Law Commons^™

Making Sense Of The Health Care Reform Debate, Robert Hockett

Robert C. Hockett

It has been bemusing to behold how ill-informed, mis-informed, and even dis-informed much of the current debate over health care reform has been these past several months. Some of the trouble surely has stemmed from bad faith on the part of some protagonists. Another part of the trouble has stemmed from ineffective communication on the part of other protagonists. Much of our trouble, however, might stem from less than full clarity on all of our parts about two facts. The first is that in talking about “health care reform” as a public policy issue, we are actually talking about social …

The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel Aitsebaomo

Gabriel Aitsebaomo

This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …

Police Education As A Component Of National Hiv Response: Lessons From Kyrgyzstan, Leo Beletsky, Rachel Thomas, Natalya Shumskaya, Irina Artamonova, Marina Smelyanskaya

Leo Beletsky

Background—Recognition of the police department’s role in shaping HIV spread and prevention has generated interest in educational interventions targeting law enforcement. With input from civil society, trainings covering HIV prevention science, policy, and occupational safety were developed and delivered to cadets and active-duty police across Kyrgyzstan Methods—We administered a multi-site cross-sectional survey of Kyrgyz police to assess whether undergoing HIV trainings was associated with improved legal and public health knowledge, positive attitudes towards public health programs and policies, occupational safety awareness, and intended practices targeting vulnerable groups. Results—In 313-officer sample, 38% reported undergoing the training. In multivariate analysis, training was …

Pharmacies As Providers Of Expanded Health Services For People Who Inject Drugs: A Review Of Laws, Policies, And Barriers In Six Countries, Theodore Hammett, Son Phan, Julia Gaggin, Patricia Case, Nicholas Zaller, Alexandra Lutnick, Alex Kral, Ekaterina Fedorova, Robert Heimer, Will Small, Robin Pollini, Leo Beletsky, Carl Latkin, Don Des Jarlais

Leo Beletsky

Background People who inject drugs (PWID) are underserved by health providers but pharmacies may be their most accessible care settings. Methods Studies in the U.S., Russia, Vietnam, China, Canada and Mexico employed a three-level (macro-, meso-, and micro-) model to assess feasibility of expanded pharmacy services for PWID. Studies employed qualitative and quantitative interviews, review of legal and policy documents, and information on the knowledge, attitudes, and practices of key stakeholders. Results Studies produced a mixed assessment of feasibility. Provision of information and referrals by pharmacies is permissible in all study sites and sale and safe disposal of needles/syringes by …

Ending Bad Oil: Deterrence And Compensation, Chiehwen Ed Hsu

Chiehwen Ed Hsu

Ending Bad Oil: Deterrence and Compensation Current regulations pertaining to food safety are insufficient, and repeat offenders often get away with their crimes. What can be done to fix the system? - See more at: http://thinking-taiwan.com/ending-bad-oil-deterrence-and-compensation/#sthash.El3LryVq.dpuf

Forensic Training And Practice, Ira Packer, Randy Borum

Ira K Packer

The recognition by the American Psychological Association (APA) of Forensic Psychology as a Specialty is a significant landmark for the field. This recognition has resulted from the development of a substantial body of professional literature and specialized knowledge. The foundation for these advances was laid in the decades of the 1970s, with the establishment of the American Psychology-Law Society (later recognized as Division 41 by APA) and the American Board of Forensic Psychology (which subsequently became a specialty board of the American Board of Professional Psychology). This chapter describes the state of the field in terms of both practice and …

Understanding The Hospital Sharps Injury Reporting Pathway, Leslie Boden, Yolanta Petrofsky, Karen Hopcia, Gregory Wagner, Dean Hashimoto

Dean M. Hashimoto

Background: Patient-care workers are frequently exposed to sharps injuries, which can involve the risk of serious illness. Underreporting of these injuries can compromise prevention efforts.

Methods: We linked survey responses of 1,572 non-physician patient-care workers with the Occupational Health Services (OHS) database at two academic hospitals. We determined whether survey respondents who said they had sharps injuries indicated that they had reported them and whether reported injuries were recorded in the OHS database.

Results: Respondents said that they reported 62 of 78 sharps injuries occurring over a 12-month period. Only 28 appeared in the OHS data. Safety practices were positively …

Impact Of Organizational Policies And Practices On Workplace Injuries In A Hospital Setting, T. Tveito, G. Sembajwe, L. Bodden, J. Dennerlein, G. Wagner, C. Kenwood, A. Stoddard, S. Reme, K. Hopcia, Dean Hashimoto, W. Shaw, G. Sorensen

Dean M. Hashimoto

Objective: This study aimed to assess relationships between perceptions of organizational practices and policies (OPP), social support, and injury rates among workers in hospital units. Methods: A total of 1230 hospital workers provided survey data on OPP, job flexibility, and social support. Demographic data and unit injury rates were collected from the hospitals' administrative databases. Results: Injury rates were lower in units where workers reported higher OPP scores and high social support. These relationships were mainly observed among registered nurses. Registered nurses perceived coworker support and OPP as less satisfactory than patient care associates (PCAs). Nevertheless, because of the low …

Private Certifiers And Deputies In American Health Care, Frank Pasquale

Frank A. Pasquale

So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up to statutory or regulatory standards. Via deputization, firms can pursue a regulatory or law enforcement role to correct (and even punish) providers …

Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda Pustilnik, Leslie Henry

Leslie Meltzer Henry

No abstract provided.

Obamacare And Religious Rights In A For-Profit World, Michael Helfand

Michael A Helfand

No abstract provided.

Physical Activity And Body Mass Index: The Contribution Of Age And Workplace Characteristics, Candace Nelson, Gregory Wagner, Alberto Caban-Martinez, Orfeu Buxton, Cristopher Kenwood, Erika Sabbath, Karen Hopcia, Dean Hashimoto, Jennifer Allen, Glorian Sorensen

Dean M. Hashimoto

Background: The workplace is an important domain for adults, and many effective interventions targeting physical activity and weight reduction have been implemented in the workplace. However, the U.S. workforce is aging, and few studies have examined the relationship of BMI, physical activity, and age as they relate to workplace characteristics.

Purpose: This paper reports on the distribution of physical activity and BMI by age in a population of hospital-based healthcare workers and investigates the relationships among workplace characteristics, physical activity, and BMI.

Methods: Data from a survey of patient care workers in two large academic hospitals in the Boston area …

To Honor Hoffman, Focus On Prevention, Not The Drug War, Leo Beletsky

Leo Beletsky

No abstract provided.

Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske

David Gamage

This Essay refutes Adler’s and Cannon’s argument that the Affordable Care Act (“Obamacare”) does not authorize premium tax credits for insurance policies purchased from the federal healthcare Exchanges. Adler’s and Cannon’s argument is the basis of challenges in a number of ongoing lawsuits, including Oklahoma ex rel. Pruitt v. Sebelius and Halbig v. Sebelius. This Essay conducts a textual analysis of the Affordable Care Act and concludes that the text clearly authorizes premium tax credits for insurance policies purchased from the federal healthcare Exchanges.

On November 7th, 2014, the U.S. Supreme Court agreed to hear the appeal of the King …