Health Law and Policy Commons^™

Editors' Note, Rachel Keylon, Meghen Sullivan

Sustainable Development Law & Policy

For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.

Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

The Hipaa Privacy Rule At Age 25: Privacy For Equitable Ai, Barbara J. Evans

UF Law Faculty Publications

This Article argues that unconsented access to data is not ethically problematic in and of itself. What has made it problematic is the weak framework of alternative protections that the Privacy Rule prescribes when data are used without individual consent. This Article proposes specific measures to strengthen those protections so that the pursuit of greater health care equity need not imply a loss of meaningful privacy standards.

Part I describes two competing visions of how to protect data privacy, examining the roots of ongoing discontent with the Privacy Rule and tracing policymakers’ original rationale for fashioning a major federal privacy …

Dentistry And The Law: Did I Commit Fraud?, Dan Schulte Jd

The Journal of the Michigan Dental Association

The dentist is under audit by a dental plan due to issues with claims, but inattention or mistakes do not necessarily constitute fraud. For fraud to be established, specific conditions must be proven, including knowledge, intent, and damage to the dental plan. The burden of proof is high for criminal fraud, making it unlikely in this situation. The dentist's main concern should be a breach of their participation agreement and the need for better billing practices.

J Mich Dent Assoc July 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry 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 story on recognizing mental health concerns in the dental workplace.
• Commentary by a foreign-trained dentist on difficulties in obtaining licensure.
• MDA 2023-04 Continuing Education Course Catalog
• A feature on addressing the current dental assisting workforce shortage.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff …

Is A Child's Life Twice As Valuable As An Adult's?, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The rise of interest in evidence-based policymaking has created incentives for regulatory agencies to demonstrate the overall benefit-cost merits of their policies. An agency can use evidence to choose more cost-beneficial policies, or it can create the appearance of desirable policies by changing the ground rules by which it assesses a policy's merits.

The Consumer Product Safety Commission (CPSC) recently chose the latter course when monetizing the benefit of mortality risk reductions for children from a proposed safety standard for operating cords on custom window coverings. The cords are currently estimated to be responsible for nine fatal injuries annually. Each …

Mental Health In The Dental Workplace: Recognizing Signs, Communicating Concern, And Sharing Resources, Karen M. O'Brien, Karoline J. Trovato

The Journal of the Michigan Dental Association

Dentists face numerous concerns in the workplace, including stress, burnout, anxiety, and depression. Mental health concerns affect the workplace in profound ways, including engagement in and quality of work and patient care, the level of productivity, and health care costs. Recognizing mental health concerns is an important first step in assisting dentists and their staff in receiving needed assistance from mental health professionals. Steps that dentists can use to communicate their concerns and share resources are provided. Finally, a prevention model is presented to promote mental health and workplace well-being in the practice of dentistry.

For Foreign-Trained Dentists: Ongoing Struggles With Dental Licensure, May Kallas Bds

The Journal of the Michigan Dental Association

This commentary discusses foreign-trained dentists' challenges in obtaining licensure in the United States. The author highlights the complexities of the licensure process, compares it to the evolution of licensure standards within the U.S., and emphasizes the need for a more standardized and accessible national dental licensure process.

The Coalition For Epidemic Preparedness Innovations (Cepi) And The Partnerships Of Equitable Vaccine Access, Sam F. Halabi, Lawrence O. Gostin, Kashish Aneja, Francesca Nardi, Katie Gottschalk, John T. Monahan

Georgetown Law Faculty Publications and Other Works

This article highlights and evaluates the role of CEPI and its contribution to global equitable access to COVID-19 vaccines through its established partnerships for vaccine development. The article adds to the understanding of how and when such partnerships can work for public health, especially under emergency citations. The relatively spontaneous and effective cooperation between major international organizations shortly after the pandemic declaration played a significant role in reducing to a material extent COVID-19’s burden of disease and death. Future pandemic preparedness, prevention, and response will require that collaborations of this kind be sustained and effective going forward.

Konsep Kecakapan Subjek Hukum Dalam Kewenangan Bertindak Pada Hukum Perkawinan Di Indonesia Dari Perspektif Psikologis, Imelda Martinelli, Joko Priyono, Yunanto Yunanto

Jurnal Hukum & Pembangunan

This study explores the concept of 'injustice' in legal policy, focusing on the 'criterion of injustice' from the perspective of the individual's legal rights. The study identifies several differences in Indonesian legal systems, but focuses on the 'injustice' principle as a common principle in the legal system. The study also discusses the concept of 'injustice' as a legal principle that can be applied both in the public and private sectors. The study also highlights the role of 'law' in legal policy, which is a central aspect of legal research and is still present in the legal system. The study distinguishes …

Should Canada Adopt Managed Access Agreements In Canada For Expensive Drugs?, Melanie Mcphail, Tania M. Bubela

Office of the Provost

Drugs are increasingly authorized based on less mature evidence, leaving payors faced with significant clinical and cost-effectiveness uncertainties. As a result, payors must often choose between reimbursing a drug that may not turn out to be cost-effective (or may even be unsafe) or delaying the reimbursement of a drug that is cost-effective and offers clinical benefit to patients. Novel reimbursement decision models and frameworks, such as managed access agreements (MAAs), may address this decision challenge. Here, we provide a comprehensive overview of the legal limitations, considerations, and implications for adopting MAAs in Canadian jurisdictions. We begin with an overview of …

Genetic Technologies: Patent Protections & The Case For Technology Transfer, Smitha Gundavajhala

Washington Journal of Law, Technology & Arts

Genetic technologies range in scope from agricultural to medical applications. Most recently, during the COVID-19 pandemic, companies like Moderna developed and patented genetic technologies for diagnostic and therapeutic purposes, like the mRNA vaccine. However, patent protection provides these companies with a monopoly that ultimately limits domestic production of generic versions, thus limiting access to life-saving diagnostics and therapeutics. When a company located in one country files a patent for recognition in another country, it effectively places a hold on production of any technologies covered by that patent’s reach, whether that patent is enforced or not. However, the TRIPS Agreement, the …

“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution, Kaitlin Campanini

Washington Journal of Law, Technology & Arts

Telehealth’s expansion during the COVID-19 pandemic has drastically changed the approach to healthcare in the United States. This is particularly true in the behavioral health sector where several behavioral telehealth companies have emerged to treat Attention-Deficit/Hyperactivity Disorder (“ADHD”). These companies utilize a direct-to-consumer (“DTC”) model with a virtual platform that connects subscribing patients to medical providers who can treat them for ADHD. Although this telemedicine model emphasizes convenience and efficiency, the reality is that those benefits come at the cost of patient care. The federal regulations promulgated in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 to curtail …

The Origins Of Covid-19 — Why It Matters (And Why It Doesn’T), Lawrence O. Gostin, Gigi K. Gronvall

Georgetown Law Faculty Publications and Other Works

When Health emergencies arise, scientists seek to discover the cause — such as how a pathogen emerged and spread — because this knowledge can enhance our understanding of risks and strategies for prevention, preparedness, and mitigation. Yet well into the fourth year of the Covid-19 pandemic, intense political and scientific debates about its origins continue. The two major hypotheses are a natural zoonotic spillover, most likely occurring at the Huanan Seafood Wholesale Market, and a laboratory leak from the Wuhan Institute of Virology (WIV). It is worth examining the efforts to discover the origins of SARS-CoV-2, the political obstacles, and …

The Shared Ethical Framework To Allocate Scarce Medical Resources: A Lesson From Covid-19, Ezekiel J. Emanuel, Govind C. Persad

Sturm College of Law: Faculty Scholarship

The COVID-19 pandemic has helped to clarify the fair and equitable allocation of scarce medical resources, both within and among countries. The ethical allocation of such resources entails a three-step process: (1) elucidating the fundamental ethical values for allocation, (2) using these values to delineate priority tiers for scarce resources, and (3) implementing the prioritisation to faithfully realise the fundamental values. Myriad reports and assessments have elucidated five core substantive values for ethical allocation: maximising benefits and minimising harms, mitigating unfair disadvantage, equal moral concern, reciprocity, and instrumental value. These values are universal. None of the values are sufficient alone, …

Three New Actions Enter Legal Landscape, Lance Plunkett Jd, Llm

The New York State Dental Journal

Latest legal maneuvers cover a variety of fronts with potential impact on dental practices.

A Pandemics Treaty: A Boon For Africa, Kafumu Kalyalya

Southern African Journal of Policy and Development

This article illustrates the weaknesses of the current global health framework. It highlights two pillars a new treaty regime ought to be built upon. The analysis seeks to establish how these pillars could have helped Africa during the pandemic and can indeed help Africa in future pandemics. The analysis suggests the need for a unified global health regime or pandemics’ treaty that promotes a level legal and political playing field regarding future pandemics. The treaty could focus on coordination of research and development; build a stronger global framework that reinforces legal obligations and norms; provide for universal access to medicines, …

Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson

Faculty Works

This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …

Public Health Law—Punishing Pain: Why Treating Chronic Pain With Opioids Needs A New Standard Of Care, Robert Stodola

University of Arkansas at Little Rock Law Review

No abstract provided.

Interview: Dr. Eric Knudsen 2023-24 Mda President, David Foe Ma

The Journal of the Michigan Dental Association

Dr. Eric Knudsen, the 2023-24 MDA President, brings a wealth of experience and dedication to his new role. Hailing from the Upper Peninsula and a family of dentists, he discusses his goals for the year, including addressing access to dental care, promoting member assistance and well-being programs, and advocating for new dentists. He also shares insights on rural dentistry, community involvement, and increasing member participation in organized dentistry.

Dentistry And The Law: Accessing/Disclosing Prescription Information On Software Platforms, Dan Schulte Jd

The Journal of the Michigan Dental Association

This article discusses the access and disclosure of prescription information on software platforms like eScribe and MAPS. It highlights that HIPAA regulations govern such access, and as long as the information is obtained through business associate agreements and used for treatment purposes, specific patient consent may not be necessary. The article also mentions that the Michigan Automated Prescription System (MAPS) allows prescribers to access controlled substance prescription information without requiring patient consent.

Mda At Your Service: How Can I Learn More About Insurance Plan Contracts?, Kristin Johnson Dds, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This month’s column from the Chair of the Membership Committee, and the Michigan Dental Association (MDA) Membership Department, addresses various resources for understanding dental insurance plans, switching local dental societies, Business Associate Agreements for HIPAA compliance, and changes in implicit bias training requirements. The article also mentions volunteer opportunities to help underserved patients through MDA-affiliated programs and the future Mission of Mercy.

Staff Matters: Which Of Our Staff Are Hourly Vs. Salaried?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article addresses the classification of employees as hourly (non-exempt) or salaried (exempt) in the context of dental practices. It outlines the Fair Labor Standards Act (FLSA) rules, including the current minimum salary threshold of $684 per week and the potential for changes in overtime regulations. The article also discusses the duties tests for various white-collar exemptions and provides guidance on correctly classifying common dental practice positions to ensure compliance with the law.

Headquarters Report: A Look At Some Of The Changes Over The Past 10 Years, Karen Burgess Cae

The Journal of the Michigan Dental Association

In what became her final report to the MDA House of Delegates, our late Executive Director Karen Burgess reflects on the changes in the dental profession and organized dentistry over the past decade. This transcription of her remarks highlights shifts in dental schools, practice choices, demographics, and market shares within the ADA and MDA. It also discusses societal trends like generational shifts, diversity, the job market, social media, and personal technology, emphasizing how they align with the dental profession. She outlines the MDA's proactive steps to address these changes and ensure that the association remains responsive to evolving needs.

J Mich Dent Assoc June 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry 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 story interview introducing new MDA President Eric Knudsen of Escanaba.
• A feature review of the 2023 MDA Annual Session held in Grand Rapids.
• MDA President Dr. Benivegna's Opening Remarks before the 2023 House of Delegates.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, …

The 2023 Mda Annual Session: Good Times, Great Meeting, David Foe Ma

The Journal of the Michigan Dental Association

The 2023 MDA Annual Session was a successful event, with over 2,600 dental professionals attending in downtown Grand Rapids. Highlights included engaging keynote addresses, informative CE courses, a bustling exhibit hall, and various social events. The MDA Foundation's Sparkling Smiles Celebration raised funds to support dental scholarships and improve access to care. The event provided valuable networking opportunities and resources for attendees.

President’S Address: Dr. Vince Benivegna, Vince Benivegna Dds

The Journal of the Michigan Dental Association

Dr. Vince Benivegna, the outgoing President of the Michigan Dental Association, addressed the House of Delegates, emphasizing the significant progress in enhancing Adult Dental Medicaid coverage and reimbursement in Michigan. He thanked the dedicated individuals who supported him during his tenure and shared his journey. Dr. Benivegna lauded Michigan's accomplishments in reducing opioid prescribing and highlighted the MDA's role as a model state society in advocacy, leadership, mentorship, continuing education, diversity, equity, and inclusion. He praised Michigan's achievements in improving Adult Dental Medicaid, encouraging Michigan dentists to participate and help address oral health disparities. Dr. Benivegna underscored how this aligns …

N Y State Dent J June-July 2023

The New York State Dental Journal

In the June-July 2023 issue, the reader will find the following feature articles:

• Understanding Persistent Bleeding in Children
• Sinus Tract vs. Fistula: There is a Difference
• What is the Prevalence of Temporomandibular Joint (TMJ) Condylar Osteoarthritis in an Asymptomatic Oral and Maxillorfacial Surgery Department Population?

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.

Developing Ethics And Equity Principles, Terms And Engagement Tools, Ellen W. Clayton, Rachele Hendricks-Sturrup, Shilo Anders, Et Al.

Vanderbilt Law School Faculty Publications

Background:

Artificial intelligence (AI) and machine learning (ML) technology design and development continues to be rapid, despite major limitations in its current form as a practice and discipline to address all sociohumanitarian issues and complexities. From these limitations emerges an imperative to strengthen AI and ML literacy in underserved communities and build a more diverse AI and ML design and development workforce engaged in health research.

Objective:

AI and ML has the potential to account for and assess a variety of factors that contribute to health and disease and to improve prevention, diagnosis, and therapy. Here, we describe recent activities …

When Patients Are Assailants: Valuing Occupational Risks, W. Kip Viscusi, Elissa P. Gentry

Vanderbilt Law School Faculty Publications

Intentional violence against healthcare workers inflicts a physical and mental toll, motivating legislative proposals to better regulate these occupational risks. This article uses this context to address two novel issues for benefit assessment raised by injuries from assailants: potential heterogeneity in valuation based on the context of the injury risk and possible reductions in self-reported valuations when the exposed population has been trained to feel responsible for the risk. This article presents experimental evidence on workers’ preferences over the form of intervention: protection (risk reduction) or insurance (cost-sharing). The experiment also elicits worker valuations of occupational health care risks, calculating …