Health Law and Policy Commons^™

Life After The Covid-19 Pandemic, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

After 2 years of a seemingly relentless pandemic that has upended work, education, and social interactions, the questions many are asking are when will we get back to normal and what will life be like after the COVID-19 pandemic? In truth, science cannot fully predict what SARS-CoV-2 variants will arise and the trajectory of the pandemic. Yet, history and informed scientific observations provide a guide to how—and when—society will return to pre-pandemic patterns of behavior. There will not be a single moment when social life suddenly goes back to normal. Instead, gradually, over time, most people will view COVID-19 as …

Risk Tradeoffs And Equitable Decision-Making In The Covid-19 Pandemic, Lawrence O. Gostin, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Since the start of the Covid-19 pandemic, societies have faced agonizing decisions about whether to close schools, shutter businesses, delay nonemergency health care, restrict travel, and authorize the use of emergency Covid-19 countermeasures under limited scientific understanding. Measures to control the spread of COVID-19 have disrupted our health, educational, and economic systems, tarnished our mental health, and took away our cherished time with family and friends. Conflicting advice from health agencies on the utility of public health measures left us wondering, was it all worth it? We still do not have all the answers to guide us through difficult risk-risk …

Refusing Work To Avoid Serious Injury Or Death: An Empirical Study Of Legal Protections Before And During Covid-19, Michael H. Leroy

Pepperdine Law Review

I present data on court and administrative rulings involving employees who were disciplined or quit after refusing to work due to concerns about death or injury. My sample of 109 pre-pandemic cases from 1944–2020, and its comparison to twelve COVID-19 cases in 2020 and 2021, shows an emerging picture of new forms of work refusal. The cases before COVID-19 were concentrated in mining, construction, and transportation. In contrast, the COVID-19 cases span new occupations in social services, education, law, healthcare, protective services, food preparation, and building cleaning. Before COVID-19, employees lost most work refusal cases because laws such as the …

Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt

Brigham Young University Journal of Public Law

Amid the most impactful health crisis in over a century, COVID’s “counterpunch” entails aggressive efforts by numerous state legislatures to diminish state and local public health emergency powers. It is an incredulous movement facially supported by a need to appropriately balance economic interests and rights with communal health objectives. At its political core, however, is a “power grab” by legislatures to free their constituents from extensive emergency powers (e.g., social distancing, assembly limits, and business closures). Never mind the fact that these interventions, when used effectively and constitutionally, save lives and reduce morbidity. Public health agents and activists are understandably …

Implications Of Azar V. Allina Health Services On Rulemaking: How To Know When Notice And Comment Is Required Under The Medicare Act, John Geilman

Brigham Young University Journal of Public Law

No abstract provided.

An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini

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

When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …

Dentistry And The Law: Can I Be Reported To The Data Bank In Connection With A Billing Dispute?, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column addresses a dentist's concern about being reported to the National Practitioner Data Bank (NPDB) during a billing dispute. The dentist questions the validity of such a report, considering no issues with treatment quality are raised. The response emphasizes that adverse actions based solely on billing practices may not be reportable to the NPDB. Additionally, it clarifies that a dental plan administrator may not be eligible to make a Data Bank report, offering guidance on informing the plan about rights and potential contestation.

Staff Matters: Resolving Conflict Between Employees, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Staff Matters column addresses workplace conflict arising from an employee's abrasive communication style, affecting collaboration and patient interactions. Acknowledging conflict as normal, the advice emphasizes addressing it promptly. Steps include talking to those involved, identifying themes causing conflict, and meeting with individual employees to discuss concerns, impact, and potential solutions. Considering external stress factors, the focus is on open, respectful, and confidential resolution. Building a strong practice culture is highlighted for enhanced employee and patient satisfaction.

J Mich Dent Assoc February 2022

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 across the state. No publication reaches more Michigan dentists!

Ada Trustee Report: Working To Make Each Member Feel Welcome, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

ADA 9th District Trustee Dr. Michele Tulak-Gorecki shares insights from the ADA Board Retreat, emphasizing the importance of communication, board culture, and fostering a welcoming environment for all members. Dr. Cesar Sabates, the new ADA president, encourages a spirit of love, respect, and cooperation, envisioning the ADA as a supportive family. The column highlights the significance of making every member feel truly welcome and part of something special. ADA Executive Director Dr. Ray Cohlmia's vision focuses on customer focus, global presence, innovation, sustainability, and nimbleness, with upcoming innovative changes in ADA operations.

Headquarters Report: A Look Back, A Step Forward, Karen Burgess Cae

The Journal of the Michigan Dental Association

In her Headquarters Report, MDA Executive Director Karen Burgess reflects on the dental landscape entering the third year of the COVID-19 pandemic, acknowledging the "new normal" with increased demand for services, staff shortages, and supply chain challenges. Despite uncertainties, the Michigan Dental Association (MDA) maintained membership numbers better than expected, with a slight decrease in market share. The report emphasizes the importance of member value, highlighted by a favorable Net Promoter Score (NPS) and positive feedback on MDA benefits. It also discusses efforts in diversity, equity, and inclusion, along with successful advocacy initiatives influencing oral health in Michigan.

Commentary: The Role Of The Mda’S Committee On Diversity, Equity, And Inclusion, Mehul Patel Dds

The Journal of the Michigan Dental Association

This Commentary emphasizes the Michigan Dental Association's commitment to diversity, equity, and inclusion, aligning with its 2021-25 strategic plan. The Committee on Diversity, Equity, and Inclusion is tasked with monitoring demographic trends, enhancing inclusion, recommending equity actions, and improving member value for diverse dentists. Rejecting perceptions of tokenism, the committee underscores the importance of embracing diversity beyond race, including various dimensions like age, gender identity, and practice setting. Encouraging members to actively contribute, the commentary emphasizes the role of diversity in strengthening the MDA and advancing oral healthcare.

Advocacy Spotlight: Ada Lobbyist Conference Highlights Critical Advocacy Issues, Neema Katibai Jd

The Journal of the Michigan Dental Association

The ADA Lobbyist Conference highlighted crucial issues in dentistry, including Medicare reform, teledentistry, workforce concerns, and insurance challenges. State dental associations collaborated on building advocacy partnerships and shared successful grassroots engagement strategies. Medicare reform discussions focused on the ADA's opposition to Plan B inclusion and the impact of constituent outreach. State associations addressed Medicaid reform, emphasizing personal stories to convey the need for change. Teledentistry legislation and insurance company relationships were also key topics. The insights gained will shape the MDA's advocacy strategy for 2022.

10-Minute Ebd: Is Fluoride Varnish Safe And Effective?, Sara Toema Bds, Dds

The Journal of the Michigan Dental Association

This 10-Minute EBD column addresses a common clinical scenario where a parent questions the safety and efficacy of fluoride varnish for preventing dental decay in a pediatric patient. Conducting a 10-minute Evidence-Based Dentistry (EBD) literature search, the author explores the available evidence, pathways, and resources. The search includes Google, systematic reviews from Cochrane Library and Epistemonikos, and the American Dental Association (ADA) Center for Evidence-Based Dentistry database. The results confirm the safety and efficacy of 2.26% fluoride varnish, preventing 43% of caries in permanent teeth and 37% in primary teeth. The moderate-level evidence supports recommending fluoride varnish application, aligning with …

Please Don’T Shoot The Messenger, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial emphasizes the importance of discerning reliable information amid the influx of COVID-19-related studies and guidelines. Drawing parallels with the ancient Greek sentiment from Sophocles' play Antigone, JMDA Editor Dr. Chris Smiley advocates for an open-minded approach to trustworthy sources, citing the World Health Organization's seven steps for evaluation. The Michigan Dental Association is highlighted as a reliable resource for synthesizing evolving information for clinicians. Despite pandemic-induced frustrations, the editorial urges practitioners to navigate changes resiliently, recognizing the dynamic nature of public health guidance.

Infection Prevention In Dentistry: Reaching Our “New Normal”, Karen K. Daw Mba, Cecm, Marie T. Fluent Dds

The Journal of the Michigan Dental Association

This article addresses the evolving landscape of infection prevention in dentistry amid the COVID-19 pandemic, emphasizing the dynamic nature of guidance and standards. It explores historical perspectives, including the transition from "wet finger dentistry" to universal precautions and standard precautions. The focus then shifts to the regulatory considerations and the relevance of transmission-based precautions in the context of COVID-19. The Hierarchy of Controls is discussed, encompassing elimination, substitution, engineering controls, administrative control, and personal protective equipment. Respiratory hygiene, personal protective equipment, and infection prevention practices are compared between the pre-COVID era and the current landscape, emphasizing the importance of adapting …

Brief Of Amici Curiae Christian Medical & Dental Associations And Coptic Medical Association Of North America In Support Of Defendants' Motions To Dismiss, John A. Meiser, Francesca M. Genova, Christopher J. Schweickert

Court Briefs

No. 3:21-cv-06654-VC
Lonny Shavelson v. California Department of Health Care Services

From the Argument

Whether and to what extent doctors should be allowed to participate in intentionally ending the lives of their patients is one of the most important questions in public bioethics. The vast majority of states allow no physician participation at all. California is one of nine states that have passed laws allowing physicians to “assist” a patient’s suicide by making lethal drugs available. But each stops there. No state allows what the plaintiffs in this case now demand: that doctors be allowed to actively euthanize patients by …

It’S About Lyme: Why Congress Must Enact Medical Insurance Coverage Laws For Lyme Disease Patients Now, Jennifer Barrett

Seattle University Law Review Online

The Centers for Disease Control and Prevention (CDC) estimates approximately 476,000 people are diagnosed with Lyme disease in the United States each year. While many will recover with a short course of antibiotics, up to 35% will suffer from persistent symptoms after initial treatment. Despite scientific evidence showing the infection can persist long after initial treatment, most insurance companies restrict access to treatment beyond twenty-eight days, leaving patients to bear much of the financial burden. To limit crippling out-of-pocket expenses, Congress must enact legislation mandating coverage for the treatment of clinically diagnosed Lyme disease and co-infections based on the International …

Supreme Court Ruling On The Texas Abortion Law: Beginning To Unravel Roe V Wade, I. Glenn Cohen, Rebecca Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In 2021, Texas enacted an abortion statute, SB8, stating “a physician may not knowingly perform or induce an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child.” SB8’s prohibition applies broadly against anyone who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion.” The law’s design is unprecedented, enforced solely by private lawsuits, providing damages of $10,000 or more for each abortion. SB8 prohibits government enforcement, with the explicit intent of preventing federal judicial review. SB8 clearly violates current Supreme Court precedent creating a constitutional right to …

Rural Pregnant Women’S Experiences With Substance Use Disorder: A Qualitative Study, Cami Weber

Dissertations

Rural pregnant women with substance use disorder (SUD) are an understudied vulnerable population that often experiences poor pregnancy outcomes (Higgins et al., 2019; Jumah, 2016; Kramlich et al., 2018; Shaw et al., 2015). Despite the high prevalence and high burden associated with SUD, rural women are less likely than non-pregnant women to seek addiction treatment and complete an outpatient treatment program during pregnancy (Shaw et al., 2015). This study aimed to give voice to rural Missouri women with SUD. The research questions explored the life experiences and motivations for seeking treatment using a qualitative, descriptive research design with grounded theory …