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Federalizing Public Health

Bill of Health

By Elizabeth Weeks The most promising path forward in public health is to continue recognizing federal authority and responsibility in this space. Historically, public health law primacy resides with states via their core, Tenth Amendment reserved police powers to address residents’ health, safety, and welfare.

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The End of Public Health? It’s Not Dead Yet

Bill of Health

By Nicole Huberfeld Once again, health law has become a vehicle for constitutional change , with courts hollowing federal and state public health authority while also generating new challenges. In administrative law disputes, a critical aspect of public health law, clear statement rules enforce separation of powers.

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Merck Price Negotiation Lawsuit May Face Same Obstacles as 340B Takings Claims

Bill of Health

By Laura Dolbow Merck recently filed a lawsuit that challenges the constitutionality of the Medicare price negotiation program created by the Inflation Reduction Act. Merck argues that this form of price regulation charts a “ radical new course ” for Medicare that violates the Takings Clause of the Fifth Amendment.

Medicare 190
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Prison Health Care is Broken Under the Medicaid Inmate Exclusion Policy

Bill of Health

In other words, both convicted individuals and those still presumed innocent are stripped of their access to the federal health insurance program for low-income individuals. Gamble (1976), affirmed that incarcerated individuals have the constitutional right to health care. The Supreme Court’s ruling in Estelle v.

Medicaid 293
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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. What States Are Doing Now.

Medicaid 144
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Food is Medicine Approaches to Address Diet-Related Health Conditions

Bill of Health

It will also be essential to develop strategies to minimize barriers, such as health insurance and access to the health care system. Some states have implemented initiatives to integrate Food is Medicine into Medicaid , which can be valuable to expand access to broader groups of the population.

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Addressing Ghost Networks in Mental Health Care

Bill of Health

.: not accepting new patients, retired, moved away, or no longer accepting the particular type of insurance). To assess the prevalence of ghost networks, Senate Finance Committee staffers conducted a secret shopper study of 120 mental health provider listings across 12 Medicare Advantage plans.