Health Law and Policy Commons^™

Staff Matters: Do You Have Quiet Quitters In Your Practice?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

In the post-COVID workplace, "quiet quitting" has become a concerning issue where employees meet basic job requirements but lack motivation. This behavior includes a reluctance to take on extra tasks or provide input. To address it, communicate with the affected employees, inquire about their well-being, and assess whether the cause is work-related or personal. Fostering appreciation, connection to the practice's goals, and open feedback can help re-engage employees. Regular one-on-one meetings promote relationships and demonstrate care for their success, improving morale and engagement.

Men's Rights, Gun Ownership, Racism, And The Assault On Women's Reproductive Health Rights: Hidden Connections, Walter S. Dekeseredy

Dignity: A Journal of Analysis of Exploitation and Violence

In this current era characterized by much fear of, and anxiety about, the political influence and actions of the U.S. alternative right (alt-right), only a small number of men’s rights organizations receive attention from the media, the Democratic Party, or a large cadre of progressives. This article demonstrates that ignoring all-male anti-feminist organizations is a flawed strategy for challenging the recent rise of the alt-right because these misogynistic groups are heavily involved in the gun rights movement, major contributors to racist practices and discourses, and active participants in efforts to criminalize and curtail women’s access to abortion. Another, but equally …

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 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 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 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.

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.

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: 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 …

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 …

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.

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.

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 …

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.

Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink

Utah Law Review

Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …

Data Privacy In The Time Of Plague, Cason Schmit, Brian N. Larson, Hye-Chung Kum

Faculty Scholarship

Data privacy is a life-or-death matter for public health. Beginning in late fall 2019, two series of events unfolded, one everyone talked about and one hardly anyone noticed: The greatest world-health crisis in at least 100 years, the COVID-19 pandemic; and the development of the Personal Data Protection Act Committee by the Uniform Law Commissioners (ULC) in the United States. By July 2021, each of these stories had reached a turning point. In the developed, Western world, most people who wanted to receive the vaccine against COVID- 19 could do so. Meanwhile, the ULC adopted the Uniform Personal Data Protection …

Why We Chose To Partner In A Corporate Practice, Michael Scialabba Dds

The Journal of the Michigan Dental Association

This article addresses the changing landscape of dental practice ownership and the growing importance of DSOs. The article discusses the journey of Great Hill Dental Partners from its inception at the advent of the Affordable Care Act in 2009 to become a fully functional, doctor-owned DSO.

The author emphasizes the need for practitioners to consider partnering with DSOs, especially in the face of rising challenges in the dental industry, such as increased administrative demands, reduced reimbursements, and the complexity of digital marketing and compliance. They outline the factors to evaluate when considering a DSO, including culture, support for clinical care, …

Trends And Expectations For Dentistry, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

The dental industry is experiencing significant changes, with the rise of Dental Support Organizations (DSOs) and corporate dentistry as a dominant model. Economic trends have attracted venture capitalists to invest in dentistry, leading to the growth of DSOs. While some practitioners worry about losing independence, the trend toward DSOs is driven by practice sales by retiring dentists, high educational debt for graduates limiting their ability to finance a traditional practice purchase, and the need for investment to modernize and achieve efficiencies. A desire for work-life balance may guide a clinician to choose this practice option. The number of solo practitioners …

Mda At Your Service: Is It Too Late To File For An Employee Retention Tax Credit?, Eric Tye Dds, Angela Kanazeh Ms, Cmp

The Journal of the Michigan Dental Association

The Employee Retention Tax Credit (ERTC) remains available for businesses affected by COVID-19, allowing them to claim a tax credit of up to $26,000 per employee. Eligibility criteria include a mandated shutdown, revenue decrease, COVID-19 impact, or supply chain disruption. Even businesses with forgiven PPP loans can apply for ERTC. The credit covers 2020 and the first three quarters of 2021 and must be filed by December 31, 2023. Dental Business Specialists can assist with ERTC filings. Changing your name upon marriage as a licensed professional, obtaining labor employment posters, and reducing credit card processing fees through MDA-endorsed programs are …

Dentistry And The Law: Can Dental Plan Ratings Be Defamatory?, Dan Schulte Jd

The Journal of the Michigan Dental Association

This article discusses the legal implications of dental plan ratings for dentists. If a dental plan assigns a rating to dentists and publishes it to patients without providing specific information about the rating's basis or an opportunity for dentists to contest it, legal recourse may be limited. Currently, no statutory law regulates such ratings, leaving dentists potentially vulnerable to defamatory ratings. Under Michigan law, dentists could sue for defamation, but proving the rating's falseness and the resulting loss of patients may be challenging. Federal regulation is suggested to ensure fairness, transparency, and protection for dentists subjected to involuntary ratings.

J Mich Dent Assoc August 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 August 2022 issue, the reader will find the following original content:

• A cover story on choosing to partner with a Dental Service Organization (DSO)
• A conversation with three dentists on how and why they are involved with organized dentistry.
• A 10-Minute EBD on the efficacy of vacuum-formed removable orthodontic retainers
• News you need, an Editorial, a report from our ADA Trustee and regular department articles, Dentistry and …