Health Law and Policy Commons^™

Mda Services: Five Tips To Recruit, Retain Good Employees, Reva Darling

The Journal of the Michigan Dental Association

In a competitive labor market, retaining and recruiting dental staff is challenging. Key strategies include offering health insurance, pre-tax benefit options, and retirement plans, which attract long-term employees. Providing vision insurance and discounts on auto and home insurance can further enhance employee satisfaction. Updating pay scales and utilizing temporary services like Stynt can also aid in filling staff positions.

Staff Matters: Supporting Working Parents As A Recruitment And Retention Strategy, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Supporting employees who are parents is essential. Harvard data shows 73% of employees have caregiving responsibilities, highlighting the need for proactive strategies. First, communicate with employees to understand their needs for flexibility. Consider offering flexible schedules, part-time roles, and on-call staff to manage absences. Partnering with local childcare providers for sick coverage and allowing children at work occasionally can also help. Clear communication and defined parameters for flexibility are crucial. Implementing these strategies can build a supportive culture, enhancing employee retention and commitment.

The States' Hodgepodge Of Physician Licensure Regulations, Tara Sklar, Christopher Robertson

Faculty Scholarship

The end of the federal COVID-19 public health emergency (PHE) on May 11, 2023, marked a pivotal shift in the landscape of telehealth regulation in the US. Kwan, Jolin, and Shachar analyze the implications of this transition by exposing inconsistencies in access to care. We agree that we now face a “convoluted patchwork of permanent and temporary changes to telehealth law and policy.”

Enforcing Intentional Motherhood: The Harrowing Consequences Arising From The Inconsistency Of Statutes Regarding Surrogacy, And How The Enforcement Of Surrogacy Contracts Is The Answer, Meena Hatab

Global Business Law Review

This Note discusses how the practice of commercial surrogacy is treated across the United States. Most notably, how the courts treat surrogacy contracts from state to state. A summary of how Canada views the practice of surrogacy will provide a general view into how the view of the practice is different across borders. It will be discovered that, while there is a federal law governing surrogacy in Canada, there is no federal law in either country that enforce surrogacy contracts or treat surrogacy contracts as valid contract between two adult parties. This is due to the preconceived notions of what …

Medical Aid In Dying (Maid): A Comparative Analysis Of Domestic And International Approaches To This Controversial Subject, Shaini Gofman

Global Business Law Review

This Note analyzes the Medical Aid in Dying (MAID) structures in various countries involving their eligibility criteria, application, and potential consequences. Section II analyzes MAID in the United States. Part A discusses the background and evolution of MAID laws in the United States on both a federal and state level. Part B is a multi-part analysis of the suggested expanded definition of terminal illness. Argument 1 evaluates the concept of the value of and respect for life; this is a threshold matter which will be the basis for the central arguments in this Note. Argument 2 explores the relationship between …

Cutting The Corporate Puppet Strings Off Your Physician’S Hands: How Approval Requirements For Material Health Care Transactions Will Improve Patient Outcomes, Jacqueline Grundfast

Brooklyn Journal of Corporate, Financial & Commercial Law

Health care expenditures have grown substantially in recent years, captivating the attention—and investments—of private equity firms. While funding appears attractive to health care institutions, the conflicting priorities of hospitals and firms regarding patient outcomes and monetary gain lead to detrimental impacts on the quality, access, and cost of patient care. These effects highlight the current deficit of federal and state regulation targeting private equity involvement in health care. Recently, states have responded to this absence of legislation by enacting or proposing new laws to govern material health care transactions. In May 2023, New York followed the trend, ratifying Article 45-A …

Societal Implications Of The Dobbs V Jackson Women's Health Organization Decision, Ellen Wright Clayton, Claire D. Brindis Dr., Ph.D., Melissa H. Laitner, Ph.D., Susan C. Scrimshaw, Ph.D., Barbara J. Grosz, Ph.D., Lisa A. Simpson, Md.

Vanderbilt Law School Faculty Publications

On June 24, 2022, the US Supreme Court's decision in Dobbs v Jackson Women's Health Organization marked the removal of the constitutional right to abortion in the USA, introducing a complex ethical and legal landscape for patients and providers. This shift has had immediate health and equity repercussions, but it is also crucial to examine the broader impacts on states, health-care systems, and society as a whole. Restrictions on abortion access extend beyond immediate reproductive care concerns, necessitating a comprehensive understanding of the ruling's consequences across micro and macro levels. To mitigate potential harm, it is imperative to establish a …

Liability For Use Of Artificial Intelligence In Medicine, Nicholson W. Price Ii, Sara Gerke, I. Glenn Cohen

Book Chapters

While artificial intelligence (AI) has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving healthcare providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability. At the outset, we note a few issues that shape our analysis.

Inpatient Care: Why Ai Must Be Kept Out Of Hospitals, Tawfik Abedali

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, Michael Anderson, Adrian Towse, Kevin Outterson, Elias Mossialos

Faculty Scholarship

In June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and …

A Model For Understanding Cedaw’S Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens

Cleveland State Law Review

This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply-rooted cultural norms perpetuating gender inequality, on hindering CEDAW’s ratification in the United States, as well as CEDAW’s effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations (“NGOs”) in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as gender …

High And Low: Abortion In The Press In The Late Nineteenth Century And Early Twentieth Century, Lawrence M. Friedman, Hutchinson Fann

Cleveland State Law Review

This Article analyzes the newspaper coverage of abortion in the late nineteenth century and early twentieth century. While coverage of abortion was spotty before the Civil War, we find that a great many articles on abortion appeared after 1850 and for the rest of the century. But by the early twentieth century, although abortion remained a common practice, newspaper coverage of the issue shrank almost to nothing. We examine why this rise and fall in abortion coverage occurred, and what these changes in press coverage tell us about the role of abortion in politics and culture.

The Health And Human Rights Impact Assessment: The Preeminent Value Of Equity, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The Health and Human Rights Journal launched 30 years ago at the dawn of the era of health and human rights. Health and human rights were more often viewed as being in tension than in harmony, and there was little guidance on the right to health itself. With the unabashed discrimination against people living with HIV/AIDS in the name of public health at the forefront of our minds, Jonathan Mann and one of us (LOG) sought to provide practical guidance on when and how human rights could be limited in the name of public health, developing the first health and …

Caught In The Middle: Providing Obstetric Care When Pregnant Women Have Complications, Ellen Clayton, Luke Gatta

Utah Law Review

Physicians in abortion-restrictive states who care for pregnant women who become ill are facing new challenges as they try to meet their patients’ needs while avoiding criminal prosecution on the one hand or civil litigation if there is a bad outcome, especially when care is affected by the threat of vague statutes, on the other. All these legal actions will occur in the public eye. Unfortunately, the proposed changes to HIPAA do not protect against criminal prosecution when the medical exception for the woman’s health is at issue.

Two changes are needed. The first is amending the state statutes to …

Examining The Constitutionality Of Legislative Medical Care Bans For Transgender Youth, John Mejia

Utah Law Review

As should be abundantly clear by this Article, the stakes of bans on genderaffirming health care for transgender adolescents are existential. The recent flood of state-law bans is a low point in the ongoing fight to ensure that all people truly enjoy the liberties and protections guaranteed by our state and federal constitutions. Stories like Utah’s are more likely the rule, not the exception. Legislatures around the country are rushing to push through this legislation as quickly as possible, seemingly to catch their opponents off guard. The overwhelming majority of federal district courts to consider these laws find them repulsive …

Mind The Gap: Toussaint And The Reception Of International Human Rights Law In Canada, Karinne Lantz

Articles, Book Chapters, & Popular Press

This article explores the reception of international human rights law (“IHRL”) in Canada and the enforcement gap that may arise when legislation is not passed expressly implementing human rights treaties that Canada has ratified. Despite establishing a variety of interpretive methods that may result in Canada’s binding IHRL obligations having domestic effect even when they are not expressly implemented, Canadian courts have struggled to provide clear and consistent guidance on how IHRL applies in Canada. The selective approach in Canada to implementing legislatively IHRL obligations may give rise to an enforcement gap when rights individuals purportedly enjoy under international law …

Panel Presentation, The Criminalization Of Trans Lives And Health Care: Provider And Patient Perspective, Dana N. Johns

Utah Law Review

Bans on gender affirming care are going to take a group of individuals who, as a whole, are already marginalized and already at risk. And then within that group, it’s going to segregate them even more because you’re going to have the people who can do that. You’re going to the families who can take their kids eight hours to another state. Then you’re going to the family that can’t because they can’t pay out of pocket, or they can’t take off work or they can’t make it to a state where their child can get care. These laws will …

Outgoing Mda President Knudsen: ‘I Strongly Believe In The Mda!’, Eric Knudsen Dds

The Journal of the Michigan Dental Association

In his outgoing address, MDA President Knudsen expressed excitement about the association’s future and highlighted key achievements and challenges. He thanked his wife, staff, and interim executive director Bill Sullivan for their support, particularly after the sudden passing of Karen Burgess. Knudsen emphasized initiatives to improve rural dental care, restructure the finance department, and address insurance reimbursement issues. He praised the MDA’s advocacy efforts, including expanding Medicaid and legislative accomplishments. Knudsen concluded by welcoming new executive director John Tramontana and expressing confidence in MDA's continued success.

Internet Drug Prohibition And The Opioid Overdose Crisis, Benjamin A. Barsky

Washington Law Review

The Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act) prohibits controlled substance tele-prescribing when it occurs without a preliminary in-person medical evaluation. This Article details the Ryan Haight Act’s consequences for the practice of telemedicine in general and opioid addiction treatment in particular. In doing so, it builds on literature exploring the tension between the federal criminal regulation of controlled substance prescribing and the management of large-scale public health crises, particularly the opioid overdose crisis.

By restricting the tele-prescription of certain controlled substances used for opioid addiction treatment, the Ryan Haight Act limits access to care for a …

What You Should Know About Medicare (And How To Avoid Potential Medicare Traps), Rick Seely

The Journal of the Michigan Dental Association

Navigating Medicare is complex due to its numerous parts, rules, and potential penalties. For those turning 65, enrolling in Medicare can be daunting and mistakes can be costly. Working with a certified Medicare broker is recommended to ensure proper and timely enrollment. The article emphasizes understanding when to enroll, which parts of Medicare to choose based on individual circumstances, and common misconceptions. It also highlights the importance of supplemental coverage and the differences between Original Medicare and Medicare Advantage plans. MDA members have access to resources and brokers to aid in this transition.