Digital Commons Network^™

State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian

Marquette Elder's Advisor

No abstract provided.

International Human Rights And The Elderly, Jaclynn M. Miller

Marquette Elder's Advisor

This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …

Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams

Marquette Elder's Advisor

This article examaines age discrimination by health care providers. The author provides suggestions and recommendations to remedy this type of discrimination

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti

Legislation and Policy Brief

The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …

Hospital System Readmissions: A Care Cycle Approach, Cody Mullen

The Journal of Purdue Undergraduate Research

Hospital readmission rates can be used as an indicator of the quality of health care services and can highlight high-priority research areas to ensure better health. A readmission is defined as when a patient is discharged from an acute care hospital and is admitted back to an acute care hospital in a set amount of days, with 30 days being the current national standard. On average, 19.6% of Medicare patients are readmitted to the hospital within 30 days of discharge and 56.1% within a year (Jencks, Williams, & Coleman, 2009). The hypothesis of this study was that the discharge location, …

The Future Of Health Care? Lessons Of A Simple Model, Roberto Hugh Potter

UCF Forum

Transforming health care is as much about social change and resistance as it is about individual health and party politics.

Assessing The Feasibility And Perceptions Of Health Services For Refugees Of Resettlement Organizations, Heidi Jean Worabo

Dissertations

Background: Since 1975 the U.S. has resettled 2.6 million refugees who had to flee from their home countries. Many refugee resettlement organizations have developed different models of innovation to promote a smooth transition between previous foreign refugee camps to U.S. communities so that refugees swiftly become economically and socially self-sufficient. Providing refugees with health benefits and resources has been foremost priority upon arrival as they try to overcome health care barriers. Yet there is a lack of literature examining the impact of these health services and how they are perceived by the program recipients. Purpose: This scholarly project aimed to …

An O’Neill Institute Briefing Paper: The Supreme Court’S Landmark Decision On The Affordable Care Act: Healthcare Reform’S Ultimate Fate Remains Uncertain, Emily W. Parento, Lawrence O. Gostin

O'Neill Institute Papers

The Supreme Court’s decision on the constitutionality of the Patient Protection and Affordable Care Act (ACA) is a landmark on the path toward ensuring universal access to health care in the United States. In a 5-4 decision written by Chief Justice Roberts, the Court upheld the law in its entirety with the sole exception that Congress may not revoke existing state Medicaid funding to penalize states that decline to participate in the Medicaid expansion under the ACA. In this O’Neill Institute Briefing, we explain and analyze the Court’s decision, focusing on the individual purchase mandate and the Medicaid expansion, while …

Health Care Back Where It Belongs, Before The Voters, Alan E. Garfield

Alan E Garfield

No abstract provided.

Being An Austrian Mother With Rheumatoid Arthritis: An Institutional Ethnography About The Social Organization Of Everyday Life, Birgit Prodinger

Electronic Thesis and Dissertation Repository

This institutional ethnography research explored how women with rheumatoid arthritis, who are mothers, and of employable age, go about their daily lives given their social context. The social context for this research was Austria, which is characterized by social policies based on familialism and an emphasis on employment. This context may open up various resources and possibilities about what women can do and actually do in their daily lives, and thus, directs attention to the situated nature of human occupation.

In institutional ethnography particular attention is given to the social, which suggests that daily life becomes accomplished through coordinated activities …

Family Caregiving And The Law Of Succession: A Proposal, Thomas P. Gallanis, Josephine Gittler

University of Michigan Journal of Law Reform

As the American population ages, the need for long-term care, already great, will become even greater. Some of this care is paid for by government programs, such as Medicaid, and by individual long-term care insurance policies. But the combination of the public fisc and private insurance are, and will continue to be, insufficient to pay for all of the care our seniors and adults with disabilities need. The provision of care in a family residence by one or more family members is an important component of our health care delivery system and must be supported and encouraged by public policy …

The Uneasy Case For The Affordable Care Act, Stephen E. Sachs

Law and Contemporary Problems

The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This essay disagrees. While the mandate may win in the end, it won't be easy, and the arguments against it sound in law rather than politics.

Written to accompany and respond to Erwin Chemerinsky's essay in the same symposium, this essay argues that each substantive defense of the mandate is subject to doubt. While Congress could have avoided the issue by using its taxing power, it chose not to do so. …

Foreword, Neil S. Siegel

Law and Contemporary Problems

The articles published in this volume of Law and Contemporary Problems address the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA), either directly or indirectly. They were originally presented at a conference at Duke Law School on September 16, 2011. Entitled “The Constitutionality of the Affordable Care Act: Ideas from the Academy,” the conference was inspired by the belief that legal academics who specialize in U.S. constitutional law, health law and policy, or statutory interpretation are making distinctive contributions to the national debate over the constitutionality of the ACA. These legal academics are …

Behaviors That Eliminate Health Disparities For Racial And Ethnic Minorities: A Narrative Systematic Review, Truman Ryan Keys

Proceedings of the New York State Communication Association

Within the health care provider-health care recipient relationship the communication must be culturally competent to eliminate barriers to equitable health care for all Americans. This assertion has conceptual grounding in Public Law 106-129 (the Health Care Research and Quality Act of 1999) and Public Law 106-525 (the Minority Health and Health Disparities Research and Education Act of 2000). This narrative systematic review examines this assertion by using selection and exclusion criteria to gather interventions, assessments, and testimonies conducted from 2000-2007. Reports that were not eliminated via these criteria were analyzed to determine the effect of specific practices that were undertaken …

The Realities Of Burnout In Health Care Social Work: How Individuals Are Responding By Practicing Meditation, Laura Robinson

Master of Social Work Clinical Research Papers

In today’s society social work professionals are often overwhelmed as they try to juggle the responsibilities of life, from managing their home and advocating for their community, to meeting the demanding needs of work. For many the reality of burnout is all too familiar. Burnout is often characterized by emotional exhaustion, cynicism and a lack of personal accomplishment. For health care social workers who struggle in juggling the act of life, their experience is additionally impacted by the health care system as their expectations and responsibilities feel unmanageable. Some professionals in the field of health care social work have responded …

Challenges To Policy Implementation: An Examination Of An Integrated Health Care Delivery System Demonstration Project, Kaitlin A. Roh

Political Science Honors Projects

US health care costs are among the highest of all industrialized nations. In an effort to reduce costs and improve health outcomes, new delivery models – including accountable care organizations – have been developed. Yet, as revealed through interviews with key participants in Hennepin County's delivery project, significant challenges to implementing them exist. They include obstacles that inherently arise from implementing a means-tested health care policy within a competitive, federalized governing structure. Because these challenges are not unique to Hennepin County, this project can help similar projects and may push policy towards the integration of the health care and social …

A Student's Perspective Of Learning On A Dedicated Education Unit, Rachael L. Johnsen

Honors Projects

It is the intent of this honors project to give a student’s perspective of learning in the Dedicated Education Unit (DEU) on Bridge 7 at Rhode Island Hospital. Bridge 7 is a 38-bed unit specializing in general medical surgical patient care services. A student’s perspective is illustrated by journal entries written from each clinical experience over the course of one semester, during the course Adult Health II. In addition to a student’s perspective, it is the intention to compare the learning experience on the DEU, to the traditional model of clinical learning. This project will include current nursing research that …

Madagascar: Transitions In Health Care, Margaret Altepeter

Regis University Student Publications (comprehensive collection)

Before actually visiting the country, the author theorized that as the health care system is being transformed from traditional to modern health care in the country of Madagascar, the traditional aspect of health care needs to be heavily incorporated in the transition. In this way, efficacy could be maximized and the cultural practices could be protected. After traveling to Madagascar in 2011 to conduct research as part of her study abroad program, the author found she had had underestimated the extent to which biomedicine was already present in the country. As she visited and interviewed traditional healers, toured biomedical hospitals, …

Health Care ‘Freedom’, Medicare ‘Enrollment’ And Other Paralogisms: Hall V Sebelius, Mel Cousins

Mel Cousins

Rather overshadowed by the Supreme Court hearings on the constitutionality of the Patient Protection and Affordable Care Act (PPACA), another case involving a claim for health care ‘freedom’ has recently been dismissed by the DC circuit court of appeals. The case is entirely without any legal interest (or indeed legal merit) and, from a purely legal point of view, is barely worth reporting. Nonetheless from a broader political science perspective, it may be worth noting. From this perspective the ongoing health care litigation (of which Hall v Sebelius is a rather peripheral part) might tend to re-establish a view of …

April 20, 2012: Back To The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Obama Didn't Deny Court's Right Of Review, Alan E. Garfield

Alan E Garfield

No abstract provided.

Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers

Pepperdine Dispute Resolution Law Journal

This paper reviews the constitutional issues surrounding medical malpractice arbitration clauses and the implementation of arbitration contracts, and the existing medical malpractice process. Federal preemption issues under the Federal Arbitration Act, enterprise liability and ERISA preemption, and cybermalpractice will be discussed. Finally, dispute resolution industry standards implemented by the American Arbitration Association and American Health Lawyers Association will be reviewed as well as current medical malpractice mediation practices in industry. While the past has shown that arbitration has not been used a great deal future trends may increase use. Emerging medical malpractice arbitration issues arising in the new millennium include …

The Future Of Adr, Edward A. Dauer

Pepperdine Dispute Resolution Law Journal

This article addresses the use of alternative dispute resolution in health care.The article provides a historical analysis of medical malpractice and traces the development of ADR in healthcare. The article discusses the benefits that ADR can and will bring to health care in the future.

Mid-Atlantic Ethics Committee Newsletter, Spring 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Effectiveness And Best Practices Of Lean And Six Sigma Methodologies In Hospitals, Daniel Branco

Honors Projects in Management

Healthcare quality and costs are a growing problem in the United States. Healthcare organizations are facing increasing costs combined with declining quality (Schoenbaum). This unsustainable trend is putting a great burden on the health care system as a whole. The improvement of quality within the healthcare system would increase the value of the care (Schoenbaum).Improving healthcare quality, and thereby lowering the costs, is critical for the sustainability of healthcare organizations.

There are many different ways that organizations can use quality to reduce costs and increase the quality of service to their patients. There are also various ways an organization can …

When Coercion Lacks Care: Competency To Make Medical Treatment Decisions And Parens Patriae Civil Commitments, Dora W. Klein

University of Michigan Journal of Law Reform

The subject of this Article is people who have been civilly committed under a state's parens patriae authority to care for those who are unable to care for themselves. These are people who, because of a mental illness, are a danger to themselves. Even after they have been determined to be so disabled by their mental illness that they cannot care for themselves, many are nonetheless found to be competent to refuse medical treatment. Competency to make medical treatment decisions generally requires only a capacity to understand a proposed treatment, not an actual or rational understanding of that treatment. This …

March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Healthcare Reform Hangs In The Balance, Lawrence O. Gostin

O'Neill Institute Papers

In this timely new briefing, Professor Lawrence O. Gostin, University Professor and Faculty Director, O’Neill Institute for National and Global Health Law, Georgetown University writes:

Prior to Tuesday’s arguments, I believed that the Supreme Court would uphold the health insurance purchase mandate by a comfortable margin. But now I believe that health care reform hangs in the balance. Here are the key arguments on which the future of President Obama’s health care reform depends: a greater freedom, cost-shifting, the health care market, acts versus omissions, limiting principles, the population-base approach, and what is necessary and proper. If the Court strikes …

Liberty Isn't The Issue In Health Care Case, Alan E. Garfield

Alan E Garfield

No abstract provided.

Why The Affordable Care Act's Individual Purchase Mandate Is Both Constitutional And Indispensable To The Public Welfare, Lawrence O. Gostin

O'Neill Institute Papers

Integral to the Affordable Care Act's (ACA’s) conceptual design is the individual purchase mandate, which requires most individuals to pay an annual tax penalty if they do not have health insurance by 2014. Despite the vociferous opposition, the mandate is the most “market-friendly” financing device because it relies on the private sector. Ironically, less market-oriented reforms such as a single-payer system clearly would have been constitutional.

It is common sense for everyone to purchase health insurance and thus gain security against the potentially catastrophic costs of treating a serious illness or injury. However, Congress’ method of ensuring that everyone has …