Medicine and Health Sciences Commons^™

Santa Clara Magazine, Volume 51 Number 1, Summer 2009, Santa Clara University

Santa Clara Magazine

14 - INAUGURATING PRESIDENT ENGH By Steven Boyd Saum. On the occasion, a ringing challenge from President Engh: Make SCU a champion for environmental justice. Read the speech and see the photos.

22 - SAVING BOUNTY By Elizabeth Svoboda. Our food-safety system is in shambles, but there are ways to make it work again. For one answer, look to your leafy greens.

28 - CAN WE SOLVE HUNGER IN OUR LIFETIME? BY Dashka Slater. Here are six ideas that, practiced together, will make a difference.

34 - ALTERNATIVE REALITY: "WORLD WITHOUT OIL" By Paul Totah '79. Alternate reality games can …

Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer

Faculty Publications

No abstract provided.

A Comparison Of Two Theoretical Models Of Procedural Justice In The Context Of Child Protection Proceedings, Twila Wingrove

Department of Psychology: Dissertations, Theses, and Student Research

In this study, the researcher tested two theoretical models of justice in the context of child protection proceedings. Participants read a case file describing a hypothetical child neglect case. The file included the court petition, the caseworker’s court report, a summary of the protective custody hearing, and the judge’s final order. Within the case file, the researcher manipulated four variables: procedural treatment, interpersonal treatment, severity of child neglect, and assigned role (judge or parent). Results of confirmatory factor analyses suggested that a four-factor model of justice judgments best fit the data. Consistent with the organizational justice approach (Colquitt, 2001) the …

A Health Insurance Exchange: Prototypes And Design Issues, Mark Merlis

National Health Policy Forum

Many reform proposals call for the creation of one or more health insurance exchanges, intermediaries that can help individuals or small employers navigate the insurance market. An exchange might be public or private, national, or local. It might serve simply as a clearinghouse for plan information or could play an active role in setting benefit packages, choosing high-quality plans, and negotiating premium rates. This paper begins with a summary of recent experience with insurance exchanges and similar systems. It then reviews basic issues in the design of an exchange.

Underwriting In The Non-Group Health Insurance Market: The Fundamentals, Kathryn Linehan

National Health Policy Forum

Non-group health insurance is coverage that individuals purchase on their own rather than as part of a group. Most states currently permit non-group insurers to underwrite, a process whereby an insurer assesses the health and other characteristics of individuals to determine their likely utilization of health services or risk; insurers then use this assessment to determine whether they will offer coverage and the premium they will charge. Policymakers have identified underwriting and related practices in non-group markets as a target for reform to enable broader access for the currently uninsured. This publication reviews the characteristics of non-group markets and insurers' …

Stepping Beyond The Smith Plaintiffs‘ Reliance On Corso: An Alternative Approach To Recovering Emotional-Distress Damages In Wrongful-Birth Cases In New Hampshire, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “More than twenty years ago, in Smith v. Cote, the New Hampshire Supreme Court held “that New Hampshire recognizes a cause of action for wrongful birth.” After so holding, the court then discussed the damages available to a prevailing wrongful-birth plaintiff. Among other things, the court held that when parental emotional distress associated with raising a disabled child, born after the mother had received negligent pre-natal assurance of the baby‘s normal health, “results in tangible pecuniary losses, such as medical expenses or counseling fees, such losses are recoverable.” The court further held that a wrongful-birth plaintiff may not recover …

Self-Assessment/Planning Tool For Implementing Recovery-Oriented Mental Health Services (Sapt), James Winarski, Michael G. Dow, Patrick Hendry, Patricia Robison, Roger H. Peters

Mental Health Law & Policy Faculty Publications

No abstract provided.

Utilization Of The Most Costly And Intense Mental Health Services Among Children In Out-Of-Home Care, Svetlana Yampolskaya, Paul E. Greenbaum, Colleen Clark, Richard Briscoe

Mental Health Law & Policy Faculty Publications

No abstract provided.

Resilience And Renaissance: Efforts To Rebuild A Healthier New Orleans, Michele J. Orza, Jessamyn Taylor

National Health Policy Forum

The National Health Policy Forum sponsored a site visit to New Orleans, Louisiana, in May 2009 to explore the city's health challenges, which are similar to those faced by other cities but were all greatly exacerbated by Hurricane Katrina and its aftermath. The agenda focused on three themes: primary care and behavioral health services availability and access, public health preparedness, and rebuilding healthier communities. It examined how these themes and others intersect in two distinct communities within New Orleans: the Holy Cross community surrounding the Lower Ninth Ward Center for Sustainable Engagement and Development and the community surrounding the Mary …

The Children's Health Insurance Program (Chip): The Fundamentals, Jennifer Ryan

National Health Policy Forum

This background paper provides a brief overview of the fundamental elements of the Children’s Health Insurance Program (CHIP). CHIP, which served more than 7 million children in federal fiscal year 2008, is a jointly funded federal-state partnership that was originally enacted in 1997 as a complement to the Medicaid program. CHIP is designed to provide health insurance coverage for children in families who earn too much to qualify for Medicaid but cannot afford to purchase private insurance coverage. The program was reauthorized in the Children’s Health Insurance Program Reauthorization Act (CHIPRA) of 2009, which included several changes and additions to …

Show Me The Money: The Implications Of Schedule H, Eileen Salinsky

National Health Policy Forum

Responding to policymakers' concerns, the Internal Revenue Service (IRS) implemented significant new hospital community benefit reporting under Schedule H of its revised Form 990, the return used by tax-exempt organizations. This issue brief considers the policy implications of the quantitative and qualitative information that hospitals are now mandated to report through Schedule H, including the costs associated with charity care, bad debt, and the unreimbursed costs of Medicaid and Medicare. The paper examines unresolved issues related to the new reporting requirements, such as controversies regarding the scope of Schedule H, and considers the potential for these reports to influence IRS …

Schedule H: New Community Benefit Reporting Requirements For Hospitals, Eileen Salinsky

National Health Policy Forum

In recent years, some policymakers have questioned whether not-for-profit hospitals benefit the communities they serve at a level commensurate with the tax exemptions they receive as charitable organizations. This background paper reviews the new community benefit reporting requirements hospitals will face in 2009 under Schedule H of the Internal Revenue Service's revised Form 990 (the return used by organizations exempt from federal income tax). The paper provides a descriptive summary of the quantitative and qualitative information to be reported on Schedule H, such as charity care, bad debt, and the unreimbursed costs of Medicaid and Medicare.

Coordinating Care For People With Multiple Chronic Conditions: The Guided Care Model And Other Innovative Approaches, Judith D. Moore, Carol O'Shaughnessy

National Health Policy Forum

The Forum sponsored two site visits to explore the Johns Hopkins University's research and demonstration program on Guided Care, in April and August 2009. Guided Care is a patient-centered medical home model that uses an interdisciplinary approach to coordinating health care for older people with multiple chronic conditions. Guided Care nurses located in primary care practices work with Medicare patients on a long-term basis, coordinate their care among various providers, provide transitional care, and assist patients with self-management skills. Site visit participants learned about the complexities of caring for frail Medicare patients, some of whom see multiple physicians and other …

The Medicaid Drug Rebate Program, Christie Provost Peters

National Health Policy Forum

The Medicaid Drug Rebate Program helps lower Medicaid spending on outpatient prescription drugs by ensuring states receive discounts similar to those provided to private purchasers. Based on manufacturer reported pricing data, Medicaid drug rebates generate significant revenue for the states (and the federal government) that helps offset Medicaid prescription drug expenditures. This publication describes the Medicaid Drug Rebate Program and reviews how it works.

Entitlements: Not Just A Health Care Problem, Andrew G. Biggs

The University of New Hampshire Law Review

[Excerpt] “A new consensus on entitlement reform has developed in Washington: rising per-capita health care spending is the only real crisis besetting the government‘s entitlement programs, while America‘s aging population and Social Security play minor roles at best. Some cite this view to shift the policy emphasis from entitlement cost control to the restructuring of the U.S. health sector, including private health care. But this new consensus is flawed. Using standard accounting practices and including all major government entitlement programs, population aging will play an equal role with health care cost growth over the next seventy-five years and a significantly …

Mid-Atlantic Ethics Committee Newsletter, Spring 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Revisiting The Regulation Debate: The Effect Of Food Marketing On Childhood Obesity, Nicole E. Hunter

The University of New Hampshire Law Review

[Excerpt] “Despite the widespread concern regarding childhood obesity, there is broad divergence of opinion regarding responsibility for the crisis. Whether the government, food industry, or parents are accountable has become the focus of much debate. Public health groups have attempted various strategies to confront childhood obesity, such as litigation, legislation, and government regulation. While many researchers and advocates agree that government should play an affirmative role with respect to childhood obesity, they are very much divided over what that role should be. For example, although none of these acts has become law, eighty-six bills have been proposed regarding obesity since …

Defining Family: Naming, Orientation, And Redemption In The Case Of Terri Schiavo, M. Chad Mcbride, Karen L. Taas, Paige W. Toller

Communication Faculty Publications

This paper undertakes a detailed analysis of the Terri Schiavo case as it was covered in popular media. Drawing on Burkean theory, we argue a critical issue in the case was a struggle between Terri's parents and husband to be seen as the more legitimate family in order to determine the duration and extent of Terri 's medical care. We discuss how the private debate over Terri's health and the decision to remove her feeding tube entered into the public scenes of legal and political action. This shift to the public scene represented problems for the parties directly involved in …

Health Care-Associated Infections: Is There An End In Sight?, Lisa Sprague

National Health Policy Forum

Health care–associated infections (HAIs) have emerged as a significant concern in policy as well as clinical circles. An HAI is an infection acquired during treatment for another condition. Some of the HAI-causing bacteria have become drug-resistant; methicillin-resistant Staphylococcus aureus, or MRSA, is a familiar example. Tied to perhaps 100,000 deaths and $20 billion in health care costs each year, HAIs have given rise to state laws, legislative proposals at the federal level, public-private initiatives, and work at the hospital system and individual hospital level. However, much remains to be done. This issue brief reviews the prevalence of HAIs and the …

A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki

All Faculty Scholarship

State medical boards derive their licensure and disciplinary authority from the police powers reserved to the states under the 10th Amendment. Though it is clear that public health, safety, and welfare are well-served by the educational and examination requirements uniformly imposed upon medical professionals, many medical practice acts also authorize discipline for professional misconduct that does not directly implicate clinical competence or patient safety - for example, being convicted of a felony or a crime of moral turpitude, failing to comply with a child support order, providing expert opinion to a court without reasonable investigation, ordering unnecessary laboratory tests, engaging …

Emergency Commitment Of Very Young Children, Annette Christy, Brittany Handelsman

Mental Health Law & Policy Faculty Publications

No abstract provided.

What Is Complementary And Alternative Medicine, Michael Weir

Michael Weir

This chapter provides a definition of Complementary and Alternative Medicine and Orthodox Medicine and deals with the fundamental criteria at the basis of the CAM healing philosophy. The current usage of CAM and its philosophy sets the scene for the conflicts with OM discussed in later chapters.

The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison

Dr. C. Keith Harrison

An experiment was conducted to examine factors that moderate the experience of academic identity threat among college athletes who represent a stigmatized group on most college campuses (Yopyk & Prentice, 2005). It was hypothesized that because they are more engaged in academics, female college athletes would be especially threatened by the prospect of confirming the “dumb-jock” stereotype. As predicted, female college athletes performed more poorly when their athletic and academic identities were explicitly linked, but only on moderately difficult test items. The results also revealed that male college athletes performed significantly better (see stereotype reactance and self-affirmation) on more difficult …

The Not-So-Safe Drinking Water Act: Why We Must Regulate Hydraulic Fracturing At The Federal Level, Angela C. Cupas

William & Mary Environmental Law and Policy Review

No abstract provided.

20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

The Life Science Lawyer, Erin Albert

Butler University Books

Health care and life sciences are increasingly complex. There are many global players in life sciences and healthcare-patients, governments, hospitals, managed care companies, pharmaceutical, biotechnology, and medical device companies and pharmacies are only a few. With this increasing complexity comes a higher demand for hybrid professionals who can translate both the science as well as the legal issues surrounding this complicated environment. In the US, there are thousands of life science lawyers--people who have both a scientific/healthcare background and also who have gone on to law school (or in one case, vice versa). This book explores the following through interviews: …

Reauthorizing Schip: A Summary Of Selected Issues, Jennifer Ryan, Cynthia Shirk

National Health Policy Forum

This document provides a brief overview of some of the policy and programmatic issues that were addressed in legislation to reau¬thorize the State Children’s Health Insurance Program (Title XXI of the Social Security Act) during the summer and fall of 2007. This overview provides a background for understanding the elements for a second round of reauthorization that will likely be debated in the early days of the 111th Congress. The paper reviews several of the key issues under discussion and summarizes some of the related provisions in the reauthorization bills that were considered in 2007.

Promoting, Prescribing, And Pushing Pills: Understanding The Lessons Of Antipsychotic Drug Litigation, Douglas Mossman Md, Jill L. Steinberg

Faculty Articles and Other Publications

Ineffectiveness of prescription drugs, hidden drug hazards, and advertising violations have led to several drug recalls and numerous lawsuits against pharmaceutical companies in recent years. These suits have involved several varieties of medications, but psychoactive medications have figured especially prominently. A recent $1.4 billion settlement by Eli Lilly & Company related to improper promotion of its top-selling drug olanzapine included the largest individual corporate criminal fine in U.S. history.

Improper promotion is far from the sole reason why olanzapine and other “second-generation” antipsychotic (SGA) drugs have become so successful. Rather, the widespread adoption of SGAs represents a collective judgment error …

The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Can International Law Secure Women’S Health? An Examination Of Cedaw And Its Optional Protocol, Dhrubajyoti Bhattacharya

Nursing and Health Professions Faculty Research and Publications

No abstract provided.