Health Law and Policy Commons^™

A Survivor's Survival Kit: How To Be Best Prepared For The Unexpected Death Of A Practice Owner, Ted Schumann Ii Mba, Msf, Cfp, Aif

The Journal of the Michigan Dental Association

The article emphasizes the importance of estate and succession planning for dental practice owners, drawing from the author's personal experience following the death of their father, a business owner. Key considerations include whether to sell or close the practice, appointing a person to manage operations after the owner's death, and maintaining the value of the practice during the transition. The article also addresses legal issues such as probate, ensuring patient care continuity, and providing a "Survivor's Survival Kit" with instructions for heirs and staff. Proper planning can reduce the burden on surviving family members and protect the practice's value.

Dentistry And The Law: Update On The Ftc’S Rule Banning Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission's (FTC) Final Rule to ban most employee non-compete agreements, originally set to take effect on September 4, 2024, has been delayed due to ongoing litigation. Court decisions in Pennsylvania and Texas have resulted in conflicting rulings regarding the FTC's authority to enforce such a ban. A Pennsylvania district court upheld the FTC's power to regulate non-compete agreements, while a Texas court ruled against it, declaring the ban arbitrary and capricious. No appeals have been filed yet, and the issue remains unresolved, with potential appellate court decisions and the results of the presidential election likely influencing the …

J Mich Dent Assoc October 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The October issue's key content includes:

• Clinical Feature on Endodontics and Vital Pulp Therapy
• Practice Management Feature with Tips on Surviving the Death of a Partner
• An update on Advocacy

Mda Foundation: The Mda Foundation’S Access To Care Grants Are On The Rise, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation has increased its grant awards by 13.5% this year, providing $117,500 to 12 organizations focused on improving access to dental care. Notable recipients include the Gary Burnstein Clinic, awarded a second Diversity and Inclusion grant, and three new organizations: the Shelter Association of Washtenaw, Trinity Community Care, and the Grand Rapids Children’s Museum. Several returning grantees, including Malta Clinic and VINA Clinic, saw increased funding to continue offering free or reduced-cost dental services. Despite slight reductions for a few organizations, the overall grant program expanded, with the Foundation’s total awards increasing by 7.3%. The Foundation continues to …

How An Mda Policy Becomes State Law, Daniel Miller Dds, Tom Steinbis

The Journal of the Michigan Dental Association

The MDA Committee on Government and Insurance Affairs is addressing concerns raised by dentists regarding the use of virtual credit cards (VCCs) by insurance companies, which have led to financial challenges such as transaction fees and delayed payments. The MDA has initiated a structured legislative process to resolve the issue, involving data collection, policy review, and drafting a bill in collaboration with legal experts and insurance companies. The legislation, introduced by Rep. Sharon MacDonell, aims to ensure that dental practitioners have alternative payment options that guarantee full reimbursement. The MDA continues to advocate for the bill through the legislative process, …

Blurring Boundaries: A Proposed Research Agenda For Ethical, Legal, Social, And Historical Studies At The Intersection Of Infectious And Genetic Disease, Seethal Jose, Juli Bollinger, Gail Geller, Jeremy Greene, Leslie Meltzer Henry, Brian Hutler, Eric Thomas Juengst, Jeffrey Kahn, Anna Mastroianni, Graham Mooney

Articles

Contemporary understanding of the mechanisms of disease increasingly points to examples of “genetic diseases” with an infectious component and of “infectious diseases” with a genetic component. Such blurred boundaries generate ethical, legal, and social issues and highlight historical contexts that must be examined when incorporating host genomic information into the prevention, outbreak control, and treatment of infectious diseases.

Bridging The False Certification Gap: Why “Resulting From” In The 2010 Aks Amendment Requires But-For Causation, Alexandra Wildman

Fordham Law Review

Before 2010, violators of the Anti-Kickback Statute (AKS) could avoid False Claims Act (FCA) liability if claims for items or services borne of their kickback scheme were submitted to federal healthcare programs by a third party. In 2010, as part of the Affordable Care Act (ACA), Congress attempted to close this loophole in the FCA by amending the AKS. Under the amendment’s terms, claims submitted to federal healthcare programs for items or services “resulting from” an AKS scheme are false for the purposes of establishing FCA liability, regardless of who submitted the claims.

Although the amendment widened the FCA liability …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

The New Professional: Debt Repayment Strategies: What New Dentists Should Know, Amrita Patel Dds

The Journal of the Michigan Dental Association

Dentists face significant financial challenges due to educational and practice-related loans. Effective debt repayment strategies are essential for financial stability and long-term success. Dentists should prioritize high-interest debts and explore consolidation or refinancing options to simplify debt management and reduce interest costs. Popular repayment methods include the "snowball" and "avalanche" methods, focusing on either debt balances or interest rates. Income-driven repayment plans for federal educational loans offer flexibility and potential forgiveness. Financial literacy, budgeting, emergency funds, and professional advice are key to successful debt management.

How Mda Advocacy Saves You Money – And More, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The editorial emphasizes the value of the Michigan Dental Association’s (MDA) advocacy efforts in improving the dental practice environment and saving dentists money. Key initiatives include a bill ensuring dentists receive full payment without fees, laws regulating network leasing, and the elimination of a state tax on dental prosthetics. The MDA also helped expedite dental office reopenings during COVID-19 and ensured dental professionals were prioritized for vaccinations. Additional efforts include regulating mobile dental operations and updating regulations around sharps container replacement. The editorial encourages support for MDA advocacy through engagement and donations to the MDA Dental PAC.

Hidden Until The End: The Need To Inform Medicaid Enrollees Of Estate Recovery Costs Before Their Death, Ashley Bassel Griffith

Law Faculty Scholarship

This Article examines the Medicaid estate recovery program and argues that its current notice framework fails to provide meaningful disclosure to Medicaid enrollees regarding the financial consequences of long-term services and supports (LTSS) coverage. Although Medicaid insures approximately one in five individuals in the United States, it uniquely requires certain beneficiaries—primarily individuals age fifty-five or older receiving LTSS—to repay covered costs from their estates after death. Federal law mandates recovery but does not require states to inform applicants or enrollees of anticipated or accrued estate recovery costs during their lifetimes. As a result, families frequently receive notice of substantial recovery …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

Prescribed Child Abuse? Using The Americans With Disabilities Act To Deconstruct Discrimination Against Medication For Opioid Use Disorder In Child Abuse & Neglect Proceedings, Makenzie Stuard

The Scholar: St. Mary's Law Review on Race and Social Justice

The opioid crisis has disrupted parent-child relationships across the United States. While states actively seek to remove children from households with current drug use in order to protect the children, state entities often fail to protect the parent-child relationship itself by imposing counterproductive policies and stereotypes on parents who are in treatment for their drug use, which makes maintaining "recovery" and parental rights an uphill battle. This note argues that the Americans with Disabilities Act (ADA) provides a novel path to root out discrimination in child abuse and neglect proceedings against parents who either take prescribed buprenorphine or are interested …

Barriers To Health Care Among Adults With Disabilities In Connecticut, Mary Beth Bruder Phd, Tara M. Lutz Phd, Kelly E. Ferreira Phd

Developmental Disabilities Network Journal

It is estimated that 25% of adults in the US are living with one or more disabilities. Persons with disabilities (PWD) have unmet health care needs, experience health disparities compared to those without disabilities. Barriers to quality health care include structural barriers such as access to transportation, physical access to facilities, and lack of accessible medical equipment. Other barriers include the knowledge, skills, beliefs, and attitudes of health care providers to meet the needs of PWD. To examine the barriers to health care experienced by adults with disabilities in Connecticut, the University of Connecticut Center for Excellence in Developmental Disabilities …

Aspek Keperdataan Dalam Upaya Penyelesaian Sengketa Medis Antara Pasien Dengan Tenaga Medis Berdasarkan Undang-Undang Kesehatan, Lintang Zandra Camellia, Adhitya Widya Kartika

Jurnal Hukum & Pembangunan

Medical disputes in the civil field are disputes that can occur between patients and doctor as a medical-professionals and are related to the full fillment of the rights and obligations of the binding relationship as a legal result in the provision of medical services. Medical disputes can lead to losses suffered by patients which can be in the form of limb disability, even death. The emergence of law and health provides a beneficial collaboration, where the health field can be used to face public health challenges and the law can be used to maintain peace and order in society. The …

A Local Option: How Medicare Patients In Rural States Could Obtain Coverage For Weight Loss Medications, Emily Blackburn

West Virginia Law Review

There are currently three options when it comes to managing obesity: (1) making nutritional and activity changes; (2) weight loss medications; and (3) weight loss surgery. The existing limited options for managing obesity are even more restricted for Medicare patients. Making lifestyle changes might not be effective for a variety of reasons, including persistent food cravings and experiences of weight stigma from healthcare providers. To qualify for weight loss surgery, Medicare patients must satisfy several criteria in addition to the already specific weight loss surgery requirements. Additionally, weight loss surgery might not be the most viable option for the Medicare …

Consumer Privacy And The Dobbs Disruption, Mason R. Clark

University of Michigan Journal of Law Reform

The right to reproductive privacy is under attack in the United States, and it is losing ground. Dobbs v. Jackson Women’s Health Organization, the Supreme Court’s 2022 decision that overruled Roe v. Wade’s constitutional protection of abortion and jeopardized privacy rights by proxy, reflects this losing posture. Scholarship in reproductive privacy varyingly critiques federal privacy initiatives, evaluates regulatory interventions, and proposes civil rights frameworks in response to Dobbs. This Article, however, pinpoints how Dobbs created a gaping hole in state consumer privacy laws even as they propagated across the United States. Currently, there are no state consumer privacy …

U-M School Of Dentistry: Collaborating With Michigan’S Dentists To Move The Profession Always Forward, Jacques E. Nör Dds, Ms, Phd

The Journal of the Michigan Dental Association

Completing his first year as dean of the University of Michigan School of Dentistry Dr. Nor highlights the importance of community-based learning in dental education. Students gain valuable experience through rotations at various clinics across Michigan, including those serving underserved populations. The dean emphasizes the generosity of dentists who mentor students and the importance of the Oath of Aspiring Dentists. The Commission on Dental Accreditation completed its site visit at our school in March. Its findings identified numerous strengths during the formal review that American dental schools must complete every seven years. Demographic data on the incoming class of 2028 …

A Problem-Solving Tool You Can Use, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This month, the MDA Editor discusses a presentation from the summer board meeting that resulted in nostalgic recollection of the '90s hit "Whoomp! (There It Is)" and the evolution of her career from a dental student to managing a large practice. The article introduces the WOOP (Wish, Outcome, Obstacle, Plan) method, a problem-solving tool used to address challenges in patient scheduling due to a shortage of hygienists. By applying WOOP, the practice aims to prioritize reliable patients and manage appointments more effectively, ultimately reducing stress and improving workflow.

Deans Report Udm: The World Needs Titans -- Serving Our Community And Beyond, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

Detroit Mercy's Dental School is experiencing increased popularity despite a growing number of dental schools nationwide. The school emphasizes a learner-centered approach, focusing on student development and clinical experience. Key changes to the curriculum include increased integration of biomedical sciences and case-based learning. Detroit Mercy's commitment to excellence, community service, and humanistic care sets it apart from other dental schools.

You Can Drive Cdt Code Changes: Essential Tips For Success, Frank J. Pokorny Ii, Mba, Facd(Hon)

The Journal of the Michigan Dental Association

The American Dental Association (ADA) Code on Dental Procedures and Nomenclature (CDT) undergoes annual updates to reflect evolving dental practices. Building on Mr. Pokorny's April 2024 article, "Dentistry’s CDT Code: Its Origins, Use, and Future," published in the Journal of the Michigan Dental Association1, this article examines the process for requesting changes to the CDT code set. Overseen by the ADA Council on Dental Benefit Programs’ Code Maintenance Committee (CMC), the process provides clear guidelines for submitting change requests. This paper outlines the types of permissible changes and the rationale behind them, offering dentists and other stakeholders the opportunity to …

J Mich Dent Assoc September 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The September issue highlights Michigan's dental schools and provides practical information for dentists. Key Content:

• Cover Stories: Features written by the deans of the University of Detroit Mercy and the University of Michigan dental schools.
• CDT Code Revision: A guide on how to contribute to the revision of the Current Dental Terminology code.
• UP Dental Meeting: An overview of the upcoming Upper Peninsula …

Beyond Medicaid Expansion: Addressing The Sexual And Reproductive Health Crisis In Rural Appalachia, Cheyenne Peters

Marquette Benefits and Social Welfare Law Review

In addition to negatively impacting abortion access, the decision

in Dobbs v. Jackson Women’s Health Organization has forced many

clinics in rural Appalachia that previously provided access to holistic

sexual and reproductive health services, such as contraception

management, sexually transmitted infection (STI) testing, and preventative

cancer screening, to close their doors entirely. This has left

many Appalachians living in rural communities with no option for

accessing sexual and reproductive healthcare. However, many people

were never able to access the care even before the recent provider

shortage due to a lack of adequate insurance coverage. This

article explores how Medicaid expansion …

The New Professional: Tips For Dealing With Unpleasant Patients, Amrita Patel Dds

The Journal of the Michigan Dental Association

This article emphasizes the importance of managing unpleasant patients in dentistry through empathy, effective communication, and tailored care. Dentists should understand that patient anxiety often stems from fear or past trauma. Building trust through clear explanations, personalized comfort measures, and pain management is crucial. Techniques like guided imagery and gradual exposure can help reduce anxiety. Consistency in care and follow-up support strengthens patient relationships, making even the most challenging patients more comfortable and cooperative.

Dentistry And The Law: Hiring A Crna To Work In Your Practice, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column addresses whether a dental practice can hire a Certified Registered Nurse Anesthetist (CRNA) to administer anesthesia. A CRNA can be hired if the requirements of Michigan's MCL 333.17210 and the Michigan Administrative Code are met. The CRNA must have sufficient experience or advanced degrees and work collaboratively in a patient-centered care team. The dental office must have policies for immediate clinical response, and all involved personnel must be certified in basic cardiac life support. Additional rules apply depending on the sedation level provided.

A Visit To The U.P.: The 106th Annual Upper Peninsula Dental Meeting, Elizabeth Knudsen Dds

The Journal of the Michigan Dental Association

The Cloverland District Dental Society hosted its 106th annual meeting in Gladstone, Michigan. The event included continuing education, guest speakers, a business meeting, and social activities. The meeting also featured student involvement and discussions about rural dentistry. The next meeting will be held on Mackinac Island in June 2025.

Patent Law’S Role In Protecting Public Health, Sean B. Seymore

Notre Dame Law Review

Innumerable inventions implicate public health—including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions—whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they’ve disrupted the delicate balance of two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases—by making public health an affirmative defense to …

This Is A Call To Action For All Primary Care Providers: Do Better For Your Transgender Patients, Kate Castor

Theses and Graduate Projects

Background: Patients of all ages benefit from primary care. However, not everyone has equal access to primary care. Transgender patients often face a multitude of barriers to receiving basic healthcare.

Purpose: Improve health outcomes for transgender patients, enlighten providers on significant disparities, and offer solutions to these disparities faced by transgender community in the healthcare setting and when receiving cancer screening.

Methods: Literature review comprising results from Augsburg University Lindell Library databases, American Journal of Medicine, and Google Scholar.

Conclusions: Everyone can do better for their transgender patients, but primary care providers should take extra care cultivating relationships with these …

Dobbs Was Wrong: The Liberty To Choose To Give Birth Should Be Federally Protected, Alysa J. Wiggins

University of the District of Columbia Law Review

No abstract provided.