Health Law and Policy Commons^™

Solitary Confinement: What The United States Can Learn From England And Norway, Markus Wieshofer

Cardozo International & Comparative Law Review

The note argues that the United States should reform its solitary confinement system by adopting key aspects from England and Norway, such as robust oversight mechanisms and a rehabilitative focus, to address the harsh conditions and negative effects of solitary confinement on inmates.

Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis

Faculty Publications

The U.S. is often characterized as a leader in innovation—a home of Nobel Prize‐winning scientists, innovators, and abundant research funding. Yet, in the area of assisted reproduction combined with genetic modification or substitution, what I call “reproductive genetic innovation,” that characterization begins to wane. This Article focuses on the regulation of mitochondrial transfer, a subset of reproductive genetic innovation. While human clinical trials related to mitochondrial transfer go forward in the U.K., the clinical use of the technique remains illegal in the U.S. due to a system of subterranean regulation by the U.S. Food and Drug Administration and a now-recurring …

10-Minute Ebd: Should Chipped Or Worn Dental Sealants Be Observed, Touched Up, Or Restored?, Elliot Abt Dds, Ms, Msc

The Journal of the Michigan Dental Association

This column discusses the management of chipped or worn dental sealants in a 22-year-old patient seeking a second opinion. The author explores the need for occlusal restorations, sealant repair, or no treatment for such cases. A literature search, guided by a PICO question, reveals strong evidence supporting sealant effectiveness in preventing caries. The Cochrane review found an 88% reduction in caries odds with sealants. Clinical guidelines and systematic reviews from organizations like the American Dental Association (ADA) further endorse sealant use. The column emphasizes the importance of universal sealant application and highlights challenges in their adoption, such as concerns over …

Eye Safety In Dentistry, Marie T. Fluent Dds, Cdipc

The Journal of the Michigan Dental Association

In this article, Dr. Fluent underscores the importance of eye safety from vision loss that ended her clinical dental career. The article emphasizes the prevalence of ocular injuries in occupational settings, with about 2,000 U.S. workers suffering job-related eye injuries daily. Dental professionals face multiple eye hazards, including flying debris, chemicals, and infectious materials. Protective eyewear is crucial, with the CDC and OSHA recommending its use.

A significant concern is the "bottom gap" in protective eyewear, which exposes dental personnel to risks. The article introduces a new ANSI standard, ANSI/ISEA Z87.62-2021, to standardize eye and face protection against bloodborne pathogens …

Dentistry And The Law: Dealing With Patients Who Have Been Using Marijuana, Dan Schulte Jd

The Journal of the Michigan Dental Association

When dealing with patients who emit a strong marijuana odor, it's crucial to focus on their capacity to provide informed consent and the ability to deliver treatment up to the standard of care. Judging their level of intoxication solely by appearance and smell can be unreliable, so it's best to avoid making such judgments. Instead, inform patients that you may refuse treatment if their odor or other factors hinder your ability to provide care. To prevent last-minute issues, communicate this policy in advance, particularly to patients with a history of marijuana odor. Dismissing such patients from your practice may also …

Bell’S Palsy: My Journey With A Mysterious Nerve Disorder, Sneha Shah Bds

The Journal of the Michigan Dental Association

This article chronicles the personal journey of a dentist facing Bell's Palsy while pursuing licensure in the United States. Bell's Palsy, an idiopathic unilateral facial paralysis, is explored in detail, including its clinical presentation and differential diagnosis. The author shares their experiences, challenges, and treatments, shedding light on the impact of this mysterious nerve disorder on their daily life, work, and mental well-being. The article highlights the importance of early diagnosis, comprehensive evaluation, and treatment strategies for Bell's Palsy. The author's story serves as a poignant reminder for healthcare professionals to approach patients with empathy and compassion and recognize the …

Giving Heroes Their Shields: Providing More Immunity To The Healthcare Industry During The Covid-19 Pandemic, Gabriella Levine

Journal of Civil Rights and Economic Development

(Excerpt)

The year is 2022. We are experiencing a global pandemic and economic uncertainty. And while traffic might have improved, as many work remotely and socially distance, everything else is unknown as people are face-to-face with death. The future has never looked bleaker.

As of September 12, 2022, there were 1,044,461 Coronavirus (“COVID-19”) related deaths and 94,973,074 reported COVID-19 cases in the United States (“U.S.”). The effects of COVID-19 impacted people who contracted the disease, family members who lost someone, and people at risk who have been in isolation for over one year.

Another group that has been heavily affected …

The Dark Side Of Due Process: Part Ii, Why Penumbral Rights And Cost/Benefit Balancing Tests Are Bad, Joshua J. Schroeder

St. Mary's Law Journal

No abstract provided.

The Deep South’S Constitutional Con, Lynn Uzzell

St. Mary's Law Journal

No abstract provided.

Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

No abstract provided.

Inter-Circuit Judicial Splits Surrounding The Class Action Fairness Act’S “Local Single Event” Exception—A Proposal To Resolve The Confusion, Odalys Vielma

St. Mary's Law Journal

No abstract provided.

Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson

St. Mary's Law Journal

No abstract provided.

The Academic Medical-Legal Partnership: Training The Next Generation Of Health & Legal Professionals To Work Together To Advance Health Justice, Vicki W. Girard, Deborah F. Perry, Lisa P. Kessler, Yael Cannon, Prashasti Bhatnagar, Jessica Roth

Georgetown Law Faculty Publications and Other Works

As the national medical-legal partnership (MLP) movement grows, the need for doctors, nurses, social workers, other health professionals, and lawyers who have the knowledge, skills, and experience to collaborate effectively in this holistic healthcare approach is increasing. Given the unique role that institutions of higher education play in training students as they develop their professional identities, members of the Georgetown University Health Justice Alliance sought to build on prior efforts to define the MLP model by focusing on MLPs that exist in academic settings as a specific type of MLP. This report is based on the results of an environmental …

Making An Offer That Can't Be Refused: The Need For Reform In The Rules Governing Informed Consent And Doctor-Patient Agreements, Timothy C. Macdonnell

Villanova Law Review (1956 - )

No abstract provided.

Staff Matters: Should You Create A Combined Pto Bank?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Consider consolidating separate leave banks into a combined Paid Time Off (PTO) system to simplify administration and boost employee flexibility. PTO allows staff to use their leave days for any purpose without providing a reason. While it fosters trust and personal accountability, it may lead to employees saving days for vacations and working while sick. A PTO policy should address availability, employee type, coordination, and communication to encourage PTO utilization, prevent burnout, and enhance work-life balance.

J Mich Dent Assoc September 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:

• Annual reports to our readers from each of our state dental schools.
• A 10-Minute EBD column on the use of Articaine local anesthetic.
• News you need, an Editorial and regular department articles, Dentistry and the Law, Staff Matters, Advocacy, Headquarters Report and component news.

This issue also includes one article reprinted with permission.

• Student A by ADA Trustee …

10-Minute Ebd: Does Articaine Compared To Lidocaine Result In A Higher Risk Of Paresthesia?, Ben Balevi Dds, Msc

The Journal of the Michigan Dental Association

This Evidence-Based Dentistry column examines whether articaine, when compared to lidocaine, increases the risk of paresthesia in adults undergoing dental block anesthesia. After conducting a comprehensive literature search, the evidence suggests that 4% articaine may enhance the probability of achieving profound block anesthesia, with a very low risk of paresthesia, comparable to other dental local anesthetics. Considering this evidence in conjunction with the patient's preferences and values is crucial when making clinical decisions.

Dean’S Report: Detroit Mercy Dental Evolving With Purpose, Value, And Pride: A Look At The Past Year And All The People Who Made It Happen, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

In the past year, the University of Detroit Mercy School of Dentistry has continued its commitment to evidence-based clinical education, preparing ethical and culturally sensitive graduates for dental practice. Changes brought on by the pandemic have become part of the new normal, with the introduction of the HyFlex classroom format, allowing students flexibility in attending classes in person, virtually, or through recorded lectures. Clinic time and sessions have been consolidated to provide more focused patient care, with students now spending 28-30 hours per week on direct patient care. The University Health Center (UHC) clinic, which served as a significant teaching …

The Promise Of The White Coat, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This month’s editorial discusses the significance of the White Coat Ceremony in dental education, symbolizing a promise to uphold the profession with compassion and ethical standards. Dr. Smiley reflects on the challenges of teaching lasting ethical behavior and emphasizes the importance of personal values. He shares a real-life case of a classmate's unethical behavior leading to legal consequences, highlighting the role of peers in upholding ethical standards. The editorial encourages clinicians, whether they had a formal White Coat ceremony or not, to embrace the symbolic white coat as a daily reminder of their commitment to ethical patient care.

Dentistry And The Law: Understanding The Dental Plan Audit Process, Dan Schulte Jd

The Journal of the Michigan Dental Association

Dental plan audits, which can result in demands for fee repayments, often focus on recordkeeping deficiencies rather than the quality of dental services. Dentists should be aware of key points regarding these audits, including the timing, the nature of audit findings, and the lack of immunity from prior authorizations. Dentists should also request clarification when the audit results are unclear and seek explanations for alleged deficiencies. The audit process may lack a comprehensive explanation, suggesting that the primary goal for dental plans is financial recovery rather than the correction of errors or documentation improvement.

Headquarters Report: Inspire! Support! Lead! With The 2022 Leadership Forum, Karen Burgess Cae

The Journal of the Michigan Dental Association

The Michigan Dental Association highlights the importance of volunteer leaders in the organization's success and the satisfaction of its membership. The in-person Leadership Forum for 2022 offers an exciting lineup, including topics on dental practice trends, legislative action, inclusion, and hot topics in organized dentistry. Breakout sessions cover leadership development, time management, emotional intelligence, and component engagement. Whether experienced or new to volunteer leadership, attending the Leadership Forum provides opportunities for personal and professional growth. Additionally, the article mentions various leadership opportunities available for members and encourages recognition through the MDA Committed Colleague program.

Dean’S Report: University Of Michigan School Of Dentistry Advancing Dental Education And Oral Health Science Is Our Passion And Mission, Jan Hu Bds, Phd

The Journal of the Michigan Dental Association

The Dean of the University of Michigan School of Dentistry, Jan Hu’s annual report to our readers, highlights the school's dedication to dental education and oral health science. The report underscores the school's commitment to maintaining high standards in the face of changing times. Key Highlights:

1. Educational Normalcy: Despite the challenges posed by the pandemic, the school has returned to a sense of normalcy in educating DDS, dental hygiene, and graduate students. Stringent infection control measures are still in place.
2. Vibrant Research: The school's research endeavors remain strong, with over 200 papers, articles, and reviews published in prestigious academic journals …

Medicaid Expansion Expectations, Deborah Farringer

Law Faculty Scholarship

Although financial stability in rural hospitals has been a relatively long-standing national problem, in the last decade, hospital closures and the incidence of highly distressed hospitals in rural areas have disproportionately impacted certain states. States that have not expanded their Medicaid programs under the Affordable Care Act, which implemented a program to extend additional federal support to cover adults living below 138% of the federal poverty line (referred to herein as “Medicaid Expansion”), are bearing the brunt of this crisis. Although the reason for hospital closures is multi-faceted and complex, health policy experts have consistently identified the lack of Medicaid …

Life Sciences & Health Law, Carly Toepke, Katrin Hanschitz, Yevgeniya Ocheretko, Danny Shebaclo

The Year in Review

No abstract provided.

A Multicenter Weighted Lottery To Equitably Allocate Scarce Covid-19 Therapeutics, Douglas B. White, Erin K. Mccreary, Chung-Chou H. Chang, Mark Schmidhoffer, J. Ryan Bariola, Naudia N. Jonassaint, Govind C. Persad, Robert D. Truog, Parag A. Pathak, Tayfun Sönmez, M. Utku Unver

Sturm College of Law: Faculty Scholarship

Shortages of new therapeutics to treat coronavirus disease (COVID-19) have forced clinicians, public health officials, and health systems to grapple with difficult questions about how to fairly allocate potentially life-saving treatments when there are not enough for all patients in need. Shortages have occurred with remdesivir, tocilizumab, monoclonal antibodies, and the oralantiviral Paxlovid.

Ensuring equitable allocation is especially important in light of the disproportionate burden experienced during the COVID-19 pandemic by disadvantaged groups, including Black, Hispanic/Latino and Indigenous communities, individuals with certain disabilities, and low-income persons. However, many health systems have resorted to first-come, first-served approaches to allocation, which tend …

Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren

Faculty Works

Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their relationship to the gestating parent. While these laws represent an important new development in the movement to restrict the abortion right, they also expand parental recognition of unwed fathers. Constitutional law requires that unwed fathers who seek to assert parental rights must establish that they possess both biological connection and a relationship with their child or the gestating parent—what has come to be known as “biology-plus.” However, antiabortion civil remedy laws vest parental recognition and rights …

Can Moral Framing Drive Insurance Enrollment In The Us?, Wendy Netter Epstein, Christopher Robertson, David Yokum, Hansoo Ko, Kevin Wilson, Monica Ramos, Katherine Kettering, Margaret Houtz

Faculty Scholarship

To encourage health insurance uptake, marketers and policymakers have focused on consumers' economic self-interest, attempting to show that insurance is a good deal or to sweeten the deal, with subsidies or penalties. Still, some consumers see insurance as a bad deal, either because they rationally exploit private risk information (“adverse selection”), or irrationally misperceive the value due to cognitive biases (e.g., optimism). As a result, about 30 million Americans remain uninsured, including many who could afford it. At the same time, polling suggests that Americans view health insurance through a moral lens, seeking to protect those with pre-existing conditions especially. …

Due Diligence In A Pandemic: State Accountability For Covid-19 Under International Law, Andrea Cocchini, Gonzalo Villalta Puig

Indiana Journal of Global Legal Studies

The coronavirus disease 2019 pandemic has tested the response capacity of the international community. This article analyses the due diligence principle and the various international legal instruments that restate it in an assessment of the possible actions that states could have taken to avoid or, at least, contain the initial outbreak of the pandemic.

Ada Trustee Report: Does The Ada Have A Long-Term Vision For Oral Health In America?, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

This trustee report discusses the need for a long-term vision for oral health in America within the context of changing trends in dentistry. It highlights key questions related to evolving member value propositions, improving insurance coverage, expanding collaboration with primary care providers, and establishing dentistry as an essential part of the primary care system. A Board workgroup has been formed to explore potential actions and recommendations. The report underscores the importance of addressing these challenges. It encourages the dental profession to have meaningful conversations and work together to shape a future that aligns with new generations' evolving needs and expectations.

Three New Dentists Talk About ‘Getting Involved’, Gabriel Holdwick Dds

The Journal of the Michigan Dental Association

Three new dentists discuss their involvement in organized dentistry and its impact on their professional growth. Dr. Sarah Tomaka and Dr. Danny Miller share their experiences with the Michigan Dental Association (MDA) and their engagement with various committees. They explain how these leadership roles have provided them with expanded networks, personal growth, and a platform to influence the dental profession. They emphasize that getting involved with MDA leadership is highly rewarding and encourage others to participate, suggesting the MDA's Leadership Exploration And Development (LEAD) program as a starting point. The article also provides information on ways to get involved with …