Health Law and Policy Commons^™

Long-Term Care In The United States: History, Financing, And Directions For Reform, George A. (Sandy) Mackenzie

Upjohn Press

This book is a concise survey of the development of U.S. long-term care and its financing, with comparisons with other rich countries. It also includes a brief comparative account of the impact of the COVID-19 pandemic in the United States and several other countries. The study finds much that is amiss with American long-term care and proposes three sets of progressively more ambitious reforms.

Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker

Articles & Book Chapters

This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …

No Means No: A Constitutional Challenge To The Forced Blood Draw Provision Of Ohio’S Implied Consent Statute, Justin Hill

Ohio Northern University Law Review

No abstract provided.

Is Information Property? Distinctive Genetic Information Has Ananswer, Kumiko Kitaoka

Ohio Northern University Law Review

No abstract provided.

Big Waiver Under Statutory Sabotage, Elizabeth Y. Mccuskey

Ohio Northern University Law Review

No abstract provided.

Open-Source Clinical Machine Learning Models: Critical Appraisal Of Feasibility, Advantages, And Challenges, Keerthi B. Harish, W. Nicholson Price Ii, Yindalon Aphinyanaphongs

Articles

Machine learning applications promise to augment clinical capabilities and at least 64 models have already been approved by the US Food and Drug Administration. These tools are developed, shared, and used in an environment in which regulations and market forces remain immature. An important consideration when evaluating this environment is the introduction of open-source solutions in which innovations are freely shared; such solutions have long been a facet of digital culture. We discuss the feasibility and implications of open-source machine learning in a health care infrastructure built upon proprietary information. The decreased cost of development as compared to drugs and …

Remedying The Immortal: The Doctrine Of Accession And Patented Human Cell Lines, Julia E. Fissore-O'Leary

Notre Dame Law Review

Importantly, though this Note employs Henrietta Lacks as the illustrative, paradigmatic case for the theory of accession it proposes, accession can be, and should be, broadly construed to apply to all like-situated patients. Part I of this Note briefly explains the timeless human-body-as-property debate. Next, Part II addresses the concept of accession—its theoretical underpinnings, definitions, and amenability to this and other lawsuits. Part III applies accession to HeLa and develops a methodology for calculating damages in this unique setting. This Note does not pretend to present a perfectly wrought formula. Instead, it offers several possibilities for determining compensation. Finally, …

Abortion, Pregnancy Loss, & Subjective Fetal Personhood, Greer Donley, Jill Wieber Lens

Vanderbilt Law Review

Long-standing dogma dictates that recognizing pregnancy loss threatens abortion rights-—acknowledging that miscarriage and stillbirthinvolve the loss of something valuable, the theory goes, creates a slippery slope to fetal personhood. For decades, antiabortion advocates have capitalized on this tension and weaponized the grief that can accompany pregnancy loss in their efforts to legislate fetal personhood and end abortion rights. In response, abortion rights advocates have at times fought legislative efforts to support those experiencing pregnancy loss and, more recently, remained silent, alienating those who suffer a miscarriage or stillbirth.

This Article argues that this perceived tension can be reconciled through the …

Choosing Your Next Educational Adventure: Postgraduate Programs And Creating Your Path, Partha Mukherji Dds

The Journal of the Michigan Dental Association

This article discusses the importance of choosing the right educational path after dental school, including post-graduate programs and self-directed learning. The author reflects on their experience in opting for a General Practice Residency (GPR) program and the advantages it offered regarding skill development and career advancement. The article emphasizes the value of lifelong learning, mentorship, and the variety of continuing education options available to dentists. It encourages new dentists to take charge of their professional development and create their unique educational track.

Dentistry And The Law: Ex-Employees Who Solicit Patients Using Stolen Information, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column discusses actions to take with a former employee who solicits patients. In cases where former employees solicit patients using stolen patient information, dental practices can take legal action. Employment agreements and employee handbooks should include confidentiality clauses. Breach of these clauses allows for lawsuits, seeking damages for business loss. Additional claims like tortious interference, unfair competition, and misappropriation may also apply. Michigan's Uniform Trade Secrets Act can provide injunctive relief and damages if the patient information is deemed a "trade secret." Seeking legal advice from an experienced attorney is essential.

J Mich Dent Assoc November 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

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

• A cover story on choosing an educational path for professional enrichment
• A feature story on how a Michigan manufacturer closed during the pandemic repurposes their operations to produce essential PPE, becoming a COVID Hero for Michigan dentists.
• A feature article on how the MDA provides CE for members to comply with Licensure mandates.
• Feature information on practice management …

Staff Matters: When Do Comments About Age Become Discriminatory?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Age-related comments in the workplace can lead to discrimination and legal consequences. The federal Age Discrimination in Employment Act (ADEA) protects employees aged 40 or older, while Michigan law extends protection to all ages. Harassment based on age can create a hostile work environment and result in lawsuits. Employers should address such issues, educate employees about discrimination and bias, and promote a culture that values diversity.

How To Budget Better For Dental Supplies, Theodore C. Schumann Ii Mba, Msf, Cfp, Aif

The Journal of the Michigan Dental Association

Managing costs effectively is essential for dental practices in an era of rising inflation. One area where overspending can occur is clinical supplies. Over time, complacency among practice owners or staff in charge of ordering supplies can lead to repeated, uninformed purchases. Setting a budget and utilizing technology for supply-sourcing decisions can help control costs. Group purchasing organizations like The Dentists Supply Company (TDSC) can offer significant savings compared to traditional dental distributors. Additionally, practice owners need to strike a balance between bargain shopping for supplies and productive dentistry. Using inferior, cheaper products can lead to complications and costly rework, …

10-Minute Ebd: Is Oil-Pulling Useful In Treating Periodontal Disease?, Heather Willey Rda

The Journal of the Michigan Dental Association

The 10-Minute Evidence-Based Dentistry Column illustrates how to implement the evidence-based dentistry search process to quickly identify and apply the best literature to answer a clinical question. Through critical appraisal, the author of this article answers the clinical question: Is Oil-Pulling Useful in Treating Periodontal Disease? Examining the potential utility of oil-pulling as a treatment for periodontal disease and comparing it to conventional periodontal therapies. The study conducted an evidence-based search using various databases and keywords related to oil-pulling, periodontal disease, and oral health. The results revealed that oil-pulling is not a substitute for standard oral hygiene practices, and insufficient …

Be Bullish About Dentistry — Stop Doom Scrolling!, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

This editorial encourages readers to stop focusing on negative news feeds and provides a positive outlook on the profession of dentistry, emphasizing the potential for growth and improvement. It highlights the impact of emerging technology, increased public awareness of oral health, and the enthusiasm of new professionals. The author also stresses the need for continuous adaptation and collaboration within the dental community.

Covid-19 Heroes: From Skis To Face Shields, Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

Shaggy's Skis in Boyne City, Michigan, repurposed its ski manufacturing operations to create essential personal protective equipment (PPE) for healthcare workers during the COVID-19 pandemic. After their Facebook post asking how they could aid pandemic efforts, McLaren Hospital approached them with a request to manufacture protective face shields. Shaggy's responded by producing over 150,000 disposable shields for McLaren Health System hospitals, keeping their team employed during the shutdown. They also created shields for dental professionals, accommodating optical loops and light. The company's history of repurposing operations and Jeff Thompson's mechanical engineering background helped them adapt to manufacturing PPE. This effort …

How The Mda Meets Your Need For Quality, Affordable Ce, Kevin Sloan Dds, Ms

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) is a prominent provider of continuing dental education (CE) in Michigan. This article includes a guide to State of Michigan Dental Licensure CE requirements and the mandated distribution of subject topics. To aid members in complying with these requirements, the MDA offers diverse educational sessions, live webinars, in-person seminars, and on-demand webinars tailored for dental professionals, including dentists, hygienists, assistants, and office staff. The MDA's CE program is shaped by its Committee on Continuing Education, comprised of diverse member dentists. The MDA collaborates with various committees, organizations, and dental societies to curate a comprehensive lineup …

Brief Of Amici Curiae In Support Of Applicant' Application To Vacate The Injunction In Biden V. Nebraska, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici curiae are law professors at law schools around the nation. They respectfully move for leave to file the enclosed brief in support of Applicants' application to vacate the injunction entered by the United States Court of Appeals for the Eighth Circuit pending appeal of the preliminary injunction issued by the United States District Court for the Eastern District of Missouri, including leave to file without ten days' notice to the parties, as ordinarily required by this Court's Rule 37.2(a), and leave to file in 8½-by-11-inch format, as provided in Rule 33.2.

Sunshine Laws Behind The Clouds: Limited Transparency In A Time Of National Emergency, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The COVID-19 pandemic dramatically changed the way citizens lived their lives, businesses operated, and governments functioned. With most people forced to stay home, the pandemic also disrupted how people received their news and other essential information. Public records and public meetings had to adapt to face the growing challenges in a locked-down world. While some governmental bodies were able to keep up with the threat that COVID-19 posed against transparency, others either failed to acclimate to the new normal or actively took advantage of the circumstances to limit how much the public knew not only about the crisis, but about …

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Jacqueline Fox

West Virginia Law Review

No abstract provided.