Digital Commons Network^™

Determining Medical Necessity Within Medicaid: A Proposal For Statutory Reform, Anita F. Sarro

Nebraska Law Review

This article first reviews the Medicaid scheme and identifies the limitations on the discretionary power of the state to restrict coverage, the most important of which is the requirement that a state provide medically necessary care. Existing statutory, regulatory, and judicial mechanisms for determining medical necessity are presented and critiqued. Finally, a proposed federal statutory procedure is presented and explained.

I. Introduction

II. Background: The Medicaid Scheme

III. Federal Limitations on State Discretionary Power

IV. Medical Necessity: A Fundamental Requirement

V. Existing Procedural Mechanisms for Determining the Medical Necessity of Proposed Treatment ... A. The Fair Hearing ... B. Review …

Legislating Advance Directives For The Terminally Ill: The Living Will And Durable Power Of Attorney, Susan R. Martyn, Lynn Balshone Jacobs

Nebraska Law Review

This article examines the mechanics of Living Will and durable power of attorney legislation. It analyzes their relative strengths and weaknesses as well as their potential usefulness to the terminally ill patient. Because the California statute [California Durable Power of Attorney for Health Care Decisions Act] represents the latest approach to advance directive decisionmaking, it is examined in detail. Used exclusive of, or in tandem with, the Living Will, the California durable power of attorney has the potential for becoming a powerful tool for those who struggle to retain control over the circumstances surrounding their inevitable death.

I. Introduction

II. …

Baby Doe Decisions: Modern Society's Sins Of Omission, Anne Elizabeth Winner

Nebraska Law Review

I. Introduction

II. The Law As It Is ... A. Child Neglect ... 1. Generally ... 2. Exceptions to the Parental Duty ... a. Impossibility and Substantial Risk: The Established Exceptions ... b. Quality of Life Prognosis: An Emerging Exception ... c. The Next Exception ... 3. Problems with Neglect Law ... a. Interpretation ... b. Enforcement ... B. Handicapped Discrimination ... 1. The Attempt at Formal Federal Regulation ... a. Section 504 ... b. The 1984 "Baby Doe Regulations" ... 2. Local Analysis ... C. Law on the Periphery ... 1. Killing and Planning to Kill: Homicide and Conspiracy …

A Decade Of Usda-Ars Predator Research, 1972-1982, Jeffrey S. Green

Great Plains Wildlife Damage Control Workshop Proceedings

Federal government restrictions in 1972 on several widely-used forms of predator control stimulated research on alternative methods of reducing depredation on livestock. In the same year, the U.S. Department of Agriculture began predator research through the Agricultural Research Service (ARS) and designed the U.S. Sheep Experiment Station CUSSES, near Dubois in southeastern Idaho as the principle location for the investigations. At the outset, the objective of ARS research was to examine non-lethal methods for reducing depredation, primarily by coyotes (Cants), on sheep. During the first several years, while predator research facilities were constructed at the USSES, ARS funds were primarily …

Table Of Contents, William F. Andelt

Great Plains Wildlife Damage Control Workshop Proceedings

Proceedings

Great Plains Wildlife Damage Control Award Recipients

Great Plains Wildlife Damage Control Workshop Proceedings

Award Recipients

Removing Rattlesnakes From Human Dwellings Using Glue Boards, James E. Knight

Great Plains Wildlife Damage Control Workshop Proceedings

A method using glue boards to remove rattlesnakes (Crotalus soo.) is being tested. Preliminary results of tests conducted in controlled situations indicate the method may be very effective. The glue boards are cardboard or plastic rectangles covered with a sticky material similar to fly-paper glue. The glue boards are tacked on anchored plywood approximately 24 x 16 x 1/4 inches (61 x 40.6 x 0.6 cm). The glue boards are arranged to form a minimum area of 12 x 6 inches (30.5 x 15.2 em). It is important to avoid attaching anything the snake can use for leverage that might …

Rodent-Agriculture Interactions In No-Tillage Crop Fields, Kent E. Holm, Ron J. Johnson, Walter W. Stroup

Great Plains Wildlife Damage Control Workshop Proceedings

Acreage in reduced- and no-tillage farming systems has increased markedly in recent years, a trend that is expected to continue. However, small rodent populations thrive in these fields and at times dig and consume newly planted seeds and seedlings. During 1983, no-tillage corn, wheat and grain sorghum fields in western (Red Willow Co.) and eastern (Saline and Jefferson Cos.) Nebraska were evaluated to determine the distribution and food habits of the rodent species present, the damage to crops, and the availability of alternate rodent food sources. During June (post-emergence) and August (maximum corn height), 676 rodents were captured in 11 …

Keeping Squirrels And Roof Rats Out Of Structures, Jonathan W. Linn

Great Plains Wildlife Damage Control Workshop Proceedings

component of any total pest control program. There are many species of rodents that enter buildings, usually for the purpose of shelter and/or food. They may enter in the fall to survive the winter weather, or in the spring to have a safe place to give birth to their young. Much has been written about rodent-proofing buildings to keep out both native and introduced rats and mice. This article will try and cover methods that can be used to keep out our native squirrels, which include the eastern gray squirrel (Sciurus carolinensis), the western gray squirrel (Sciurus griseus), the eastern …

Current Events In Extension Wildlife Damage Control In The United States, James E. Miller

Great Plains Wildlife Damage Control Workshop Proceedings

The Cooperative Extension Services (CES) within each state and territory of the United States and their federal partner, the Extension Service, United States Department of Agriculture (USDA), have long recognized the need for, and responsibility of, providing educational programs in wildlife damage control to both rural and urban clientele. The system employed to implement these educational programs was established early in this century dating back to passage of the Smith-Lever Act in 1914. Through the years since that time, the strengths of this system have been the recognition of the need for a continuing spirit of cooperation with other federal …

Use Of Aluminum Phosphide Fumigants For Burrowing Rodent Control, Carl Snider

Great Plains Wildlife Damage Control Workshop Proceedings

This article is to inform you about aluminum phosphide, a new burrowing rodent fumigant. The history of aluminum phosphide is long, dating back to the mid-1930'x, but the first aluminum phosphide preparation was not introduced into the United States until 1955. The traditional usage of phosphine throughout the USA has been in the grain and food industry in fumigating raw agricultural commodities, processed foods, animal feed, stored tobacco, and certain non-agricultural commodities. Aluminum phosphide was not approved in the U.S. for burrowing rodents until 1981.

Welcome, Fred D. Sobering

Great Plains Wildlife Damage Control Workshop Proceedings

It's a real pleasure to welcome you to Kansas and to this Sixth Great Plains Wildlife Damage Control Workshop. The Wildlife Resources Committee of the Great Plains Agricultural Council has always been one of the more active and productive committees of this Council.

An Evaluation Of Burrow Destruction As A Ground Squirrel Control Method, Dennis C. Stroud

Great Plains Wildlife Damage Control Workshop Proceedings

Several researchers have suggested that the presence of burrows is a limiting factor for ground squirrel populations and that the destruction of these burrow systems can reduce the rate of reinvasion following control. However, no one has yet tested the potential value of burrow destruction as a control method.

Efficacy Evaluations Of Ultrasonic Rodent Repellent Devices, Stephen A. Shumake

Great Plains Wildlife Damage Control Workshop Proceedings

Efficacy tests involving the use of simulated field and field structures have been developed to assess repellency of commercial ultrasonic rodent repellent devices.

Keynote Address, Robert J. Pool

Great Plains Wildlife Damage Control Workshop Proceedings

Most modern environmentalists during their formative years have had little actual contact with wildlife under natural conditions. Their wildlife philosophies have been developed via the mass media and from experiences with animals as pets or confined in zoos. In general, modern environmentalists are sincere, dedicated, idealistic and enthusiastic, but they often lack realism and are blessed with the innocence of naivete. The majority of people in the United States now exhibit strong affection for wild animals and are deeply concerned over any actions perceived as causing pain to individual animals. These attitudes towards wild animals will impact on future wildlife …

Behavioral Ecology Of Coyotes: Implications For Reducing Predator-Livestock Conflicts, William F. Andelt

Great Plains Wildlife Damage Control Workshop Proceedings

During the past 2 decades, numerous research projects have been conducted to gain a better understanding of coyote (Canis latrans) behavior and ecology which could be used to reduce livestock losses to predators. This paper synthesizes some of these investigations to provide some insight into methods of reducing livestock losses to coyotes.

Fencing For Deer Control, William R. Bonwell

Great Plains Wildlife Damage Control Workshop Proceedings

Deer (odocoileus virginianus) depredations are a serious problem for many landowners and few landowners plan for these potential depredations. Fencing to restrict deer movements has become the most economical means of control. Several fence designs are available but the new electrified high tensile wire fences hold the most promise for deer control.

Urban/Suburban Squirrel Control In Private Residences, Donald J. Franke

Great Plains Wildlife Damage Control Workshop Proceedings

Gray squirrel (Sciurus carolinensis) damage to roofs is becoming a major concern to homeowners especially with the steadily increasing construction of houses with wood shingles. Besides causing roof damage (rain leaks), electrical wires are often gnawed. The gray squirrel is finding excellent nesting area in attics and overhang voids.

Occurrence And Behavior Of Wild Dogs In Newly Established Agricultural Areas, Philip S. Gipson

Great Plains Wildlife Damage Control Workshop Proceedings

The 1976 Alaska State Legislature initiated a program to make substantial amounts of state land available for agricultural development. Approximately 150,000 acres (60,729 ha) were used for agriculture in Alaska during 1982. The state's goal is to have 500,000 acres (202,429 ha) in agricultural production by 1992. The largest agricultural development to date is the Delta Grain Project which opened approximately 60,000 acres (24,291 ha) of wilderness lands to barley production. Agricultural developments have far reaching impacts on native and feral wildlife. Wild dogs have responded positively to land clearing and the removal of wolves (Canis lupus) from newly settled …

Wildlife Damage Control Problems And Concerns Of State Wildlife Agencies, F. Robert Henderson

Great Plains Wildlife Damage Control Workshop Proceedings

Wildlife damage seems to be a greater concern today than 10 years ago. Controlling wildlife damage is a complex issue and the responsibility for its accomplishment has been given to diverse groups of private, local, county, state and federal entities. The types of programs vary from state to state, and often within a state several different programs are conducted by different agencies. It is the purpose of this paper to attempt to present information on the concerns of the state wildlife agencies regarding wildlife damage problems.

Some International Approaches To Rat Control, Walter E. Howard

Great Plains Wildlife Damage Control Workshop Proceedings

There are many basic requirements concerning the political structure, financial support needed, proper organization, staff training, public education, laws and regulations, and the keeping of good records, which must be adequately considered before a rat control program can become successful. Likewise, there are also a number of basic principles concerning rodent control that must be understood and adhered to. Some villages in Korea and the country of Kuwait will be used as examples of new rat control approaches.

The Use Of Ultralight Aircraft For Aerial Control Of Coyotes, James E. Knight

Great Plains Wildlife Damage Control Workshop Proceedings

The changing complexion of modern animal damage control, coupled with the lack of funding available to government, has created the need for innovative methods of conducting control programs. Ultralight aircraft are presently being tested to determine their effectiveness, efficiency and safety for aerial gunning coyotes.

Rancher Use Of Compound 1080 Toxic Collars In New Mexico, Gary A. Littauer

Great Plains Wildlife Damage Control Workshop Proceedings

Twenty-three ranchers were trained and certified to use Compound 1080 in toxic collars to control coyote ( Ca nts l a tran s predation on sheep during a 2-year experimental program conducted by the New Mexico Department of Agriculture. Fifteen ranchers employed a total of 330 collars in field use. Two used collars in preventive control schemes and success was unknown. Thirteen used collars in corrective control (i.e. predation was in progress); 6 had collared lambs attacked and killed by coyotes; 4 had 1 or more collars punctured by coyotes and in 1 case a bobcat; 3 solved specific coyote …

The Wildlife Society's Committee On Wildlife Damage Control, Terrell P. Salmon

Great Plains Wildlife Damage Control Workshop Proceedings

In 1982, the President of the Wildlife Society created a Committee to make recommendations on what the Society should do to be an attractive organization for wildlife professionals specializing in wildlife damage control. The Committee, composed of 7 professionals in wildlife damage control, made 13 recommendations to the Society. Which, if implemented will improve the Society's relationship with wildlife damage control professionals.

The Viability Of Rabies In Carrion, Joseph M. Schaefer

Great Plains Wildlife Damage Control Workshop Proceedings

The viability of rabies virus in carrion is a major factor in affecting the chances that a scavenging animal could contact the disease. The purpose of this study was to determine the viability of rabies virus in brains and salivary glands of rabid striped skunk (Mephitis mephitis ) carcasses exposed to different controlled temperatures.

Workshop-Discussion Session, Joesph M. Schaefer

Great Plains Wildlife Damage Control Workshop Proceedings

The purpose of the workshop-discussion session was to establish a list of ideas that would provide the best focus and direction to improve wildlife damage control programs. During this session the Nominal Group Technique (NGT) (Delbecq et al. 1975) was used to: 1) identify and rank obstacles that limit the effectiveness of wildlife damage control efforts, and 2) generate possible solutions to the most important obstacles. This format allowed equal and full participation and was successful in generating many original ideas.

Reducing Goat Losses To Predators: Past Vs. Present Producers In Texas, Jerry H. Scrivner

Great Plains Wildlife Damage Control Workshop Proceedings

The purpose of this study was to gather information regarding the application and economic implications of predator control and husbandry methods used by 104 past and 103 present Angora goat producers in Texas. Of 7 techniques [(1) predator control by ranchers, (2) support of private or government trappers, (3) night penning of livestock, (4) confinement or semi-confinement kidding, (5) extra checking on goats, (6) the use of guard dogs, and (7) the use of scare devices] ranchers use to reduce predation losses, present producers used significantly more techniques than did past producers. Also, present producers generally implemented each technique to …

Rodent Populations And Crop Damage In Minimum Tillage Corn Fields, Richard E. Young, William R. Clark

Great Plains Wildlife Damage Control Workshop Proceedings

No-till and disked cornfields were examined in southwest Iowa to determine small mammal population densities, movements, and impacts of rodent depredations on corn seedlings. Two replicates of the treatments corn planted into. corn stubble, corn planted into chemically treated sod, and corn planted into spring-disked fields were studied during the 1982 and 1983 growing seasons. Grids of 100 Sherman live traps were established at the edge and middle of each field to determine rodent densities and document possible encroachment of small mammals from nearby habitats. Trapping experiments were conducted for 6 consecutive days during May, August, and November. To assess …

Rodent Management On The Northern High Plains, Ardell J. Bjugstad

Great Plains Wildlife Damage Control Workshop Proceedings

Rodent damage on the Northern High Plains has caused estimated economic losses of millions of dollars per year. The Columbian ground squirrel (Citellus columbianus) caused $800,000 damage in Montana during 1973, whereas prairie dogs (Cvnomvs ludovicianus) caused a loss of $2 million in South Dakota during 1980. Initial control of prairie dogs in South Dakota would cost approximately $1.2 million dollars and maintenance measures would be needed about every third to fifth year depending on percentage success of the initial control and management practices thereafter. Results of a cost-benefit study in South Dakota indicated that the annual maintenance control rate …

Population Reduction Of Richardson's Ground Squirrels Using A Brodifacoum Bait, George H. Matschke, Steve F. Baril, Raymond W. Blaskiewicz

Great Plains Wildlife Damage Control Workshop Proceedings

On 6 study plots (3 treated and 3 control of 2.47. acres--1 ha), we evaluated the efficacy of a 50 ppm brodifacoum grain bait on Richardson's ground squirrels (spermophilus richardsonii Efficacy was measured by 3 methods: (1) radio-telemetry - 22 ground squirrels were live trapped on each treated plot and equipped with radio transmitters, (2) mark-recapture - by mark-recapture sampling methods and the computer program entitled CAPTURE, and (3) Tanaka's formula - by using only marked survivors retrapped posttreatment. Treatment began the day following the pretreatment trapping period by systematically baiting each burrow entrance with approximately 16-19 g of bait. …