Health Law and Policy Commons^™

Standing Up To Bounty Laws: Examining State Standing Jurisprudence And Its Effect On Laws Enforced Through Private Rights Of Action, Olivia A. Luzzio

Washington and Lee Journal of Civil Rights and Social Justice

The Texas Heartbeat Act (SB 8) adopted a unique enforcement scheme that succeeded in circumventing Roe v. Wade’s protection of a woman’s right to abortion before viability. By prohibiting enforcement of the Act by public officials and instead authorizing enforcement solely through civil actions by “any person,” SB 8 effectively ended a women’s right to abortion after a fetal heartbeat is detected. The passage of this law placed the protection of other constitutionally endowed rights in jeopardy and facilitated the passage of similarly constructed legislation, such as California’s Senate Bill 1327, which authorizes “any person” to sue anyone who manufactures …

On The Human Right To Healthy Menstruation, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This short essay introduces the Bellagio Declaration on the Human Right to Healthy Menstruation, a statement signed by an interdisciplinary group of academics, artists, policymakers, clinicians, and practitioners in 2024. The Declaration frames the human right to healthy menstruation as including (1) non-discrimination on the basis of menstruation; (2) dignity in all matters related to menstruation; (3) access to facilities, resources, and supplies that facilitate the management of menstruation in a manner that is affordable and safe and that fosters a clean, healthy, and sustainable environment; (4) lifelong access to timely and medically accurate information about all aspects of menstruation; …

Accessing The Arts: The Use Of Reproductive Justice In The Fight For Lgbt+ Rights, Leila Y. Vicinelli

William & Mary Journal of Race, Gender, and Social Justice

Procreation has long been an integral component within the family structure. While the ability to produce offspring was once a privilege reserved for fertile, heterosexual pairings, modern advancements in Assisted Reproduction Technology (ART) have made same-sex procreation possible. Although ART makes it possible for same-sex couples to biologically produce offspring , accessibility to treatment is often hindered by financial, legal, and social impediments. This Note will explore the current limitations on LGBT+ accessibility to ART treatments and provide much needed solutions for these challenges. In a post-Obergefell world, the prominence of and rights owed to same-sex households can no …

Teaching Global Health Law: Preparing The Next Generation For Future Challenges, Lawrence O. Gostin, Sarah L. Bosha, Benjamin Mason Meier

Georgetown Law Faculty Publications and Other Works

Following from sweeping law reforms across the global health landscape, there is a need to prepare the next generation to advance global health law to ensure justice for a healthier world. Educational programs across disciplines have increasingly incorporated the field of global health law, with new courses examining the law and policy frameworks that apply to the new set of public health threats, non-state actors, and regulatory instruments that structure global health. Such interdisciplinary training must be expanded throughout the world to prepare future practitioners to strengthen global health law — ensuring a foundation for global health in legal studies …

“911: What’S Your Emergency?” Georgia’S Certificate Of Need Requirements Inhibit Rural Access To Quality Healthcare, Tessa Sizemore

Mercer Law Review

This Comment will describe the rise and fall of CON programs in America and will propose solutions to problems caused by Georgia’s current CON program. Part II will describe the history of healthcare regulation in America as it relates to CON programs. Part III will discusse Georgia’s adoption of a CON program and the State’s current CON statutory scheme. Part IV will summarize recent debate among Georgia legislators and will identify problems with Georgia’s CON program. Part V will compare Georgia’s CON program to those in other states. Part VI will then suggest steps that may provide some relief to …

J Mich Dent Assoc April 2024

The Journal of the Michigan Dental Association

Every 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.

In the April 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story highlighting Michigan’s Donated Dental Service Program
• A feature on Michigan’s Revised Kindergarten Oral Health Assessment Law
• A feature article on the origins, future, and use of the CDT Code
• Profiles of the 2024-25 MDA Officer, Trustee and ADA Delegation candidate
• An …

Clearing The Path: Improving Implementation Of Georgia’S Pathways To Coverage Program, Nicholas Smith

Emory Law Journal Online

Georgia’s Medicaid program is in flux. The State recently launched Pathways to Coverage, a partial Medicaid expansion program for non-disabled adults in households under 100% of the Federal Poverty Line, with eligibility contingent on reporting 80 hours of work per month. Pathways’ rollout coincides with Medicaid “unwinding,” an ongoing post-COVID redetermination process in which thousands of Georgians have already lost coverage. As such, Pathways could play an important role in offsetting the unwinding’s disenrollment effects. But Pathways may also serve as a test case for conservative lawmakers hoping to institute (or reinstitute) work requirements to restrict Medicaid coverage in their …

Ada Report: Ada Board Discusses New Services, Ce Changes, And Dental School Issues, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

Michele Gulak-Gorecki, DDS, 9th District Trustee for the ADA, highlights discussions from the winter ADA Board meeting. Key points include the emphasis on ADA values, expansion of member services such as financial offerings, updates on revenue and membership models, collaboration with new dentists, improvements in continuing education programs, and insights from dental school deans on reducing education costs.

Mda At Your Service: What Is The Beneficial Ownership Information Report?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

MDA Staff, with input from Kristin Johnson, DDS, explains the Beneficial Ownership Information Report required by the Corporate Transparency Act. Dental practices with fewer than 20 full-time employees and <$5M in annual sales must file by Jan. 1, 2025. They also address MIOSHA regulations, dental assistant duties, and access to MDA resources like the Delegation of Duties Chart and educational videos on infant oral health.

The New Professional: Prioritize Self-Care To Avoid Burnout, Amrita Patel Dds

The Journal of the Michigan Dental Association

In this inaugural column, “The New Dentist”, Dr. Amrita Patel shares her journey of recognizing and combating burnout in dentistry. She emphasizes the importance of self-care, boundary-setting, delegation, and seeking support. By prioritizing these strategies, professionals can safeguard their well-being, enhance job satisfaction, and deliver quality patient care without falling victim to burnout's detrimental effects.

Staff Matters: Implementing A Painless Performance Evaluation Process, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Jodi Schafer, HRM Services expert, addresses the common struggle of conducting employee evaluations. She emphasizes the importance of frequent, timely feedback and suggests breaking the review process into smaller, more manageable sessions to combat the "Recency Effect." Schafer also advises updating job descriptions, incorporating self-reviews, and simplifying evaluation forms for a more effective process.

When Governors Prioritize Individual Freedom Over Public Health: Tort Liability For Government Failures, Barbara Pfeffer Billauer Jd, Ma, Phd

Journal of Law and Health

Over half the states have enacted laws diminishing or curtailing the rights of the executive branch (legislatures or governors) to enact laws to preserve, protect, or safeguard public health in the wake of the COVID-19 emergency. Governor DeSantis, of Florida, for example, effectively banned mask mandates in schools during the high point of the epidemic – based on flawed science and erroneous data – and now wants to make that response permanent. The rules effectuating this Executive Order were enacted under an emergency order finding a threat to public health. Nevertheless, the response promulgated by the Florida Department of Health …

The Ninth Amendment: An Underutilized Protection For Reproductive Choice, Layne Huff

Journal of Law and Health

Concern about individual rights and the desire to protect them has been part of our nation since its founding, and continues to be so today. The Ninth Amendment was created to assuage the Framers’ concerns that enumerating some rights in the Bill of Rights would leave unenumerated rights unrecognized and unprotected, affirming that those rights are not disparaged or denied by their lack of textual support. The Ninth Amendment has appeared infrequently in our jurisprudence, and Courts initially construed it rather narrowly. But starting in the 1960s, the Ninth Amendment emerged as a powerful tool not just for recognizing unanticipated …

How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few Vs. The Many, Jason Yadhram

Journal of Law and Health

Humans have been a communal species since inception and continue to be so to this day. Because of this, if even a small scale of a measured population becomes severely ill, the entire remaining population and surrounding area is thrown into absolute chaos. In fact, we have seen these circumstances throughout history and in the recent COVID-19 pandemic yet, some of us have forgotten that the only way this chaos can be curbed, is by enacting a mandatory vaccination policy. Since COVID-19 however, vaccination mandates have become an uneasy topic of conversation in the United States for essentially one main …

Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook

Journal of Law and Health

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …

Emotionally Harmed? It Might Not Matter: An Analysis Of Cummings V. Premier Rehab Keller And Its Implications For Title Ii Of The Americans With Disabilities Act Of 1990, Sotir Zhupa

Cardozo Law Review

On April 28, 2022, the U.S. Supreme Court handed down an opinion that shocked the disability rights community. In Cummings v. Premier Rehab Keller, P.L.L.C., the Court ruled that compensatory damages for emotional distress may not be recovered by claimants who sue for disability discrimination under section 504 of the Rehabilitation Act of 1973 (section 504) and section 1557 of the Patient Protection and Affordable Care Act of 2010..

Cummings involved a woman, Jane Cummings, who is both deaf and legally blind. Because of her disabilities, she communicates through American Sign Language (ASL)—her first and primary language—and cannot communicate …

Supporting Healthy Futures: Capitalizing On Medicaid’S Epsdt Medical Necessity Standard, Teressa Colhoun

Washington and Lee Law Review

Youth mental health is in crisis. Children report increased rates of suicidal ideology, depression, and anxiety. Diagnosis rates soar. Pediatric mental health care remains difficult to access. When services are accessible, they are costly—often sending families into medical debt.

This Note discusses Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) benefit. Specifically, it studies the EPSDT benefit’s creation, structure, and administration. This Note focuses on the context in which the EPSDT benefit operates, particularly how health care financing models impact benefit administration. It suggests that the EPSDT benefit has the capacity to address crucial gaps in pediatric mental health …

At-Will Employment And Healthcare: A Constant Conflict, Chris White

MC Law Review

Perfection is impossible. Perfection is essentially possible in the healthcare field, where adverse events are a part of the profession. For this reason, the government has developed systems that attempt to curb the inevitable issues that will arise; however, those systems do not always catch the shortcomings of healthcare-providing institutions. For this reason, the non-physician employees on the ground level, interacting with the patients on a daily basis, are often the best source of information when targeting and curing a healthcare organization’s shortfalls. Unfortunately, barriers exist that keep those non-physician employees from bringing to light what they have noticed.

Lending A Hand: The Use Of The Mississippi Products Liability Act And Mississippi's Blood Shield Statute In Palermo V. Lifelink Found., Inc., Taylor Price

MC Law Review

The experience of undergoing a surgical procedure is one of the most vulnerable positions an average individual finds themselves in during his or her lifetime. The overall risk associated with this process is even greater when the surgery involves the removal or transfer of one or more of the body's organs or tissues. The principal event that concerned Palermo v. LifeLink Found., Inc. was a botched surgical operation featuring a human tissue implant performed in March 2005 on Richard Palermo. The tissue implant surgically inserted into Palermo's knee became bacterially infected shortly after the operation and required further injury, causing …

"I'M Sorry, Mississippi": An Argument For Enactment Of A Physician Apology Statute By The Mississippi Legislature, Brittany Brooks Frankel

MC Law Review

Imagine this: you are a dedicated orthopedic surgeon who loves her work. You perform a total knee replacement, albeit on a high-risk patient. The patient does not heal properly and complains of an unsteady gait. Upon further analysis, you begin to become concerned that his inability to heal may be due to an improperly placed implant. A corrective surgery will be required. You are distraught by the unanticipated outcome and wish to express your deepest apologies to the patient and his family. Not so fast! Be aware that your moral compass could be leading you into expressing an apology that …

Exasperated But Not Exhausted: Unlocking The Trap Set By The Exhaustion Doctrine On The Fda’S Rems Petitioners, Michael Krupka

Vanderbilt Law Review

When health is at stake, bureaucratic delays can be disastrous. This is especially true in the field of pharmaceutical regulation. Fortunately, concerned parties—ranging from research institutions and universities to doctors and pharmaceutical companies—can file citizen petitions to urge the Food and Drug Administration (“FDA”) to regulate potentially risky drugs through Risk Evaluation and Mitigation Strategies (“REMS”) programs. But despite submitting comprehensive citizen petitions calling for changes to REMS determinations, petitioners regularly await the FDA’s response for years. When these petitioners, still awaiting an FDA determination, have sought recourse in the courts, the agency has argued that these petitioners have not …

Establishing Consent: The Role Of Women Representatives In Passing Informed Consent Laws, Sophia Stockham

Department of Political Science: Dissertations, Theses, and Student Research

What predicts the adoption of informed consent laws for pelvic exams within the United States? As of January 2023, 22 states have adopted informed consent laws for pelvic examinations on women, with eleven being under Democratic control, six being Republican control, and five with divided control between the legislature and gubernatorial level at the time of adoption. Little attention, however, has been given to women’s health mandates outside the issue of abortion and to variation among state partisan adoption regarding informed consent for pelvic exams. This paper examines the impact of partisanship, the percentage of women in the legislature, and …

The Persistent Public Health Emergency, Yael Zakai Cannon

Georgetown Law Faculty Publications and Other Works

May 11, 2023 was ostensibly a day of celebration. With infections and deaths from COVID-19 down, the federal government announced the end of the official Public Health Emergency three years after its initial declaration. But the conclusion of the Public Health Emergency also signaled the termination of unprecedented health protection measures—outside the realm of healthcare—such as eviction and utility shutoff moratoria and emergency rental and utility assistance. These COVID-era measures successfully cut eviction filings nationally by more than half and provided people in many jurisdictions with the protections and assistance needed to maintain their electricity, heat, water, and gas. Now …

Personal Data And Vaccination Hesitancy: Covid-19’S Lessons For Public Health Federalism, Charles D. Curran

Catholic University Law Review

During the COVID-19 vaccination campaign, the federal government adopted a more centralized approach to the collection of public health data. Although the states previously had controlled the storage of vaccination information, the federal government’s Operation Warp Speed plan required the reporting of recipients’ personal information on the grounds that it was needed to monitor the safety of novel vaccines and ensure correct administration of their multi-dose regimens.

Over the course of the pandemic response, this more centralized federal approach to data collection added a new dimension to pre-existing vaccination hesitancy. Requirements that recipients furnish individual information deterred vaccination among undocumented …

Agents Of Change: Which One Are You?, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In her editorial, Michelle C. Dziurgot, DDS, explores various roles dentists play as agents of change, including catalysts for urgency, collaborators with specialists, diligent workers for accuracy, risk-taking entrepreneurs, charismatic leaders, and peacemakers who resolve conflicts within their practices.

What You Should Know About Michigan’S Revised Kindergarten Oral Health Assessment Law, Michele Kawabe Mph, Rd, Cdces

The Journal of the Michigan Dental Association

Starting from the 2024-25 academic year, Michigan mandates a pre-school oral health assessment for all incoming kindergarten students. Michele Kawabe, MPH, RD, CDCES, explains the legislative change, its implementation through the Kindergarten Oral Health Assessment (KOHA) program, and its potential impact on dental offices. This feature provides insights into frequently asked questions, covering assessment protocols, forms, patient records, reimbursement, and data tracking by the Michigan Department of Health and Human Services (MDHHS).

Dentistry’S Cdt Code: Its Origins, Use And Future, Frank J. Pokorny Ii, Mba, Facd(Hon)

The Journal of the Michigan Dental Association

Today’s version of the Code on Dental Procedures and Nomenclature – commonly referred to as CDT 2024 -- is the latest iteration of the code set first published in 1969. The CDT Code is ADA intellectual property that serves dentists and the dental community at large as the HIPAA standard for documenting and reporting services delivered to patients. CDT supports multiple needs: e.g., documentation; billing and reimbursement; revenue; data analytics. The code set’s maintenance is an open process overseen by the ADA Council on Dental Benefit Programs’ Code Maintenance Committee. Any dentist or interested party may submit a maintenance request. …

News You Need, David Foe Ma

The Journal of the Michigan Dental Association

The upcoming Annual Session in Lansing, from April 17-20, offers opportunities for dental professionals to access quality continuing education, explore the expansive exhibit hall, and engage in special events like the Sparkling Smiles Celebration. The MDA Board of Trustees discussed the proposed new ADA Tripartite Membership Model, aiming to enhance engagement and offer targeted benefits. Additionally, volunteers are still needed for the Mission of Mercy program, and the MDA emphasizes the importance of dentists as mandated reporters for child abuse or neglect.

The Mda’S Michigan Donated Dental Services (Dds) Program: How To Serve The Elderly And Disabled In Your Community And Build Your Team (Without Leaving Your Office!), April Stopczynski

The Journal of the Michigan Dental Association

April Stopczynski, MDA Manager of Access and Prevention, sheds light on the Michigan Donated Dental Services (DDS) program, elucidating its impact on individuals through poignant patient narratives and dentist testimonials. The article illustrates how DDS bridges the gap in dental care for the elderly, disabled, and financially compromised individuals in Michigan. The program not only restores smiles but also transforms lives by providing much-needed dental treatment through volunteer dentists and labs. This article presents the value of DDS for patients, providers, dental team members and the greater community. Information is provided on how to participate in this transformative program.