Health Law and Policy Commons^™

Locating Liability For Medical Ai, W. Nicholson Price Ii, I. Glenn Cohen

Articles

When medical AI systems fail, who should be responsible, and how? We argue that various features of medical AI complicate the application of existing tort doctrines and render them ineffective at creating incentives for the safe and effective use of medical AI. In addition to complexity and opacity, the problem of contextual bias, where medical AI systems vary substantially in performance from place to place, hampers traditional doctrines. We suggest instead the application of enterprise liability to hospitals—making them broadly liable for negligent injuries occurring within the hospital system—with an important caveat: hospitals must have access to the information needed …

Operationalizing Power In Health Law: The Hospital Abolition Hypothesis, Matthew B. Lawrence

Faculty Articles

This symposium Article describes how prison abolitionist arguments also support the hypothesis that a defining goal of health law should be the abolition of hospitals. Like prison abolitionism, the hospital abolition hypothesis can provide a constructive way to shift the focus of legal analysis from substantive dimensions (in health law — cost, quality, access, and equity) to the dimension of power.

Rethinking Health Law Architecture, Ani B. Satz

Faculty Articles

Neither the individualistic regulatory health paradigm nor the vulnerable populations approach of public health can provide the legal structure necessary to address the most pressing problems in health care today. These approaches fail to address conflicts between individuals and populations as well as challenges to qualifying for care and are in inherent conflict with each other, sometimes within the same statute. As health concerns become more global, it is necessary to move past a vulnerable populations approach to a broader population approach that respects individual choice but does not sacrifice community health for liberty interests.

Silver Diamine Fluoride As A Caries Management Option For The Young Child, Giovana Anovazzi Medeiros Dds, Msc, Phd, Chia-En Tsai Dds, Ms, Nita Singh Dds, James R. Boynton Dds, Ms

The Journal of the Michigan Dental Association

Dental caries is among the most-common childhood diseases around the world, and neglected caries can result in pain, infection, and can have a negative cascading impact on a child’s overall well-being. Definitive care of these lesions involves restorative procedures and/or extractions, but these treatment options require some level of child cooperation, which can sometimes be a challenge with very young children.

Silver diamine fluoride (SDF) is a non-invasive treatment intended to arrest the caries process. SDF is a liquid solution that contains a high concentration of silver and fluoride ions and has been used as an alternative agent for treating …

Pediatric Dentists’ Considerations Concerning Obesity-Related Education For Parents Of Young Children: Who Should Educate About What, How And When?, Arianne Swanson Dds, Ms, James R. Boynton Dds, Ms, Larry B. Salzmann Dds, Yu-Ju Yang Dds, Marita R. Inglehart Dipl. Psych., Dr. Phil., Dr. Phil. Habil

The Journal of the Michigan Dental Association

This study aimed to explore pediatric dentists' perspectives on obesity-related interventions for parents of young children. A web-based survey was administered to 210 American Academy of Pediatric Dentistry members. Findings revealed that respondents considered it important for various healthcare professionals, especially pediatricians and nurse practitioners, to engage in obesity-related parent education. Strong consensus existed on educating parents about the link between early childhood caries and diet, soft drink and fruit juice consumption, and healthy snacking. The study also found positive attitudes correlated with increased engagement in objective weight determination, data collection, and diet/nutrition counseling.

Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd

The Journal of the Michigan Dental Association

The article discusses the rise of telehealth in the last three years and its implications for dentistry, focusing on recent rulemaking by the Michigan Board of Dentistry. The regulations address key aspects such as definitions, informed consent, scope of practice, and prescribing medications. Dentists must comply with HIPAA and state/federal privacy regulations when using telehealth. Notably, the rules restrict teledentistry delegation to allied personnel after an in-person visit within 24 months. The article emphasizes the importance of understanding and following these regulations for legal telehealth use, reimbursement, and malpractice coverage. The Michigan Dental Association advocates for sensible teledentistry laws to …

Mda Foundation: 2024 Promises Great Things From The Mda Foundation, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation is making significant strides in supporting dental and hygiene students and the community. In a recent announcement, 12 scholarships totaling $31,000 were awarded, thanks to donor generosity. The Foundation's upcoming Sparkling Smiles Celebration will provide an opportunity to meet scholarship recipients and acknowledge donors. The primary focus in June will be the Mission of Mercy event in Flint, aiming to offer essential dental care to up to 2,000 individuals. Volunteers are encouraged to participate, and financial support can be pledged online. Ongoing efforts include fundraising for the Karen Burgess Scholarship Endowment and the upcoming MDA Foundation golf …

Sharing Pathogen Sequence Data For Global Scientific Research Under The Nagoya Protocol To The Convention On Biological Diversity, Jerome H. Reichman, Carolina Dos S. Ribeiro, George B. Haringhuizen, Paul F. Uhlir

Faculty Scholarship

The Nagoya Protocol to the Convention on Biological Diversity (CBD) has threatened to impede access to genetic resources and related data for cross-border scientific research. In principle, every use of genetic resources would require a set of contracts under the CBD, in a “bilateral” regime. The related transaction costs could overwhelm many transnational research undertakings, affecting even public health responses to outbreaks and epidemics. However, the Nagoya Protocol also offers a unique opportunity to resolve this dilemma, despite struggles to define the meaning and coverage of “digital sequence information.” The coverage of genetic sequence data under the CBD remains controversial …

Health Consequences Of Racial Disparity In Access To Abortion: A Systematic Review, Lacy M. Frye, Calvin Odhiambo

University of South Carolina Upstate Student Research Journal

Prior to the 2022 Dobbs decision, Black women already experienced negative maternal health outcomes at an alarmingly disparate rate in comparison to White women. Given that the Dobbs decision emboldens state power to enforce abortion restrictions or protections, there has been significant strides made in both directions. Nonetheless, within states where reproductive rights have been significantly eroded, the heightened abortion restrictions may compound the limited access that Black women previously had before Dobbs. This, in turn will exacerbate the already disparate negative maternal outcomes that Black women experience. However, research on the relationship between the lack of access to abortion …

Upstream Lawyering: A Framework For Poverty Law, Kate Mitchell

Faculty Publications & Other Works

This Article introduces an upstream lawyering framework within the context of the history of poverty law and impact lawyering. While there have been several theories promoting systems change work, the upstream framework, stemming from public health theories and championed by medical-legal partnerships, offers a model for promoting and informing systemic policy. Using the public health concept of upstreaming, this Article explores lawyering practices that can be utilized to address the root causes of social and legal drivers of health inequity, poverty, and oppression. Part I of this Article provides a refreshed overview of the history of poverty law and civil …

The Future Of Health Care Conscience Law Post-Dobbs, Nadia N. Sawicki

Faculty Publications & Other Works

The Supreme Court's rejection of a constitutional right to choose abortion in Dobbs v. Jackson Women's Health Organization has prompted legislatures to make significant changes to state laws. Some states have criminalized abortion in most circumstances, while others have granted patients and health care providers broader rights to choose and access abortion. Another, perhaps less-recognized, avenue for legislative change is by amending existing state conscience laws. This Article describes the avenues state legislatures might take in using conscience laws to impact abortion access in accordance with the state's policy preferences.

The Criminalization Of Mental Illness And Substance Use Disorder: Addressing The Void Between The Healthcare And Criminal Justice Systems, Emily B. Egart

Mitchell Hamline Law Review

No abstract provided.

Minnesota's Criminalization Of Assisted Suicide: A Failure To Protect Minnesota Citizens' Right To Free Speech, Haley M. Bauman

Mitchell Hamline Law Review

No abstract provided.

Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho

Faculty Publications & Other Works

This Artie!£ argues that effective national security mandates protection against the spread of infectious diseases, which requires addressing intellectual property (IP) and technology obstacles. Without modification, IP laws can bar the manufacture of needed treatments by anyone besides the IP owner and its licensees. Although there was some recognition during the COVID-19 pandemic that existing IP laws should be modified, there was strong resistance not only by IP-owning companies, but also by individual countries that impeded the ability to manufac­ture needed vaccines during the height of the pandemic. Many global leaders have recognized that future pandemics are inevitabw and that …

Obesity Management Guideline For The Correctional Setting, Rumi Y. Sato

Doctor of Nursing Practice (DNP) Scholarly Projects - Archive

Obesity can cause multiple chronic conditions, including cancer and death. Los Angeles jail primary care clinics do not address obesity management despite health hazards, rising costs, and high obesity rates in correctional facilities. The Centers for Medicare and Medical Services (CMS) obesity-management guidelines are over ten years old and outdated. The aim of this Doctor of Nursing Practice (DNP) project was to update the CMS obesity-management guideline with the newest intense behavioral therapy (IBT) evidence to assist the correctional multidisciplinary healthcare team. This project took place in a Los Angeles correctional facility's primary care clinic. A detailed literature review gathered …

Facts On Trial: Alliance For Hippocratic Medicine V. Fda And The Battle Over Mailed Medication Abortion, Rachel Rebouché .

University of Colorado Law Review

No abstract provided.

Cognitive Content Moderation: Freedom Of Thought And The First Amendment Right To Receive Subconscious Information, Mason Marks

Scholarly Publications

In the television series Severance, employees of Lumon Industries receive brain implants that divide their memories of work and home life. When employees arrive at work, implants block access to memories of the outside world and unlock memories formed on the job. By manipulating the flow of information in employees' brains, Lumon engages in what this Article calls cognitive content moderation. Though Severance is science fiction, emerging technologies, including drugs and electronic devices, promote cognitive content moderation by influencing thought, memory, and perception. Constitutional law is unprepared. To clarify freedom of thought and make it more useful, this Article presents …

Marijuana And The Tyrannies Of Scheduling, Robert A. Mikos

Fordham Law Review

No abstract provided.

Expecting Medication Surveillance, Jennifer D. Oliva

Fordham Law Review

In response to federal financial incentives and mandates, all fifty states, the District of Columbia, and three U.S. territories administer electronic prescription drug monitoring programs (PDMPs). Federal and state policymakers justified the implementation and enhancement of ubiquitous prescription drug monitoring by contending that expansive state drug surveillance was a necessary weapon in the war against the American drug overdose crisis. As is often the case with tools designed for law enforcement surveillance, however, PDMPs have proven susceptible to mission creep. Although pioneer PDMPs were paper-based systems that limited their surveillance to a narrow class of heavily regulated controlled substances, modern …

The Next Frontier In Plan Fee Litigation: Health Plan Fees, Kathryn L. Moore

Law Faculty Books and Chapters

On September 11, 2006, Jerry Schlichter, a personal injury lawyer from Saint Louis, Missouri, filed some of the first lawsuits claiming that excessive fees in 401(k) plans violated ERISA’s fiduciary standards. Since then, hundreds of suits have been filed challenging retirement plan fees, and the Supreme Court has rendered two decisions in cases claiming that excessive 401(k) plan fees violated ERISA’s fiduciary standards. Since the Supreme Court issued the second decision in 2022, retirement plan excessive fee litigation may have begun to slow. There may, however, be a new frontier in plan fee litigation: health care plan fees.

This article …