Health Law and Policy Commons^™

October 3, 2025 — Letter To Cms On Recent Guidance For The Rural Health Transformation Program, American Dental Association

Advocacy in Action letters

No abstract provided.

October 2, 2025 — Letter To Cis On H-1b Visa Reforms, American Dental Association

Advocacy in Action letters

No abstract provided.

Unh Healthcare Vitals: Health Insurance Premiums Are Skyrocking For 2026-- Why?, Lucy Hodder

Law Faculty Scholarship

Health insurance premiums and out-of-pocket costs in New Hampshire are projected to rise sharply in 2026 due to expiring federal subsidies, escalating prescription drug prices, hospital consolidation, workforce shortages, and policy changes. Without intervention, affordability will worsen for individuals and employers, with significant impacts on coverage and access. The report outlines policy recommendations to help mitigate these challenges for Granite Staters.

Seeing Is Believing: Identifying The “Ideal Manifestation Of Hidden Disability” In Ontario’S And Quebec’S Social Benefits Tribunals, Pascale Malenfant

Dalhousie Law Journal

The phenomenon of disability skepticism, especially in relation to “hidden” disabilities like chronic fatigue syndrome (CFS), has fostered a culture of doubt among medical, legal, and public entities. This paper explores the intersection of such skepticism with the social benefits adjudication processes in Ontario and Quebec. In drawing parallels to feminist critiques of the “ideal victim” in sexual assault cases, it argues that the tribunals’ biased framework for believability is based on a claimant’s conformity to stereotypical expectations of what an “ideal” claimant with a hidden disability looks like. By comparatively examining 10 years worth of Ontario and Quebec tribunal …

Venturing Into Health, Rachel E. Sachs

Fordham Law Review

In recent years, the landscape of venture capital (VC) investment in healthcare technologies has been altered by the introduction of new types of VC firms: those that have emerged from hospital systems and health insurers. However, the legal literature has not yet analyzed these new VC firms, the role they may play in healthcare innovation, and how innovation law and policy ought to consider their involvement. Hospital system and health insurer VC firms operate very differently than traditional VC firms, even those that have historically developed healthcare specializations. Instead of simply investing capital into start-up firms, hospital system and health …

Double Dosing: How Brand-Name Pharmaceutical Manufacturers Manipulate Patent Rules To Extend Market Exclusivity, Elizabeth Hertzberg

Washington and Lee Law Review

A robust patent system is important for spurring innovation, but it is not without risk. Because a patent owner has exclusivity over the patented subject matter for a specific term, there is incentive to extend that monopoly however possible. Identical subject matter is unpatentable, but obvious variants of an existing patent may be allowed if the applicant agrees to the same expiration date for both patents. This agreement is called a terminal disclaimer. While patents tied together with terminal disclaimers may not necessarily lead to unjust patent term extensions, an army of terminal disclaimers directed at one invention presents a …

The Beginning Of Change: A Long Overdue Shift In Policy For Profound Autism, Molly Mcguinness

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Are Your Secrets Safe?: Imposing A Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information, Lauren Quinn

Fordham Law Review

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States. However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers …

Ethical Sourcing In The Context Of Health Data Supply Chain Management: A Value Sensitive Design Approach, Camille Nebeker Edd, Ms, Ellen Wright Clayton, Et Al.

Vanderbilt Law School Faculty Publications

Abstract

Objective

The Bridge2AI program is establishing rules of practice for creating ethically sourced health data repositories to support the effective use of ML/AI in biomedical and behavioral research. Given the initially undefined nature of ethically sourced data, this work concurrently developed definitions and guidelines alongside repository creation, grounded in a practical, operational framework.

Materials and Methods

A Value Sensitive Design (VSD) approach was used to explore ethical tensions across stages of health data repository development. The conceptual investigation drew from supply chain management (SCM) processes to (1) identify actors who would interact with or be affected by the data …

News You Need: How Many Of These Ada/Mda Practice Resources Are You Using?

The Journal of the Michigan Dental Association

This October, MDA offers updates and resources including support for human resources, ongoing education, and professional tools. Michigan was selected for the Medicaid Oral Health Workforce Implementation Learning Series to enhance access to care. The MDA launched HERM-E, an AI-powered digital assistant providing 24/7 access to resources and quick answers. Supporting chairside advocacy for community water fluoridation, the News reports that a national survey indicates 81% of Americans support or are neutral about water fluoridation. Applications are now open for the 2026 MDA LEAD Program, and nominations are being accepted for MDA awards and leadership positions. The News column further …

J Mich Dent Assoc October 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADACommons. The October 2025 (Volume 107, No. 10) issue of the Journal is published in a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in November. The October issue highlights the critical importance of advocacy through the MDA Dental Political Action Committee (PAC) and provides practical, management-focused information …

Dentistry And The Law: Sponsoring A Foreign National To Work As A Dentist, Kate Mccarroll Jd

The Journal of the Michigan Dental Association

To employ a foreign national as a dentist in the U.S., a valid immigration status that permits employment is necessary, usually requiring employer sponsorship. The H-1B visa is the most common option, and requires the individual to hold a bachelor's degree and a state license for patient care. H-1Bs are limited in number, with far more applicants than available visas, and selections are made through a random electronic lottery every March. Exceptions to the cap exist for foreign nationals changing employers and those sponsored by cap-exempt institutions, such as universities, allowing private practices to “borrow” this status. For Canadian or …

Mda Dental Pac: Why It’S So Important To You, James Mashni Dds

The Journal of the Michigan Dental Association

The MDA Dental PAC (Political Action Committee) supports the Michigan Dental Association’s (MDA) lobbying efforts on state legislation. It is funded entirely by voluntary contributions from MDA member dentists, mainly collected through a notice included in the annual dues statement. The PAC pools these funds to support political officials who advocate for issues important to organized dentistry, regardless of political party. Key advocacy priorities for 2025 include establishing Dental Loss Ratio laws, legislating Assignment of Benefits, regulating Virtual Credit Card Payments, addressing fees for Non-Covered Services, and increasing Medicaid Anesthesia Reimbursement. The PAC is managed by a Board of Governors …

The Weight Of Stigma, Rebekah A. King, Michael S. Sinha

Cardozo Journal of Equal Rights & Social Justice

Many health care providers, both implicitly and explicitly, perpetuate stigma in their treatment of patients classified as obese. While medical professionals understand that a one-size-fits-all approach to treatment is ineffective, patients classified as obese are frequently offered limited treatment options that fail to account for their unique needs. Access to a range of effective treatment options has historically been limited, but new GLP-1 receptor agonist medicines like Wegovy (semaglutide) and Zepbound (tirzepatide), have shown incredible promise in addressing the obesity crisis. Unfortunately, these transformative drugs are costly, in high demand, and not widely covered by insurance, rendering them inaccessible for …

Bridging The Rural Telehealth Divide, Deborah Farringer

Law Faculty Scholarship

This article examines the historical development, regulatory landscape, and post-pandemic future of telehealth in the United States, with a particular focus on its original purpose: improving access to care for rural populations. Although Congress first authorized Medicare reimbursement for telehealth in 1997 to alleviate rural health disparities, federal and state regulatory frameworks—especially restrictions on originating sites, licensure rules, and HIPAA-driven technology requirements—significantly limited adoption for more than two decades. The COVID-19 public health emergency triggered sweeping temporary waivers that removed geographic limitations, permitted the use of common communication technologies, liberalized supervision and prescribing rules, and allowed audio-only encounters. These changes …

Bridging The Fair Share Gap For Antibacterial Innovation: An Observational Analysis Of Antibacterial Revenues In The G7 And Eu27, Maple Goh, Matt Mcenany, Rachel Freeman, Max Newton, Aaron S. Kesselheim, Kevin Outterson

Faculty Scholarship

Background

Antimicrobial resistance (AMR) poses an important global health challenge, including insufficient investment in research and development. This study quantifies the required “fair share” contributions from the G7+EU27 countries for an effective set of pull incentives for antibacterial research and development.

Methods

Fair share targets within the G7+EU27 were calculated from GDP data and revenue targets from the literature, adjusted for inflation. Cefiderocol and ceftazidime-avibactam were selected as representative of key antibacterials. Revenues and volumes from IQVIA MIDAS data on these drugs were used to assess alignment with fair share targets. The study period was January 2015–December 2024.

Findings

The …

Whose Burden, Whose Benefit? Revisiting Ethical Trade-Offs In The Who Guidelines On Scaling Up Mass Azithromycin Administration, Maple Goh, A. M. Viens, Safura Abdool Karim, Aaron S. Kesselheim, Kevin Outterson

Faculty Scholarship

Author summary

• New evidence suggests that mass drug administration of azithromycin (MDAA) can significantly reduce childhood mortality in high-burden, low-resource settings, yet the World Health Organization’s (WHO) 2020 guidelines take a cautious approach due to concerns about antimicrobial resistance (AMR).
• While the WHO guidelines cite ethical principles, they insufficiently address key considerations, such as intergenerational justice, equitable burden sharing, and the structural determinants of health that shape infectious disease vulnerability.
• Global AMR policy often prioritizes conservation over access in ways that disproportionately burden low-income countries, despite high-income countries also bearing significant responsibility for the emergence and spread of AMR.
• A …

Unvaccinated By Doubt: How Covid-19 Governance Sparked A Measles Outbreak, Ellen Black

Law Faculty Scholarship

This Article examines how the erosion of public trust in government and public health institutions during the COVID-19 pandemic has contributed to the resurgence of measles in the United States. It argues that pandemic-era governance—marked by inconsistent scientific messaging, politically charged public health mandates, and the federal government’s coordination with social media platforms to suppress dissenting viewpoints—generated widespread skepticism that continues to undermine vaccination uptake. Through a detailed analysis of lockdown policies, vaccine and mask mandates, and the subsequent revelations regarding governmental influence over online content moderation, the Article demonstrates how conflicting guidance and perceived censorship fostered long-lasting public doubt. …

The Ethics Of Industry-Funded Speakers’ Bureaus—How They Disseminate Innovation And Could Corrupt Medicine, Jennifer E. Miller, Christopher Robertson

Faculty Scholarship

It is often said that a business without marketing is dead. But when a medical product is marketed irresponsibly, it is patients who may pay with their lives. In this context, Wieberdink et al¹ examine participation in industry-sponsored speakers’ bureaus by academic clinical faculty, conceptualizing the practice as a form of conflicted and irresponsible pharmaceutical marketing. Reviewing 129 US allopathic medical school conflict-of-interest (COI) policies, they found that less than 40% prohibit industry speakers’ bureau participation outright, while 19% impose conditional restrictions, such as requiring that faculty retain control over presentation content. Wieberdink et al¹ advocate for a …

Wine Unwelcome: The Constitutional Contours Of Wine Regulation, Alexander Fallone

Brooklyn Journal of Corporate, Financial & Commercial Law

Wine retail shops face a dizzying labyrinth of state laws that severely restrict their ability to ship wine to out-of-state consumers. While the dormant Commerce Clause would normally strike down laws that impose restrictions on interstate commerce, wine (and alcoholic beverages) must contend with Section Two of the Twenty-first Amendment, which gives the states control over the importation and distribution of wine intending to be consumed within their borders. Court of Appeals cases interpreting Supreme Court precedent on the tension between the dormant Commerce Clause and Section Two have practically stripped the dormant Commerce Clause of any power. This Note …