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Reclaiming Salus Populi

Bill of Health

Introduction: The Threat to Public Health As we reach the COVID-19 pandemic’s third anniversary, the warning signs for the future of public health law are everywhere. We do not question the importance of emergency laws or the potential for legal innovations to improve health and equity. By Wendy E.

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Residential Care Facilities Must Comply with Recent MDHHS Emergency Order

Foster Swift

As noted in a prior blog post , the Michigan Supreme Court recently held that Governor Whitmer did not have authority after April 30, 2020 to issue or renew any executive orders related to the COVID-19 pandemic. Most of the same requirements will continue to apply to residential care facilities under the MDHHS Order.

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A Patient’s Right to Masked Health Care Providers

Bill of Health

An individual who is at higher risk of death or serious complications from COVID-19 may be an individual with a disability entitled to a reasonable modification. Moreover, health care settings are the very place patients go when they are sick.

ADA 190
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Churntables: A Look at the Record on Medicaid Redetermination Plans

Bill of Health

The COVID-19 Public Health Emergency (PHE) expires at the end of this week, with Department of Health and Human Services (HHS) Secretary Xavier Becerra expected to renew the PHE once more to extend through mid-July. By Cathy Zhang.

Medicaid 144
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Three Reactions to Braidwood v. Becerra

Bill of Health

Becerra is mostly read as a religious freedom case that pits the Religious Freedom Restoration Act (RFRA) against the promotion of public health goals, similar to what we saw in the last few years of legal challenges to COVID-19 mitigation measures.

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Health Provider News

Hall Render

NATIONAL AHA, others oppose PhRMA-led campaign to restrict 340B eligibility AHA case studies feature hospitals that integrate physical and behavioral health services As birth rates increase, OB-GYN shortage worsens Biden, divided Congress seek common ground on health care reforms CMS resumes all No Surprises Act payment determinations FTC highlights (..)

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Federalizing Public Health

Bill of Health

President Biden deployed a similar approach immediately following his inauguration to address the ongoing COVID-19 pandemic through an array of federal requirements. Historically, public health law primacy resides with states via their core, Tenth Amendment reserved police powers to address residents’ health, safety, and welfare.