Health Law and Policy Commons^™

On The Nature Of Regulating Medication Abortion: A Post-Dobbs Analysis On The Legality Of Emerging Efforts To Ban Federally Approved Mifepristone, Yann Kaufman

MC Law Review

No abstract provided.

Formulating Public Pharma, Shweta Kumar

IPIPC Papers & Reports

In 2022, prices for both brand-name and generic drugs in the U.S. were nearly three times as high as prices in comparably industrialized nations, with the cost of insulin products in particular being nearly ten times as high. As a result, 3 out of 10 American adults cannot afford to take their medication as prescribed. Furthermore, in 2024 the U.S. experienced its worst drug shortage in over a decade, with more than 300 drugs in short supply. Generic drugs are particularly vulnerable to shortage, as manufacturers have poor economic incentives to produce drugs with slim profit margins. While the Biden …

Comity & Federalism In Extraterritorial Abortion Regulation, Jensen Lillquist

Michigan Journal of Gender & Law

On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization and held that states may regulate abortion in whatever manner they wish. In the wake of Dobbs, commentators and laypersons have focused primarily on its implications for reproductive rights and other fundamental rights—such as gay marriage. Less often discussed are the questions that arise regarding state extraterritorial jurisdiction. Since Dobbs, a patchwork of laws has developed: pro-life states have placed greater restrictions on abortion, while pro-choice states have sought to expand abortion access. Questions have arisen regarding whether and to what extent states may regulate the …

Abortion Access For Incarcerated People Post-Dobbs, Kate Bock

Michigan Journal of Gender & Law

Dobbs v. Jackson Women’s Health Organization has fundamentally altered the legal landscape regarding abortion access. Though abortion rights for all people across the United States have now been eliminated or are in jeopardy, incarcerated people are a particularly vulnerable group, given the way carceral institutions restrict autonomy and the drastic health implications of an unwanted pregnancy while confined. Before Dobbs, detained people retained the constitutional right to an elective abortion while incarcerated. To remedy violations of this right, women brought claims under the Fourteenth Amendment and the Eighth Amendment. In a post-Roe world, however, incarcerated folks denied abortion …

We Have Lost Our Minds: Bioethics After Dobbs, Teneille R. Brown

Utah Law Faculty Scholarship

This article examines the paradoxical treatment of autonomy in American healthcare law. While autonomy has become the dominant principle in medical ethics and neoliberal market philosophies, pregnant people have been systematically denied this same autonomy through increasingly restrictive abortion statutes. Using the rhetoric of “informed consent,” abortion-restrictive statutes ironically pervert the animating principles behind the doctrine—rendering it almost meaningless.  I argue that this contradiction stems from the dehumanization of pregnant people who seek abortions, particularly through the denial of their capacity to have individual, complex mental states and feelings. Drawing on moral psychology, the article demonstrates how pregnant people are …

From Biased Data Inputs To Your Discriminatory Diagnosis Outputs: A Review Of Legal Liability For Artificial Intelligence In Healthcare, Amber Bolden

Michigan Technology Law Review

While health disparities in America occur due to non-medical circumstances, certain protected classes experience healthcare disparities due to the biases of medical professionals. Biased diagnoses, both intentional or unintentional, have existed throughout the history of the medical profession. That those biases are becoming data for training algorithms raises concerns as the medical field increasingly incorporates and standardizes artificial and augmented intelligence in patient diagnosis and treatment. Currently unregulated but with lifedetermining potential, artificial intelligence (AI) when used in patient treatment leads to important questions: should the doctor, the provider, or the AI developers be liable, and for what? Section II …

Dentistry And The Law: Data Bank Reporting: A Consequence Of An Administrative Complaint, Daniel Schulte Jd

The Journal of the Michigan Dental Association

In this month's Dentistry and the Law column, MDA's Legal Counsel Dan Schulte explains that a Michigan dentist who settled a licensing complaint and agreed to probation, continuing education, and a fine, is surprised to learn the action was reported to the National Practitioner Data Bank (NPDB). The dentist assumed the settlement would be confidential. The column clarifies that the NPDB report is mandatory under federal law for formal proceedings, which includes compliance conferences, regardless of whether an administrative hearing occurs. The author advises that legal representation could have clarified this and outlines limited options to avoid NPDB reporting.

The New Professional: Starting A Practice Vs. Buying: What’S Right For You?, Amrita Patel Dds

The Journal of the Michigan Dental Association

This month's New Professional column explores the key decision of whether to start a new dental practice or purchase an existing one. Starting a practice offers flexibility in creating a brand and using the latest technology but requires building a patient base from scratch and managing upfront costs. Purchasing an existing practice provides immediate cash flow and an established patient base but requires more upfront investment and adapting to existing systems. Dentists should consider financial readiness, long-term goals, and work-life balance when making this decision.

J Mich Dent Assoc November 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Associationprovides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The November issue includes:

• Clinical Feature on discontinuation of lead apron use for dental radiology
• An introduction to the MDA Team and how they can be contacted to serve specific member needs
• A Back Page article on beginning practice and family
• Regular Departments: New Dentist Column, Updates on the MDA Foundation, MDA Services, Dentistry and the Law, Staff Matters

This month we welcome …

Mda Services: Now Is The Time To Assess Your Practice’S Risk Of Embezzlement, Reva Darling

The Journal of the Michigan Dental Association

In Healers Versus Stealers (2023), David Harris highlights that dentistry faces over $1 billion in embezzlement annually. Harris, CEO of Prosperident, offers strategies to prevent theft in dental practices. Embezzlement involves not only cash theft but also fraudulent use of payments, payroll manipulation, and misappropriation of supplies. Prosperident provides investigation and preventive services, such as Owner Proactive Strategies, to help dentists safeguard their finances. The MDA endorses Prosperident and offers members discounts and free risk assessments. Orthodontic practices are particularly vulnerable to embezzlement, making preventive measures essential for all dental professionals.

Establishing A Perinatal Medical-Legal Partnership To Address The Health-Harming Legal Needs Of Pregnant And Postpartum Birthing People, Loral Patchen, Roxana Richardson, Lisa Kessler, Deborah Perry, Kimberly Martinez, Vicki W. Girard

Georgetown Law Faculty Publications and Other Works

This Report from the Field chronicles the establishment of Georgetown University’s Perinatal Legal Assistance and Wellbeing Project, a medical-legal partnership in Washington, D.C. It describes foundational steps, implementation strategies, and lessons learned, and reflects on impacts of addressing the unmet legal needs of birthing individuals.

Personhood, Politics, Assisted Reproduction, And The Law Post-Dobbs, Myrisha S. Lewis

Faculty Publications

With the end of the federal constitutional right to abortion, state legislatures and state courts have become far more important in the sphere of reproductive rights. Before Dobbs, anti-abortion advocates had significant (albeit increasingly porous) ceilings on what they could prohibit in relation to reproductive health care. A significant check on those actions is now gone.

In the wake of Dobbs, societal debates about personhood have increased and expanded in terms of their practical implications. Before Dobbs, anti-abortion advocates admitted that Roe and subsequent cases limited the scope of their arguments, especially in relation to the legality …

Discontinuing The Use Of Lead Aprons And Thyroid Collars In Dental Imaging: Evidence-Based Guidance For Michigan Clinicians, Erika Benavides Dds, Phd, Fabiana Soki Dds, Mdsc, Phd, James R. Geist Dds, Ms, Dennis Palmieri Mph, Jd

The Journal of the Michigan Dental Association

Recent guidelines from the AAOMR and ADA recommend discontinuing the routine use of lead aprons and thyroid collars during dental imaging, citing negligible radiation exposure from modern technologies and the ineffectiveness of these shields against internal scatter radiation. Despite strong evidence, Michigan clinicians may face challenges in adopting this change due to patient concerns and outdated regulations.

This article offers practical guidance for transitioning to these updated standards, emphasizing the importance of patient communication and education while highlighting Michigan's current regulatory framework.

N Y State Dent J November 2024

The New York State Dental Journal

In the November 2024 issue, the reader will find the following feature articles:

• NYS Workers' Compensation & No-Fault Cases: The Good, the Bad, and the Ugly
• Social Media Use by Dental Students in Dental Education
• Guidelines for Interproximal Enamel Reduction (IPR)
• Exophytic and Focally Ulcerated Mass on the Mandibular Gingiva

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.

The Courts Strike Back, Lance Plunkett Jd, Llm

The New York State Dental Journal

Issues of water fluoridation and noncompete agreements continue to undergo legal scrutiny, with no clear-cut answers in the offing.

Antiracist Medicine In Colorblind Courts, Govind Persad

Michigan Law Review

This Article considers how health professionals’ efforts to combat racial health inequities interact with legal restrictions constraining their ability to consider race. In light of the Roberts Court’s recent invalidation of two university admissions programs, intensifying a “colorblind” judicial shift, the collision between antiracist medicine and colorblind law is a pressing concern. This Article anticipates the implications of this collision and explores how health professionals and systems can design programs that survive judicial examination.

In Part I, the Article examines the frameworks that will apply if antiracist medicine faces legal challenges. These include the Equal Protection Clause and federal statutes …

The Courts, Congress, And The Bureau Of Prisons: Using The First Step Act As An Impetus For Accountability And Legal Reform Of The Federal Carceral System, Sarah E. Ryan

Journal of Civil Rights and Economic Development

(Excerpt)

On December 18, 2018, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, or First Step Act, became law. The Act reflected decades of social, racial, and economic justice advocacy and years of legislative work. In the five years preceding the Act’s passage, lawmakers built a new case for criminal justice reform.

...

From 2018 to today, the First Step Act has galvanized discussions about what comes next in criminal justice reform. Most observers have criticized the limited architecture and implementation of the Act, but some have hailed the Act’s utility during the COVID-19 pandemic and …

Equalizing Disproportionate Death And Punishment In Black And Brown Communities: An Emergency Shutdown On Death, Inequality, And Deliberate Indifference, Angela Dixon

Journal of Civil Rights and Economic Development

(Excerpt)

According to an old saying, “death is the great equalizer.” But is it? It may be in the sense that absent a contravening force, it is an appointment that all must keep. Yet data indicates that all do not die equally. Socioeconomic status (“SES”), which includes levels of occupation, education, income, and wealth, all delay or advance mortality. People of a higher SES outlive, generally, people of a lower SES; moreover, such disparities continue to widen as trends of income inequality intensify.

Perhaps predictably, race, just like class, exacerbates inequities. Black Americans in the United States remain the pivotal …

Developing Thick Skin: Pediatric Eczema In Vulnerable Communities And Fda Regulation Of Cosmetic Products, Abayomi Jones Md, Jd

Journal of Law and Health

Eczema is a common yet serious inflammatory skin condition affecting millions of children in the United States. Dark skin and/or African-American ethnicity are risk factors for increased eczema severity, most likely due to systemic racism expressed as lower socioeconomic status, increased environmental toxin exposure, decreased access to adequate medical care, and infrequent implementation of early intervention practices. Skin-directed management of eczema for caregivers is critically important for improving clinical outcomes of children with eczema. Skin-directed management of eczema includes avoidance of allergens and appropriate moisturization of skin, which warrants evaluation of cosmetic products like lotions, creams and oils essential for …

Transcript: Structural Racism, The Healthcare System And Health Justice, Ruquaiijah Yearby

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Journal of Law and Health

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

Transcript: Patient Reported Outcome Measures, Dr. Sharona Hoffman

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Transcript: Rethinking Federalism In Health Care, Allison Whelan

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Countering Workplace Wellness Bias Through Wellness-Legal Partnerships, Barbara J. Zabawa Jd, Mph

Journal of Law and Health

In the current United States economy, wellness is predominantly marketed to society’s privileged individuals, catering to a mostly white and high-income clientele. When marginalized communities encounter wellness services, such as in the workplace, they are faced with an implicitly biased industry. These biases include an emphasis on individual behavior change without considering social determinants of health (SDOH), cultural appropriation of wellness activities for capitalistic gain, use of biased health measures like Body-Mass Index (BMI), and constant images of and expectations of achieving a stereotypical healthy body. The legal community must wake up to these biases and advocate for more equitable …

Medical Consensus On Gender Affirming Care's Critical Impact On Incarcerated Black Transgender Women, John Parsi

Journal of Law and Health

In Kosilek v. Spencer the U.S. Court of Appeals for the First Circuit adopted The World Professional Association of Transgender Health Standards of Care (WPATH SOC) as medical consensus on gender affirming care and held that Michelle Kosilek could access gender affirming care but that she did not meet the criteria for gender affirming surgery. In Gibson v. Collier the U.S. Court of Appeals for the Fifth Circuit with a sparse record and no expert testimony denied Vanessa Lynn Gibson access to gender affirming surgery and incorrectly claimed that Kosilek did not support the WPATH SOC as representing the medical …

Unshackled: Why Eliminating Health Disparities Requires That Our Criminal Justice System Set Incarcerated Mothers And Their Developing Children Free, Angela Dixon

Journal of Law and Health

Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (“ACES”) or lifelong damage to their physical and mental health. The experiences may be the same for children born already to the mother, as they endure the suffering of parental separation during the mother’s absence. In terms of racial health disparities, such captivity presents at least a triple threat—harm to the health of the mother, harm to the health of the unborn fetus, and harm to the health of children born …

Gut Check: Why Obesity Is Not A Disability Under Tennessee Law And How The Legislature Can Address The Obesity Epidemic, Jennifer Vallor

Tennessee Journal of Law and Policy

No abstract provided.

Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter

Tennessee Journal of Law and Policy

My patient, a twenty-eight year old woman, presented with a three-week history of constant twitching of her left lower eyelid. She found it distracting and annoying, albeit it did not impair her vision. She had no other ocular symptomatology. Past ocular and medical histories were unremarkable, and she took no medications. She was preoccupied with a toxic divorce, which was traumatizing her eight-year-old son. She noted difficulty falling and staying asleep. Six weeks prior, her internist pronounced her a healthy but stressed woman. My examination revealed left lower orbicularis myokymia, i.e., spontaneous, involuntary twitching of the left lower eyelid. Her …

Covid-19 And The Populist Governments Approach To Pandemic Management: A Nuanced Analysis, Fozia Nazir Lone, Anthony Carty

Buffalo Human Rights Law Review

This article addresses international law discourse in the post- COVID-19 era. The first part engages with questions about China, its liability, and the complex legal discourse on causation. The present position of the WHO is that COVID-19 is a zoonotic virus like SARS. The nature of the spillover event remains unclear, but the first human case was identified at some point in Wuhan, China, in December 2019. For the reasons outlined in Part I, the scholarly consensus has been that claims against China appear unjustifiable. The two case studies in Part II demonstrate the factors involved in local pandemic management …

When “The Right To Life” Forgoes Quality Of Life: Examining The Public Policy Impacts Of Mississippi’S Abortion Ban On Women Post-Dobbs, Eleanor Condelles

Buffalo Human Rights Law Review

On June 24, 2022, the Supreme Court eliminated the right to abortion. Its ruling in Dobbs v. Jackson Women’s Health Org. overturned Roe v. Wade and was the culmination of a decades-long attack on abortion rights and accessibility. Without a federal abortion standard, it is now up to each state to determine women’s access to abortion. This system will produce a tiered structure of abortion access, causing significant health and socioeconomic burdens for women generally and reinforcing fundamental social inequities. Women of means will find ways around the Dobbs decision; others, who lack finances, childcare, or the ability to travel …