Health Law and Policy Commons^™

March 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!

In the March issue the reader will find the following original content:

• A cover story on “Market Realities for Rural and Small-Town Practices”
• A feature commentary on “Why I Chose to Practice in Rural Michigan”
• A feature, “Washington’s RIDE Program: A Model for Providing Rural Practitioners”
• A feature article on “UDA to RDA: A Pathway to Greater Success”
• News you need, Editorial and regular department articles …

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 Patient Enforcement, Addison S. Fowler

Villanova Environmental Law Journal

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 …

Dentistry And The Law: When Must A Data Breach Be Reported?, Daniel 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.

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

MSS 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 …

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.

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.

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.

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, …

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 …

Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein

University of Miami Law Review

Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …

‘Rounding Up’ Roundup: One Last Hope For Glyphosate Regulation, Gabrielle Argimón-Cartaya

University of Miami Law Review

Since 1974, Bayer’s Roundup remains the world’s most popular herbicide and pervades United States farmland and food production. However, in 2015, Roundup landed centerstage in an international and presently unsettled debate over whether its active ingredient, glyphosate, causes cancer. Environmental groups regularly call for the de-registration of glyphosate due to the plethora of ailments, ecological harm, and weed resistance resulting from glyphosate use. Dissenting experts, however, believe that strict bans would devastate agriculture because of global dependence and the lack of any popular alternatives. Faced with mounting litigation, silence from the highest court, and unreliable regulators, Bayer continues to effect …

Systemic Failures In Health Care Oversight, Julie L. Campbell

Georgia Law Review

Hospitals are intentionally shirking their duty to identify and report incompetent medical practitioners, and it is causing catastrophic injuries to patients. Why are hospitals doing this? Two decades of health care reforms have changed the way physicians and hospitals interact in the U.S. health care system, and as a result, the traditional health care oversight tools no longer work to ensure physician competence. With three out of four physicians now employees of hospitals or health care systems, hospitals have become the guardians of both the internal and external warning systems designed to flag incompetent practitioners. As the guardians, hospitals are …

Cracking Down On Egg Law: Legal Discrepancies Impacting Sales Of Ungraded Eggs In Texas, Parker Benton

St. Mary's Law Journal

No abstract provided.

The Right To Procreate By Nontraditional Methods, Elizabeth Kreager

St. Mary's Law Journal

No abstract provided.