Health Law and Policy Commons^™

Team Ce Will Make Your Practice Soar, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In "Team CE Will Make Your Practice Soar," Michelle C. Dziurgot, DDS, emphasizes the crucial role of education and support in dental practice success. Drawing on personal experiences, Dziurgot underscores the significance of ongoing learning for both new hires and existing team members. She highlights opportunities for continuing education, such as the Michigan Dental Association Annual Session, and encourages investment in training for the entire dental team. By providing education and support akin to her own upbringing, Dziurgot asserts that practices can thrive and overcome challenges, ultimately achieving greater heights of success.

Why I Chose To Practice In Rural Michigan, Lisenia M. Collazo Dmd, Mph

The Journal of the Michigan Dental Association

This article explores the motivations behind dentists choosing rural practice, focusing on personal experiences and factors influencing career decisions. The narrative outlines the author’s journey from Pennsylvania to the Upper Peninsula of Michigan, emphasizing a commitment to addressing oral health disparities in underserved communities. The discussion covers training experiences, financial considerations, community engagement, and the challenges of rural health care. The author also highlights the role of mentorship and advocates for building relationships with mentors in the profession, especially in rural settings. The essay underscores rural practice’s unique advantages, including professional growth, lower living costs, and a supportive community.

Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Addressing derogatory comments among staff members requires a systematic approach. Document the incident, meet individually with each employee, and assess their reactions. Responses may vary from denial to remorse. Tailor disciplinary action based on their accountability and alignment with office values. Consider potential legal ramifications and seek HR or legal guidance if needed. Regardless, swift action is essential to maintain a respectful workplace environment.

Special Insert: Guideline For Delegation Of Duties For Allied Dental Personnel In Michigan, David Foe Ma

The Journal of the Michigan Dental Association

Dental assistants, registered dental assistants, and registered dental hygienists have specific duties they can perform for patients as outlined by the Michigan Public Health Code and the Michigan Board of Dentistry General Rules. Permitted delegated services vary based on a team member’s level of training, licensure, and available supervision by a licensed dentist.

The Journal of Michigan Dental Association provides this pullout insert to guide the dental team. This easy-to-read chart quickly identifies recent changes to the duties each dental auxiliary can legally perform.

Policy Brief: Decreasing Unintended Pregnancy Rates In Mississippi, Jaycee S. Pilcher

Honors Theses

On June 24th, 2022, the U.S. Supreme Court’s decision to reverse Roe v. Wade marked a pivotal moment, eliminating the federal right to pregnancy termination. This thesis examines the challenges of restricted abortion access and emphasizes preventative strategies for unintended pregnancies. Analyzing both pre- and post-pregnancy interventions, such as enhanced sex education, hormonal contraceptives, insurance coverage, prescribers, and post-pregnancy policies, this thesis urges Mississippi residents and legislators to consider policy adjustments for reducing the occurrence of unintended pregnancies.

This research includes an analysis of literature, legislative records, and statistical data. It takes a comparative approach to evaluate the effectiveness of …

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A. Walsh, Kari A. Baldwin, Patricia King, Emily E. Anderson, Catherine V. Caldicott, Jeffrey D. Carter, Sandra H. Johnson, Katherine Matthews, William A. Norcross, Dana C. Shaffer, James M. Dubois

Articles

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Market Realities For Rural And Small-Town Practices, W. E. Rupprecht Dds

The Journal of the Michigan Dental Association

This article explores the challenges rural dental practitioners face in Michigan, highlighting the struggle to find successors for practice continuity and the impact on patient care. Examining sales data and demographic trends reveals disparities in successful practice transitions, emphasizing the difficulty in attracting buyers to rural areas. The reluctance of potential buyers, influenced by family and professional considerations, underscores the need for strategic solutions. Initiatives by the Michigan Dental Association and innovative approaches such as mentorship and financial incentives aim to address these challenges. The article concludes by urging practitioners to act as stewards and plan for successful transitions in …

Uda To Rda: A Pathway To Greater Success, Margaret Gingrich Dds

The Journal of the Michigan Dental Association

UDA to RDA: A Pathway to Greater Success" by Margaret Gingrich, DDS, explores the advantages of transitioning unlicensed dental auxiliaries (UDAs) to registered dental assistants (RDAs). The article emphasizes the benefits for both practitioners and staff, citing increased efficiency, improved patient care, and expanded practice capabilities. Dr. Gingrich shares personal experiences from her rural practice, highlighting the challenges of workforce shortages and the strategic adoption of RDAs to address these issues. She outlines a pathway for UDAs to attain RDA status through targeted training programs and contractual agreements, enhancing career satisfaction and practice productivity. The article underscores the importance of …

News You Need, David Foe Ma

The Journal of the Michigan Dental Association

The 2024 MDA Annual Session promises a range of valuable events and courses, including a free keynote by Joe Johnson, PhD, addressing career fulfillment. Additional highlights include the Gordon Christensen session, new dentist track, leadership courses, and an expansive exhibit hall. Meanwhile, the MDA House of Delegates Nominating Committee announced its candidate slate for the upcoming administrative year. The MDA also offers a free webinar on suicide prevention and celebrates communities awarded for water fluoridation quality. Additionally, ADA news covers a clinical guideline on managing dental pain, the ADA Academy's teaching program, and World Oral Health Day initiatives. Lastly, local …

J Mich Dent Assoc March 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 March 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story discussing "Market Realities for Rural and Small-Town Practices"

• A feature commentary from a new dentist in the Upper Peninsula on "Why I Chose to Practice in Rural Michigan"

• A feature article highlighting a dental education initiative, "Washington’s RIDE Program: A Model …

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Mda Foundation: Mission Of Mercy Volunteer Registration Is Open!, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation announces the reopening of volunteer registration for the Mission of Mercy free dental clinic in Flint, Michigan, from June 13-17. The clinic seeks dental professionals and laypeople alike to provide essential dental care to around 2,000 needy individuals. Volunteers can contribute clinical or non-clinical assistance, with opportunities for short-term or extended commitments. COVID-19 precautions are in place, and volunteers receive continuing education credits while profoundly impacting patients' lives.

Employer-Sponsored Reproduction, Valarie K. Blake, Elizabeth Mccuskey

Faculty Scholarship

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive choice, revealing the magnitude of impact that employers’ insurance coverage choices have on Americans’ access to reproductive care, as well as the legal infrastructure that prioritizes employer choice over individual autonomy.

Over half the population depends on employers for health insurance. The laws regulating those plans grant employers discretion in what services to cover, with exceptionally wide latitude for employers’ choices about reproductive care services, like abortion, contraception, infertility, and pre-exposure prophylaxis (PrEP). In their role as health care funders, employers pursue their own economic interests, …

The Socioeconomic Gap Of Infertility: Medicaid Coverage Of Infertility Treatments In West Virginia, Samantha Wilson

West Virginia Law Review

Infertility treatments have become more accessible and widely used in the last 20 years. As more couples look to these treatments in their struggle to start a family, health insurers are lagging behind in coverage for these options. For the majority of women in the country, paying for infertility treatment out-ofpocket is unrealistic. Not all states have approached this issue but those who have vary in their approach. Some are utilizing either mandate-to-cover for private insurers or Medicaid coverage to attempt to make treatments and diagnosis more accessible. Without policy solutions, the inequality of access between socioeconomic statuses will remain. …

Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth

West Virginia Law Review

Unprecedented criminal prosecutions for medical errors have increased throughout the nation: A Tennessee nurse was charged with reckless homicide for an isolated medication error; two South Carolina nurses were charged with criminal neglect for failing to change a wound dressing for just two days; and an Ohio pharmacist was charged with involuntary manslaughter for failing to detect that a solution contained too much sodium. Introducing criminal charges for cases of typical medical malpractice, which are most often the result of system failures, will dismantle hospitals’ error-reporting systems and lead to long-term catastrophic results for patient safety. This Note applies system …

Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model, Leah Frattellone

Pace International Law Review

The United States has the highest maternal mortality rate among high-income countries. This article focuses on policies the United States can implement to decrease the maternal mortality rate, with a focus on access to abortion, the standard of care for pregnant women and new mothers, access to healthcare, and family leave. This article also explores policies surrounding those areas in other high-income countries and analyzes the differences in both the actual policies and the outcomes of those policies. To effectively decrease the maternal mortality rate in the United States, policies from other high-income countries, with lower maternal mortality rates should …

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn

Arkansas Law Review

Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …

High Times, Higher Stakes: Mental Health Impacts In New Recreational Marijuana Legal Landscape, Jason T. Lorenzon J.D., Chris Pezalla, Diana Semilia

National Training Aircraft Symposium (NTAS)

This presentation delves into the societal and mental health consequences arising from the increasing trend of legalizing recreational marijuana. Specifically, we will examine the potential normalization of unconventional behavior among aviation college students, who may grapple with substance use challenges due to stress, sleep difficulties, and the demands of college life. Given the rigorous nature of flight training, prioritizing the mental well-being of pilots becomes imperative.

With the recent legalization of recreational marijuana in Ohio, this presentation integrates insights from Diana Semilia's 2022 study on Kent State Flight Students Ages 19-26. The study's objective was to extract practical recommendations applicable …

Against Bankruptcy: Public Litigation Values Versus The Endless Quest For Global Peace In Mass Litigation, Abbe Gluck, Elizabeth Chamblee Burch, Adam Zimmerman

Scholarly Works

Can bankruptcy court solve a public health crisis? Should the goal of “global peace” in complex lawsuits trump traditional litigation values in a system grounded in public participation and jurisdictional redundancy? How much leeway do courts have to innovate civil procedure?

These questions have finally reached the Supreme Court in Harrington v. Purdue Pharma L.P., the $6 billion bankruptcy that purports to achieve global resolution of all current and future opioids suits against the company and its former family owners, the Sacklers. The case provides a critical opportunity to reflect on what is lost when parties in mass torts find …

Porter Et Al. V. Mccormack Et Al. - Warren Circuit Court (Sc 3717), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3717. Case file for L.R. Porter and Lizzie Porter v J. N. McCormack, John H. Blackburn, Henry James and Tom Potter (Warren County, Kentucky Circuit Court) relating to a restraining order secured by Luther R. Porter of Bowling Green to block the removal of his smallpox-infected daughter and the rest of the family to the local pest house. Includes affidavits of physicians, public health officials and locals familiar with the pest house. The restraining order was subsequently lifted by a Louisville judge. Also includes a 1902 Courier-Journal …

Dentistry And The Law: When Must A Data Breach Be Reported?, Dan Schulte Jd

The Journal of the Michigan Dental Association

This dentistry and the law column addresses the necessity of reporting a potential HIPAA data breach involving missing patient records. The author explains the criteria outlined in the HIPAA Breach Notification Rule and emphasizes the importance of a thorough risk assessment. The dentist must evaluate the nature of the protected health information and whether an unauthorized person acquired it. The article details the steps for reporting, including individual notices to affected patients and the U.S. Secretary of Health and Human Services, with distinctions based on the number of individuals affected.

Unintended Consequences? How Wyoming's Response To The Affordable Care Act Created A Constitutional Right To Abortion And Medical Aid In Dying, Emily S. Madden

Wyoming Law Review

No abstract provided.

We’Re In This Together, So Be The Best Human You Can Be, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The editorial reflects on the shared human experiences that bind us together, using a travel delay as a backdrop. The author highlights personal growth during a trip to Europe and emphasizes the importance of common bonds among people, whether through travel, education, or shared moments. The narrative urges readers to step out of their comfort zones and be compassionate, contributing to a happier and more connected world.

Mda Foundation: What A Difference A Smile Makes, Anne Berquist

The Journal of the Michigan Dental Association

The 2023 round of scholarships awarded by the MDA Foundation totaled $31,000, more than twice the amount awarded in 2022. As a recipient of the MDA Foundation's Dr. George L. Bletsas Scholarship, Maya Scott, now a dental student, is dedicated to advocating for underserved minorities. Scott's journey into dentistry was shaped by her personal experiences with dental care and her desire to address health disparities. Growing up in challenging circumstances, orthodontic treatment transformed her smile and ignited her interest in dentistry. Her scholarship facilitates participation in dental missions and eases living expenses. With aspirations for general dentistry in underserved areas, …

The Mda Member Assistance Program: Real Help When You Need It, Lisa Knowles Dds

The Journal of the Michigan Dental Association

This health and well-being feature focuses on the MDA Member Assistance Program, an invaluable resource for dentists navigating the myriad challenges of professional and personal life. The author shares personal experiences and testimonials, highlighting the diverse benefits offered by the program, from mental health counseling to work-life resources. The article emphasizes the program's accessibility, confidentiality, and the wide range of topics it addresses, making it a crucial tool for dentists seeking support and guidance.

The Wages Of Crying Roe: Some Realism About Dobbs V. Jackson Women’S Health Organization, Neil S. Siegel

Faculty Scholarship

The U.S. Supreme Court’s reasoning in Dobbs v. Jackson Women’s Health Organizationcannot be taken seriously. The Court’s stated rationale for rejecting continued protection of the abortion right—that abortion is not deeply rooted in nineteenth century history and tradition—applies with equal force to other substantive due process rights that the DobbsCourt repeatedly insisted were not under threat even without considering stare decisis, including contraception, sexual intimacy between consenting adults, and same-sex marriage. One should add inter-racial marriage and protection from involuntary sterilization to that list. Rather than applying its draconian version of the “history and tradition” test in a …

Staff Matters: Do I Really Need An Employee Handbook?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article underscores the importance of having an employee handbook for even small practices. It emphasizes the handbook as a crucial tool for communicating expectations, providing a defense against employment claims, and ensuring legal compliance. The author advises on essential policies related to legal requirements, "At-Will" status, conduct, compensation, benefits, communication, attendance, and discipline. The article stresses the significance of well-crafted policies to avoid confusion and legal liabilities, recommending professional review before implementation.

Advocacy Spotlight: 2024 Regulatory Reminders, Neema Katibai Jd

The Journal of the Michigan Dental Association

The Advocacy Spotlight column delves into critical regulatory reminders for dentists in 2024, emphasizing compliance challenges and potential disruptions to practice. Key areas covered include licensing, amalgam separator renewal, electronic prescribing, and Beneficial Ownership Information reporting. The article stresses the importance of staying informed about evolving regulations to ensure seamless practice operations.

J Mich Dent Assoc February 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

• The February issue previews the 2024 Annual Session in Lansing, highlighting 61 courses, 48 speakers, and Michigan’s largest dental exhibit hall
• A Feature article on The MDA Member Assistance Program: Real Help When You Need It
• News You Need, including The MDA announcement of John Tramontana as the new CEO/executive director
• The MDA Student Debt Resource Center
• Updates on the MDA website refresh
• Celebrating National Children’s …