Health Law and Policy Commons^™

Critical Perspectives To Advance Educational Equity And Health Justice, Yael Cannon, Nicole Tuchinda

Georgetown Law Faculty Publications and Other Works

A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice’s exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students with disabilities, and those with intersecting identities. Critical perspectives focus upon and strengthen the necessary exploration of how structural …

Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard

SLU Law Journal Online

In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.

Zooming In: Analyzing Annual Meeting Format Changes Amidst A Global Pandemic, Mark T. Wilhelm, Danielle Clifford

Washington and Lee Law Review Online

Beginning in March of 2020, public companies in the United States were forced to take unprecedented measures to observe corporate formalities while following the government-mandated health and safety measures resulting from the COVID-19 pandemic. Those measures made in-person activities and meetings either incredibly challenging or, in certain jurisdictions, illegal. Because “proxy season,” the time when public companies typically hold their annual meetings of stockholders, followed shortly after the mass implementation of COVID-19 lockdowns and quarantines, public companies that had historically held these meetings in-person were left scrambling to find an alternative means to meet. Nearly overnight, the pandemic caused an …

A Response To Rules Of Medical Necessity, Brendan S. Maher

Faculty Scholarship

Professors Monahan and Schwarcz’s recent Article in the Iowa Law Review, Rules of Medical Necessity, is a must-read for multiple audiences. In this short Response, I informally describe health insurance, and—using that perspective—describe and comment on why Rules of Medical Necessity is a piece of work that not only deserves attention from experts in the field, but is also one that casual readers should choose first when attempting to understand how health insurance works in theory and practice.

Advance Care Planning Is Critical To Overall Wellbeing, Barbara Zabawa

Faculty Works

Wellness is growing market in the United States. McKinsey and Company estimates the spend on wellness products and services to exceed $450 billion in the United States and to grow at more than five percent annually.1 Despite this impressive growth, wellness products and services are falling short of meeting many consumers’ wellness needs.2 Those who feel least satisfied with what wellness has to offer yearn for a more holistic approach to wellness, with a need for more products and services that address sleep and mindfulness concerns.3 Arguably at the heart of these more holistic approaches, particularly those …

J Mich Dent Assoc March 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members across the state. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on canceling provider agreements with dental plans.
• A clinical update on when and how to use Silver Diamine Fluoride to manage carious lesions
• News from Delta Dental on efforts to address access to care for disabled individuals through enhanced commercial dental benefits.
• The value of focused counsel from a …

Staff Matters: When Should We Use A Performance Improvement Plan?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article explores using Performance Improvement Plans (PIPs) to address employee issues. It defines what a PIP is and outlines its primary purpose: employee development and performance improvement. The article provides guidance on when to use a PIP, emphasizing its appropriateness for performance-related deficiencies that coaching hasn't resolved. It also highlights situations where a PIP may not be suitable, such as policy violations or severe misconduct. The key is to choose the right communication tool based on the specific circumstances and the potential for employee improvement.

Improving Access For Children And Adults With Disabilities Through Enhanced Commercial Benefits, Holli Seabury Edd, Jeff Johnston Dds, Ms

The Journal of the Michigan Dental Association

This article explores the critical issue of accessibility to oral healthcare for people with disabilities in the United States. Delta Dental of Michigan, Ohio, and Indiana has taken a step by providing enhanced commercial benefits to children and adults with disabilities. The article delves into the challenges faced by this vulnerable population, including cost barriers and transition issues, and discusses how expanded benefits and coding, along with special dental care provisions, aim to improve access. It emphasizes the importance of proper benefits verification and presents a case study illustrating the utilization of these benefits. The article highlights the need for …

Practice Management: Cpa Vs. Dental Cpa: What’S The Difference?, John Looby Cpa

The Journal of the Michigan Dental Association

This article underscores the advantages of working with a specialized dental Certified Public Accountant (CPA) over generalist CPAs or accountants for dental practitioners. A dental CPA offers deeper insights into practice management, tax planning, and financial strategies tailored to the dental industry. Dental CPAs provide valuable guidance on production, insurance, and cost management, helping dentists make informed decisions. They also prove invaluable during critical times, such as during the COVID-19 pandemic, and offer expertise in tax, retirement, and practice transition planning, ensuring optimal financial outcomes for dentists.

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Will The Government Rip Up Employment Contracts?, Christopher J. Smiley

The Journal of the Michigan Dental Association

This editorial discusses the Federal Trade Commission's proposed rule to eliminate non-compete agreements, tracing their historical origins to the apprentice system in Europe. The author explores dentists' perspectives on this potential change, considering the need for talent acquisition versus workforce preservation. The editorial highlights the FTC's rationale for banning non-compete contracts and their impact on employee wages and innovation. It also addresses issues of boilerplate contract language and excessive leverage in the dental profession. The proposed rule aims to create consistency across states while allowing non-competes in specific cases. Dentist employers are advised to review and revise their agreements in …

Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson

University of Miami Inter-American Law Review

The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …

Utah Pharmacists’ Qualitative Feedback Regarding Licensure Standards., Rebecca Howard

Annual Research Symposium

This project sought to understand current attitudes and perceptions of licensed pharmacists in the state of Utah to the existing occupational licensing standards which govern our profession. Qualitative feedback was gathered from Utah licensed pharmacists for a period of one month.

Pharmacy Law: Pharmacists Awareness Of Licensure Regulations, The Mpje And Nabp - A State-Wide Study, Andrew Holick

Annual Research Symposium

No abstract provided.

Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

The COVID-19 pandemic has exacerbated America’s pre-pandemic affordable housing crisis and millions of renters have paid the price. The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium in September of 2020 due to the ongoing COVID-19 pandemic. While the moratorium was originally intended to be temporary, the CDC under the Biden administration was forced to extend the moratorium in August of 2021 due to a lack of congressional action. The CDC is empowered by the Public Health Service Act to take actions necessary to prevent the spread of communicable diseases, and the ongoing COVID-19 pandemic constitutes …

Policies Regulating Gender In Schools: Companion To Identity By Committee (2022), Scott Skinner-Thompson

Research Data

This document, Policies Regulating Gender in Schools: Companion to Identity by Committee (2022), https://docs.google.com/spreadsheets/d/1K6iUkLnmDfaSVykyRaZ3Yqt7XNM9leGO-MQA6p2VbV4/edit?usp=Sharing, was published as an electronic supplement to the article, Scott Skinner-Thompson, Identity by Committee, 57 Harv. C.R.-C.L. L. Rev. 657 (2022), available at https://scholar.law.colorado.edu/faculty-articles/1586.

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Deferring Intellectual Property Rights In Pandemic Times, Peter K. Yu

Faculty Scholarship

This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than 30 provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and weaknesses. The Article then identifies the challenges surrounding the negotiation and implementation of the proposed waiver. It shows why these two sets of challenges were neither separate nor sequential, but deeply entangled at the time of the international negotiations.

To respond to these challenges and the negotiation …

Staff Matters: When Employee Behaviors Create A Toxic Work Culture, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This column addresses the challenge of resolving conflicts between employees with clashing personalities and behaviors. It emphasizes the importance of raising awareness, clarifying behavior expectations, and outlining consequences for inappropriate conduct. If conflicts persist despite efforts to address them, termination may become necessary to preserve a healthy workplace environment.