Health Law and Policy Commons^™

Stopping The Cirrhosis: An International Review Of Hep C Screening In Prisons And Jails From 2004-2023, Anastasia Sahu Bs, Jack Spurlock Ba, Mhs, Eliza Beal Md

Medical Student Research Symposium

Background: As of 2023, HCV prevalence in state prisons in the United States was 9 times higher than the general population¹. Without treatment, 20% of people with HCV will develop cirrhosis, and some estimate that 70% of hepatocellular carcinoma (HCC) cases arise from cirrhosis or advanced fibrosis². Despite the high prevalence in prisons, the US does not have nationally standardized Hep C screening in correctional facilities. The goal of this study is to investigate different models of existing programs in prisons internationally. Understanding these models will inform Hep C screening in US prisons on a state …

Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah

University of Miami Law Review

More than a dozen years have passed since the U.S. Supreme Court decided that federal preemption protects manufacturers of generic (but not brand-name) drugs from most types of products liability claims. This seemingly arbitrary distinction sprang from a peculiarity in the regulations of the U.S. Food and Drug Administration (FDA). That agency soon thereafter proposed to modify its rules in order to eliminate this asymmetry in how the implied preemption defense worked to bar inadequate warning claims, but its effort ultimately failed, while lower courts have confronted some creative efforts to circumvent the special protection enjoyed by generic drug manufacturers. …

Your Car Is Killing You: Reducing Traffic To Promote Healthy Communities, Andrew D. Levy

Health Matrix: The Journal of Law-Medicine

In the United States, cars contribute to a bevy of health problems, constituting a large cost to U.S. taxpayers who must subsidize the medical treatment that stems from them. This Note explores solutions to this health problem by attempting to minimize the number of cars in urban spaces. In particular, it looks at reworking statutory funding strategies for bicycle lanes, calls for using certain types of bicycle lanes that will lead to wider utilization, and advocates for rezoning urban areas to promote density.

Privatized Medicaid: An Incentivized System Of Constant Denials, Hannah R. Courtney

West Virginia Law Review

The Medicaid Program was created to fill the gap of what private insurance would not do—provide vulnerable populations with meaningful access to quality health care—but now it has been thrown into the pitfalls of private insurance. Over the last two decades, there has been a significant rise in states contracting with private Managed Care Organizations (“MCOs”) to provide services to a percentage of their Medicaid enrollees. MCOs now make decisions each year to approve or deny millions of requests for Medicaid coverage of health care services using prior authorization. Until now, the criticisms and fears surrounding privatized Medicaid have largely …

Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein

UF Law Faculty Publications

Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding across the United States, aiming to address mental health needs and reduce homelessness, hospital costs, and community violence. Since 2019, fifteen preventive outpatient commitment statutes have been passed or expanded. These statutes, which authorize courts to mandate community treatment for nondangerous individuals with mental illnesses, have evaded close scrutiny, rest on misconceptions, and raise significant constitutional concerns. An analysis of legislative debates, court opinions, and scholarship reveals a fundamental misunderstanding about the prevalence of these laws, which contributes to their speedy passage. Additionally, no analysis exists of these …

Fetal Personhood And The Judicial Erosion Of Women's Rights Following Dobbs, Brendan Williams

University of the District of Columbia Law Review

In Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overturned its prior precedents recognizing a constitutional right to abortion, a recognition that began nearly a half-century before with its decision in Roe vs. Wade. In its granting certiorari in a case involving a Mississippi law restricting abortion, the New York Times reported that the Court majority took advantage of the death of Justice Ruth Bader Ginsburg by allowing “Mississippi to perform a baitand-switch, widening what had been a narrower attempt to restrict abortion while she was alive into a full assault on Roe — the kind …

Science And Politics In Public Health Regulation, Samuel R. Bagenstos

University of Michigan Journal of Law Reform

Much of American public discourse takes for granted a distinction between science and politics. People describe and understand that distinction in contradictory ways, however. And those contradictions themselves underscore how closely entwined science and politics actually are.

Beyond Politics: Rethinking The Conversation On Gender-Affirming Care For Youth, Olivia Sanders

Mercer Law Review

According to a study conducted in June of 2022 by the Williams Institute School of Law, nearly 300,000 youth members in the United States identify as transgender. According to these calculations, this statistic indicates that “[t]he number of young people who identify as transgender has nearly doubled in recent years.” Gender‑affirming healthcare is usually administered to treat gender dysphoria, which is defined as “a state of distress or discomfort that may be experienced because a person’s gender identity differs from that which is physically and/or socially attributed to their sex assigned at birth.” A 2021 study conducted by Reuters exposed …

The Harms Of Expanding Physician-Assisted Suicide, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Currently, nine states and the District of Columbia have passed laws in the U.S. to legalize and regulate the practice of physicianassisted suicide (“PAS”). Proponents initially garnered public support by portraying PAS as distinct from suicide, framing it as a rare mechanism for patients with terminal illness to achieve a peaceful death, enhance autonomy, and reduce suffering. Original state laws contained numerous eligibility requirements designed as safeguards to provide stringent limits. However, over the past few years proponents of PAS have systematically worked to expand PAS and erase these limits by increasing eligible providers, reducing waiting periods, and eliminating residency …

Medical Necessity And Prior Authorization: The Unregulated Power Of Insurers, Virginia Lefever

Health Matrix: The Journal of Law-Medicine

The absence of a uniform federal definition of “medical necessity” in employer-sponsored health plans has allowed insurers to create their own coverage standards, often resulting in inconsistent and opaque determinations that limit access to essential care. This Note argues that ERISA’s silence on medical necessity grants insurers excessive discretion, enabling restrictive prior authorization policies that disadvantage patients and providers alike. By analyzing judicial interpretations, regulatory gaps, and the disparate standards imposed by insurers, this Note makes the case for a federally mandated definition of medical necessity applicable to all employer-sponsored plans. A standardized definition would promote transparency, reduce litigation, and …

J Mich Dent Assoc April 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The April issue marks the end of an era, as the MDA announced it would discontinue providing a print issue and focus on digital distribution.

This month’s issue includes a cover feature on going non-par, a feature article on pterygoid implant placement and restoration, candidate’s biographical statements, and information on a new membership benefit for health and well-being. Regular departments include the New …

“The Craze For Legal Proceedings”: Another Look At Schloendorff V. New York Hospital, Paul A. Lombardo

Health Matrix: The Journal of Law-Medicine

In 1914, Judge Benjamin Cardozo wrote an appellate decision in the case of Schloendorff v. Society of the New York Hospital containing the assertion, “Every human being of adult years and sound mind has a right to determine what shall be done to his own body.” This quotation later became a touchstone for discussions of the principle of informed consent. Previous scholarship has questioned the use of Schloendorff as a byword of patient self-determination, but more recently discovered records suggest yet another way to understand the famous case. Material from the archive of the New York Hospital—where Mary Schloendorff’s surgery …

For Patients’ Sake! Can We Get Some Clarity? Defending The Privilege And Confidentiality Of Patient Safety Work Product, Alyssa Boob

Dickinson Law Review (2017-Present)

In 2000, the Institute of Medicine published To Err is Human: Building a Safe Health System, a report revealing the shocking rate of medical errors plaguing the United States healthcare system. Faced with the horrifying consequences of these medical mishaps, Congress sprang into action. It enacted the Patient Safety and Quality Improvement Act of 2005 (PSQIA), which authorized the creation of Patient Safety Organizations (PSOs). Intended to increase transparency and communication amongst healthcare providers, PSOs collect provider medical error data—termed Patient Safety Work Product (PSWP)—and suggest areas of improvement.

The Act grants privilege and confidentiality protections to any information …

Dirty Water, Breanna Booker, Michael S. Sinha

William & Mary Environmental Law and Policy Review

There are tens of thousands of unregulated industrial substances manufactured and used in the United States. This Article focuses on three specific to plastic and its manufacturing process: microplastics, phthalates, and BPAs. These substances have been attributed to many known health harms and potentially more that have yet to be identified. The research is still nascent and continues to evolve, but what we do know is who is creating the problem. From big oil companies and plastics manufacturers, to creators of textiles and tires, to investors who all contribute to the problem, how can we hold these accountable for the …

Frontmatter, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Making Super Soldiers: Command Authority And The Implications Of “Getting To Yes”, Christopher J. Lin

Health Matrix: The Journal of Law-Medicine

The capability and will to enhance soldiers’ minds and bodies for warfare have existed throughout the centuries and across nations, from Ancient Greek hoplites partaking in wine before battle to calm nerves, to American servicemembers consuming amphetamines to remain awake during long-range reconnaissance missions in the Vietnam War. With advancements in biomedical technology, certain types of enhancements entail modifications with varying degrees of permanence to enhance battlefield performance. This Article explores the historical context and contemporary developments of biomedical enhancements, with a focus on the longstanding deference to military command authority regarding issues of individual autonomy. By examining the impacts …

At What Cost: Medicare’S Cost- Saving Measures In Skilled Nursing Facilities And Their Impact On Vulnerable Populations, Julia Mcdermott

Health Matrix: The Journal of Law-Medicine

As the highest spender of health care in the world, the United States continues to look for ways to reduce its spending. As the main health insurance provider for the elderly and disabled, Medicare shares this mission. Unfortunately, some of Medicare’s cost-saving initiatives in one of its most critical care settings, Skilled Nursing Facilities, cause disproportionately negative impacts on vulnerable populations. This Note analyzes three of Medicare’s cost-saving measures in Skilled Nursing Facilities, namely value-based purchasing programs, the twenty-day limit on full coverage, and the practical matter provision. This Note highlights how these measures have a disparate negative effect on …

Sacrificing Financial Health For Physical Health: The Implications Of Medical Credit Cards, Emma Kerro

Health Matrix: The Journal of Law-Medicine

Rising healthcare costs have contributed to significant medical debt increases for Americans in recent years. One way patients are paying these charges is with a medical credit card. The increase in popularity of medical credit cards can, in part, be attributed to non-profit hospitals’ insufficient charity care offerings. Some hospitals are— themselves—offering healthcare financing products to patients rather than offering charity care. As a result, low income patients often become trapped in a cycle of medical debt. While patients may need help paying for their care, a predatory lending option should not be their first or only choice. Non-profit hospitals …

Issue 35 Cover, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Is There A Librarian In The House? Researching Federal And Virginia State Health Law, Andrew J. Christensen

Library Scholarship

Health law is a complex and diverse practice area, encompassing issues ranging from insurance law and patient privacy to medical malpractice and vaccine law. Researching health law thus entails a combination of primary and secondary resources, statutory and regulatory updates, and often a nuanced or multijurisdictional understanding of healthcare policy. For both career specialists and lawyers who are new to the field, finding accurate, current information on both federal and state-specific health laws is critical.

Luckily, the librarian is in. This guide highlights key resources and practical strategies for effectively researching federal and Virginia health law, tailored to legal practitioners …