Health Law and Policy Commons^™

Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown

Utah Law Faculty Scholarship

Crisis Pregnancy Centers (CPCs) adopt the look of medical practices — complete with workers in scrubs, ultrasound machines, and invasive physical exams — to deceive pregnant women into thinking they are being treated by licensed medical professionals. In reality, CPCs offer exclusively Bible-based, non-objective counseling. Numerous attempts to regulate CPCs have faced political roadblocks. Most recently, in NIFLA v. Becerra, the Supreme Court held that state efforts to require CPCs to disclose that they are not medically licensed are unconstitutional violations of CPCs’ First Amendment right to free speech. In the wake of that decision, pregnant women in crisis — …

Proposition 187 And The Legacy Of Its Law Enforcement Provisions, Huyen Pham

Faculty Scholarship

Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to “fully cooperate” with federal immigration authorities. Specifically, these provisions required LEAs to verify the legal status of any arrestee “suspected” of being in the U.S. unlawfully, notify the arrestee of his/her unlawful status, and report the arrestee to state and federal immigration authorities.

Though never enforced, Section Four …

Blood Cancers And Oral Health, Silvia Spivakovsky Dds, Gwen Nichols Md, Laura Romundstad Crnp, Msn, Elizabeth Kitlas Lmsw

The Journal of the Michigan Dental Association

Managing Blood Cancer Patients' Oral Complications: Preventive Strategies during and after Treatment

Blood cancers, encompassing leukemia, lymphoma, myeloma, myelodysplastic syndromes (MDS), and myeloproliferative neoplasms (MPN), bring complex challenges to patient management due to their impact on hematopoiesis, immunity, and overall health. This review focuses on equipping dental practitioners with essential insights into preventing and managing intricate oral manifestations during and after treatment. Patient care strategies are outlined for leukemia subtypes such as acute lymphoblastic leukemia (ALL), acute myeloid leukemia (AML), chronic lymphocytic leukemia (CLL), and chronic myeloid leukemia (CML), emphasizing the need for tailored dental approaches. In lymphomas encompassing Hodgkin …

Dentistry And The Law: Some Legal Considerations When Selling A Practice, Dan Schulte Jd

The Journal of the Michigan Dental Association

Selling a dental practice, whether due to a dentist's passing or a planned sale, requires careful legal considerations. Ensuring a successful sale involves understanding financial dynamics, representation warranties, and post-closing obligations. Special attention must be paid to post-sale employment agreements, indemnity clauses, and non-compete covenants. Unique to dental practice sales is the challenge of securing patient records as collateral due to ethical constraints. In cases of a dentist's demise, non-dentists can manage practice ownership temporarily, preserving its value by engaging dentists until lawful transfer is possible. Legal nuances in these scenarios demand strategic navigation for successful practice transfers.

Staff Matters: 'Constructive Criticism’ Isn’T Constructive At All, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Providing constructive criticism is a delicate art, essential for employee development. Yet, resentment and upset often follow critiques. The key lies in the delivery. This column addresses how to ensure your feedback is productive and helps employees thrive. Avoid raising your voice, embarrassing them publicly, or dismissing their input. Instead, embrace teachable moments. Shift from "constructive criticism" to coaching, focusing on the task, explaining the "why," and maintaining respect. Foster open communication, listen actively, and encourage questions. By reframing feedback as partnership, not parental admonishment, you can cultivate engaged and empowered staff, critical in today's competitive job market.

Dentistry’S Supporting Role For Cancer Patients, Christopher J. Smiley

The Journal of the Michigan Dental Association

Cancer diagnosis overwhelms patients and caregivers. As the spouse of a patient with leukemia who received bone marrow transplant therapy, I share insights into the challenges these patients face. Oral healthcare professionals play a vital role during these trials. Dental teams, often at the oncology's behest, conduct comprehensive exams and treatments before cancer therapy starts. Providing timely and efficient dental care is essential to achieve clearance to proceed with cancer therapy. Dental infections can be catastrophic for these patients who may be immune compromised. Untreated oral issues could lead to hospitalization, jeopardizing treatment schedules. Advocating for patients' financial needs, often …

J Mich Dent Assoc April 2020

The Journal of the Michigan Dental Association

This April 2020 issue of the Journal of the Michigan Dental Association presents original feature content on:

• Oral Health Considerations for Cancer Therapy Patients, with articles on Blood Cancer and Oral Health authored by an expert team from the Leukemia and Lymphoma Society (LLS) and a Review of practical interventions for dental providers to address oral complications in cancer patients, authored by experts from the Ohio State University College of Dentistry.
• We continue our feature series on implementing an evidence-based process into clinical care with an article on developing critical appraisal skills to assess literature authored by Dr. Julie Frantsve-Hawley, …

Healers Or Dealers: The Effect Of Doctors Committing Health Care Fraud On The Opioid Epidemic, Peri Novick

Cardozo International & Comparative Law Review

The note argues that doctors who commit healthcare fraud by improperly prescribing opioids for personal gain should be held criminally liable for patient deaths resulting from their actions. It emphasizes that these physicians, often operating as "pill mills," violate ethical and legal standards, contributing significantly to the opioid epidemic. The analysis advocates for stronger legal enforcement and accountability to address this issue effectively.

How Can Law And Policy Advance Quality In Genomic Analysis And Interpretation For Clinical Care?, Ellen W. Clayton, Barbara J. Evans, Gail Javitt, Ralph Hull, Professor, University Of Minnesota Law School, Megan Robertson, Pilar Ossorio, Susan M. Wolf, Thomas Morgan

Vanderbilt Law School Faculty Publications

Delivering high quality care to patients depends on having accurate test results whose clinical implications are understood. While these requirements apply throughout medicine, the question of how best to ensure the quality of genetic tests used in clinical care, in particular, has vexed scientists and regulators alike for roughly two decades. Numerous federal advisory committees, expert scientific bodies, and professional societies have weighed in on the issue, proposed a variety of approaches, and identified a number of governmental and non-governmental entities to regulate the quality of single-gene tests. Over time, the understanding and clinical use of genetic tests have increased …

Online Pediatric Research: Addressing Consent, Assent, And Parental Permission, Ellen Wright Clayton, Kyle B. Brothers, Aaron J. Goldenberg

Vanderbilt Law School Faculty Publications

Research with children lags far behind research with adults, even though research conducted with pediatric participants is critical to developing scientific knowledge that can benefit children. This is particularly apparent in the realm of pharmaceuticals. In a recent study, physicians prescribed an off-label medication to children in 18.5% of pediatric ambulatory care visits. In 74.6% of these cases, the medication was prescribed to treat a condition for which it did not have FDA approval, and in 17.6% of cases the medication was approved for the condition but not in the child’s age group. This widespread practice of using unapproved, and …

The Evolving Federal Response To State Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues to ban the substance outright. Nonetheless, the federal response to state reforms has been anything but static during this revolution. This Essay, based on my Distinguished Speaker Lecture at Delaware Law School, examines how the federal response to state marijuana reforms has evolved over time, from War, to Partial Truce, and, next (possibly) to Capitulation. It also illuminates the ways in which this shifting federal response …

Fda In The Time Of Covid-19, Elizabeth Mccuskey

Faculty Scholarship

Over the past century, Congress has made the Food & Drug Administration (FDA) responsible for regulating the safety and efficacy of drugs and devices being deployed in the fight against the COVID-19 pandemic. The FDA’s regulatory infrastructure was built for public health threats and to combat manufacturers' misinformation about treatments.

This article spotlights the ways in which FDA has been adapting to a new challenge during the COVID-19 pandemic: combating misinformation emanating from within the executive branch.

Distinguishing Moral Hazard From Access For High-Cost Healthcare Under Insurance, Christopher Robertson, Andy Yuan, Wendan Zhang, Keith Joiner

Faculty Scholarship

Health policy has long been preoccupied with the problem that health insurance stimulates spending (“moral hazard”). However, much health spending is costly healthcare that uninsured individuals could not otherwise access. Field studies comparing those with more or less insurance cannot disaggregate moral hazard versus access. Moreover, studies of patients consuming routine low-dollar healthcare are not informative for the high-dollar healthcare that drives most of aggregate healthcare spending in the United States.
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/="/">We test indemnities as an alternative theory-driven counterfactual. Such conditional cash transfers would maintain an opportunity cost for patients, unlike standard insurance, but also guarantee access to …

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …

Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet

Faculty Scholarship

The coronavirus pandemic upturned Americans’ lives. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses. For individuals, the CARES Act includes five provisions that were effectively designed to provide people money. Chief among those provisions are a direct payment in the form of a tax rebate and enhanced employment benefits.

Ultimately, this financial support will prove to be shockingly minimal. The direct payments represent a fraction of the average American households’ monthly budget. The unemployment benefits, while providing …

Health Insurance Coverage And Factors That Affect Access To Healthcare, Bryce A. Jerin

Senior Theses

The modern landscape of the U.S. healthcare economy is a culmination of many decades of debate and growth. The system of health insurance coverage in the United States allows millions of Americans to participate in the delivery and access to care, while keeping millions out. Health insurance coverage, the availability of pharmaceuticals, and hospital billing practices are factors that affect the level of access to care. Healthcare has developed into a complex system with various stakeholders who act on their own incentives. Encouraging rational pricing for health care services is an important step toward ensuring access to care for everyone …

The Lancet–O’Neill Institute/Georgetown University Commission On Global Health And Law: The Power Of Law To Advance The Right To Health, Jenny Kaldor, Lawrence O. Gostin, John T. Monahan, Katie Gottschalk

Georgetown Law Faculty Publications and Other Works

The Lancet–O’Neill Institute/Georgetown University Commission on Global Health and Law published its report on the Legal Determinants of Health in 2019. The term ‘legal determinants of health’ draws attention to the power of law to influence upstream social and economic influences on population health. In this article, we introduce the Commission, including its background and rationale, set out its methodology, summarize its key findings and recommendations and reflect on its impact since publication. We also look to the future, making suggestions as to how the global health community can make the best use of the Commission’s momentum in relation …

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal …

From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article examines how we can overlay the principle of serving the common good, which undergirds public health law, onto financial well-being. It suggests that we apply public health law principles to corporate law and culture. In matters of public health, we view quite broadly states' police power to protect the public good. Government is also empowered to protect the general welfare in matters of financial well-being. Using the “general welfare” as a guidepost, this Article challenges the conventional wisdom that corporations exist solely to maximize profit and shareholder value to the exclusion of virtually everything else. It proposes two …