- Consolidating Pharmaceutical Regulation Down Under: Policy Options and Practical Realities - Boston Univ. School of Law Working Paper No. 06-36, University of Queensland Law Journal, Vol. 26, No. 1, p. 111, 2006
Frances H. Miller, Boston University School of Law
Date Posted: September 26, 2006
Last Revised:September 26, 2006
Accepted Paper Series
6 downloads - Navigating the Social Safety Net: A State-Level Analysis of the Relationships Between Medicaid, the Uninsured and Consumer Bankruptcy
Amy K. Yarbrough and Robert J. Landry III, College of Public Health and Health Professions, University of Florida and College of Commerce and Business Administration, Jacksonville State University
Date Posted: September 26, 2006
Last Revised:September 26, 2006
Working Paper Series
2 downloads - Doctors & Juries - U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-33
Philip G. Peters Jr., University of Missouri at Columbia - School of Law
Date Posted: September 20, 2006
Last Revised: September 27, 2006
Working Paper Series
39 downloads - Federalism, Federal Regulation, or Free Market? An Examination of Mandated Health Benefit Reform - U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-32, University of Illinois Law Review, 2007
Amy Monahan, University of Missouri at Columbia - School of Law
Date Posted: September 20, 2006
Last Revised: September 22, 2006
Accepted Paper Series
39 downloads - In Sickness, Health, and Cyberspace: Protecting the Security of Electronic Private Health Information - Case Legal Studies Research Paper No. 06-15
Sharona Hoffman and Andy Podgurski, Case Western Reserve University - School of Law and Case Western Reserve University
Date Posted: September 20, 2006
Last Revised: September 20, 2006
Working Paper Series
3 downloads - Oy Canada! Trade's Non-Solution to 'the Problem' of U.S. Drug Prices - U of Maryland Legal Studies Research Paper No. 2006-31, American Journal of Law & Medicine, Vol. 32, pp. 247-277, 2006
Daniel J. Gilman, University of Maryland - School of Law
Date Posted: September 13, 2006
Last Revised: September 26, 2006
Accepted Paper Series
11 downloads - Copayments in the German Health System - Do They Work? - RWI Discussion Paper No. 43
Boris Augurzky, Thomas K. Bauer and Sandra Schaffner, Rhine-Westphalia Institute for Economic Research (RWI-Essen) - General , Rhine-Westphalia Institute for Economic Research (RWI-Essen) and RWI Essen
Date Posted: September 8, 2006
Last Revised: September 8, 2006
Working Paper Series
21 downloads
Health care law (including regulatory and compliance issues, public health law, medical ethics, and life sciences), with digressions into constitutional law, statutory interpretation, poetry, and other things that matter
Tuesday, October 03, 2006
SSRN roundup: health law (September 2006 additions)
Monday, October 02, 2006
More on the Provena tax-exemption case
For an extremely helpful analysis of all the issues -- prepared by Linda Sauser Moroney, a partner in the Milwaukee office of Gardner Carton & Douglas, and her colleagues T.J. Sullivan and Karen McAfee (partner and counsel to the firm, respectively, in its Washington office) -- go here (pdf).
Sunday, October 01, 2006
GAO report on emergency medical services post-Katrina
Summary findings:
While New Orleans continues to face a range of health care challenges, hospital officials in the greater New Orleans area reported in April 2006 that a sufficient number of staffed inpatient beds existed for all services except for psychiatric care -- some psychiatric patients had to be transferred out of the area because of a lack of beds. Overall, as of April 2006, the greater New Orleans area had about 3.2 staffed beds per 1,000 population, compared with the national average of 2.8 staffed beds per 1,000 population reported by the American Hospital Association. Hospital officials told us that they planned to open an additional 674 staffed beds by the end of 2006 -- 390 of which would be at University Hospital -- although they also reported that recruiting, hiring, and retaining nurses and support staff was a great challenge. With the addition of these beds, the population would have to increase from 588,000 in April 2006 to 913,000 by December 2006 before staffed beds would drop to the national average. For all types of care, eight of the nine hospitals we contacted provided us with an estimated overall occupancy rate for the 9-month period following the hurricane (through April 2006) and for the 12-month period before the hurricane. The hospitals’ occupancy rates for the 9-month period after the hurricane ranged from 45 percent to 100 percent, or an average of 77 percent, compared with a range from 33 percent to 85 percent, or an average of 70 percent, for the 12-month period before the hurricane. The American Hospital Association reported that the average monthly hospital occupancy rate nationwide was 67 percent in 2004. Eight of the nine hospitals that remained open after Hurricane Katrina also reported a high demand for services in their emergency departments, similar to the nationwide trend reported by the Institute of Medicine in June 2006 that emergency department crowding is a nationwide problem.
Cancer treatment @ $4200 a pop: is it worth it?
What is wrong with this picture?The drug, Abraxane, does not help patients live longer than the older treatment, though it does shrink tumors in more patients, according to clinical trials. And the old and new medicines have similar side effects. An independent review of Abraxane published in December in a cancer research journal concluded that the drug was “old wine in a new bottle.”
Still, Dr. Soon-Shiong’s company, Abraxis BioScience, has promoted Abraxane as a major advance in treating late-stage breast cancer — that is, for patients who have not responded to other treatments and are now close to death —and is seeking approval for patients to use it earlier in their treatment. And, in at least one way, Abraxane is a breakthrough: it costs about 25 times as much as a generic version of the older medicine, which is best known by its brand name, Taxol.Because of the odd economics of the cancer drug market, though, Abraxane’s price does not seem to be hurting its popularity.
About 20,000 people have now been treated with the drug, and Dr. Soon-Shiong expects its sales to approach $200 million this year. By 2010, Abraxane’s annual sales could reach $1 billion, analysts say.
Those rosy forecasts illustrate the pricing power that makers of cancer drugs wield. With patients often facing grim prognoses and desperate for new therapies, and insurers relatively powerless to negotiate prices or deny coverage, the cost of treatments seems to have little impact on demand.
The rise in cancer-drug prices is a microcosm of broader trends pushing up health care costs nationally. Despite decades of efforts by governments and insurers to restrain costs, patients continue to want the newest — and most expensive — drugs and medical devices. And doctors and the health care industry have little reason to keep costs in check, because insurers rarely deny coverage for new treatments on the basis of price.
As a result, health care costs continue to skyrocket. On Tuesday, the Kaiser Family Foundation reported that the cost of employee health insurance coverage rose 8 percent, according to a survey conducted from January to May this year. Businesses now spend about $8,500 a year for health insurance for the average family, the foundation said, with employees adding $3,000, not counting the cost of deductibles and other out-of-pocket payments.]
Abraxane, and cancer drugs generally, are still a tiny part of total medical spending. But their costs are rising even faster than overall health care inflation. Worldwide, spending on cancer drugs is expected to more than double from 2004 to 2009, to $55 billion, with most of that in the United States.
Largely as a result of investor enthusiasm for Abraxane, the stock market value of Abraxis is $4.6 billion. The company, which also makes several generic drugs used in hospitals, had a profit of $86 million last year on sales of $519 million. Dr. Soon-Shiong, the company’s chairman, owns 84 percent of the stock, worth about $3.8 billion.
Friday, September 29, 2006
Ill. rules against Provena in property-tax case
Last month, the Chicago Tribune reported "the cost to the hospital has been nearly $5 million since it lost its tax-exempt status in January 2003. The hospital says the taxes have been a drain on its balance sheet. The hospital lost $7.9 million last year on $127.9 million in revenue and is projecting a loss again this year." Hospital losing money as tax-exempt appeal languishes, Chicago Tribune, Sept. 7, 2006.The director of the Illinois Department of Revenue [link] rejected an appeal by Provena Health, Mokena, Ill. [link], in a widely watched property-tax exemption case. [See previous posts here, here, and here.] In doing so, the director overruled an administrative law judge in the department who had sided with the not-for-profit system. Provena said it "will quickly and aggressively appeal" department director Brian Hamer's decision [news release]. At stake is some $1.5 million in annual property taxes, according to county tax officials. Provena has paid taxes on property in Urbana, Ill., including its 120-bed hospital there and medical-office buildings, since 2003, while the system appealed the state's initial denial of its request for a property-tax exemption. Rejecting the administrative law judge's ruling in favor of an exemption, Hamer said the property was not used exclusively for charitable purposes.
Latest from AHLA's Health Lawyers Weekly (29 Sep 2006)
Top Stories
- IOM Issues Recommendations For Improving FDA Post-Market Drug Surveillance -- The Food and Drug Administration’s (FDA's) ability to oversee the safety of prescription drugs after they hit the market is undermined by a number of systemic deficiencies--including chronic under funding, organizational problems, and inadequate data--that require far-reaching changes to address, according to a new report by the Institute of Medicine (IOM) of the National Academies. Full Story
- Health Insurance Premiums Rose More Than Twice As Fast As Inflation In 2006, Report Finds -- Premiums for employer-sponsored health insurance rose an average of 7.7% in 2006, more than twice as fast as workers' wages (3.8%) and overall inflation (3.5%), according to the 2006 Health Benefits Survey released September 26 by the Kaiser Family Foundation and the Health Research and Educational Trust (HRET). Full Story
Articles & Analyses
- CMS Announces Revisions To The Emergency Medical Treatment And Active Labor Act, By Adrienne Marting and Raquel Gayle, Powell Goldstein LLP
Current Topics
- DHHS
1. OIG Issues FY 2007 Work Plan
2. Leavitt Names Norwalk Acting CMS Administrator- Food and Drug Law
Homeland Security Conferees Agree To Limited Drug Importation Provision- Fraud and Abuse
1. OIG Approves Charitable Organization’s Proposed Grants To Financially Needy With Certain Diseases To Defray Costs Of Medicare Premiums
2. Update
3. U.S. Court In Pennsylvania Allows Qui Tam Case To Go Forward, Says Specifics Of False Claims Not Necessary
4. OIG Approves Two Cities’ Exclusive Contracts For Non-Emergency Inter-Facility Ambulance Transport Services
5. DHHS OKs Drug Maker’s Pharmaceutical Assistance Program For Financially Needy Part D Enrollees
6. State MFCUs Report Over $1 Billion In Recoveries In FYs 2004 And 2005
7. Tenet Executes Five-Year CIA With OIG- Health Policy
1. Group Makes Recommendations For Better Healthcare System
2. House Ways And Means Committee Approves Bill To Increase Use Of
HSAs- HIPAA
U.S. Court In Nebraska Finds Physician Cannot Pursue Claims Against Hospital For Disclosing His Drug/Alcohol Treatment- Hospitals and Health Systems
1. Montana Supreme Court Finds Clinic Owes No Duty To Victims Of Car Crash Caused By Patient Seen At Clinic
2. Emergency Department Crowding Common, CDC Study Finds- Managed Care
Illinois Supreme Court Strikes Down Percentage-Based Fee-Splitting Provision In Healthcare Company’s Participating Provider Agreements- Medical Malpractice
1. Indiana Appeals Court Finds Psychiatric Patient’s Claims Not Subject To Medical Malpractice Statute
2. Florida Appeals Court Upholds Jury’s Finding That Physician's Negligence Caused Elderly Patient’s Death Following Car Accident- Medicare
1. U.S. Court In Indiana Rejects Hospitals’ Bid For Retroactive Adjustment Of Their Outlier Payments
2. Federal Judge Enjoins CMS From Collecting Incorrect Medicare Part D Payments
3. CMS Overpaid IRFs Almost $12 Million, OIG Finds- News in Brief
DHHS Partners With States To Promote Long Term Care Planning- Quality of Care
1. NCQA Finds Health Plans' Quality Gains Continue, Says Accountability Is Key(c) 2006 AHLA. Reprinted with permission
Thursday, September 28, 2006
Public hospital governance manual
Wednesday, September 27, 2006
Health costs' rate of increase down, but still 'way ahead of inflation, family incomes
- "Health Care Costs Rise Twice As Fast As Inflation," by Milt Freudenheim:
A widely followed national survey reported yesterday that the cost of employee health care coverage rose 7.7 percent this year, more than double the overall inflation rate and well ahead of the increase in the incomes of workers.
The 7.7 percent increase was the lowest since 1999. But the average cost to employees continued an upward trend, reaching $2,973 annually for family coverage out of a total cost of $11,481.
Since 2000, the cost of family coverage has risen 87 percent while consumer prices are up 18 percent and the pay of workers has increased 20 percent, the survey noted. That is without counting the cost of deductibles and other out-of-pocket payments, which have also been rising.
- "The Choice: A Longer Life or More Stuff," by David Leonhardt:
There's more, and it's all worth reading.These spiraling costs — a phrase that has virtually become a prefix for the words “health care” — are slowly creating a crisis. Many executives have decided that they cannot afford to keep insuring their workers, and the portion of Americans without coverage has jumped 23 percent since 1987.
An industry that once defined the American economy, meanwhile, is sinking in large measure because of the cost of caring for its workers and retirees. For every vehicle that General Motors sells, fully $1,500 of the purchase price goes to pay for medical care. “We must all do more to cut costs,” G.M.’s chief executive, Rick Wagoner, said on Capitol Hill this summer while testifying about health care.
Mr. Wagoner’s argument has become the accepted wisdom about the crisis: the solution lies in restraining costs. Yet it’s wrong. Living in a society that spends a lot of money on medical care creates real problems, but it also has something in common with getting old. It’s better than the alternative.
To understand why, it helps to look back to a time when Americans didn’t worry much about health care costs. In 1950, the country spent less than $100 a year — or $500 in today’s dollars — on the average person’s medical care, compared with almost $6,000 now, notes David M. Cutler, an economist who wrote a wonderful little book in 2004 titled, “Your Money or Your Life.”Most families in the 1950’s paid their medical bills with ease, but they also didn’t expect much in return. After a century of basic health improvements like indoor plumbing and penicillin, many experts thought that human beings were approaching the limits of longevity. “Modern medicine has little to offer for the prevention or treatment of chronic and degenerative diseases,” the biologist René Dubos wrote in the 1960’s.
But then doctors figured out that high blood pressure and high cholesterol caused heart attacks, and they developed new treatments. Oncologists learned how to attack leukemia, enabling most children who receive a diagnosis of it today to triumph over a disease that was almost inevitably fatal a half-century ago. In the last few years, orphan drugs that combat rare diseases and medical devices like the implantable defibrillator have extended lives. Human longevity still hasn’t hit the wall that was feared 50 years ago.
Instead, a baby born in the United States this year will live to age 78 on average, a decade longer than the average baby born in 1950. People who have already made it to their 40’s can now expect to reach age 80. These gains are probably bigger than the ones the British experienced in the entire millennium leading up to 1800. If you think about this as the return on the investments in medicine, the payoff has been fabulous: Would you prefer spending an extra $5,500 on health care every year — or losing 10 years off your lifespan?
Yet we often imagine that the costs and benefits are unrelated, that we can somehow have 2006 health care at 1950 (or even 1999) prices. We think of health care as if it were gasoline, a product whose price and quality have nothing to do with each other.
There is no question that the American medical system does suffer from a lot of waste, be it insurance industry bureaucracy or expensive procedures that haven’t been proven effective. But the No. 1 cause of the cost increases is still the one you can see at the hospital and in your medicine cabinet — defibrillators, chemotherapy, cholesterol drugs, neonatal care and other treatments that are both expensive and effective.
Not even most forms of preventive care, like keeping diabetes under control, usually save money, despite what many people think. The care itself has some costs, and, more important, patients then live longer than they otherwise would have and rack up medical bills. “When I make this point, people accuse me of wanting people to die earlier. But it’s exactly the opposite,” Dr. Jay Bhattacharya, a researcher at Stanford Medical School, told me. “If these expenditures are keeping people alive, it’s money well spent.”
Tuesday, September 26, 2006
"Excited delirium": legitimate diagnosis or another name for "police brutality"?
Expect a bucketful of litigation over this concept in policy-brutality cases in the coming years. For further reading on this topic, take a look at:Police found 23-year-old Jose Romero in his underwear, screaming gibberish and waving a large kitchen knife from his neighbor's porch.
Romero kept approaching with the knife, so officers shocked him repeatedly with a stun gun.
Then he stopped breathing. His family blames police brutality for the death, but the Dallas County medical examiner attributed it to a disputed condition known as "excited delirium."
Excited delirium is defined as a condition in which the heart races wildly - often because of drug use or mental illness - and finally gives out.
Medical examiners nationwide are increasingly citing the condition when suspects die in police custody. But some doctors say the rare syndrome is being overdiagnosed, and some civil rights groups question whether it exists at all.
"For psychiatrists, this is a rare condition that occurs once in a blue moon," said Warren Spitz, a former chief medical examiner in Michigan. "Now suddenly you are seeing it all the time among medical examiners. And always, police and police restraint are involved." * * *The chief psychiatric reference book, The Diagnostic and Statistical Manual of Mental Disorders [link], does not specifically recognize "excited delirium" as a diagnosis. The International Association of Chiefs of Police [link] says not enough is known about it.
"It is not a recognized medical or psychiatric condition," said spokeswoman Wendy Balazik. "That is why we don't use it and have not taken a position on it."
Dr. Matthew D. Sztajnkrycer [link], an emergency room doctor for 10 years and associate professor at the Mayo Clinic in Minnesota, said he has seen cases of excited delirium but has many questions about it.
"It is not like a heart attack where you can just get a blood test and know you have the right diagnosis," he said. "Part of the problem is that post-mortem there is a paucity of physical evidence."
- "Excited Delirium Syndrome: Cause of Death and Prevention," by DiMaio and DiMaio;
- O'Halloran RL, Lewman LV. Restraint asphyxiation in excited delirium. Am J Forensic Med Pathol, 1993;14(4):289-295
- M. S. Pollanen, D. A. Chiasson, T. J. Cairns and J. G. Young, Unexpected death related to restraint for excited delirium: a retrospective study of deaths in police custody and in the community. Canadian Medical Association Journal, 1998;158:1603-1607
Monday, September 25, 2006
Universal access, universal coverage, universal pessimism
- The Congressionally-created Citizens' Health Care Working Group released their long-awaited "Recommendations to Congress and the President." (There appears to be no link to the entire report, only to individual sections and appendices.) As reported by Modern Healthcare:
The U.S. should work to ensure all Americans have access to affordable and appropriate core healthcare services by 2012, according to the Citizens' Health Care Working Group. The group, created by Congress to engage the public in a dialogue over basic healthcare values, submitted its final report after nearly 18 months of work. The final report contains one overarching recommendation for U.S. healthcare policy -- healthcare coverage for all -- and five actions for achieving it. It reflects public responses to an interim report released in June. The five recommended policy actions are: protect all Americans against catastrophic healthcare costs; foster innovative, integrated community health networks; define core health benefits and services for all Americans; promote efforts to improve quality of care and efficiency; and fundamentally restructure how end-of-life care is provided and financed.In its report, the group said it consistently heard that Americans believe current healthcare resources should be enough to ensure high-quality care for everyone if distributed more equitably.
In addition, participants in community meetings, an online poll and other forms of dialogue consistently emphasized the importance of shared responsibility and fairness in healthcare financing, the group said. Under the 2003 Medicare reform law that created the working group, President Bush is required to respond to the final report within 45 days, submitting his views to Congress and making recommendations on legislative and administrative actions. Five congressional committees then must hold hearings on the matter.
- And from sunny California, this bit of predicted non-news:
As expected, California Gov. Arnold Schwarzenegger vetoed a controversial single-payer bill designed to expand healthcare coverage to all of the state's 36 million residents. The legislation narrowly passed the state Assembly and Senate last month. It "would have made healthcare less affordable and cost billions (of dollars) in government mandates," according to a news release from the governor's office. The bill marked the second time in three years that California has come close to adopting sweeping health-insurance reform.
Interestingly, there isn't a whisper of this event on the governor's web site, not on the news page and not in the press releases. A veto message should appear on this page. Maybe tomorrow . . . .
This leaves Massachusetts with the one state-designed nearly universal coverage plan. Neither state is enjoying a rosy economic outlook, both have Republican governors, leaving one to wonder what explains the difference.
Is teacher's suicide attempt "an immoral act"?
“Teacher’s suicide attempt prompts morality debate”
St. Petersburg Times (09/10/06) Mary Spicuzza
http://www.sptimes.com/2006/09/10/Pasco/
Teacher_s_suicide_att.shtml
Next month, the Pasco County, Florida, School Board will hold a quasi-judicial hearing to determine the fate of a high school teacher who tried to kill herself at the school in May. Staff members and three or four students witnessed the incident. Schools superintendent Heather Fiorentino says Patti Withers’ suicide attempt was an “immoral act,” and that she should lose her job. Fiorentino also contends that witnessing a suicide attempt can adversely influence adolescents -- a phenomenon called “contagion.” In a letter to Withers, Fiorentino cited the Florida State Board of Education’s administrative rules, which allow dismissal for “immoral conduct.” The rules do not specifically mention suicide, but Fiorentino says Withers’ act was a clear case of misconduct. “As a teacher, you’re a role model for children,” she said. “And this is not what I want as an example.” Florida School Boards Association executive director Wayne Blanton said he supports Fiorentino’s decision. “The first job is not education,” he said. “The first duty is the health, safety, and welfare of students. [Fiorentino] is dealing with this in the way she feels is necessary….” But Chris Kuczynski, of the EEOC’s Americans with Disabilities Act division, said an employee with disabilities such as mental illness may need to pose a direct threat to themselves or others for an employer to take action. The teachers union has asked the School Board to allow Withers to go on health leave, rather than terminate her.
[Editor’s note: For information from CDC on suicide, visit: http://www.cdc.gov/ncipc/factsheets/suicide-overview.htm.]
Health policy redux
This paper presents the findings of a new scorecard designed to assess and monitor multiple domains of U.S. health system performance. The scorecard uses national and international data to identify performance benchmarks and calculates simple ratio scores comparing U.S averages to benchmarks. Average ratio scores range from 51 to 71 across domains of health outcomes, quality, access, equity, and efficiency. The overall picture that emerges from the scorecard is one of missed opportunities and room for improvement. The findings underscore the importance of policies that take a coherent, whole-system approach to change and address the interaction of access, quality, and cost.
[Health Affairs 25 (2006): w457-w475;10.1377/hlthaff. 25.w457]
The overall score for the U.S. is 61 out of a possible 100.
Sunday, September 24, 2006
Change in organ allocation rules produce dramatic results
Saturday, September 23, 2006
Latest from AHLA's Health Lawyers Weekly (22 Sep 2006)
Top Stories
- Phased-In Pay-For-Performance Program Would Encourage Healthcare Quality Improvement, IOM Finds: The Department of Health and Human Services (DHHS) should phase in a pay-for-performance system in order to promote improvements in the quality of healthcare, the Institute of Medicine (IOM) said in a report released September 21.For an initial period of three to five years, Congress should reduce base Medicare payments across the board and use the money to fund rewards for strong performance, the report said. Full Story
- OIG Approves Charitable Organization's Practice Of Providing Financial Assistance To Needy Medicare Patients For Treatment Of Certain Diseases:
In an advisory opinion posted September 21, the Department of Health and Human Services Office of Inspector General approved a nonprofit, tax-exempt, charitable organization's practice of providing certain therapy management services and financial assistance to financially needy Medicare beneficiaries undergoing treatment for certain diseases. Full StoryArticles & Analyses
- Grassley, The IRS Questionnaire, And Community Benefit: Are We Done Yet?, By Michael W. Peregrine, Robert C. Louthian, Elizabeth M. Mills McDermott Will & Emery LLP
- Caution Warranted For Employers As Supreme Court Adopts Broad Retaliation Test, By John P. Ryan and Kevin J. Gfell, Hall, Render, Killian, Heath & Lyman, P.C.
Current Topics
- Antitrust
1. FTC Says Non-Profit Institution Act Applies To Health System's Drug Purchase And Distribution Program
2. Seventh Circuit Rejects Anesthesiologist's Antitrust Challenge To Exclusive Contract Between Hospitals And Anesthesiology Group Practice- Arbitration/Mediation
Florida Appeals Court Compels Arbitration Under Nursing Home Admissions Agreement Even Though Portions Of Agreement Are Unconscionable- Employment and Labor
1. Fifth Circuit Rejects Hostile Work Environment Claim Against Nursing Home
2. U.S. Court In California Finds Physician's History Of Alcohol Dependency Does Not Constitute "Disability" Under ADA- Food and Drug Law
1. Legislation To Improve Research On Drug Safety Introduced In Senate
2. Study Finds Brand Name Prescription Drug Prices Continue To Rise, Manufacturers Group Disputes Findings
3. Grassley Presses FDA's Acting Commission To Improve Drug Safety Oversight
4. Generic Drugs Can Save Healthcare System Big Money, Senate Committee Told- Fraud and Abuse
1. Update
2. U.S. Court In Arkansas Dismisses Qui Tam Lawsuit Against Hospital And Oncologist At Affiliated Radiation Therapy Facility
3. U.S. Court In Tennessee Declines To Dismiss Qui Tam Lawsuit Against Manufacturer Of Implant Medical Devices- Health Information Technology
1. Provider Groups Tell Grassley, Baucus HIT Bill Poses No Antitrust Risk
2. Study Shows Physicians Slow To Adopt Email As Means Of Communicating With Patients- Health Policy
Commonwealth Fund Presents Results Of Its National Scorecard On U.S. Health System Performance- Insurance
U.S. Court In Louisiana Finds Excess Liability Insurance Policy Not Triggered When Settlement Does Not Exceed Primary Coverage- Medicaid
Federal Judge Dismisses Challenge To New Medicaid Citizenship Verification Requirement- Medical Malpractice
1. Texas Appeals Court Finds Patient's Claims Against Healthcare Facility Are Healthcare Liability Claims Under Relevant Statute
2. California Appeals Court Says Jury Should Decide Whether Physician Who Assisted In Chiropractic Procedure Owed Duty To Obtain Patient's Consent- Medicare
1. Medicare Providers Satisfied With Contractors, Survey Finds
2. Study Shows Medicare Cuts For Imaging Services Will Affect Patient Care, Group Says
3. OIG Report Finds Limiting Rental Payments For Home Oxygen Equipment Would Save Medicare $3.2 Billion Over Five Years
4. CMS Says LCD Clarifications Intended To Ensure Medicare Beneficiaries Have Access To Appropriate PMDs
5. CMS Proposes Limit On Recoupment Of Provider And Supplier Overpayments Until Second-Level Appeal Complete- News in Brief
Wal-Mart Will Offer Nearly 300 Generic Drugs At $4- Physicians
U.S. Court In Texas Says Physician Must Accept Reduced Damages Or Face New Trial In Credentialing Case Against Hospital
(c) 2006 AHLA. Reprinted with permission.
Friday, September 22, 2006
Medicare Part D: appeals process and regulatory oversight
Issue Briefs Examine Medicare Drug Benefit's Appeals Process and Regulatory Oversight
Kaiser released two issue briefs related to the Medicare drug benefit. The first focuses on the appeals process and highlights issues that can affect beneficiaries' access to needed medications, while the second examines the authority of the federal government to enforce the laws, rules and regulations governing Medicare drug plans. The papers were prepared by the Center for Medicare Advocacy.
Wednesday, September 20, 2006
Disasters and the law
Recent hurricanes and other natural disasters demonstrate serious gaps in the legal system and its ability to respond to events of this magnitude. Innovative policies are needed if society is to deal effectively with the aftermath of these disasters and the risk of future ones. Disasters and the Law: Katrina and Beyond studies disaster response, prevention, and mitigation strategies. By integrating knowledge and experience from fields as diverse as urban planning, bankruptcy law, and wetlands law, the authors talk about the legal process in disaster response and reconstruction. Past responses to Hurricane Andrew, the terrorist attacks of September 11th, 2001 and the Loma Prieta Earthquake also are discussed along with a history of U.S. disaster response efforts.
The book examines a wide range of issues and engages in provocative discussion of such topics as:
- The goals and limits of Federal and military involvement in civilian and domestic support and our expectations of a swift and multi-layered response from government in times of a crisis versus government and private sector capabilities.
- Medicaid issues raised by the hurricane such as the New York Disaster Relief Medicaid waiver granted in response to the September 11 terrorist attacks and current federal legislation related to Medicaid and
Hurricane Katrina relief efforts.- Environmental issues such as the Army Corps of Engineers' work on levee constructions and the controversy over environmental litigation's role in the Corps' projects, as well as the future re-construction on floodplains.
- Issues concerning health care, communications, law enforcement, and evacuation.
Katrina alone will involve at least a hundred billion dollars in compensation, insurance, and rebuilding efforts, and lawyers will be heavily involved for at least the remainder of the decade in disputes over these funds. Unfortunately, there is no reason at all to think that Katrina is the last word on disasters. At first glance, disaster law seems to be nothing but a collection of legal rules of various kinds that happen to come into play when communities have suffered severe physical damage. But at a deeper level, disaster law is about assembling the best portfolio of legal rules to deal with catastrophic risks, a portfolio that includes prevention, emergency response, compensation and insurance, and rebuilding strategies. Because of this unifying theme, we think that the topic is deserving of serious law school attention even beyond its newsworthy qualities. Dan Farber
Table of Contents
- Introduction
- Background
- Federalism
- Statutes & Regulations
- Prevention & Mitigation
- Emergency Response
Sunday, September 17, 2006
From the JCT: a handy little black-letter primer on tax-exempt hospitals
Saturday, September 16, 2006
Latest from AHLA's Health Lawyers Weekly (15 Sep 2006)
Top Stories
- Grassley Continues To Examine Nonprofit Hospitals' Provision Of Charity Care -- Senate Finance Committee Chairman Charles Grassley (R-IA) took the next step in his effort to examine the nonprofit hospital sector by convening a hearing September 13, Taking the Pulse of Charitable Care and Community Benefits at Nonprofit Hospitals, as well as releasing responses from ten nonprofit hospitals on Grassley's 2005 query about their charitable activities. Full Story
- CMS Announces 5.6% Increase In Standard Medicare Part B Monthly Premium For 2007 -- The standard Medicare Part B monthly premium for 2007 will increase by 5.6%, from the current $88.50 to $93.50, which is lower than early projections, according to a fact sheet released September 12 by the Centers for Medicare and Medicaid Services (CMS).Both the 2006 Medicare Trustees Report issued in May and the July Mid-Session Review of the President's 2007 budget forecast a new Part B premium of $98.50, the fact sheet noted. Full Story
Articles & Analyses
- Thou Shalt Not Profit, Part II: D&O Liability Issues For Tax-Exempt Healthcare OrganizationsBy David M. Finz, Beecher Carlson, & Christopher S. Rizek, Caplin & Drysdale
Current Topics
- Antitrust
Tenth Circuit Rules Excluding Optometrists From Provider Panel Does Not Violate Sherman Act- Arbitration/Mediation
Mississippi Supreme Court Finds Arbitration Agreement Precludes Wrongful Death Action Against Surgeon- ERISA
U.S. Court In Utah Finds Healthcare Provider's State Common Law Claims Against Insurer Not Preempted By ERISA- Food and Drug Law
1. FDA Fines American Red Cross $4.2 Million
2. U.S. Court In Texas Finds Compounded Drugs Not Subject To FDA's New Drug Approval Process
3. Tenth Circuit Rules FDA Has Authority To Ban Ephedra Under Unreasonable Risk" Standard- Fraud and Abuse
1. AdvaMed Asks OIG For More Guidance On Potentially Suspect Physician Investments In Medical Device Firms
2. U.S. Intervenes In Whistleblower Suit Against Drug Manufacturer
3. Eleventh Circuit Vacates Sentences Imposed On Consultant and Home Health Agencies For Conspiring To Submit False Claims To Medicare
4. Update- Hospitals and Health Systems
Hospitals Failed To Report To CMS Nearly Half Of All Restraint And Seclusion Deaths, OIG Finds- Insurance
HSAs Have Lower Premiums, But Higher Out-Of-Pocket Costs, GAO Says- Medicaid
Senate Panel Holds Roundtable Discussion On Managed Care In Medicaid- Medical Malpractice
Kansas Appeals Court Finds On-Call Physician Owes No Duty Of Care To Patient When Physician Refused To Treat Patient- Medicare
1. OIG Finds Estimated $20 Million In Medicare Overpayments For Radiology Services
2. CBO Estimates Costs Of Options For Overriding Medicare Physician Payment Rate Reductions
3. CMS Releases Draft Part D Chapter For Comment- News in Brief
1. CMS Names Contractors To Study IPPS Reform
2. Healthcare Price Transparency Bill Introduced In House- Physicians
1. Hawaii Supreme Court Allows Action Alleging Insurer Systematically Impeded Network Physicians' Claims
2. U.S. Court In Pennsylvania Finds Hospital Has HCQIA Immunity From Suspended Physician's Antitrust And Breach Of Contract Claims- Quality of Care
HSC Study Finds Hospitals Participate In Quality-Reporting Programs But Coordination, Resources Lacking(c) 2006 AHLA. Reprinted with permission.
Friday, September 15, 2006
Tax-exempt hospitals & Sen. Grassley's Finance Committee
Turning now to charity care, particularly discounted care and free care for low-income uninsured, there actually seems to be some agreement that nonprofit hospitals should be providing such discounts and free care. The CHA and American Hospital Association (AHA) testimony talk about basic policies in this area. As always there are details, but I think it is important for members and the press to recognize that the nonprofit hospital organizations agree that there needs to be real charity care provided.
I think the question then comes about how can we make this policy real for folks like Mrs. Insco. I think Sister Carol has it exactly right in her testimony that: “It is one thing to have policies in place, and quite another to implement them.” We need to think about how we can best make policies of discounted and free care to low-income uninsured a real benefit to those in need.
Non-profit hospitals receive billions in tax breaks at the federal, state and local level. The public has a right to expect significant, measurable benefits in return. I hope the hearing will help the Finance Committee decide how we can best ensure that non-profit hospitals provide appropriate levels of benefit to the communities they serve. As we consider these questions, I think it right to also bear in mind the particular issues facing critical access rural hospitals.
Let me end by saying that the Government Accountability Office (GAO) and the IRS Commissioner Mark Everson have both commented that there is often little to no difference between for-profit hospitals and non-profit hospitals when it comes to charity care and community benefits provided. I’m confident that many non-profit hospitals are well-intended and do outstanding work on behalf of their communities and the poor. But I’m concerned that the best practices of non-profit hospitals are not common practices for all. That needs to change.
Thursday, September 14, 2006
Latest from the law reviews
FOOD AND DRUGHEALTH LAW AND POLICY
- Hareid, Jonathan A. Comment. Testing drugs and testing limits: Merck KGaA v. Integra Lifesciences I, Ltd. and the scope of the Hatch-Waxman safe harbor provision. (Merck KGaA v. Integra Lifesciences I. Ltd. [Integra II], 125 S. Ct. 2372, 2005.) 7 Minn. J.L. Sci. & Tech. 713-756 (2006). [L][W]
- Ma, Jonathan. Note. Lowering prescription drug prices in the United States: are reimportation and Internet pharmacies the answer? 15 S. Cal. Interdisc. L.J. 345-375 (2006). [L][W]
- Pisut, Patcharin. Recent development. Freedom to research: room for trial and error in drug development after ... (Merck KGaA v. Integra Lifesciences I, Ltd., 125 S. Ct. 2372, 2005.) 2005 U. Ill. J.L. Tech. & Pol'y 339-355. [L][W]
- Politis, Pamela D. Student article. Transition from the carrot to the stick: the evolution of pharmaceutical regulations concerning pediatric drug testing. 12 Widener L. Rev. 271-291 (2005). [L][W]
- Vokes, Sarah J. Student article. Just fill the prescription: why Illinois' emergency rule appropriately resolves the tension between religion and contraception in the pharmacy context. 24 Law & Ineq. 399-420 (2006). [L][W]
MEDICAL JURISPRUDENCE
- Greeley, Henry T. Neuroethics and ELSI: similarities and differences. 7 Minn. J.L. Sci. & Tech. 599-637 (2006). [L][W]
- Melden, Michele. Guarding against the high risk of high deductible health plans: a proposal for regulatory protections. 18 Loy. Consumer L. Rev. 403-433 (2006). [L][W]
- Nicosia, Joseph III. Student article. Avian flu: the consumer costs of preparing for global pandemic. 18 Loy. Consumer L. Rev. 479-501 (2006). [L][W]
- Su, Brian. Comment. Developing biobanking policy with an Oliver Twist: addressing the needs of orphan and neglected diseases. 66 La. L. Rev. 771-808 (2006). [L][W]
- Regulating for Patient Safety: The Law's Response to Medical Errors. Foreword by Barry R. Furrow; articles by Barry R. Furrow, Stanton N. Smullens, M.D., Adam S. Evans, David B. Nash, M.D., John D. Blum, Bryan A. Liang, M.D., William M. Sage, M.D., David A. Hyman, Charles M. Silver, Nicholas P. Terry, Robert B Leflar, Futoshi Iwata, Marshall B. Kapp, Darlene Ghavimi, Pamela D. Politis, Maggie M. Finkelstein and James W. Saxton. 12 Widener L. Rev. 1-325 (2005). [L][W]
- Gonzalez, Jarod S. A matter of life and death--why the ADA permits mandatory periodical medical examinations of "remote-location" employees. 66 La. L. Rev. 681-731 (2006). [L][W]
- Upchurch, Angela K. The deep freeze: a critical examination of the resolution of frozen embryo disputes through the adversarial process. 33 Fla. St. U. L. Rev. 395-435 (2005). [L][W]
[L] = Lexis/Nexis link
[W] = WestLaw link