By promoting proactive oral care, the MDA supports better overall health for Michigan residents.

Look To Your Ada, Mda For Health, And Wellness Help, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This month, MDA Journal Editor Michelle C. Dziurgot, DDS, highlights dentists' mental health challenges, emphasizing the support available through the ADA and MDA. She references a 2021 survey showing high depression rates among dentists and lists depression symptoms. The ADA provides resources and a confidential health and wellness program. Similarly, the MDA offers the Member Assistance Program with counseling services for dentists and their families. Dziurgot urges dentists to seek help and not ignore their feelings, noting the persistent stress from the pandemic and the importance of utilizing available support.

The Mda Forensic Dental Team Needs More Volunteers, Patrick Houlihan Dds

The Journal of the Michigan Dental Association

The Michigan Dental Association Forensic Dental Identification Team (MDA-FDIT) urgently needs more volunteers. In this article, learn of their impressive record of service to the public and the profession, which has been widely recognized for the important role it plays in the identification of both individual victims and those of mass disasters. Formed in the early 1980s, MDA-FDIT plays a crucial role in identifying disaster victims using dental records. The team has been instrumental in identifying victims from incidents like the 1987 Northwest Flight 255 crash and has assisted in various mass-casualty situations, including 9/11 and Hurricane Katrina. MDA-FDIT works …

The New Professional: The Important Role Of Organized Dentistry In Early Career Success, Amrita Patel Dds

The Journal of the Michigan Dental Association

As a new dentist, navigating the professional world requires more than clinical skills; involvement in organized dentistry is crucial. It fosters personal and professional growth, provides continuous learning through seminars and workshops, and offers networking and mentorship opportunities. Additionally, it serves as a collective voice advocating for the profession’s interests, influencing policies, and fostering leadership development. Membership grants access to practice resources and support services, helping new dentists navigate challenges and build successful careers. Ultimately, organized dentistry creates a supportive community, essential for early career success.

Dobbs And Sterilization Decision-Making: Understanding The Coercive Spillover Effects In Reproductive Choice, Thomas Williams

Scholarly Articles in Law Reviews & Journals

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of …

Mda At Your Service: How Can I Protect My Practice From Cybercrime?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

Cybercrime poses a significant threat to dental practices. To safeguard against attacks, the federal Cybersecurity and Infrastructure Security Agency recommends educating employees on phishing, enforcing strong passwords, requiring multifactor authentication, and updating software regularly. Additional resources include Complete Dental IT for security assessments and MDA Insurance for cyber liability policies. Further support for dental practices includes the transferability of MDA Radiography Training vouchers, using specialized CPA firms for better financial insights, and guidance on insurance network decisions for hiring associates.

Mda Services: Five Tips To Recruit, Retain Good Employees, Reva Darling

The Journal of the Michigan Dental Association

In a competitive labor market, retaining and recruiting dental staff is challenging. Key strategies include offering health insurance, pre-tax benefit options, and retirement plans, which attract long-term employees. Providing vision insurance and discounts on auto and home insurance can further enhance employee satisfaction. Updating pay scales and utilizing temporary services like Stynt can also aid in filling staff positions.

Staff Matters: Supporting Working Parents As A Recruitment And Retention Strategy, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Supporting employees who are parents is essential. Harvard data shows 73% of employees have caregiving responsibilities, highlighting the need for proactive strategies. First, communicate with employees to understand their needs for flexibility. Consider offering flexible schedules, part-time roles, and on-call staff to manage absences. Partnering with local childcare providers for sick coverage and allowing children at work occasionally can also help. Clear communication and defined parameters for flexibility are crucial. Implementing these strategies can build a supportive culture, enhancing employee retention and commitment.

The States' Hodgepodge Of Physician Licensure Regulations, Tara Sklar, Christopher Robertson

Faculty Scholarship

The end of the federal COVID-19 public health emergency (PHE) on May 11, 2023, marked a pivotal shift in the landscape of telehealth regulation in the US. Kwan, Jolin, and Shachar analyze the implications of this transition by exposing inconsistencies in access to care. We agree that we now face a “convoluted patchwork of permanent and temporary changes to telehealth law and policy.”

Enforcing Intentional Motherhood: The Harrowing Consequences Arising From The Inconsistency Of Statutes Regarding Surrogacy, And How The Enforcement Of Surrogacy Contracts Is The Answer, Meena Hatab

Global Business Law Review

This Note discusses how the practice of commercial surrogacy is treated across the United States. Most notably, how the courts treat surrogacy contracts from state to state. A summary of how Canada views the practice of surrogacy will provide a general view into how the view of the practice is different across borders. It will be discovered that, while there is a federal law governing surrogacy in Canada, there is no federal law in either country that enforce surrogacy contracts or treat surrogacy contracts as valid contract between two adult parties. This is due to the preconceived notions of what …

Medical Aid In Dying (Maid): A Comparative Analysis Of Domestic And International Approaches To This Controversial Subject, Shaini Gofman

Global Business Law Review

This Note analyzes the Medical Aid in Dying (MAID) structures in various countries involving their eligibility criteria, application, and potential consequences. Section II analyzes MAID in the United States. Part A discusses the background and evolution of MAID laws in the United States on both a federal and state level. Part B is a multi-part analysis of the suggested expanded definition of terminal illness. Argument 1 evaluates the concept of the value of and respect for life; this is a threshold matter which will be the basis for the central arguments in this Note. Argument 2 explores the relationship between …

Cutting The Corporate Puppet Strings Off Your Physician’S Hands: How Approval Requirements For Material Health Care Transactions Will Improve Patient Outcomes, Jacqueline Grundfast

Brooklyn Journal of Corporate, Financial & Commercial Law

Health care expenditures have grown substantially in recent years, captivating the attention—and investments—of private equity firms. While funding appears attractive to health care institutions, the conflicting priorities of hospitals and firms regarding patient outcomes and monetary gain lead to detrimental impacts on the quality, access, and cost of patient care. These effects highlight the current deficit of federal and state regulation targeting private equity involvement in health care. Recently, states have responded to this absence of legislation by enacting or proposing new laws to govern material health care transactions. In May 2023, New York followed the trend, ratifying Article 45-A …

Societal Implications Of The Dobbs V Jackson Women's Health Organization Decision, Ellen Wright Clayton, Claire D. Brindis Dr., Ph.D., Melissa H. Laitner, Ph.D., Susan C. Scrimshaw, Ph.D., Barbara J. Grosz, Ph.D., Lisa A. Simpson, Md.

Vanderbilt Law School Faculty Publications

On June 24, 2022, the US Supreme Court's decision in Dobbs v Jackson Women's Health Organization marked the removal of the constitutional right to abortion in the USA, introducing a complex ethical and legal landscape for patients and providers. This shift has had immediate health and equity repercussions, but it is also crucial to examine the broader impacts on states, health-care systems, and society as a whole. Restrictions on abortion access extend beyond immediate reproductive care concerns, necessitating a comprehensive understanding of the ruling's consequences across micro and macro levels. To mitigate potential harm, it is imperative to establish a …

Liability For Use Of Artificial Intelligence In Medicine, Nicholson W. Price Ii, Sara Gerke, I. Glenn Cohen

Book Chapters

While artificial intelligence (AI) has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving healthcare providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability. At the outset, we note a few issues that shape our analysis.

Inpatient Care: Why Ai Must Be Kept Out Of Hospitals, Tawfik Abedali

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, Michael Anderson, Adrian Towse, Kevin Outterson, Elias Mossialos

Faculty Scholarship

In June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and …

A Model For Understanding Cedaw’S Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens

Cleveland State Law Review

This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply-rooted cultural norms perpetuating gender inequality, on hindering CEDAW’s ratification in the United States, as well as CEDAW’s effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations (“NGOs”) in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as gender …

High And Low: Abortion In The Press In The Late Nineteenth Century And Early Twentieth Century, Lawrence M. Friedman, Hutchinson Fann

Cleveland State Law Review

This Article analyzes the newspaper coverage of abortion in the late nineteenth century and early twentieth century. While coverage of abortion was spotty before the Civil War, we find that a great many articles on abortion appeared after 1850 and for the rest of the century. But by the early twentieth century, although abortion remained a common practice, newspaper coverage of the issue shrank almost to nothing. We examine why this rise and fall in abortion coverage occurred, and what these changes in press coverage tell us about the role of abortion in politics and culture.

The Health And Human Rights Impact Assessment: The Preeminent Value Of Equity, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The Health and Human Rights Journal launched 30 years ago at the dawn of the era of health and human rights. Health and human rights were more often viewed as being in tension than in harmony, and there was little guidance on the right to health itself. With the unabashed discrimination against people living with HIV/AIDS in the name of public health at the forefront of our minds, Jonathan Mann and one of us (LOG) sought to provide practical guidance on when and how human rights could be limited in the name of public health, developing the first health and …

Caught In The Middle: Providing Obstetric Care When Pregnant Women Have Complications, Ellen Clayton, Luke Gatta

Utah Law Review

Physicians in abortion-restrictive states who care for pregnant women who become ill are facing new challenges as they try to meet their patients’ needs while avoiding criminal prosecution on the one hand or civil litigation if there is a bad outcome, especially when care is affected by the threat of vague statutes, on the other. All these legal actions will occur in the public eye. Unfortunately, the proposed changes to HIPAA do not protect against criminal prosecution when the medical exception for the woman’s health is at issue.

Two changes are needed. The first is amending the state statutes to …

Examining The Constitutionality Of Legislative Medical Care Bans For Transgender Youth, John Mejia

Utah Law Review

As should be abundantly clear by this Article, the stakes of bans on genderaffirming health care for transgender adolescents are existential. The recent flood of state-law bans is a low point in the ongoing fight to ensure that all people truly enjoy the liberties and protections guaranteed by our state and federal constitutions. Stories like Utah’s are more likely the rule, not the exception. Legislatures around the country are rushing to push through this legislation as quickly as possible, seemingly to catch their opponents off guard. The overwhelming majority of federal district courts to consider these laws find them repulsive …

Mind The Gap: Toussaint And The Reception Of International Human Rights Law In Canada, Karinne Lantz

Articles, Book Chapters, & Popular Press

This article explores the reception of international human rights law (“IHRL”) in Canada and the enforcement gap that may arise when legislation is not passed expressly implementing human rights treaties that Canada has ratified. Despite establishing a variety of interpretive methods that may result in Canada’s binding IHRL obligations having domestic effect even when they are not expressly implemented, Canadian courts have struggled to provide clear and consistent guidance on how IHRL applies in Canada. The selective approach in Canada to implementing legislatively IHRL obligations may give rise to an enforcement gap when rights individuals purportedly enjoy under international law …