Health Law and Policy Commons^™

Employer-Sponsored Reproduction, Valarie K. Blake, Elizabeth Y. Mccuskey

Scholarly Works

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive justice, revealing the impact that employers’ coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for health insurance. Laws regulating employer plans give employers exceptionally wide latitude to decide what reproductive care services to cover---including services like abortion, contraception, and infertility treatment. In their role as health care funders, employers pursue interests which often conflict with employees’ interests and the aims of reproductive justice: to enable autonomous decisions …

How Remote Support Technology Can Alleviate The Caregiver Shortage, Thomas Tarver

Marquette Benefits and Social Welfare Law Review

Since the COVID-19 pandemic, nearly every sector of the economy has struggled with workforce shortages, and one of the most severely impacted industries is the long-term care services industry. Indeed, this industry has historically been unable to attract and retain enough caregivers to meet the needs of its clients and the pandemic only exacerbated this problem. Those who rely on long-term care services are typically members of some of society’s most vulnerable populations such as frail elders and individuals with disabilities. Not having enough caregivers adversely affects these populations as care staff shortages are more likely to lead to abuse …

Governmental Affairs Update, Neema Katibai Jd

The Journal of the Michigan Dental Association

The article presents the American Dental Association's federal advocacy achievements during the first half of the 118th Congress. The ADA has made significant strides in influencing policy and regulations across various categories, including workforce issues, dental insurance reform, access to care, student loan debt, Medicaid, practice management, veterans' affairs, health information technology, and public health. Their efforts span from urging legislative action to collaborating with federal agencies and Congress members. These accomplishments showcase the ADA's commitment to advancing dental profession interests nationally.

Dentistry And The Law: Charges For Missed Appointments And Interest On Past-Due Accounts, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column explores the legal considerations surrounding charges for missed appointments and interest on past-due accounts in dental practices. Dan Schulte, JD, provides insights on implementing policies for collecting patient deposits for missed appointments and the legality of charging interest on overdue accounts. The article emphasizes the importance of complying with participation agreements, obtaining patient consent, and setting reasonable terms. Practical guidelines for policy implementation are provided, ensuring dental practitioners navigate legal complexities while managing practice finances effectively.

From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion

Washington Law Review

In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women’s Health Organization, holding that the U.S. Constitution does not protect an individual’s right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth in federal detention facilities. Post-Dobbs, the Office of Refugee Resettlement (ORR)—the agency responsible for caring for detained immigrant children—still protects abortion rights as part of its own internal policy. Without judicial precedent, however, this policy lacks the stability to truly protect the rights of the children in its …

Hurt, Hungry, And Handcuffed: How The Prison System Fails Pregnant Women And Their Newborns, Sarah B. Bondar

Marquette Benefits and Social Welfare Law Review

Over 200,000 women are incarcerated in the United States’ federal and state correctional institutions on any given day. In fact, more women are incarcerated now than ever before, and those rates of incarceration continue to grow at an exponential rate. Despite this large increase in the number of incarcerated women, jail policies, health-care protocols, and important interventions continue to focus primarily on incarcerated men and fail to consider the gender-specific needs of the increasing population of incarcerated females.

This comment discusses ways the United States prison system fails the pregnant women in their care. It discusses four main points including: …

Reducing Harm: The Legal Viability Of Supervised Consumption Sites In Georgia, Kathleen Kassa

Georgia State University Law Review

Every five minutes in the United States, someone dies from a drug overdose. This public health crisis, referred to as the opioid epidemic, caused the federal government and many states and localities to issue public health emergency declarations. Despite billions of dollars in funding and response at every level of government, overdoses continue to increase.

The complexity of addiction prevention and treatment, socioeconomic inequalities, and the stigmatization of drug use make the opioid crisis difficult to solve. The severity of the epidemic led many jurisdictions to adopt once-controversial harm reduction approaches aimed at reducing the stigma and negative impacts of …

Making "Medical": How Psychedelics Are Becoming Legal In Canada, Agnieszka Doll

Dalhousie Law Journal

As legal restrictions loosen, psychedelic-assisted therapies are advancing at an unprecedented pace and scope in Canada and the US. Presented as a miracle cure for post-traumatic stress, depression, and other psychological disorders, psychedelics are being touted to treat post-pandemic mental health crises. In this paper, drawing on Science and Technology Studies, I ethnographically trace the ongoing process and practices involved in transforming illegal psychedelics into a regulated medicine in Canada, paying particular attention to regulatory pathways and the development of networks involved in psychedelic advocacy. Using these pathways as a methodological “sampling device,” I map the main actors, their mutual …

Too Stubborn To Care For: The Impacts Of Discrimination On Patient Noncompliance, Alice Abrokwa

Vanderbilt Law Review

The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over time, but implicit racial bias in the healthcare context can be as deadly, particularly when it intersects with ableism and sexism. Researchers have found that medical providers are more likely to consider Black patients “noncompliant,” meaning the patient has not adhered to recommended treatment, even without evidence Black patients are less compliant than other patients. Being labeled noncompliant can have grave health consequences; providers are less likely to treat pain aggressively when they consider a patient noncompliant and, …

Washington’S Ride Program: A Model Providing Rural Practitioners, Mary K. Smith Dds, Mba

The Journal of the Michigan Dental Association

The University of Washington School of Dentistry Regional Initiatives in Dental Education (RIDE) program is an award-winning dental education model that trains dentists to practice in rural and underserved areas. Its first cohort of students graduated in 2012. To date, there have been 96 graduates. More than 80% of RIDE graduates in practice are in rural and underserved areas, including those seeking specialty training. RIDE is successful because it collaborates with multiple universities, community health centers, local dental associations, and community leaders in the area where the students are located.

Team Ce Will Make Your Practice Soar, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In "Team CE Will Make Your Practice Soar," Michelle C. Dziurgot, DDS, emphasizes the crucial role of education and support in dental practice success. Drawing on personal experiences, Dziurgot underscores the significance of ongoing learning for both new hires and existing team members. She highlights opportunities for continuing education, such as the Michigan Dental Association Annual Session, and encourages investment in training for the entire dental team. By providing education and support akin to her own upbringing, Dziurgot asserts that practices can thrive and overcome challenges, ultimately achieving greater heights of success.

Why I Chose To Practice In Rural Michigan, Lisenia M. Collazo Dmd, Mph

The Journal of the Michigan Dental Association

This article explores the motivations behind dentists choosing rural practice, focusing on personal experiences and factors influencing career decisions. The narrative outlines the author’s journey from Pennsylvania to the Upper Peninsula of Michigan, emphasizing a commitment to addressing oral health disparities in underserved communities. The discussion covers training experiences, financial considerations, community engagement, and the challenges of rural health care. The author also highlights the role of mentorship and advocates for building relationships with mentors in the profession, especially in rural settings. The essay underscores rural practice’s unique advantages, including professional growth, lower living costs, and a supportive community.

Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Addressing derogatory comments among staff members requires a systematic approach. Document the incident, meet individually with each employee, and assess their reactions. Responses may vary from denial to remorse. Tailor disciplinary action based on their accountability and alignment with office values. Consider potential legal ramifications and seek HR or legal guidance if needed. Regardless, swift action is essential to maintain a respectful workplace environment.

Special Insert: Guideline For Delegation Of Duties For Allied Dental Personnel In Michigan, David Foe Ma

The Journal of the Michigan Dental Association

Dental assistants, registered dental assistants, and registered dental hygienists have specific duties they can perform for patients as outlined by the Michigan Public Health Code and the Michigan Board of Dentistry General Rules. Permitted delegated services vary based on a team member’s level of training, licensure, and available supervision by a licensed dentist.

The Journal of Michigan Dental Association provides this pullout insert to guide the dental team. This easy-to-read chart quickly identifies recent changes to the duties each dental auxiliary can legally perform.

Policy Brief: Decreasing Unintended Pregnancy Rates In Mississippi, Jaycee S. Pilcher

Honors Theses

On June 24th, 2022, the U.S. Supreme Court’s decision to reverse Roe v. Wade marked a pivotal moment, eliminating the federal right to pregnancy termination. This thesis examines the challenges of restricted abortion access and emphasizes preventative strategies for unintended pregnancies. Analyzing both pre- and post-pregnancy interventions, such as enhanced sex education, hormonal contraceptives, insurance coverage, prescribers, and post-pregnancy policies, this thesis urges Mississippi residents and legislators to consider policy adjustments for reducing the occurrence of unintended pregnancies.

This research includes an analysis of literature, legislative records, and statistical data. It takes a comparative approach to evaluate the effectiveness of …

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A. Walsh, Kari A. Baldwin, Patricia King, Emily E. Anderson, Catherine V. Caldicott, Jeffrey D. Carter, Sandra H. Johnson, Katherine Matthews, William A. Norcross, Dana C. Shaffer, James M. Dubois

Articles

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Market Realities For Rural And Small-Town Practices, W. E. Rupprecht Dds

The Journal of the Michigan Dental Association

This article explores the challenges rural dental practitioners face in Michigan, highlighting the struggle to find successors for practice continuity and the impact on patient care. Examining sales data and demographic trends reveals disparities in successful practice transitions, emphasizing the difficulty in attracting buyers to rural areas. The reluctance of potential buyers, influenced by family and professional considerations, underscores the need for strategic solutions. Initiatives by the Michigan Dental Association and innovative approaches such as mentorship and financial incentives aim to address these challenges. The article concludes by urging practitioners to act as stewards and plan for successful transitions in …

Uda To Rda: A Pathway To Greater Success, Margaret Gingrich Dds

The Journal of the Michigan Dental Association

UDA to RDA: A Pathway to Greater Success" by Margaret Gingrich, DDS, explores the advantages of transitioning unlicensed dental auxiliaries (UDAs) to registered dental assistants (RDAs). The article emphasizes the benefits for both practitioners and staff, citing increased efficiency, improved patient care, and expanded practice capabilities. Dr. Gingrich shares personal experiences from her rural practice, highlighting the challenges of workforce shortages and the strategic adoption of RDAs to address these issues. She outlines a pathway for UDAs to attain RDA status through targeted training programs and contractual agreements, enhancing career satisfaction and practice productivity. The article underscores the importance of …

News You Need, David Foe Ma

The Journal of the Michigan Dental Association

The 2024 MDA Annual Session promises a range of valuable events and courses, including a free keynote by Joe Johnson, PhD, addressing career fulfillment. Additional highlights include the Gordon Christensen session, new dentist track, leadership courses, and an expansive exhibit hall. Meanwhile, the MDA House of Delegates Nominating Committee announced its candidate slate for the upcoming administrative year. The MDA also offers a free webinar on suicide prevention and celebrates communities awarded for water fluoridation quality. Additionally, ADA news covers a clinical guideline on managing dental pain, the ADA Academy's teaching program, and World Oral Health Day initiatives. Lastly, local …