Health Law and Policy Commons^™

Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell

William & Mary Law Review

Part I of this Note details the discovery of Truvada for PrEP [pre-exposure prophylaxis] and the ongoing patent infringement litigation brought by HHS [United States Department of Health and Human Services], discusses the patents currently held by CDC and Gilead, and examines the shortcomings of infringement litigation as a means to expand access to the drug. Part II analyzes the mechanism of march-in rights under the Bayh-Dole Act and discusses two previously attempted applications for the HIV-management drug ritonavir to demonstrate why march-in rights will always fail to expand access to life-saving medications or reduce costs to consumers. Part III …

Covid-19’S Impact On Dental Practice: Managing With Less Support, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial explores the impact of COVID-19 on dental practice, focusing on the challenges of managing with reduced support due to workforce shortages. The author shares personal experiences highlighting broader workforce realities, including stress, compensation concerns, and a desire for work-life balance contributing to the "Great Resignation." The dental field, already facing shortages, witnesses increased competition for skilled professionals, with corporate dentistry exacerbating the situation. The editorial discusses potential solutions, such as revising delegation rules, addressing relicensure barriers, and advocating for higher education funding. The lasting changes in dental practice administration and patient care delivery post-COVID-19, including potential shifts in …

Dentistry And The Law: What Is Illegal About Disclosing Fee Schedules?, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column addresses the question of disclosing fee schedules by dental plans. The author clarifies that dental plans often withhold fee schedule information, citing potential antitrust violations or illegality. However, the column asserts that this is an excuse rather than a legal constraint. The author explains that disclosing fee schedules does not violate antitrust laws; violations occur through agreements that unreasonably restrain competition. The reluctance of dental plans to disclose fee information is attributed to business objectives, not legal concerns. Dentists are encouraged to request fee schedules to make informed decisions about network participation, with a …

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

• A feature on “Periodontal Disease and COVID-19"
• A cover feature introducing Dr. Vince Benivegna 2022-23 MDA President
• A 10-Minute EBD: “Charcoal Toothpastes Pose Risks with Few Benefits”
• A Professional Ethics article on “How Can Our Office be More Inclusive of Transgender Patients”
• News you need: an Editorial, a profile on Dr. Jessica Rikert, recipient of the …

10-Minute Ebd: Charcoal Toothpastes Pose Risks With Few Benefits, Kelly Lemke Dds, Ms

The Journal of the Michigan Dental Association

The rising popularity of charcoal toothpaste, fueled by social media influencers and claims of teeth-whitening benefits, prompts an investigation into its effectiveness and potential risks. The article explores the evidence through a PICO (Population, Intervention, Comparison, Outcome) question focused on patients seeking whiter teeth. A literature review reveals limited scientific validation for the cosmetic or health benefits of charcoal-containing oral products. The abrasiveness of charcoal toothpaste poses risks, potentially leading to enamel loss, dentin exposure, and hypersensitivity. Lack of fluoride in many charcoal toothpaste formulations raises concerns about caries risk. The article emphasizes the importance of dental providers conducting due …

Staff Matters: Employees On Military Leave, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters column addresses an employer's concern about an employee being deployed for military service and explores options for managing the situation. The response emphasizes the application of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA). The article highlights that USERRA, applicable to all employers regardless of size, mandates unpaid leave for military service members and outlines re-employment rights. Practical suggestions for coping with the absence, including hiring temporary staff and having a clear policy in the employee handbook, are provided. The column also hints at future articles …

Periodontal Disease And Covid-19, Zhaozhao Chen Dds, Ms, Phd, Laurie K. Mccauley Dds, Ms, Phd, Purnima S. Kumar Bds, Ms, Phd, Hom-Lay Wang Dds, Ms, Phd

The Journal of the Michigan Dental Association

As the gateway to the respiratory system, the oral cavity can play an essential role in SARS-CoV-2 invasion and transmission. Besides high expression of angiotensin‐converting enzyme 2 (ACE2), the oral cavity can harbor viral particles in saliva, gingival crevicular fluid, and the periodontal pocket. Microbial and inflammatory associations closely link periodontitis and COVID-19. In this review, we summarize the possible oral manifestations of COVID‐19, its association with periodontal diseases, the plausible underlying mechanisms of microbial and inflammatory crosstalk between COVID‐19 and periodontal diseases, and mitigation protocols during periodontal treatment.

The Reckoning: The Return Of Genomic Results To 1444 Participants Across The Emerge3 Network, Ellen W. Clayton, Kathleen A. Leppig, Et Al.

Vanderbilt Law School Faculty Publications

The goal of Electronic Medical Records and Genomics (eMERGE) Phase III Network was to return actionable sequence variants to 25,084 consenting participants from 10 different health care institutions across the United States. The purpose of this study was to evaluate system-based issues relating to the return of results (RoR) disclosure process for clinical grade research genomic tests to eMERGE3 participants.

Innovation Policy And Chronic Emergencies, Robert Burrell, Catherine Kelly

Vanderbilt Journal of Entertainment & Technology Law

The COVID-19 pandemic has thrust the potential role of the state as a driver of scientific innovation onto center stage. Vaccines have been developed and brought to market in a timescale that seemed almost impossible when the crisis first struck. The pivotal nature of government intervention in this crisis has added to calls from academics and policy makers to adopt a more proactive, mission-oriented approach to innovation policy to tackle other key global challenges.

This Article considers the merits of these calls and argues that an important distinction must be drawn between what this Article terms acute and chronic emergencies. …

Peer Review/Ethics: How Can Our Office Be More Inclusive Of Transgender Patients?, Debra Peters Dds

The Journal of the Michigan Dental Association

In this professional ethics article, Dr. Debra Peters of the ADA’s Council on Ethics, Bylaws and Judicial Affairs addresses the need for dental teams to be more inclusive of transgender patients, emphasizing the challenges faced by transgender and gender non-conforming (TGNC) individuals in accessing dental care. The article recommends providing training and resources for dental teams, highlighting the importance of first impressions and effective communication during patient interactions. Practical suggestions include incorporating affirmed name and gender options in registration forms, ensuring appropriate language in interactions, and addressing insurance claim discrepancies. The column promotes creating a respectful environment and cites the …

Meet New Mda President Vince Benivegna, David Foe Ma

The Journal of the Michigan Dental Association

In an interview with the Journal, Dr. Vince Benivegna, incoming Michigan Dental Association (MDA) President, shares insights into his goals, challenges facing Michigan dentists, and the value of organized dentistry. As an oral surgeon and seasoned MDA volunteer, Dr. Benivegna addresses issues such as staffing shortages, dental supplies, and the evolving practice environment. He emphasizes the MDA's role in advocacy, mentorship, and supporting diverse dental professionals. Discussing the opioid crisis, Dr. Benivegna highlights dentistry's contributions while acknowledging the need for ongoing efforts. The interview provides a comprehensive view of leadership, professional growth, and work-life balance in organized dentistry.

Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian

Scholarly Articles in Law Reviews & Journals

The Supreme Court appears poised to overrule fifty years of precedent holding that pre-viability prohibitions on abortion are unconstitutional. In a leaked draft opinion of Dobbs v. Jackson Women Health Organization, Justice Alito proclaims that Roe v. Wade and Planned Parenthood v. Casey must be overruled and abortion left to the states to regulate. During oral argument in Dobbs, Justice Kavanaugh suggested that overturning Roe would return the Court to a postion of "neutrality" on abortion. Justice Kavanaugh's assertion falls in line with claims by anti-abortion jurists that reversing Roe would simplify abortion law by returning the issue to the …

Unmet Legal Needs As Health Injustice, Yael Cannon

Georgetown Law Faculty Publications and Other Works

In a seminal report in 2006, the American Bar Association recognized that millions of low-income Americans have civil legal issues that go unaddressed, jeopardizing their fundamental and basic human needs for shelter, sustenance, safety, family stability, and access to health care. The pandemic has only exacerbated this crisis. When rights in these areas go unenforced for Americans marginalized by poverty and race, their health can suffer, compounding health inequities. The fundamental civil legal needs of low-income Americans must be addressed in order to ensure health equity. This Article argues that unmet fundamental legal needs serve as determinants of health and …

Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad

SMU Law Review Forum

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current …

Religious Freedom Vs. Compelled Vaccination: A Case-Study Of The 2018-2019 Measles Pandemic Or The Law As A Public Health Response, Barbara Pfeffer Billauer Esq.

Catholic University Law Review

Following the recent decision in Roman Catholic Diocese v. Cuomo,^[1] clear guidance regarding the state’s powers to act during a pandemic is wanting. I look here to the 2018–2019 global measles epidemic, with a focus on the New York and Israeli experiences, for that guidance. Measles rates increased dramatically during the 2018–2019 season, both in the United States and globally. This phenomenon reflects a general decline in worldwide vaccination and an increase in vaccine resistance stoked by anti-vax groups. In the United States, the epidemic targeted ultra-Orthodox Jewish communities, as it did in Israel. This Article evaluates the …

Equal Access To Donate: Plasma Donation Centers And The Ada, Lucy Richman

Cleveland State Law Review

The Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in employment, public services, and private entities operating public accommodations. Despite clear moral and social incentives for becoming disability-friendly outside of the legal mandate, many private entities have asserted that the ADA does not apply to them. In multiple cases, plasma donation centers, one particular type of entity, have strongly disputed whether they are subject to the ADA as public accommodations. The crux of these cases has hinged on whether plasma donation centers are “service establishments” under Title III of the ADA, and three such cases have reached the …

Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Next Small Step, Samiya Henry

Undergraduate Research and Scholarship Symposium

As of right now, NASA and other space programs are estimating that by 2026, there will be people living in Space. Whether it be the Moon or Mars, one cannot have a functional society without a proper source of laws, especially since no one country has ownership over space. "One Small Step" will produce this source of laws, called the “Space Bill of Rights,” that will outline important matters like the trade of resources, medical care, government officials, and will ensure the preservation of our physical and figurative footsteps in space. This Space Bill of Rights is made up of …

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

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

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

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 …