The Overestimated Risks of Bringing Medical–Legal Partnerships to Schools

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Notes

1 Nat’l. Ctr. For Med.-Legal P’ship, Home Page, https://medical-legalpartnership.org (last visited October 25, 2020) (reporting the latest data on recognized medical legal partnerships).

2 See Elizabeth Tobin-Tyler & Benjamin Ahmad, Marrying Value-Based Payment and the Social Determinants of Health through Medicaid and ACOs: Implications for Policy and Practice, Milbank Memorial Fund 5 (2020), https://www.milbank.org/publications/marrying-value-based-payment-and-the-social-determinants-of-health-through-medicaid-acos-implications-for-policy-and-practice/; Jessica Mantel, Tackling the Social Determinants of Health, 33 Ga. St. U.L. Rev. 217, 238 (2017).

3 Paula Braveman et al., The Social Determinants of Health: Coming of Age, 32 Ann. Rev. Public Health 381-98 (2011).

4 See Texas’ School-to-Prison Pipeline, Tex. Appleseed (2010), http://www.njjn.org/uploads/digital-library/Texas-School-Prison-Pipeline-School-Expulsion_Texas-Appleseed_Apr2010.pdf (presenting extensive empirical data on the correlation between school discipline and future incarceration); Elizabeth S. Barnett et al., How Does Incarcerating Young People Affect Their Adult Health Outcomes?, 139 Pediatrics 7 (February 2017) (concluding the presentation of a study on the relationship between youth incarceration and poor adult health, the researchers urged pediatricians to “increase efforts to (1) prevent youth incarceration by addressing key behavioral and social determinants of health and (2) mitigate potential downstream health effects of youth incarceration”); Am. Acad. Pediatrics Comm. on Adolescence, Health Care for Youth in the Juvenile Justice System, 128 Pediatrics 1219, 1232-33 (2011), https://pediatrics.aappublications.org/content/pediatrics/128/6/1219.full.pdf (encouraging pediatricians to take action to prevent youth incarceration).

5 The research questions for this project flowed from conversations with practitioners at the few operational and aspiring SBMLPS.

6 Tiffany C. Penner, School-Based Medical-Legal Partnerships: Risks & Rewards, 59 Hous. L. Rev. 479, 496 (2021).

7 20 U.S.C. § 1232g(a)(4).

8 20 U.S.C. § 1232g(b)(2); 34 C.F.R. § 99.30.

9 Letter to Anonymous, 107 LRP 48036 (FPCO 2007). But see Lynn M. Daggett, Book ’Em?: Navigating Student Privacy, Disability, and Civil Rights and School Safety in the Context of School-Police Cooperation, 45 Urb. Law. 203, 213 n.63 (2013).

10 45 C.F.R. § 160.103

11 See Nat’l Ctr. for Med.-Legal P’ship. & School-Based Health Alliance, Fact Sheet: School-Based Health & Medical Legal Partnerships (2018), https://medical-legalpartnership.org/wp-content/uploads/2018/08/School-Based-Health-and-Medical-Legal-Partnership-1.pdf.

12 45 C.F.R. § 164.506.

13 See Jane Hyatt Thorpe et al., Information Sharing in Medical-Legal Partnerships: Foundational Concepts and Resources, 1 Med.-Legal P’ship. Fundamentals 6 (2017), https://medical-legalpartnership.org/wp-content/uploads/2017/07/Information-Sharing-in-MLPs.pdf.

15 45 C.F.R. § 164.508(c)(1); see also Marcia M. Boumil et al., Multidisciplinary Representation of Patients: The Potential for Ethical Issues and Professional Duty Conflicts in the Medical-Legal Partnership Model, 13 J. Health Care L. & Pol’y 107, 135 n.178 (2010).

15 It should be noted, however, that practitioners should also be cognizant of state privacy laws, which are often more restrictive.

16 Model Rules of Pro. Conduct r. 5.4 (Am. Bar Ass’n 2020).

17 ABA Resolution in Support of Medical-Legal Partnerships, ABA Health L. Section (2007), https://www.americanbar.org/content/dam/aba/administrative/probono_public_service/as/120a.pdf.

18 Gerald Knapton, Finding a Path Forward to Regulate the Legal Industry, Law 360 (October 22, 2020), https://www.law360.com/newyork/articles/1316389/finding-a-path-forward-to-regulate-the-legal-industry (reporting on Arizona’s recent abolishment of Rule 5.4 and the experimental removal of the Rule 5.4 restriction in Oregon, Utah, and California).

19 See Interview with Yael Cannon, Director, Health Justice Alliance Law Clinic in Washington, DC (September 11, 2020); Interview with Martha Glynn, Site Medical Director, Erie School Based Health, Erie Family Health Centers in Chicago, IL (September 23, 2020).