Health Law and Policy Commons^™

Dobbs And The Destabilization Of Clinical Trials, Allison M. Whelan

Vanderbilt Law Review

This Article explores an important yet overlooked collateral consequence of the U.S. Supreme Court’s elimination of the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization: the destabilization of clinical research. Specifically, this Article focuses on the harms to pregnant persons, persons capable of pregnancy, and persons of color that may transpire as a result of new barriers to clinical research in the aftermath of Dobbs. By hindering clinical research, these new obstacles will exacerbate existing health disparities experienced by these populations, which have historically been excluded from or exploited by the American healthcare and research systems.

This …

A Dynamic Alternative: Alumnus Thrives In International Trade Compliance, Catherine Deyarmond

Black History at St. Mary's University - 2025 Collection

Alum Robert Dunlap reflects on his time at St. Mary’s University in the International Relations Joint Degree Program and how it has set him up for his success in his chosen field. Dunlap’s dedication to his education and work has paid dividends in his professional career, allowing him to work in a San Antonio manufacturing business with ties to Mexico, but also for West Pharmaceutical Services, where he has handled new regulations impacting different sites around the world. Dunlap’s success is a shining example of the possibilities of an education at St. Mary's University, but also how alternatives to a …

Blurring Boundaries: A Proposed Research Agenda For Ethical, Legal, Social, And Historical Studies At The Intersection Of Infectious And Genetic Disease, Seethal Jose, Juli Bollinger, Gail Geller, Jeremy Greene, Leslie Meltzer Henry, Brian Hutler, Eric Thomas Juengst, Jeffrey Kahn, Anna Mastroianni, Graham Mooney

Articles

Contemporary understanding of the mechanisms of disease increasingly points to examples of “genetic diseases” with an infectious component and of “infectious diseases” with a genetic component. Such blurred boundaries generate ethical, legal, and social issues and highlight historical contexts that must be examined when incorporating host genomic information into the prevention, outbreak control, and treatment of infectious diseases.

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

How An Mda Policy Becomes State Law, Daniel Miller Dds, Tom Steinbis

The Journal of the Michigan Dental Association

The MDA Committee on Government and Insurance Affairs is addressing concerns raised by dentists regarding the use of virtual credit cards (VCCs) by insurance companies, which have led to financial challenges such as transaction fees and delayed payments. The MDA has initiated a structured legislative process to resolve the issue, involving data collection, policy review, and drafting a bill in collaboration with legal experts and insurance companies. The legislation, introduced by Rep. Sharon MacDonell, aims to ensure that dental practitioners have alternative payment options that guarantee full reimbursement. The MDA continues to advocate for the bill through the legislative process, …

The New Professional: Debt Repayment Strategies: What New Dentists Should Know, Amrita Patel Dds

The Journal of the Michigan Dental Association

Dentists face significant financial challenges due to educational and practice-related loans. Effective debt repayment strategies are essential for financial stability and long-term success. Dentists should prioritize high-interest debts and explore consolidation or refinancing options to simplify debt management and reduce interest costs. Popular repayment methods include the "snowball" and "avalanche" methods, focusing on either debt balances or interest rates. Income-driven repayment plans for federal educational loans offer flexibility and potential forgiveness. Financial literacy, budgeting, emergency funds, and professional advice are key to successful debt management.

The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt

William & Mary Environmental Law and Policy Review

The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …

Common Measures Of Vaccination Intention Generate Substantially Different Estimates That Can Reduce Predictive Validity, Jessica Fishman, K. Aleks Schaefer, Daniel Scheitrum, Christopher Robertson, Dolores Albarracin

Faculty Scholarship

Surveys often estimate vaccination intentions using dichotomous ("Yes"/"No") or trichotomous ("Yes," "Unsure," "No") response options presented in different orders. Do survey results depend on these variations? This controlled experiment randomized participants to dichotomous or trichotomous measures of vaccine intentions (with “Yes” and “No” options presented in different orders). Intentions were measured separately for COVID-19, its booster, and influenza vaccines. Among a sample of U.S. adults (N = 4,764), estimates of vaccine intention varied as much as 37.5 ± 17.4 percentage points as a function of the dichotomous or trichotomous response set. Among participants who had not received the COVID-19 vaccine, …

Bridging The False Certification Gap: Why “Resulting From” In The 2010 Aks Amendment Requires But-For Causation, Alexandra Wildman

Fordham Law Review

Before 2010, violators of the Anti-Kickback Statute (AKS) could avoid False Claims Act (FCA) liability if claims for items or services borne of their kickback scheme were submitted to federal healthcare programs by a third party. In 2010, as part of the Affordable Care Act (ACA), Congress attempted to close this loophole in the FCA by amending the AKS. Under the amendment’s terms, claims submitted to federal healthcare programs for items or services “resulting from” an AKS scheme are false for the purposes of establishing FCA liability, regardless of who submitted the claims.

Although the amendment widened the FCA liability …

How Mda Advocacy Saves You Money – And More, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The editorial emphasizes the value of the Michigan Dental Association’s (MDA) advocacy efforts in improving the dental practice environment and saving dentists money. Key initiatives include a bill ensuring dentists receive full payment without fees, laws regulating network leasing, and the elimination of a state tax on dental prosthetics. The MDA also helped expedite dental office reopenings during COVID-19 and ensured dental professionals were prioritized for vaccinations. Additional efforts include regulating mobile dental operations and updating regulations around sharps container replacement. The editorial encourages support for MDA advocacy through engagement and donations to the MDA Dental PAC.

Dentistry And The Law: Update On The Ftc’S Rule Banning Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission's (FTC) Final Rule to ban most employee non-compete agreements, originally set to take effect on September 4, 2024, has been delayed due to ongoing litigation. Court decisions in Pennsylvania and Texas have resulted in conflicting rulings regarding the FTC's authority to enforce such a ban. A Pennsylvania district court upheld the FTC's power to regulate non-compete agreements, while a Texas court ruled against it, declaring the ban arbitrary and capricious. No appeals have been filed yet, and the issue remains unresolved, with potential appellate court decisions and the results of the presidential election likely influencing the …

Mda Foundation: The Mda Foundation’S Access To Care Grants Are On The Rise, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation has increased its grant awards by 13.5% this year, providing $117,500 to 12 organizations focused on improving access to dental care. Notable recipients include the Gary Burnstein Clinic, awarded a second Diversity and Inclusion grant, and three new organizations: the Shelter Association of Washtenaw, Trinity Community Care, and the Grand Rapids Children’s Museum. Several returning grantees, including Malta Clinic and VINA Clinic, saw increased funding to continue offering free or reduced-cost dental services. Despite slight reductions for a few organizations, the overall grant program expanded, with the Foundation’s total awards increasing by 7.3%. The Foundation continues to …

Hidden Until The End: The Need To Inform Medicaid Enrollees Of Estate Recovery Costs Before Their Death, Ashley Bassel Griffith

Law Faculty Scholarship

This Article examines the Medicaid estate recovery program and argues that its current notice framework fails to provide meaningful disclosure to Medicaid enrollees regarding the financial consequences of long-term services and supports (LTSS) coverage. Although Medicaid insures approximately one in five individuals in the United States, it uniquely requires certain beneficiaries—primarily individuals age fifty-five or older receiving LTSS—to repay covered costs from their estates after death. Federal law mandates recovery but does not require states to inform applicants or enrollees of anticipated or accrued estate recovery costs during their lifetimes. As a result, families frequently receive notice of substantial recovery …

A Survivor's Survival Kit: How To Be Best Prepared For The Unexpected Death Of A Practice Owner, Ted Schumann Ii Mba, Msf, Cfp, Aif

The Journal of the Michigan Dental Association

The article emphasizes the importance of estate and succession planning for dental practice owners, drawing from the author's personal experience following the death of their father, a business owner. Key considerations include whether to sell or close the practice, appointing a person to manage operations after the owner's death, and maintaining the value of the practice during the transition. The article also addresses legal issues such as probate, ensuring patient care continuity, and providing a "Survivor's Survival Kit" with instructions for heirs and staff. Proper planning can reduce the burden on surviving family members and protect the practice's value.

J Mich Dent Assoc October 2024

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 October issue's key content includes:

• Clinical Feature on Endodontics and Vital Pulp Therapy
• Practice Management Feature with Tips on Surviving the Death of a Partner
• An update on Advocacy

Labeling Energy Drinks: Tackling A Monster Of A Problem, Meredith P. Mulhern, Michael S. Sinha

All Faculty Scholarship

Energy drinks first rose to popularity in the 1980s. Red Bull energy drinks were the first of its kind, opening the door to a new consumer and regulatory landscape. Since Red Bull first launched, multiple companies have released countless new energy drink products. Some energy drinks, like Red Bull, contain less than 100 mg of caffeine per 8 oz can. However, other energy drinks contain much higher amounts of caffeine. A 12 oz can of Celsius contains 200 mg of caffeine, and up until recently, Celsius offered a product called Celsius Heat, a 12 oz can containing 300 mg of …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

Prescribed Child Abuse? Using The Americans With Disabilities Act To Deconstruct Discrimination Against Medication For Opioid Use Disorder In Child Abuse & Neglect Proceedings, Makenzie Stuard

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

The opioid crisis has disrupted parent-child relationships across the United States. While states actively seek to remove children from households with current drug use in order to protect the children, state entities often fail to protect the parent-child relationship itself by imposing counterproductive policies and stereotypes on parents who are in treatment for their drug use, which makes maintaining "recovery" and parental rights an uphill battle. This note argues that the Americans with Disabilities Act (ADA) provides a novel path to root out discrimination in child abuse and neglect proceedings against parents who either take prescribed buprenorphine or are interested …

Barriers To Health Care Among Adults With Disabilities In Connecticut, Mary Beth Bruder Phd, Tara M. Lutz Phd, Kelly E. Ferreira Phd

Developmental Disabilities Network Journal

It is estimated that 25% of adults in the US are living with one or more disabilities. Persons with disabilities (PWD) have unmet health care needs, experience health disparities compared to those without disabilities. Barriers to quality health care include structural barriers such as access to transportation, physical access to facilities, and lack of accessible medical equipment. Other barriers include the knowledge, skills, beliefs, and attitudes of health care providers to meet the needs of PWD. To examine the barriers to health care experienced by adults with disabilities in Connecticut, the University of Connecticut Center for Excellence in Developmental Disabilities …