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  1. Understanding that discrimination plays a role both historically and contemporaneously in the determinants of health, the public health community has often considered the role of civil rights law as one tool to help move toward the goal of health equity. 18 Civil rights law today is based upon an amalgamation of federal, state, and local laws ...

    • Dawn Pepin, Samantha Bent Weber
    • 2019
  2. For example, the Employee Retirement Income Security Act of 1974 (ERISA) generally preempts state laws related to employer-sponsored health plans. Below is a selection of Supreme Court cases involving health care, arranged from newest to oldest.

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    • Judge says AMA is right: Title X gag rule violates medical ethics. “This is madness,” wrote U.S. District Judge Michael McShane in Portland, Oregon, in a scathing rebuke of the Trump administration’s new Title X regulations that includes a gag rule dictating what physicians must and must not say to their patients in the Title X program about family planning.
    • Court blocks law that would force physicians to mislead patients. A federal district court in North Dakota sided with the AMA and others and issued a preliminary injunction to block enforcement of a state law that would force physicians to violate the AMA Code of Medical Ethics and act as mouthpieces for a politically motivated message that is misleading and could harm patients.
    • New Jersey court weighs whether non-patient can sue physician. The family of a New Jersey woman who died after a car-bicycle crash involving a psychiatrist’s patient wanted the right to sue the doctor who prescribed medication to the car’s driver.
    • Physicians increasingly face “hybrid” medical liability claims. California physicians are increasingly facing “hybrid” lawsuits alleging professional negligence as well as medical battery from plaintiffs who want to avoid the state’s long-standing $250,000 limit on what juries can award for noneconomic damages in medical liability cases.
    • Full Disclosure—Surprise Billing and Hospital Price Transparency in 2022
    • Provider M&A Faces New Antitrust Headwinds
    • Pandemic-Related Enforcement and Oversight
    • Health Care Workforce Employment Law Issues to Watch in 2022
    • The Health Care Workforce Idea
    • Securing The Supply Chain For Health Care Providers
    • Behavioral Health Transactions Outlook For 2022
    • Towards A Common Definition For Value-Based Arrangements
    • Covid Is A Catalyst For App Expansion

    Lisa A. Lucido and Benjamin C. Fee, Hall Render Killian Heath & Lyman PC +Listen to Episode 1 In an effort to promote greater transparency for consumers in health care, Congress, the Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS), and several states have implemented laws and regulations related to ...

    Lisl Dunlop, Axinn Veltrop & Harkrider LLP +Listen to Episode 2 The change in administration has brought a more aggressive approach to antitrust enforcement with a sharp focus on the health care industry. In July 2021, President Biden issued a sweeping Executive Order on Promoting Competition in the American Economy reasserting the administration’s...

    Jody Rudman, Husch Blackwell LLP +Listen to Episode 3 The COVID-19 pandemic ushered in an unprecedented array of measures to provide relief, assistance, and monetary protections for Americans, businesses, and health care systems and providers, among others. The Coronavirus, Aid, Relief, and Economic Security Act (CARES Act), signed into law on Marc...

    Shalyn Smith McKitt, Balch & Bingham LLP +Listen to Episode 4 We thought 2020 was unprecedented, but health care employers were faced with new challenges in employment law as the world adapted to COVID-19 in 2021. And 2022 won’t be any different. The introduction of vaccines in 2021 led to workforce dilemmas and the shift to the new “normal” called...

    Tiffany Buckley-Norwood, Trinity Health +Listen to Episode 6 Diversity and inclusion in the health care workplace carries several benefits, such as higher employee morale, better recruitment and retention, more creative problem solving through varied perspectives, and better care for the community.15The following are three areas to watch. Defining ...

    Michael Herald, Guardian Healthcare, and Sarah Swank, Nixon Peabody LLP +Listen to Episode 7 In the early days of the pandemic, many health care providers, their workers, and patients experienced first-hand the impact of supply chain disruption. Supplies such as masks, gloves, and gowns used to keep workers safe were in limited supply. In some part...

    Purvi Maniar, Norton Rose Fulbright US LLP +Listen to Episode 8 A Pandemic Within a Pandemic. Already one of the most active sectors in health care mergers and acquisitions for a number of years, behavioral health was propelled to the forefront by the challenge to our collective mental health and wellbeing posed by COVID-19. During the pandemic, ab...

    Tiana Korley, University of Michigan Office of the General Counsel +Listen to Episode 9 A survey of the general public revealed that among the small number of respondents who had heard of the phrase “value-based care,” there were widespread differences in their understanding of the phrase’s meaning.26Many health care industry stakeholders likely fi...

    Robin Locke Nagele, Post & Schell PC +Listen to Episode 10 In the coming year, we expect that Advance Practice Professionals (APPs) will continue to see significant opportunity for expansion as to their scope of their services and their level of independence in the clinical and the business end of providing services. COVID has taught that “the assu...

  4. Dec 7, 2018 · There were five cases that stood out as examples of both the scope of the Litigation Center’s docket and the gravity of the issues for which they advocate on behalf of physicians and their patients. Medical ethics and freedom of speech were the key issues in National Institute of Family and Life Advocates v.

  5. Pervasive Inequality in the Health Care System Sustains Discrimination and Poor Health Outcomes Civil Rights. Our lawyers and policy analysts stand up for the civil rights of the millions of people who struggle to access affordable, quality health care.

  6. Top Ten 2024: Antitrust Trends and Forecast for the Health Care Industry. +Listen to Episode 3. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) continue to increase antitrust enforcement in the health care industry as part of their broader enforcement efforts.

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