Health Law and Policy Commons^™

Financing The Future Of Who, Lawrence O. Gostin, Kevin A. Klock, Helen Clark, Fatimatou Zahra Diop, Dayanath Jayasuriya, Jemilah Mahmood, Attiya Waris

Georgetown Law Faculty Publications and Other Works

WHO's resources have consistently lagged behind its constitutional mandate. There is a deep misalignment between what governments and the public expect WHO to do and what the organisation is resourced to do. WHO is challenged by low levels of political will to increase its financing, strained government treasuries, and a battle over control of priorities. WHO's Executive Board has charged the Working Group on Sustainable Financing with identifying a viable plan for sustainable financing before the World Health Assembly in May. There is no time to lose. WHO's resourcing strategy must match its mission with assured financial support from member …

Wellness Review 2021, Part 2, Brian A. Ferguson, Martin Huecker

Journal of Wellness

Introduction: This article presents Part 2 of the biannual JWellness Review of literature from 2021 (July – December). We emphasize new science and resilience initiatives published outside of JWellness that seek understanding of burnout and thriving among healthcare professionals (HCPs).

Methods: For the interval of July 1 to December 30, 2021, PubMed was queried for empirical and observational research studies, review articles, guideline summaries, letters, and editorials. Of 93 results, we reviewed methods and salient points to arrive at a final list of 48 articles for inclusion.

Literature in Review: Common themes that emerged included teamwork, EMR optimization, group decompression, …

Covid-19 Vaccine Refusal And Fair Allocation Of Scarce Medical Resources, Govind Persad, Emily A. Largent

Sturm College of Law: Faculty Scholarship

When hospitals face surges of patients with COVID-19, fair allocation of scarce medical resources remains a challenge. Scarcity has at times encompassed not only hospital and intensive care unit beds—often reflecting staffing shortages—but also therapies and intensive treatments. Safe, highly effective COVID-19 vaccines have been free and widely available since mid-2021, yet many Americans remain unvaccinated by choice. Should their decision to forgo vaccination be considered when allocating scarce resources? Some have suggested it should,while others disagree. We offer a framework for evaluating when it is ethical and briefly discuss its legality in American law.

Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians

Touro Law Review

No abstract provided.

N Y State Dent J April 2022

The New York State Dental Journal

In the April 2022 issue, the reader will find the following feature articles:

• Responding to Online Social Media Posts
• Diode Laser-Assisted Abscission and Low-Level Laser Therapy for Treatment of Mucocele Literature: Update and Case Report
• White Sponge Nevus
• Effects of New York State’s Medicaid Orthodontic Policy Changes on Approved Orthodontic Treatment Complexity

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.

Advancing Reproductive Justice In Latin America Through A Transitional Justice Lens, Rosario Grimà Algora

Michigan Journal of Gender & Law

Reproductive autonomy is a pivotal part of women’s access to equal citizenship, yet it has not been included in any international nor regional human rights treaty. In the past decades, the U.N. Committees, notably the CEDAW Committee, and regional human rights bodies, particularly the Inter-American System for the Protection of Human Rights, have timidly advanced reproductive justice through their jurisprudence, including through the use of reparations. Drawing from the standards of reparations developed in the field of transitional justice, human rights bodies increasingly rely on reparations to enhance the transformative effects of their decisions. These reparations intend to include a …

Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin

Northwestern Journal of Law & Social Policy

This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …

Contextualizing Menopause In The Law, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn

Elisabeth Haub School of Law Faculty Publications

“It is horrendous, but then it’s magnificent,” says one character about menopause in an episode of the 2019 Netflix comedy Fleabag. Her younger interlocutor is incredulous at this proclamation. That younger character, and even the audience, may be somewhat taken aback by this frank discussion. After all, menopause is not a subject that is commonly discussed, let alone praised. Whether among friends, acquaintances, or colleagues (fictional or not), silence about menopause is more likely the norm. This is true in the law, too. The law mostly ignores menopause.

The law’s silence about menopause is linked to a broader cultural silence …

Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji

Michigan Journal of Gender & Law

Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their …

Insuring Contraceptive Equity, Jennifer Hickey

Northwestern Journal of Law & Social Policy

The United States is in the midst of a family planning crisis. Approximately half of all pregnancies nationwide are unintended. In recognition of the social importance of family planning, the Affordable Care Act (ACA) includes a “contraceptive mandate” that requires insurers to cover contraception at no cost. Yet, a decade after its enactment, the ACA’s promise of universal contraceptive access for insured women remains unfulfilled, with as many as one-third of U.S. women unable to access their preferred contraceptive without cost.

While much attention has been focused on religious exemptions granted to employers, the primary barrier to no-cost contraception is …

Determining The Appropriate Reach Of Escobar's Materiality Standard: Implied And Express Certification, Jake Summerlin

Georgia State University Law Review

In 2016, the Supreme Court altered the landscape of the False Claims Act by recognizing implied certification as a viable theory of liability. Before the Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, courts disagreed over the scope and legitimacy of the theory, arguing that it could create runaway liability if not held in check. The Court, although recognizing that implied certification expanded the reach of the False Claims Act, reassured itself and government contractors by reinforcing the common law antecedents of fraud, namely, that misrepresentations and omissions must be material to the government’s decision …

Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake

West Virginia Law Review

No abstract provided.

Click It Or Ticket, But Don’T Admit It? How Unrestrained Drivers And Passengers Take Us For A Ride, E.R. Wright

Mercer Law Review

While the COVID-19 crisis has forced societies and governments to confront new challenges and answer new questions, it has also renewed and reignited longstanding debates about the extent of individuals’ obligations to each other. In particular, the American body politic is once again embroiled in conflict over the reach of an individual’s personal choices and the extent to which consideration of the potentially harmful effects of our choices on others should shape individual behaviors. Today, this fight centers on public health measures intended to reduce the spread and severity of COVID-19, such as masking, distancing, and vaccination. Debates rage over …

Medical Accreditation For Foreign-Educated Refugees: An Undue Burden, Katherine Jolley, Alex Hansen

Brigham Young University Prelaw Review

Historically, the United States has maintained a policy of robust assistance to refugees that enter the country. Refugee relief includes short-term health coverage and employment services. Unfortunately, many international medical graduates who come as refugees face excessive barriers to join the healthcare industry when they arrive. In light of emergency adjustments to the accreditation processes during the COVID-19 pandemic, this article proposes that the accreditation process for foreign-educated healthcare workers poses an undue burden on refugees.

Ai Insurance: How Liability Insurance Can Drive The Responsible Adoption Of Artificial Intelligence In Health Care, Ariel Dora Stern, Avi Goldfarb, Timo Minssen, W. Nicholson Price Ii

Articles

Despite enthusiasm about the potential to apply artificial intelligence (AI) to medicine and health care delivery, adoption remains tepid, even for the most compelling technologies. In this article, the authors focus on one set of challenges to AI adoption: those related to liability. Well-designed AI liability insurance can mitigate predictable liability risks and uncertainties in a way that is aligned with the interests of health care’s main stakeholders, including patients, physicians, and health care organization leadership. A market for AI insurance will encourage the use of high-quality AI, because insurers will be most keen to underwrite those products that are …

The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco

Dickinson Law Review (2017-Present)

Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …

Working Through Menopause, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn

Elisabeth Haub School of Law Faculty Publications

There are over thirty million people ages 44 to 55 in the civilian labor force in the United States, but the law and legal scholarship are largely silent about a health condition that approximately half of those workers inevitably will experience. Both in the United States and elsewhere, menopause remains mostly a taboo topic, because of cultural stigmas and attitudes about aging and gender. Yet menopause raises critical issues at the intersections of gender equity, disability, aging, transgender rights, and reproductive justice. This Article imagines how the law would change if it accounted for menopause and the associated unequal burdens …

Introduction To Symposium Issue: Military Veterans And The Law, Timothy E. Lynch

Faculty Works

Upon discharge from the military, veterans must transition from living and working in the military to fully integrating into the civilian world. At a minimum, this means veterans must heal their physical and psychological wounds, find adequate housing, maintain healthy familial relationships, access necessary healthcare, and secure stable civilian employment. Although these needs are often wrought with legal complexities, veterans are often miscategorized and misunderstood by the legal community. This Symposium seeks to understand and address some of these legal issues, and the UMKC Law Review is proud to be publishing several pieces from prominent legal scholars with expertise in …

A Pill's Ransom: Healthcare Liability Litigation For Unnecessary Pelvic Examinations For Birth Control Pills, Bailey D. Barnes

Faculty Publications

Despite some of the modest advances made in reproductive rights and reproductive justice in the twentieth and early-twenty-first century in the United States, many vestiges of paternalism and overregulation of female bodies remain. This Article tackles the issue of the requirement of pelvic exams and Pap smear tests for the prescription of oral contraceptives, otherwise known as the birth control pill ("the Pill"). Though state legislators are somewhat to blame for this exercise of control over female bodies for women to receive access to contraceptives, it is the medical profession itself that is at the core of this ill. Owing …

Protect Your Patients And Yourself: The Complete And Honest Medical History, Mitchell Gardiner Dmd

The Journal of the Michigan Dental Association

This feature article emphasizes the critical role of obtaining a complete and honest medical history in dental practice. Reflecting on the evolution of clinicians' diligence since dental school, the article underscores the potential risks associated with inadequate medical histories. The legal and ethical responsibilities in gathering comprehensive patient information are highlighted, emphasizing the impact on patient well-being and the dentist's vulnerability to legal challenges. The complexities of patients' truthfulness, especially regarding sensitive topics, are discussed, urging clinicians to establish trust for accurate disclosures. The article concludes with practical recommendations, stressing the ongoing need for thorough medical history reviews and the …

The Foundation For Dental Care: The Patient Interview And Dental/Medical Health History, Richard W. Panek Dds, George Georgiev Dds

The Journal of the Michigan Dental Association

This feature article emphasizes the pivotal role of patient interviews and medical history assessments in establishing the foundation for dental care. Delving into the essential components of a patient's medical history, the article underscores the significance of gathering comprehensive information, including medications, allergies, and lifestyle factors. The patient interview is explored as a dynamic process aimed at building rapport, understanding the chief complaint, and addressing potential health risks. The article navigates through various scenarios, from adapting questions for specific patient situations to handling challenging topics such as substance abuse and behavioral health issues. Ultimately, the integration of total medical assessment …

News You Need: Reminder: What You Must Know About Antitrust Law, Dan Schulte Jd

The Journal of the Michigan Dental Association

This reminder emphasizes the critical importance for dentists, particularly members of organizations like the Michigan Dental Association, to understand antitrust laws and their implications. The U.S. Justice Department and Federal Trade Commission actively pursue antitrust violations among physicians and dentists. The article outlines key aspects of the Sherman Antitrust Act, emphasizing that joint activities among independent dentists that restrain competition may lead to violations. The concept of joint action and the restraint on competition are explored, with a focus on potential pitfalls, such as price-fixing and group boycotts. Dentists are urged to stay informed to avoid legal consequences.

Dentistry And The Law: Responding To Internet Criticism And Hipaa Considerations, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column addresses the challenge of responding to online criticism as a healthcare professional, particularly dentists. The question involves a patient posting false and damaging information online, leading to concerns about reputation and the desire to set the record straight. The response outlines the limitations imposed by HIPAA on using patient information for such purposes and explores the legal complexities in pursuing recourse. The column advises against responding directly to negative online posts, emphasizing proactive reputation management through online advertising and patient testimonials.

Staff Matters: Attracting Qualified Candidates, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

In the current competitive job market, dental practices face challenges in recruiting qualified staff. This Staff Matters column explores strategies to stand out and attract candidates, addressing the impact of the "great resignation" and the projected growth in dental openings. Suggestions include offering part-time positions for increased flexibility, considering evening appointments, providing additional benefits like childcare support, attending to the practice's image through positive online reviews and marketing, and building a future workforce through partnerships with educational institutions.

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

• A cover feature “Protect Your Patients and Yourself: The Complete and Honest Medical History”
• A feature article “The Foundation for Dental Care: The Patient Interview and Dental/Medical Health History”
• A 10-Minute EBD “The Preferred Analgesia for Orthodontic Tooth Movement: Acetaminophen or NSAIDs?”
• News you need: an Editorial, a "Reminder about Antitrust Law", and regular department articles, …

10-Minute Ebd: Preferred Analgesia For Orthodontic Tooth Movement: Acetaminophen Or Nsaids?, Ryan N. Mcgovern

The Journal of the Michigan Dental Association

This 10-Minute EBD column explores the choice between acetaminophen and NSAIDs for managing pain during orthodontic tooth movement. The author presents a scenario involving a patient's discomfort after archwire adjustment and delves into the impact of tooth movement on the periodontium. The PICO question focuses on the effectiveness of NSAIDs and acetaminophen in controlling discomfort without impeding tooth movement. The literature search reveals varying recommendations on analgesics, with some studies favoring acetaminophen. The evidence suggests that acetaminophen and short-term celecoxib are suitable choices for orthodontic analgesia. However, caution is advised in extrapolating findings from animal studies to human conditions.

The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok

Articles

The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the American Tort Reform Association published a White Paper, Responding to the Coming Lawsuit Surge that called for “reasonable constraints on . . . lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.”

This article, prepared for …

Blackouts And Holes: Analyzing Cross-Market Geographic Mergers In The Healthcare Services Market, Hankyul Song

Cardozo Journal of Equal Rights & Social Justice

The note examines the impact of hospital mergers, particularly crossmarket mergers, on healthcare costs and competition. It argues that while such mergers may offer efficiencies, they often lead to increased bargaining power for hospitals, higher prices for healthcare services, and reduced competition. The analysis highlights the challenges antitrust authorities face in assessing the anticompetitive effects of crossmarket mergers, as current legal and economic frameworks do not fully account for these complexities. The note advocates for a more nuanced approach to evaluating mergers and suggests expanding the scope of antitrust analysis to better address these issues.

Patient Access In Fourteen High-Income Countries To New Antibacterials Approved By The Fda, Ema, Pmda, Or Health Canada, 2010-2020, Kevin Outterson, Ebiowei S. F. Orubu, John Rex, Christine Årdal, Muhammad H. Zaman

Faculty Scholarship

In 2010, the Infectious Diseases Society of America called for 10 new antibiotics by 2020. This goal was achieved in terms of the number of drug approvals, but actual patient access requires commercial launches in many countries, which itself requires sustainable commercial markets. Prior work has described limited access to new antibacterials in low- and middle-income countries (LMICs), in part due to the inability of many to afford these drugs. This study examines patient access for new antibacterials in the G7 and 7 other high-income countries in Europe, to better understand other barriers to patient access to effective antibacterial therapy.

Lower The Risk For Medical Emergencies, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

Clinicians focus on health and safety for our patients. The editorial highlights the importance of cultural competence in dentistry to mitigate the risk of medical emergencies. Reflecting on a recent CE program, Dr. Smiley underscores the need for proactive emergency preparedness, emphasizing detailed protocols and hands-on training. The article advocates for thorough patient screening, incorporating three questions presented by Dr. Mitchel Gardiner in an article in this month’s issue, addressing patient-specific health considerations and consulting with healthcare providers. The editorial concludes by stressing the significance of risk reduction through comprehensive assessments, team training, and preparedness.