Health Law and Policy Commons^™

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities

The University of New Hampshire Law Review

In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …

Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad

Cardozo Law Review

United States companies are increasingly drafting consumer contracts that are complex and unreadable, thus making it difficult for many Americans to comprehend terms of use that apply to goods and services. Many U.S. companies are creating terms of use that are, in effect, rights-foreclosure schemes. Many consumer agreements cap damages at a nominal amount, disclaim all warranties, limit remedies, and impose mandatory arbitration clauses and class action waivers. U.S. courts enforce these unfair mass-market contracts with few exceptions. My proposal for a New Deal for Consumer Contracts, as described in this Article, would impose a more exacting readability standard, enforcing …

Designing For Justice: Pandemic Lessons For Criminal Courts, Cynthia Alkon

Faculty Scholarship

March 2020 brought an unprecedented crisis to the United States: COVID-19. In a two-week period, criminal courts across the country closed. But, that is where the uniformity ended. Criminal courts did not have a clear process to decide how to conduct necessary business. As a result, criminal courts across the country took different approaches to deciding how to continue necessary operations and in doing so many did not consider the impact on justice of the operational changes that were made to manage the COVID-19 crisis. One key problem was that many courts did not use inclusive processes and include all …

Optimizing Disaster Preparedness Planning For Minority Older Adults: One Size Does Not Fit All, Omolola E. Adepoju, Luz E. Herrera, Minji Chae, Daikwon Han

Faculty Scholarship

By 2050, one in five Americans will be 65 years and older. The growing proportion of older adults in the U.S. population has implications for many aspects of health including disaster preparedness. This study assessed correlates of disaster preparedness among community-dwelling minority older adults and explored unique differences for African American and Hispanic older adults. An electronic survey was disseminated to older minority adults 55+, between November 2020 and January 2021 (n = 522). An empirical framework was used to contextualize 12 disaster-related activities into survival and planning actions. Multivariate logistic regression models were stratified by race/ethnicity to examine the …

Medical Harm Without Negligence, Valerie Gutmann Koch

Fordham Law Review

In December 2019, seven women from one family underwent highly invasive surgeries based on genetic test results that indicated that each were at significant risk of developing cancer by age seventy. Subsequently, after procedures that (among other things) permanently scarred and disfigured their bodies and ended their chances of having biological children, they learned that their particular mutation was not, in fact, pathogenic.

This Article focuses on a previously under-recognized problem: what happens when a patient’s previously classified pathogenic variant is downgraded to uncertain (or even benign) status? Intuitively, it might seem that the genetic testing company, the surgeons, or …

Navigating A Multi-Billion Dollar Industry: Protecting Drug-Related Inventions To Further Research And Development, Minal Patel

Brooklyn Journal of Corporate, Financial & Commercial Law

Even with advancements in science and technology, pharmaceuticals continue to find themselves tethered to patent protection guidelines that once ensured revenue would continue to flow and provide funding for the next blockbuster drug or antibodies. However, as the Federal Circuit appears to inch towards unpredictability in the realm of patent validity, challenges involving patenting are imminent. In fact, gaps are forming in the ability of pharmaceuticals to further research and develop drugs. This Note proposes a solution that encapsulates a more precise standard supported by economic and policy rationales to determine patent validity. It begins with the general requirements of …

Ensuring An Inclusive Environment For Deaf And Hard Of Hearing Patients, Joseph Samona Dds, Michael Korleski Rdh, Bsdh, Stephen J. Stefanac Dds, Ms

The Journal of the Michigan Dental Association

This article emphasizes the need for an inclusive environment in dental practice for Deaf and hard of hearing (DHH) patients. It sheds light on the challenges faced by DHH patients during dental appointments, such as communication barriers due to mask-wearing and lack of sign language interpreters. The article highlights the importance of using proper terminology, understanding communication preferences, and providing accommodations to ensure effective communication with DHH patients. It also discusses legal requirements, including the Americans with Disabilities Act, to provide reasonable accommodations. Ensuring inclusivity in dental practice is essential to improving access to care and enhancing oral health outcomes …

The Art In Science: The University Of Michigan’S Bioartography Project, Deborah L. Gumucio Phd

The Journal of the Michigan Dental Association

"The Art in Science: The University of Michigan’s BioArtography Project" emphasizes the importance of using art to convey scientific information to the public. Scientists and medical professionals often struggle to communicate their research effectively to non-experts. The BioArtography Project, initiated in 2005, combines art and science to bridge this communication gap. It features striking images of cells and tissues under microscopes, accompanied by lay-language descriptions of the research behind each image. The project aims to engage the public, stimulate curiosity, and convey information about scientific discoveries. BioArtography images have led to meaningful discussions with the public, dispelling myths and educating …

Why Money Is Well Spent On Time, Michael Ulrich

Faculty Scholarship

There are a few reasons why incentivizing clinicians to spend more time with patients can improve health outcomes. Doing so affords clinicians time to assess social determinants’ influences on their patients’ health experiences; offers opportunities to identify and respond to patients’ loneliness; and helps motivate patients’ trust in health care, strengthen patient-clinician relationships, and bolster patients’ adherence to clinicians’ recommendations.

The First Amendment And Online Access To Information About Abortion: The Constitutional And Technological Problems With Censorship, John Villasenor

Northwestern Journal of Technology and Intellectual Property

To what extent could an abortion-restrictive state impede access to online information about abortion? After Dobbs, this question is no longer theoretical. This essay engages with this issue from both a legal and technological perspective, analyzing First Amendment jurisprudence as well as the technological implications of state-level online censorship. It concludes that the weight of Supreme Court precedent indicates that state attempts to censor information regarding out-of-state abortion services would violate the First Amendment. That said, the essay also recognizes that as Dobbs itself upended precedent, it is unclear what Supreme Court would do when ruling on questions regarding …

Long-Term Care In The United States: History, Financing, And Directions For Reform, George A. (Sandy) Mackenzie

Upjohn Press

This book is a concise survey of the development of U.S. long-term care and its financing, with comparisons with other rich countries. It also includes a brief comparative account of the impact of the COVID-19 pandemic in the United States and several other countries. The study finds much that is amiss with American long-term care and proposes three sets of progressively more ambitious reforms.

Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker

Articles & Book Chapters

This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …

No Means No: A Constitutional Challenge To The Forced Blood Draw Provision Of Ohio’S Implied Consent Statute, Justin Hill

Ohio Northern University Law Review

No abstract provided.

Is Information Property? Distinctive Genetic Information Has Ananswer, Kumiko Kitaoka

Ohio Northern University Law Review

No abstract provided.

Big Waiver Under Statutory Sabotage, Elizabeth Y. Mccuskey

Ohio Northern University Law Review

No abstract provided.

Open-Source Clinical Machine Learning Models: Critical Appraisal Of Feasibility, Advantages, And Challenges, Keerthi B. Harish, W. Nicholson Price Ii, Yindalon Aphinyanaphongs

Articles

Machine learning applications promise to augment clinical capabilities and at least 64 models have already been approved by the US Food and Drug Administration. These tools are developed, shared, and used in an environment in which regulations and market forces remain immature. An important consideration when evaluating this environment is the introduction of open-source solutions in which innovations are freely shared; such solutions have long been a facet of digital culture. We discuss the feasibility and implications of open-source machine learning in a health care infrastructure built upon proprietary information. The decreased cost of development as compared to drugs and …

Remedying The Immortal: The Doctrine Of Accession And Patented Human Cell Lines, Julia E. Fissore-O'Leary

Notre Dame Law Review

Importantly, though this Note employs Henrietta Lacks as the illustrative, paradigmatic case for the theory of accession it proposes, accession can be, and should be, broadly construed to apply to all like-situated patients. Part I of this Note briefly explains the timeless human-body-as-property debate. Next, Part II addresses the concept of accession—its theoretical underpinnings, definitions, and amenability to this and other lawsuits. Part III applies accession to HeLa and develops a methodology for calculating damages in this unique setting. This Note does not pretend to present a perfectly wrought formula. Instead, it offers several possibilities for determining compensation. Finally, …

Dentistry And The Law: Ex-Employees Who Solicit Patients Using Stolen Information, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column discusses actions to take with a former employee who solicits patients. In cases where former employees solicit patients using stolen patient information, dental practices can take legal action. Employment agreements and employee handbooks should include confidentiality clauses. Breach of these clauses allows for lawsuits, seeking damages for business loss. Additional claims like tortious interference, unfair competition, and misappropriation may also apply. Michigan's Uniform Trade Secrets Act can provide injunctive relief and damages if the patient information is deemed a "trade secret." Seeking legal advice from an experienced attorney is essential.

10-Minute Ebd: Is Oil-Pulling Useful In Treating Periodontal Disease?, Heather Willey Rda

The Journal of the Michigan Dental Association

The 10-Minute Evidence-Based Dentistry Column illustrates how to implement the evidence-based dentistry search process to quickly identify and apply the best literature to answer a clinical question. Through critical appraisal, the author of this article answers the clinical question: Is Oil-Pulling Useful in Treating Periodontal Disease? Examining the potential utility of oil-pulling as a treatment for periodontal disease and comparing it to conventional periodontal therapies. The study conducted an evidence-based search using various databases and keywords related to oil-pulling, periodontal disease, and oral health. The results revealed that oil-pulling is not a substitute for standard oral hygiene practices, and insufficient …

Choosing Your Next Educational Adventure: Postgraduate Programs And Creating Your Path, Partha Mukherji Dds

The Journal of the Michigan Dental Association

This article discusses the importance of choosing the right educational path after dental school, including post-graduate programs and self-directed learning. The author reflects on their experience in opting for a General Practice Residency (GPR) program and the advantages it offered regarding skill development and career advancement. The article emphasizes the value of lifelong learning, mentorship, and the variety of continuing education options available to dentists. It encourages new dentists to take charge of their professional development and create their unique educational track.

Staff Matters: When Do Comments About Age Become Discriminatory?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Age-related comments in the workplace can lead to discrimination and legal consequences. The federal Age Discrimination in Employment Act (ADEA) protects employees aged 40 or older, while Michigan law extends protection to all ages. Harassment based on age can create a hostile work environment and result in lawsuits. Employers should address such issues, educate employees about discrimination and bias, and promote a culture that values diversity.

How To Budget Better For Dental Supplies, Theodore C. Schumann Ii Mba, Msf, Cfp, Aif

The Journal of the Michigan Dental Association

Managing costs effectively is essential for dental practices in an era of rising inflation. One area where overspending can occur is clinical supplies. Over time, complacency among practice owners or staff in charge of ordering supplies can lead to repeated, uninformed purchases. Setting a budget and utilizing technology for supply-sourcing decisions can help control costs. Group purchasing organizations like The Dentists Supply Company (TDSC) can offer significant savings compared to traditional dental distributors. Additionally, practice owners need to strike a balance between bargain shopping for supplies and productive dentistry. Using inferior, cheaper products can lead to complications and costly rework, …

Abortion, Pregnancy Loss, & Subjective Fetal Personhood, Greer Donley, Jill Wieber Lens

Vanderbilt Law Review

Long-standing dogma dictates that recognizing pregnancy loss threatens abortion rights-—acknowledging that miscarriage and stillbirthinvolve the loss of something valuable, the theory goes, creates a slippery slope to fetal personhood. For decades, antiabortion advocates have capitalized on this tension and weaponized the grief that can accompany pregnancy loss in their efforts to legislate fetal personhood and end abortion rights. In response, abortion rights advocates have at times fought legislative efforts to support those experiencing pregnancy loss and, more recently, remained silent, alienating those who suffer a miscarriage or stillbirth.

This Article argues that this perceived tension can be reconciled through the …

Brief Of Amici Curiae In Support Of Applicant' Application To Vacate The Injunction In Biden V. Nebraska, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici curiae are law professors at law schools around the nation. They respectfully move for leave to file the enclosed brief in support of Applicants' application to vacate the injunction entered by the United States Court of Appeals for the Eighth Circuit pending appeal of the preliminary injunction issued by the United States District Court for the Eastern District of Missouri, including leave to file without ten days' notice to the parties, as ordinarily required by this Court's Rule 37.2(a), and leave to file in 8½-by-11-inch format, as provided in Rule 33.2.

Sunshine Laws Behind The Clouds: Limited Transparency In A Time Of National Emergency, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The COVID-19 pandemic dramatically changed the way citizens lived their lives, businesses operated, and governments functioned. With most people forced to stay home, the pandemic also disrupted how people received their news and other essential information. Public records and public meetings had to adapt to face the growing challenges in a locked-down world. While some governmental bodies were able to keep up with the threat that COVID-19 posed against transparency, others either failed to acclimate to the new normal or actively took advantage of the circumstances to limit how much the public knew not only about the crisis, but about …

Be Bullish About Dentistry — Stop Doom Scrolling!, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial encourages readers to stop focusing on negative news feeds and provides a positive outlook on the profession of dentistry, emphasizing the potential for growth and improvement. It highlights the impact of emerging technology, increased public awareness of oral health, and the enthusiasm of new professionals. The author also stresses the need for continuous adaptation and collaboration within the dental community.

Covid-19 Heroes: From Skis To Face Shields, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

Shaggy's Skis in Boyne City, Michigan, repurposed its ski manufacturing operations to create essential personal protective equipment (PPE) for healthcare workers during the COVID-19 pandemic. After their Facebook post asking how they could aid pandemic efforts, McLaren Hospital approached them with a request to manufacture protective face shields. Shaggy's responded by producing over 150,000 disposable shields for McLaren Health System hospitals, keeping their team employed during the shutdown. They also created shields for dental professionals, accommodating optical loops and light. The company's history of repurposing operations and Jeff Thompson's mechanical engineering background helped them adapt to manufacturing PPE. This effort …

J Mich Dent Assoc November 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 story on choosing an educational path for professional enrichment
• A feature story on how a Michigan manufacturer closed during the pandemic repurposes their operations to produce essential PPE, becoming a COVID Hero for Michigan dentists.
• A feature article on how the MDA provides CE for members to comply with Licensure mandates.
• Feature information on practice management …

How The Mda Meets Your Need For Quality, Affordable Ce, Kevin Sloan Dds, Ms

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) is a prominent provider of continuing dental education (CE) in Michigan. This article includes a guide to State of Michigan Dental Licensure CE requirements and the mandated distribution of subject topics. To aid members in complying with these requirements, the MDA offers diverse educational sessions, live webinars, in-person seminars, and on-demand webinars tailored for dental professionals, including dentists, hygienists, assistants, and office staff. The MDA's CE program is shaped by its Committee on Continuing Education, comprised of diverse member dentists. The MDA collaborates with various committees, organizations, and dental societies to curate a comprehensive lineup …

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox

West Virginia Law Review

No abstract provided.