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07/28/2015

Jahi McMath – Court May Allow Family to Prove She is Now Alive

This Thursday at 2:00, in Department 20 of the Alameda County Superior Court, Judge Freedman will hold a hearing on the medical defendants' demurrer to the medical malpractice complaint by the family of Jahi McMath.   The focus of the hearing wil...

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07/28/2015

A Friendly Reminder [EOL in Art 78]

I was delighted to see Bert Rodrguez's 2005 "A Friendly Reminder" at the Boca Raton Museum of Art this week.

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This entry was posted in Health Care and tagged , . Posted by Thaddeus Mason Pope. Bookmark the permalink.

07/27/2015

Medicare’s Proposed Rule Is Just the First Step

<p style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;"><span style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;">As Jane Jankowski, DPS, LMSW discussed in her <a href="/BioethicsBlog/post.cfm/medicare-considers-the-value-of-advance-care-planning">last AMBI blog</a> posted on June 16, 2015, the proposed rule to reimburse providers for conversations with patients about advance care planning takes a positive step toward educating patients on end-of-life medical considerations by incentivizing doctors to take the time to address these issues in the clinical setting.  Assuming that such reimbursements depend only on raising the topic of advance care planning with patients and not on the content of a patient’s choices (such as whether or not a patient chooses to forego treatment), encouraging health care providers to discuss health care decision making in advance with patients can go a long way to support patient autonomy and provide helpful guidance to surrogate decision-makers when a patient lacks capacity.  Doctors often cite lack of time as a reason why they do not address advance directives in the clinical setting, but this rule would compensate doctors for their time, allowing them more flexibility in allocating time to address these issues.  However, the proposed rule does nothing to ensure that the providers having these conversations are equipped with the proper tools and training to do so.</span></p> <p style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;"><span style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;">Advance directives, although they address the provision of medical treatments, are legal documents that can be complex and far-reaching, and therefore are not necessarily self-explanatory to patients or providers.  Many states offer a statutory form advance directive as an example, but all too often these forms may be merely printed by a provider and given to patients to sign without sufficient explanation.  These forms vary in their scope, but some sample living wills, such as forms from </span><a style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;" href="http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=16&amp;art=30#30">West Virginia</a><span style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;"> and </span><a style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;" href="http://aging.sc.gov/SiteCollectionDocuments/L/LivingWill2014.pdf">South Carolina</a><span style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;">, are little more than a declaration that no life-sustaining treatments should be provided.  Other states, such as</span><a style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;" href="http://www.michiganlegalaid.org/library_client/resource.2006-07-27.3541829543/html_view">Michigan </a><span style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;">and </span><a style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;" href="http://www.massmed.org/Patient-Care/Health-Topics/Health-Care-Proxies-and-End-of-Life-Care/Important-Differences-Between-Health-Care-Proxies-and-Living-Wills/">Massachusetts</a><span style="font-size: 11.1999998092651px; line-height: 19.0400009155273px;">, have no law giving legal recognition to living wills at all.  It is possible that patients may be given forms such as these and not understand that they have the option to declare that they wish to receive particular life-sustaining treatments if they are terminally ill.  It is also possible that patients who do not want to limit treatment will decline to sign any advance directive at all, believing that such documents serve only to support a decision to forego treatment at the end of life, and not a decision to receive some or all interventions.  In such situations, merely starting the conversation may not be enough to help patients effectively articulate their wishes, whatever those wishes may be.</span></p> <p><span style="color: #34405b; font-family: Arial, Helvetica, sans-serif; line-height: 19.0400009155273px; font-size: 12px;"><strong>The Alden March Bioethics Institute offers a Master of Science in Bioethics, a</strong> </span><strong style="color: #34405b; font-family: Arial, Helvetica, sans-serif; line-height: 19.0400009155273px; font-size: 12px;">Doctorate of Professional Studies in Bioethics, and Graduate Certificates in Clinical Ethics and Clinical Ethics Consultation. For more information on AMBI's online graduate programs, please visit our <a style="color: #000099; text-decoration: underline;" href="/Academic/bioethics/index.cfm">website</a>.</strong></p>

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07/27/2015

Investigating Two Claims Against Planned Parenthood: Center of Medical Progress’s Secret Videos

by Craig Klugman, Ph.D.

Before you being reading, I have a disclaimer: Growing up, my mother worked for Planned Parenthood. As a nurse, she practiced in their clinics offering well women services, counseling, and contraception. After many years, she went on to direct their clinic’s in vitro fertilization program. I also heard the word “Planned Parenthood” stated with a quick northeastern accent. Said that way, as a child, I thought the place was called “Plant Parenthood” and wondered what plants had to do with women’s health.

Ironically, despite the numerous bomb threats while she worked there, her clinic did not perform abortions.…

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07/27/2015

Update: The Growing Need for a Systematic Approach to Compensation for Research-Related Injuries

(This post also appears on the Penn Wharton Public Policy Initiative) In December 2011, the Presidential Commission for the Study of Bioethical Issues (the Bioethics Commission) released its report Moral Science: Protecting Participants in Human Subjects Research. In it, the Commission responded to a charge from the President to determine if federal regulations and international […]

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This entry was posted in Health Care and tagged , . Posted by Perry Goffner. Bookmark the permalink.

07/27/2015

Illness & Healing: Images of Cancer [EOL in Art 77]

Robert Pope (no relation) published this 140-page volume in 1995.  The 92 illustrations evoke the dependence, fear, loneliness, pain, and even the mutilation surrounding cancer illness and therapy. These disturbing, unhappy images are difficult f...

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07/27/2015

More California Brain Death Disputes

In addition to the Jahi Mcath case, I was recently blogged about a few other brain death disputes in California.   Johah Panduro Lisa Avila I discussed a few other CA cases in this talk in Los Angeles Last week, there was yet another court cas...

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07/26/2015

Atul Gawande’s Look at Mortality, Part 2

I was invited to write a review of the book, Being Mortal, by Atul Gawande recently. While not a Christian book, it addresses end of life issues of interest to all involved with bioethics. This is the second half of the review, the first of which can be found here. Nearly half of Gawande’s book reflects on final things, on letting go of life in... // Read More »

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This entry was posted in Health Care and tagged , , , . Posted by Jerry Risser. Bookmark the permalink.

07/26/2015

Health Law at SEALS Annual Conference

I am at the Waldorf Astoria Boca Raton for the SEALS Annual conference.  

There are five long sessions focused on health law on Monday, Tuesday, and Wednesday.


The Health Care System of Tomorrow

The future of the health care system depends on effective policy implementation tailored to the evolving landscape of regulatory constraints, delivery models, emerging technologies, and changing population needs. This panel will identify current legal and policy barriers to effective functioning of the health care system. Specific areas of coverage include critiques of current (1) Medicare financing of graduate medical education, as both outdated and contributing to provider shortages in critical areas; (2) Medicaid coverage policies that prevent adequate home and community based services; (3) approaches to regulating reproductive technologies, including oocyte cryopreservation and posthumous reproduction; and (4) Medicare payment policies that fail to recognize hospital influence on out-of-hospital treatment.
Presenters
  • Kelly Dineen - Saint Louis University School of Law
  • Laura Hermer - Hamline University School of Law
  • Browne Lewis - Cleveland State University, Cleveland-Marshall College of Law
  • Jessica Mantel - University of Houston Law Center
  • Seema Mohapatra - Barry University, Dwayne O. Andreas School of Law
  • Stacey Tovino - University of Nevada, Las Vegas, William S. Boyd School of Law

Hot Issues in Law and Bioethics
Medical practice realities interact with law and ethics to profoundly impact patients and the nature of policy development. This discussion will focus on illustrative examples, including (1) end-of-life decision making (physician aid in dying, determination of brain death, assisting patients with advance directives, and the legacy of Schiavo), (2) the impact of difference, disability, and non-typical functioning on appropriate and equitable treatment, (3) the meaning of informed consent in different contexts, (4) public health approaches that negatively impact individuals, (5) genetic and reproductive technologies, and (6) routine provider practices that harm patients. The participants will discuss the implications of these and other issues, share current research, and recommend possible directions for inquiry and action.
  • Jennifer Bard - University of Cincinnati College of Law
  • Zack Buck - Mercer University Law School
  • Kathy Cerminara - Nova Southeastern University, Shepard Broad College of Law
  • Kelly Dineen - Saint Louis University School of Law
  • Fatma Marouf - University of Nevada, Las Vegas, William S. Boyd School of Law
  • Seema Mohapatra - Barry University, Dwayne O. Andreas School of Law
  • Moderator - Thaddeus Pope - Hamline University School of Law
  • Jessica Roberts - University of Houston Law Center
  • Joanna Sax - California Western School of Law
  • Stacey Tovino - University of Nevada, Las Vegas, William S. Boyd School of Law
  • Jessica Mantel - University of Houston Law Center
  • Bryn Esplin - Cleveland Clinic

King v. Burwell
King v. Burwell was one of the biggest cases decided by the Supreme Court this term. The case was the second major Obamacare decision by the Supreme Court and centered on whether the federal government can give subsidies to people who obtain health insurance on an exchange operated by the federal government in a state that has declined to set up its own exchange. The case raises questions about judicial review of agency statutory interpretation under the Chevron doctrine, states’ rights, and the Court’s interpretive posture with respect to major acts of Congress. Discussants from the disciplines of constitutional law, administrative law, health law, and tax law discuss the implications of the Court's decision.

  • Josh Blackman - South Texas College of Law
  • Erin Fuse Brown - Georgia State University College of Law
  • Andy Hessick - University of Utah, S.J. Quinney College of Law
  • Abigail Moncrieff - Boston University School of Law
  • Eric Segall - Georgia State University College of Law
  • Sidney Watson - Saint Louis University School of Law
  • Russell Weaver - University of Louisville, Louis D. Brandeis School of Law
  • Elizabeth Weeks Leonard - University of Georgia School of Law


New Scholars Colloquia - Healthcare Law
  • Professor Marie Boyd, University of South Carolina School of Law, Serving Up Allergy Labeling: A Proposal (Mentor: Professor Louis Virelli, Stetson University College of Law)
  • Professor Zack Buck, Mercer University Law School, The Fractured Fiduciary: Recasting the Duties of the Physician (Mentor: Professor Elizabeth Pendo, St. Louis University School of Law)
  • Professor Cora Walker, Saint Louis University School of Law, Medicaid Waivers: States as Laboratories for Payment and Delivery System Innovation to Address Disparities (Mentor: Professor Stacey Tovino, University of Las Vegas William S. Boyd School of Law)
  • Moderator - Alena Allen, University of Memphis, Cecil C. Humphreys School of Law

Current Issues in Reproductive Rights
In October 2014, Apple and Facebook announced that they would begin paying for egg freezing for their employees. Whether hailed as progress or a setback on women's rights, the announcement is symbolic of the significance of reproductive technologies to contemporary families. The law, however, lags behind technological developments. This discussion group will address the variety of legal issues that come about with technological advances in reproductive technology, such as parentage issues with sperm and egg donors, non-invasive prenatal diagnostic testing, commercial surrogacy, and proposed restrictions on assisted reproductive technologies. This discussion group will also address other issues related to reproductive rights, including Roe v. Wade then and now and the personhood movement.
  • Naomi Cahn - The George Washington University Law School
  • Judith Daar - Whittier Law School
  • Linda Fentiman - Pace University School of Law
  • Seema Mohapatra - Barry University, Dwayne O. Andreas School of Law
  • Jeffrey Parness - Northern Illinois University College of Law
  • Mary Ziegler - Florida State University College of Law
  • Browne Lewis - Cleveland State University, Cleveland-Marshall College of Law
  • Meredith Harbach - University of Richmond School of Law

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This entry was posted in Health Care and tagged , . Posted by Thaddeus Mason Pope. Bookmark the permalink.

07/26/2015

The Nursing Home – for Superheroes [EOL in Art 76]

When American superheroes get too shabby, they are sent to Gilles Barbier's "Nursing Home."  The work refers quite straightforwardly to our societies' obsession with eternal youth. Should medical research be geared towards the fight against the l...

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