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Emerging Legal Threats to the Public's Health

Published online by Cambridge University Press:  01 January 2021

Abstract

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Type
Columns: Public Health and the Law
Copyright
Copyright © American Society of Law, Medicine and Ethics 2018

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References

Fielder, M., “Like the AHCA, the Senate’s Health Care Bill Could Weaken ACA Protections Against Catastrophic Costs,” Brookings, June 23, 2017, available at <https://www.brookings.edu/blog/up-front/2017/06/23/like-the-ahca-the-senates-health-care-bill-could-weaken-aca-protections-against-catastrophic-costs/> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Institute of Medicine of the National Academies, “Essential Health Benefits Balancing Coverage and Cost,” Report Brief, October 2011, available at <https://www.nap.edu/resource/13234/essentialhealthbenefitsreportbrief.pdf> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Gruber, J., “Economic and Political Considerations in Setting Essential Health Benefits,” January 2011, available at <http://www.nationalacademies.org/hmd/~/media/978139DD5A6E4C0BB36BC6E72D2A659B.ashx> (last visited March 2, 2018).+(last+visited+March+2,+2018).>Google Scholar
America’s Health Insurance Plans, “The Essential Benefits Package Must Balance Affordability and Coverage for Small Businesses, Individuals, and Families,” Issue Brief, January 2013, available at <https://www.ahip.org/wp-content/uploads/2016/03/Essential-Benefits-Package_R9_2014-update-1.pdf> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
American Health Care Act of 2017, H.R. 1628, 115th Cong. (2017).Google Scholar
Better Care Reconciliation Act of 2017, H.R. 1628, 115th Cong. (2017).Google Scholar
Discussion Draft Amendment to H.R. 1628, 115th Cong. (2017).Google Scholar
Belluz, J., “The Republican Attack on ‘Essential Health Benefits,’ Explained,” Vox, May 4, 2017, available at <https://www.vox.com/2017/3/23/15031322/the-fight-over-essential-health-benefits-explained> (last visited March 2, 2018).+(last+visited+March+2,+2018).>Google Scholar
Jost, T., “The Tax Bill and the Individual Mandate: What Happened, and What Does It Mean?” Health Affairs Blog, December 20, 2017, available at <https://www.healthaffairs.org/do/10.1377/hblog20171220.323429/full/> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
H.R. 1, 115th Cong. (2017).Google Scholar
Congressional Budget Office, Repealing the Individual Health Insurance Mandate: An Updated Estimate (November 2017).Google Scholar
Albeson, R., “Without Obamacare Mandate, ‘You Open the Flood-gates’ for Skimpy Health Plans,” New York Times, November 30, 2017, available at <https://www.nytimes.com/2017/11/30/health/health-insurance-obamacare-mandate.html> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
American Job Protection Act, S.B. 1750, 115th Cong. (2017).Google Scholar
Letter Approving Arizona’s Request to Extend Medicaid, from Centers for Medicare & Medicaid Services to Tom Bettlach, Director, Arizona Health Care Cost Containment System (September 30, 2016).Google Scholar
Letter Re: Opportunities to Promote Work and Community Engagement Among Medicaid Beneficiaries, from Brian Neale, Director, CMS, to State Medicaid Directors, January 11, 2018.Google Scholar
Haefner, M., “5 States Seek Waiver to Impose Lifetime Medicaid Coverage Limits: 6 Things to Know,” Becker’s Hospital Review, February 7, 2018, available at <https://www.beckershospitalreview.com/payer-issues/5-states-seek-waiver-to-impose-lifetime-medicaid-coverage-limits-3-things-to-know.html> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Musumeci, M., Garfield, R., and Rudowitz, R., “Medicaid and Work Requirements: New Guidance, State Waiver Details and Key Issues,” Kaiser Family Foundation, January 16, 2018, available at <https://www.kff.org/medicaid/issue-brief/medicaid-and-work-requirements-new-guidance-state-waiver-details-and-key-issues/?utm_campaign> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Roubein, R., “HHS Chief: No Decision Yet on Lifetime Limits for Medicaid,” The Hill, February 15, 2018, available at <http://thehill.com/policy/healthcare/374113-hhs-chief-no-decision-yet-on-lifetime-limits-for-medicaid> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Musumeci, M., Garfield, R., and Rudowitz, R., “Medicaid and Work Requirements: New Guidance, State Waiver Details and Key Issues,” Kaiser Family Foundation, January 16, 2018, available at <https://www.kff.org/medicaid/issue-brief/medicaid-and-work-requirements-new-guidance-state-waiver-details-and-key-issues/?utm_campaign> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Protecting Statutory Conscience Rights in Heath Care; Delegations of Authority, 83 Fed. Reg. 3880 (proposed January 26, 2018) (to be codified at 45 CFR pt. 88).Google Scholar
H.R. 1308, 103rd Cong. (1993).Google Scholar
Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014).Google Scholar
Eilperin, J. and Cha, A., “New HHS Civil Rights Division to Shield Health Workers with Moral or Religious Objections,” The Washington Post, January 17, 2018, available at <https://www.washing-tonpost.com/national/health-science/trump-administration-creating-civil-rights-division-to-shield-health-workers-with-moral-or-religious-objections/2018/01/17/5663d1c0-fbe2-11e7-8f66-2df0b94bb98a_story.html?utm_term=.356af75c1eb5> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
U.S. Dept. of Health and Human Services, Press Release, HHS Announces New Conscience and Religious Freedom Division (January 18, 2018).Google Scholar
Religious Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act, Interim Final Rule, 82 Fed. Reg. 47792 (October 13, 2017) (to be codified at 45 CFR pt. 147).Google Scholar
Letter Rescinding SMD #16-0005 Clarifying “Free Choice of Provider” Requirement, from Brian Neale, Director, CMCS & Alec Alexander, Director, CPI, to State Medicaid Directors (January 19, 2018).Google Scholar
Stanger-Hall, K. and Hall, D., “Abstinence-Only Education and Teen Pregnancy Rates: Why We Need Comprehensive Sex Education in the U.S.,” PLoS One 6, no. 10 (2011), available at <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3194801/> (last visited March 1, 2018).Google Scholar
Memorandum for United States Attorneys: Marijuana Enforcement, from Office of the Attorney General Jeffrey B. Sessions, January 4, 2018.Google Scholar
Memorandum for United States Attorneys: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use, from Office of the Deputy Attorney General James M. Cole, June 29, 2011.Google Scholar
National Academies of Sciences, Engineering, and Medicine, The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research (Washington DC: The National Academies Press, 2017).Google Scholar
Powell, D., Pacula, R. Liccardo, and Jacobson, M., “Do Medical Marijuana Laws Reduce Addictions and Deaths Related to Pain Killers?” Journal of Health Economics 58 (2018): 29-42, available at <https://www.rand.org/pubs/external_publications/EP67480.html> (last visited March 2, 2018).CrossRefGoogle Scholar
Hedegaard, H., Warner, M., and Miniño, A., “Drug Overdose Deaths in the United States, 1999—2016,” NCHS Data Brief No. 294, December 2017, available at <https://www.cdc.gov/nchs/data/databriefs/db294.pdf> (last visited March 2, 2018).+(last+visited+March+2,+2018).>Google Scholar
Hodge, J. Jr. et al., Shifting Legal Paradigms in the Regulation of Medical Marijuana, JURIST – Academic Commentary, February 17, 2018, available at <http://www.jurist.org/forum/2018/02/Hodge-Piatt-Wetter-Hess-Medical-Marijuana.php> (last visited March 2, 2018).+(last+visited+March+2,+2018).>Google Scholar
Bauchner, H. et al., “Death by Gun Violence – A Public Health Crisis,” The JAMA Network 318, no. 18 (2017: 1763-1764), available at <https://jamanetwork.com/journals/jama/fullarticle//2657417> (last visited March 1, 2018).Google Scholar
Ducharme, J., “The Florida School Shooting Was One of Several This Year. And It’s Only February,” TIME, February 15, 2018, available at <http://time.com/5159039/florida-school-shooting-parkland/> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Implementation of the NICS Improvement Amendments Act of 2007 Final Rule, 81 Fed. Reg. 91702 (December 19, 2016) (to be codified at 20 CFR pt. 421).Google Scholar
H.J. Res. 40, 115th Cong. (2017).Google Scholar
Hartmann, M., “How Republicans Have Been Making Gun Laws Worse Under Trump,” New York Magazine, February 15, 2018, available at <http://nymag.com/daily/intelligencer/2018/02/every-attempt-to-change-gun-laws-under-trump.html> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Fix NICS Act of 2017, S.B. 2135, 115th Cong. (2017).Google Scholar
Healthy, Hunger-Free Kids Act of 2010, S.B. 3307, 111th Cong. (2010).Google Scholar
Johnson, D. et al., “Effect of the Healthy Hunger-Free Kids Act on the Nutritional Quality of Meals Selected by Students and School Lunch Participation Rates,” JAMA Pediatrics 170, no. 1 (2016), available at <https://jamanet-work.com/journals/jamapediatrics/fullarticle/2478057> (last visited March 1, 2018).Google Scholar
Gortmaker, S. et al., “Three Interventions That Reduce Childhood Obesity Are Projected to Save More Than They Cost to Implement,” Health Affairs 34, no. 11 (2015): 1932-1939, available at <https://www.healthaffairs.org/doi/pdf/10.1377/hlthaff.2015.0631> (last visited March 1, 2018).Google Scholar
Cowan, R. and Cornwell, S., “Senate Rejects Immigration Bills, Leaves Dreamers in Limbo,” Reuters, February 15, 2018, available at <https://www.reuters.com/article/us-usa-immigration/senate-rejects-immigration-bills-leaves-dreamers-in-limbo-idUSKCN1FZ1XF> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Artiga, S. and Ubri, P., “Living in an Immigrant Family in America: How Fear and Toxic Stress are Affective Daily Life, Well-Being, & Health,” Kaiser Family Foundation, December 2017, available at <https://www.blueshieldcafoundation.org/sites/default/files/covers/Issue-Brief-Living-in-an-Immigrant-Family-in-America.pdf> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Fleming, P. and Lopez, W., “Ending DACA Has Created A Looming Public Health Crisis,” HuffPost, February 18, 2018, available at <https://www.huffingtonpost.com/entry/opinion-fleming-lopez-daca-health_us_5a846724e4b0774f31d156bb> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Nelson, L., “Trump to Dems: No DACA Deal Without the Border Wall,” Politico, December 29, 2017, available at <https://www.politico.com/story/2017/12/29/trump-dreamers-daca-deal-border-wall-319627> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Greenhouse, L., “Will the Supreme Court Become Trump’s Enabler?,” New York Times, February 15, 2018, available at <https://www.nytimes.com/2018/02/15/opinion/supreme-court-trump-enabler.html> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
Memorandum, U.S. Environmental Protection Agency, Potential to Emit for MACT Standards – Guidance on Timing Issues (May 16, 1995).Google Scholar
U.S. Environmental Protection Agency, Reducing Emissions of Hazardous Air Pollutants, available at <https://www.epa.gov/haps/reducing-emissions-hazardous-air-pollutants#stat> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar
U.S. Environmental Protection Agency, Press Release, Reducing Regulatory Burdens: EPA Withdraws “Once on Always In” Policy for Major Sources under Clean Air Act (January 25, 2018).Google Scholar
Goldman, G., “New EPA Guidance Stands to Increase Hazardous Air Pollutants in Environmental Justice Communities,” Union of Concerned Scientists Blog, January 29, 2018, available at <https://blog.ucsusa.org/gretchen-goldman/new-epa-guidance-stands-to-increase-hazardous-air-pollutants-in-environmental-justice-communities> (last visited March 1, 2018).+(last+visited+March+1,+2018).>Google Scholar