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Monitoring Mental Health: Legal and Ethical Considerations of Using Artificial Intelligence in Psychiatric Wards - ADDENDUM
Am J Law Med. 2024 Apr 18:1. doi: 10.1017/amj.2024.11. Online ahead of print.NO ABSTRACTPMID:38634338 | DOI:10.1017/amj.2024.11 (Source: American Journal of Law and Medicine)
Source: American Journal of Law and Medicine - April 18, 2024 Category: Medical Law Authors: Barry Solaiman Abeer Malik Suhaila Ghuloum Source Type: research

The Need for Transparency in Medicaid Managed Care: Section 1115 Waiver Requirements as a Blueprint
Am J Law Med. 2023 Dec;49(4):457-470. doi: 10.1017/amj.2024.3. Epub 2024 Apr 2.ABSTRACTMedicaid plays a significant role in the health care space, providing insurance coverage to nearly one quarter of the U.S. population. In recent years, managed care organizations have taken on an increasingly prominent role in the Medicaid space, and in many instances have become the sole insurance option for Medicaid recipients. The scale and method of implementation for managed care programs has varied widely from state to state. This Note discusses the many methods by which a state can enact managed care within its Medicaid program, a...
Source: American Journal of Law and Medicine - April 2, 2024 Category: Medical Law Authors: Nicole Doherty Source Type: research

Read It Three Times, Then Read It Again: How Nursing Homes Use "Responsible Party" Clauses in Admission Agreements to Charge Relatives for Their Loved Ones' Care
Am J Law Med. 2023 Dec;49(4):511-524. doi: 10.1017/amj.2024.6. Epub 2024 Apr 2.ABSTRACTThis Note explores an alarming, decades-old trend that has received renewed attention from enforcement agencies and the media: nursing homes suing family members and friends ("relatives") for residents' unpaid bills. As justification, nursing homes point to "responsible party" clauses within admission agreements signed by relatives during the admission process. Undeterred by the 1987 Federal Nursing Home Reform Act's (FNHRA) prohibition on requiring relatives to act as financial guarantors in exchange for residents' admission, nursing ho...
Source: American Journal of Law and Medicine - April 2, 2024 Category: Medical Law Authors: Jason J Perez Benavides Source Type: research

Abortion Access for Women in Custody in the Wake of < em > Dobbs v. Jackson Women's Health < /em >
Am J Law Med. 2023 Dec;49(4):471-492. doi: 10.1017/amj.2024.4. Epub 2024 Apr 2.ABSTRACTThe United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization made it drastically harder for women to access abortions. The Dobbs decision has had a disproportionate impact on women who are incarcerated or on some form of community supervision such as probation or parole. This Note analyzes a potential right to an abortion for women involved in the criminal justice system, even those living in states that have banned or deeply restricted abortion access after the Dobbs decision. In doing so, this Note looks f...
Source: American Journal of Law and Medicine - April 2, 2024 Category: Medical Law Authors: Allison Herr Source Type: research

Who Is a Health Care Provider?: Statutory Interpretation as a Middle-Ground Approach to Medical Malpractice Damage Caps
Am J Law Med. 2023 Dec;49(4):493-510. doi: 10.1017/amj.2024.5. Epub 2024 Apr 2.ABSTRACTDebates over the effectiveness, constitutionality, and fairness of medical malpractice damage caps are as old as the laws themselves. Though some courts have struck down damage caps under state constitutional provisions, the vast majority hesitate to invalidate malpractice reform legislation. Instead, statutory interpretation offers a non-constitutional method of challenging the broad scope of damage caps without fully invalidating legislative efforts to curtail "excessive" malpractice liability. This Note examines the term "health care ...
Source: American Journal of Law and Medicine - April 2, 2024 Category: Medical Law Authors: Isaac Margolis Source Type: research

Speech and Suicide-The Line of Legality
Am J Law Med. 2023 Dec;49(4):436-456. doi: 10.1017/amj.2024.2. Epub 2024 Apr 2.ABSTRACTWhile physician-assisted suicide legislation is being drafted and passed across the United States, a gray-area continues to exist in regard to the legality of a lay person's assistance with suicide. Several high-profile cases have been covered in the media, namely that of Michelle Carter in Massachusetts and William Melchert-Dinkel in Minnesota, but there is also a growing volume of anonymous pro-suicide materials online. Pro-suicide groups fly under the radar and claim to help those desiring to take their own lives. This paper aims to i...
Source: American Journal of Law and Medicine - April 2, 2024 Category: Medical Law Authors: Justine L Newman Source Type: research

How The "Great Resignation" and COVID Unemployment Have Eroded the Employer Sponsored Insurance Model and Access to Healthcare
Am J Law Med. 2023 Dec;49(4):415-435. doi: 10.1017/amj.2024.1. Epub 2024 Apr 2.ABSTRACTPre-pandemic, employer-sponsored health insurance (ESI) covered 175 million workers and their dependents, the equivalent of 49% of the country's total population. ESI, a valuable tax preference to employer and employee alike, spurred worker job dependence on employers resulting in access to healthcare dependent upon continued employment. With the advent of the pandemic and the dramatic increase in unemployment, the number of uninsured increased by more than 2.7 million people. Then, unemployment proliferated further by an unprecedented e...
Source: American Journal of Law and Medicine - April 2, 2024 Category: Medical Law Authors: Miriam F Weismann Source Type: research