{"title":"Power, Participation, and Protest in Flint, Michigan: Unpacking the Policy Paradox of Municipal Takeovers","authors":"Lance Gable","doi":"10.1080/01947648.2020.1826885","DOIUrl":"https://doi.org/10.1080/01947648.2020.1826885","url":null,"abstract":"The water contamination crisis that has affected residents of Flint, Michigan, over the past 5 years comprises one of the most devastating—and completely avoidable—public health catastrophes in rec...","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85415083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evolution of Federalism in Environmental Health: Federal, State, and Local Government Control.","authors":"Jennifer R Black, Matthew Penn, Laurel Berman","doi":"10.1080/01947648.2019.1696722","DOIUrl":"https://doi.org/10.1080/01947648.2019.1696722","url":null,"abstract":"<p><p>Environmental health sits at the intersection of public health and environmental protection. Governments often confront environmental health concerns through environmental laws. Authority to take actions like passing these laws is determined by federalism, which divides the authority to make laws and policies on various issues between those levels of government. However, tensions often arise when these levels of government attempt to share regulatory authority over environmental issues. Issues of federalism are especially prevalent in environmental health issues, where incidents not only cross state and local borders and affect different levels of government but may also involve both environmental and health agencies. This article describes the history of environmental federalism in the United States through the lens of public health, including how the regulatory structure transitioned from primarily state control to a more centralized federal system of governance. It also describes modern federalism in environmental health, the levels of government involved in environmental health decisions, and the legal authorities that allow these governments to regulate environmental health in the United States. Finally, this article describes the implications of federalism in environmental health.</p>","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01947648.2019.1696722","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38557376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Hospital Taxes, Medicaid Supplemental Payments, and State Budgets.","authors":"Jennifer L Herbst, Sara J O'Brien, Emily G Chumas","doi":"10.1080/01947648.2020.1822243","DOIUrl":"https://doi.org/10.1080/01947648.2020.1822243","url":null,"abstract":"<p><p>The federal Medicaid statute provides states an incentive to tax hospitals (even otherwise tax-exempt ones) as a means of raising revenue and then leverage federal matching funds by returning at least some of the tax back to the hospitals in the form of Medicaid supplemental payments. The potential for supplemental payments is attractive to hospitals, especially those struggling to recoup the costs of treating Medicaid and uninsured patients, and has resulted in political support from hospitals for states to create hospital \"taxes\" in name only-hospitals and states both end up with more money than they did when they started because of the federal match. When state officials begin to perceive, however, that nonprofit hospitals may be serving private rather than public interests, they are able to use these hospital taxes as a way to incrementally chip away at the historic governmental support provided through tax exemption by redirecting the revenue raised from the hospital tax to general fund purposes rather than Medicaid supplemental payments. This article looks at how states have been using hospital taxes and supplemental payments to balance state budgets and whether this practice is consistent with the Medicaid program objectives that make the taxes politically feasible.</p>","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01947648.2020.1822243","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38560458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Vicki W Girard, Eileen S Moore, Lisa P Kessler, Deborah Perry, Yael Cannon
{"title":"An Interprofessional Approach to Teaching Advocacy Skills: Lessons from an Academic Medical-Legal Partnership.","authors":"Vicki W Girard, Eileen S Moore, Lisa P Kessler, Deborah Perry, Yael Cannon","doi":"10.1080/01947648.2020.1819485","DOIUrl":"https://doi.org/10.1080/01947648.2020.1819485","url":null,"abstract":"<p><p>Medical students and educators recognize that preparing the next generation of health leaders to address seemingly intractable problems like health disparities should include advocacy training. Opportunities to acquire the knowledge and skills needed to effectively advocate at the policy level to promote systems-, community-, and population-level solutions are a critical component of such training. But formal advocacy training programs that develop and measure such skills are scarce. Even less common are interprofessional advocacy training programs that include legal and policy experts to help medical students learn such skills. This 2016-2017 pilot study started with a legislative advocacy training program for preclinical medical students that was designed to prepare them to meet with Capitol Hill representatives about a health justice issue. The pilot assessed the impact of adding an interprofessional education (IPE) dimension to the program, which in this case involved engaging law faculty and students to help the medical students understand and navigate the federal legislative process and prepare for their meetings. Results from the pilot suggest that adding law and policy experts to advocacy-focused training programs can improve medical students' advocacy knowledge and skills and increase their professional identity as advocates.</p>","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01947648.2020.1819485","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38557375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Danya E Keene, Sascha Murillo, Emily A Benfer, Alice Rosenthal, Ada M Fenick
{"title":"Reducing the Justice Gap and Improving Health through Medical-Legal Partnerships.","authors":"Danya E Keene, Sascha Murillo, Emily A Benfer, Alice Rosenthal, Ada M Fenick","doi":"10.1080/01947648.2020.1816233","DOIUrl":"https://doi.org/10.1080/01947648.2020.1816233","url":null,"abstract":"<p><p>A recent study by the Legal Services Corporation reported that 71% of low-income U.S. households experienced at least one civil legal problem in 2017 and that 86% of these needs went unresolved. In this article, we examine the potential for medical-legal partnerships (MLPs) to address this \"justice gap.\" We draw on qualitative interviews, conducted with 20 parents and guardians in one pediatric MLP, to identify barriers to legal access and examine how the MLP model may uniquely address these barriers. Our data suggest that MLPs can (1) identify legal needs and create awareness of legal rights among individuals who would not have sought legal services; (2) create an access point for legal services; (3) improve access to legal advice and brief intervention; (4) support ongoing relationships between patients and lawyers that allow for the timely identification of subsequent legal needs; (5) foster trust and confidence in the legal system; and (6) address affordability concerns. These findings suggest that by improving access to justice, MLPs can address critical social and legal determinants of health and, ultimately, advance health equity.</p>","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01947648.2020.1816233","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38560459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Thomas E Griner, Sheryl Strasser, Catherine B Kemp, Heather Zesiger
{"title":"State-by-State Examination of Overdose Medical Amnesty Laws.","authors":"Thomas E Griner, Sheryl Strasser, Catherine B Kemp, Heather Zesiger","doi":"10.1080/01947648.2020.1819484","DOIUrl":"https://doi.org/10.1080/01947648.2020.1819484","url":null,"abstract":"<p><strong>Introduction: </strong>Timely medical attention could decrease mortality following drug or alcohol overdose events, but overdose victims and witnesses often delay or fail to seek professional help because they fear police involvement. Statutes that provide immunity from criminal action can have an important impact on seeking timely treatment.</p><p><strong>Methods: </strong>We systematically collected and reviewed medical amnesty laws (MALs; commonly known as \"Good Samaritan laws\") that are designed to encourage bystanders and others to contact authorities for assistance during overdose emergencies. Each law was coded to analyze (1) who receives statutory protections and under what circumstances; (2) what factors undercut the credibility of statutory protections; and (3) whether statutory language is easily attainable and understandable.</p><p><strong>Results: </strong>Forty-seven states plus the District of Columbia have MALs, but provisions differ widely in their scope of protection. Some laws may be less effective than others in prompting calls for professional assistance because they either lack protections, allow overly broad discretion, or prove difficult to research.</p><p><strong>Conclusions: </strong>Some statutes may be ineffective in encouraging calls for professional assistance following overdose events. Narrow immunity provisions with complex language may not be easily understood by the general population.</p>","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01947648.2020.1819484","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38560461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Page Y Underwood, Kirk D Wyatt, Clara Greaney, Chris Derauf, Richard A Uribe, Joseph M Colaiano, Thomas R Hellmich
{"title":"Mobile Point-of-Care Medical Photography: Legal Considerations for Health Care Providers.","authors":"Page Y Underwood, Kirk D Wyatt, Clara Greaney, Chris Derauf, Richard A Uribe, Joseph M Colaiano, Thomas R Hellmich","doi":"10.1080/01947648.2020.1816234","DOIUrl":"https://doi.org/10.1080/01947648.2020.1816234","url":null,"abstract":"<p><p>Medical photographs have been used for decades to document clinical findings. The ease with which medical photographs can be captured and integrated into the electronic health record (EHR) has increased as digital cameras obviated the need for the film development process. Today, cameras integrated into smartphones allow for high-resolution images to be instantly uploaded and integrated into the EHR. With major EHR vendors offering mobile smartphone applications for the conduct of point-of-care medical photography, health care providers and institutions need to be aware of legal questions that arise in the conduct of medical photography. Namely, (1) what are the requirements for consent when taking medical photographs, and how may photographs be used after consent is obtained, (2) are medical photographs admissible as evidence in court, and (3) how should a provider respond to a request by a patient or parent requesting that a photograph be deleted from the medical record? Herein, we review relevant laws and legal cases in the context of accepted standards of medical practice pertaining to point-of-care medical photography. This review is intended to aid health care providers and institutions seeking to develop or revise policies regarding using a mobile application at their clinical practice.</p>","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01947648.2020.1816234","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38560457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dual Obligations of Military Healthcare Providers","authors":"Brittany Jaccaud, K. Zucker, Jason D. Unsworth","doi":"10.1080/01947648.2020.1715743","DOIUrl":"https://doi.org/10.1080/01947648.2020.1715743","url":null,"abstract":"","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83798557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Physician-Assisted Death in the United States – 2019","authors":"M. Boyle, K. Zucker","doi":"10.1080/01947648.2020.1715722","DOIUrl":"https://doi.org/10.1080/01947648.2020.1715722","url":null,"abstract":"As of January of 2019, eight US jurisdictions have approved physician-assisted suicide (Oregon, 2006; Washington, 2009; Montana, 2011; Vermont, 2013; Colorado and California, 2016; the District of ...","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79940041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Safe and Responsible Use of Marijuana in California","authors":"M. G. Harris, R. Bitonte","doi":"10.1080/01947648.2020.1715740","DOIUrl":"https://doi.org/10.1080/01947648.2020.1715740","url":null,"abstract":"Californians approved The Control, Regulate and Tax Adult Use of Marijuana Act Proposition 64 in November 2016, which legalized the recreational use of marijuana. Legal use began shortly after Janu...","PeriodicalId":44014,"journal":{"name":"Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83191546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}