Literature Review
All posts tagged with “Public Policy News | Laws / Legal.”
You cannot come to New Jersey to die, judge says
09/23/24 at 03:00 AMYou cannot come to New Jersey to die, judge says New Jersey 101.5; by Eric Scott; 9/20/24 Terminally ill individuals may not travel to New Jersey to end their lives. When New Jersey's Aid in Dying law took effect in 2019, it included a provision that doctors verify a patient's residency before prescribing them medications that will end their lives. A federal judge has ruled the residency requirement does not violate the U.S. Constitution. The ruling came after terminally ill cancer patients from Delaware and Pennsylvania sued. They wanted to travel to New Jersey to end their lives. ...
CMS submits 75,000 pages to federal court to justify nursing home staffing mandate
09/17/24 at 03:00 AMCMS submits 75,000 pages to federal court to justify nursing home staffing mandate McKnights Long-Term Care News; by Kimberly Marselas; 9/15/24 The Department of Health and Human Services filed more than 75,000 pages of rule-making records with a federal court Friday, beginning its formal defense of its controversial nursing home staffing mandate. The submission of the administrative record is the first significant advance in the case since the American Health Care Association brought its challenge to the minimum staffing standard in late May. The Texas Health Care Association, three Texas providers and LeadingAge are also part of the case. In another development, District Court for the Northern District of Texas Judge Matthew Kacsmaryk on Sept. 10 agreed to fold in a separate federal challenge against the staffing mandate filed by the state of Texas. He noted that the two cases “share common questions of law or fact, consist of similar parties, the same claims, and [have] the same relief sought.”
Vaccine mandates for health care workers—An effective policy tool for past and future pandemics
09/14/24 at 03:35 AMVaccine mandates for health care workers—An effective policy tool for past and future pandemics JAMA Open Network; John B. Lynch, MD, MPH; 8/24COVID-19 vaccines reduce the risk of infection, severe disease, long COVID, and death. Although COVID-19 vaccines were free and obtainable in 2021 and as early as December 2020 for some health care workers (HCWs), a considerable proportion of people in the US chose not to get vaccinated. Wang and colleagues investigated this challenging and critically important question: do public policies that required health care workers to get vaccinated increase vaccine uptake? ... by the second week after a mandate was implemented, Wang et al found an increase in the proportion of HCWs ever vaccinated or who had completed or intended to complete the primary vaccination series. These results join those of other studies that found an association between vaccine mandates and increased vaccinations in specific populations. Studies like that by Wang et al provide more information that could be used to design mandates and communicate the impact of future mandates, providing much needed and better measures of the perceived tradeoffs of governmental action in preparation for the next pandemic and in the prevention of nonpandemic infectious diseases.
How Texas healthcare facilities can prepare for new workplace violence prevention standards for healthcare workers
08/19/24 at 03:00 AMHow Texas healthcare facilities can prepare for new workplace violence prevention standards for healthcare workers JW News; by Jeffrey H. Frost; 8/14/24 ... On May 15, 2023, Governor Abbott signed SB 240, relating to workplace violence prevention in certain healthcare facilities. ... Texas healthcare facilities must meet Chapter 331 workplace violence prevention requirements by September 1, 2024. ... Covered facilities [which includes hospice] must establish a workplace violence prevention committee, prevention plan, and policy. ... At a minimum, the prevention plan must: (i) be tailored to the practice setting; (ii) define “workplace violence”; (iii) provide for annual training; (iv) review physical security and safety; (v) create a reporting system; and (vi) adjust the care assignments (if possible) of employees and providers who have been assaulted or threatened. Editor's Note: For non-Texas hospice and palliative providers, what Workplace Violence Prevention Plan do you have in place, or not? This article provides excellent information and action plans for you to use.
[NJ] Governor Murphy signs "Louisa Carman Medical Debt Relief Act”
07/26/24 at 03:00 AM[NJ] Governor Murphy signs "Louisa Carman Medical Debt Relief Act” Official Site of the State of New Jersey; 7/22/24 Governor Phil Murphy today signed the Louisa Carman Medical Debt Relief Act which will help New Jersey families avoid falling into medical debt and protect individuals from predatory medical debt collectors. The Louisa Carman Medical Debt Relief Act is named in honor of a member of the Governor’s Office who helped craft the proposal before tragically passing away in a car accident on New Year’s Day at the age of 25. Joined by Louisa’s family and advocates, the Governor signed the bill, advancing his Administration’s efforts to make New Jersey’s health care system more accessible and more affordable for more people.
Vital Signs: Digital Health Law Update | Spring 2024
07/24/24 at 03:00 AMVital Signs: Digital Health Law Update | Spring 2024 Jones Day - Vital Signs; by Vital Signs' Editors; July 2024Welcome to Vital Signs, a curated compilation of the latest legal and regulatory developments in digital health. [Topics include the following:]
County Commissioners question providing nonprofits with funding
07/18/24 at 03:00 AMCounty Commissioners question providing nonprofits with funding Times Union Online, Kosciusko County, IN; by David L. Slone; 7/16/24 The future of Kosciusko County government providing funding to local nonprofit organizations is uncertain. Tuesday, after some discussion on the appropriateness of the county giving taxpayer dollars to nonprofits, the Kosciusko County Commissioners approved recommending to the County Council that seven nonprofits receive the same amount of funds in 2025 as they did in 2024. [Among the organizations listed is] Stillwater Hospice, $50,000. ... [Commissioner Cary] Groninger said the county council would have the final say on the nonprofit funding. ... [Commissioner Brad] Jackson said the decision was a tough one and they didn’t just want to stop providing funding without giving the nonprofits notice.
Chevron deference derailed
07/15/24 at 03:00 AMChevron deference derailed The Rowan Report; by Kristin Rowan; 7/12/24 ... Chevron Deference in Home Health: Since the advent of the PDGM model, CMS has calculated payment rates based on its interpretation of budget neutrality. The National Association for Home Care and Hospice [NAHC] has disputed the validity of both the interpretation of budget neutrality and the formulas used to calculate it. Last year’s 2024 CMS Proposed Rule cut payment rates even further with a 2.890% Budget Neutrality permanent payment rate adjustment and a temporary rate adjustment to account for alleged overpayments from 2020-2022. The lawsuit filed against CMS in response to the 2024 Final Rule was dismissed. NAHC began pursuing an administrative review with CMS. [Click on the title's link to continue reading the discourse between CMS and NAHC, specific to home health.]
The Physician-Focused Payment Model Technical Advisory Committee (PTAC) listening session 2: Complex chronic conditions [including Ira Byock, MD, FAAHPM, and Betty Ferrell, RN, PhD]
07/10/24 at 03:00 AMThe Physician-Focused Payment Model Technical Advisory Committee (PTAC) listening session 2: Complex chronic conditions [including Ira Byock, MD, FAAHPM, and Betty Ferrell, RN, PhD]Press release; 7/4/24PTAC held a 2-day meeting on Addressing the Needs of Patients with Complex Chronic Conditions or Serious Illnesses in Population-Based Total Cost of Care (PB_TOC) Models. [Presentations include Ira Byock, MD, FAAHPM: Patient perspectives & doctors' roles in caring well through the end of life (timestamp 33:53) and Betty Ferrell, RN, PhD: Optimizing the mix of palliative care and end-of-life care in PB-TCOC Models (timestamp 48:32).]
NAHC re-files lawsuit against HHS, CMS over home health cuts
07/02/24 at 03:00 AMNAHC re-files lawsuit against HHS, CMS over home health cuts Home Health Care News; by Joyce Famakinwa; 6/28/24 The National Association for Home Care & Hospice (NAHC) hasn’t given up on efforts to push back on Medicare home health payment calculations. NAHC has re-filled its lawsuit against the U.S. Department of Health and Human Services (HHS). The lawsuit focuses on the home health PDGM budget neutrality adjustment, which imposed both permanent and temporary calculations with a methodology that NAHC believes is noncompliant with the law. The original lawsuit was filed last summer, and in April the case was dismissed by a federal court in Washington D.C. The case was dismissed on the basis that NAHC did not fully exhaust administrative appeal remedies. ... There are a number of factors that made NAHC decide to re-file the lawsuit, according to [NAHC President, William A.] Dombi. “No. 1, it will be faster,” he said. “No. 2, we are highly likely to get the same judge, as there’s a related litigation standard in an assignment of cases,” he said. One of the biggest factors that heavily contributed to NAHC’s decision was the Supreme Court ruling, which upended the Chevron Doctrine.
Optum to pay $20M to settle improper prescription allegations
07/02/24 at 03:00 AMOptum to pay $20M to settle improper prescription allegations Becker's Hospital Review; by Rylee Wilson; 6/28/24 OptumRx will pay $20 million to settle allegations it improperly dispensed some opioid medications, the Justice Department said June 27. The settlement resolves an investigation into if OptumRx improperly filled certain opioid prescriptions between 2013 and 2015. The Justice Department alleged the pharmaceutical benefit manager improperly dispensed opioids in combination with other drugs, including benzodiazepines and muscle relaxants, from its mail-order pharmacy operations in Carlsbad, Calif. Opioids prescribed alongside benzodiazepines and muscle relaxants are commonly referred to as "trinity" prescriptions. These prescriptions raise red flags that the drugs may not be for legitimate medical use, and could lead to the diversion of controlled substances, the Justice Department said. In its investigation, the department alleged OptumRx dispensed trinity prescriptions without resolving red flags. OptumRx does not admit liability as part of the settlement.
How the Supreme Court’s Chevron Decision could help stop home health cuts
07/02/24 at 03:00 AMHow the Supreme Court’s Chevron Decision could help stop home health cuts Home Health Care News; by Andrew Donlan; 6/28/24 On Friday, the U.S. Supreme Court upended the Chevron doctrine precedent. For home health industry purposes, that means a potentially weakened Centers for Medicare & Medicaid Services (CMS) moving forward. The news comes just two days after the home health proposed payment rule was released, which included significant cuts for the third straight year. Broadly, moving away from the Chevron precedent – usually known as the Chevron doctrine – will mean less regulatory power for government agencies. Government agencies often take their own interpretations of certain laws and statutes, and then act upon those interpretations. ... The National Association for Home Care & Hospice (NAHC) already filed a lawsuit against the U.S. Department of Health & Human Services (HHS) and CMS over rate cuts in 2023. “In our own analysis, we believe that providers of home health have been underpaid as it relates to budget neutrality,” NAHC President William A. Dombi said when the lawsuit was filed. “At minimum, we would expect to see the rate cuts from 2023, that were permanent readjustments to the base rate, and the one proposed for 2024, along with the temporary adjustments … to go away. The end product of that is that we would have a stable system to deliver home health services to Medicare beneficiaries.”
Nurse charged with stealing pills while taking care of hospice patient
05/27/24 at 03:00 AMNurse charged with stealing pills while taking care of hospice patient Fox56; by Emily Cherkauskas; 5/22/24Pennsylvania State Police say a registered nurse stole hundreds of prescription pills while taking care of a hospice patient. According to Pennsylvania State Police, on Feb. 12, troopers were contacted by the director of operations at the Amedisys Home Health / Hospice Care. Troopers were told that Registered Nurse Ashley Laura Miller, 36, of Mohrsville, had become a suspect in the theft and diversion of Oxycodone and Ativan prescriptions. ... [Upon] the passing of the patient, an additional nurse noted that 200 Oxycodone and 30 Ativan pills were missing from the narcotics count. ... On Wednesday, May 22, Miller was arraigned with bail set at $5000.
Spread of assisted dying shines spotlight on difficult decisions
05/27/24 at 03:00 AMSpread of assisted dying shines spotlight on difficult decisions Financial Times; by Charlotte Middlehurst; 5/22/24 The right to control your death is a principle that societies have debated for centuries. But, as more countries prepare to legalise medically-assisted dying, the reality of allowing the practice is sparking fresh ethical arguments. Some form of assisted dying is now legal in 9 countries, as well as in 11 US states and parts of Australia. [Click on the title's link for data and discussion regarding international policies; concerns about increased "unassisted suicide"; rapid legislative/medical decisions; inducing death; devaluing the lives of disabled persons; ethical choices based on economic factors; doctors' choices; and more.]
Connecticut hospices obtain carveout from sweeping safety bill
05/20/24 at 03:00 AMConnecticut hospices obtain carveout from sweeping safety billMcKnight's Home Care; by Adam Healy; 5/15/24Grassroots advocacy paid off for Connecticut’s hospice providers. Last week, they successfully obtained a carveout from Senate Bill 1, which requires home-based healthcare providers to run background checks on all potential clients. “It was basically a total victory,” Barbara Pearce, chief executive officer of The Connecticut Hospice and the main proponent calling for a carveout, told McKnight’s Home Care Daily Pulse. “You’re never going to defeat Senate Bill One, because they said - in naming it - it’s their top priority. We just tried to take hospice off, and we did.” ... The bill would have unintentionally limited patients’ access to hospice care, Pearce said. By the time a background check could be conducted on a client, it may be too late to provide effective care for the patient. Furthermore, current staffing challenges hospices face would make compliance even harder, she noted.
Wide-ranging health care bill gets final approval from CT House
05/08/24 at 03:00 AMWide-ranging health care bill gets final approval from CT House CT Mirror - Connecticut's Nonprofit Journalism; by Jenna Carlesso; 5/6/24The House gave final passage Monday to a wide-ranging health care bill that would add protections for home care workers, boost preparedness for cyberattacks at medical facilities and establish new regulations for the state’s health information exchange, among other reforms. ... The sections on additional protections for home care workers were prompted by the murder of visiting nurse Joyce Grayson, who was killed in October while working at a halfway house in Willimantic. ... The bill requires home health aide agencies to collect certain client information upon intake and make it available to any employee assigned to the client. Information includes a history of violence against health care workers, domestic abuse, substance use, psychiatric history, any listing on a sex offender registry, the crime rate of the municipality the person lives in, and whether there are any weapons or safety hazards in the home. [Click on the title's link for more important information about this bill's safety measures.]
1st state passes law to decriminalize medical errors
04/29/24 at 02:15 AM1st state passes law to decriminalize medical errors Becker's Hospital Review; by Erica Carbajal; 4/25/24Kentucky Gov. Andy Beshear recently signed a bill into law that shields healthcare providers from being criminally charged for medical errors, making it the first state to do so. HB 159 ensures that healthcare providers, including nurses, "shall be immune from criminal liability for any harm or damages alleged to arise from an act or omission relating to the provision of health services." It includes exceptions for negligence and intentional harm. ... In wake of [this article's cited] case, nurses and medical groups nationwide — including the American Nurses Association and the Institute for Healthcare Improvement — have called for systemwide workforce and safety reforms to focus on harm prevention, arguing that the criminalization of errors would discourage workers from reporting mistakes. ... The Kentucky Hospital Association said it supports the new law.
Across the nation, the fight’s on to protect physician-led care
04/29/24 at 02:00 AMAcross the nation, the fight’s on to protect physician-led careAmerican Medical Association - AMA; by Kevin B. O'Reilly; 4/25/24After helping state medical associations and national specialty societies defeat more than 100 bills to inappropriately expand nonphysicians’ scope of practice in 2023, the AMA is again relentlessly joining its allies in organized medicine to continue the fight for physician-led, team-based care in this year’s legislative session. This intensive and effective advocacy effort has ranged across the country, as the AMA has helped battle scope creep in Alaska, Connecticut, Georgia, Oklahoma, New Hampshire and elsewhere.
Over 1,200 medical marijuana cards issued ahead of Qualla Boundary dispensary opening
04/18/24 at 03:00 AMOver 1,200 medical marijuana cards issued ahead of Qualla Boundary dispensary opening Blue Ridge Public Radio News, by Lilly Knoepp; 4/16/24 This Saturday, North Carolina will become the 39th state with access to medical marijuana as the Eastern Band of Cherokee opens the first marijuana dispensary in the state. The Great Smoky Cannabis Company will host a ribbon cutting ceremony followed by a grand opening at 10 a.m. A spokesperson for ECBI said preparations for the opening have involved a variety of stakeholders. ... In March, ... a total of 1,200 cards had been issued. Now, he says, there have been 3,000 applications submitted to the board.
The Maine Death with Dignity Act Annual Report - Data from calendar year 2023
04/16/24 at 03:00 AMThe Maine Death with Dignity Act Annual Report - Data from calendar year 2023 Produced by Data, Research, and Vital Statistics Maine Center for Disease Control and Prevention Department of Health and Human Services; 4/12/24 In accordance with 22 MRS § 2140(17), the Department of Health and Human Services (Department) [has generated and made available] to the public an annual statistical report of information collected under the Maine Death with Dignity Act. ... This report is for patients who completed a written request for medication to hasten their death in calendar year 2023. Patients who completed the oral request but not a written request within the calendar year will be included in the subsequent year’s report.
New documentary explores how Lower Moreland’s Terri Schiavo’s story captured the nation
04/08/24 at 03:00 AMNew documentary explores how Lower Moreland’s Terri Schiavo’s story captured the nation Delco.Today, by Tracey Romero; 4/3/24 Between Life & Death: Terri Schiavo’s Story, a new documentary about the right-to-die case of Lower Moreland Township native Terri Schiavo is streaming on Peacock, writes Brian Brant for People. Schiavo who lived in Florida with her husband lived in a persistent vegetative state for 15 years after experiencing cardiac arrest. The documentary explores the familial legal battle over whether or not Schiavo’s feeding tube should be removed.
Connecticut Appellate Court rules employer could discharge medical marijuana user impaired on the job
03/29/24 at 03:15 AMConnecticut Appellate Court rules employer could discharge medical marijuana user impaired on the job The National Law Review; by John G. Stretton, Nicole S. Mulé, Zachary V. Zagger of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; 3/27/24 On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified medical marijuana users.
Dr. Kevorkian was convicted of murder 25 years ago today: Examining the mixed legacy of a fighter for patient autonomy
03/27/24 at 03:00 AMDr. Kevorkian was convicted of murder 25 years ago today: Examining the mixed legacy of a fighter for patient autonomy Reason, by Jeffrey A. Singer; 3/26/24Today marks the 25th anniversary of Dr. Jack Kevorkian's conviction of second-degree murder for performing euthanasia on Thomas Youk, a Michigan man suffering from amyotrophic lateral sclerosis, or Lou Gehrig's Disease. ... Kevorkian, a medical pathologist, had been defying state laws by engaging in assisted suicide—he claimed to help more than 130 people die— often using machines. But this was different. Kevorkian was not assisting a suicide. Kevorkian videotaped himself injecting Youk with lethal chemicals. He was doing all the work. And despite having received Youk's informed consent, the Michigan Court considered it murder. ... Today, physician-assisted suicide is legal in 11 jurisdictions: California, Colorado, the District of Columbia, Hawaii, Montana, Maine, New Jersey, New Mexico, Oregon, Vermont, and Washington. ... Autonomous adults have the right to govern their bodies freely, provided they respect the equal rights of others. ... Active and passive euthanasia are grim exercises for physicians like me who decided to become doctors because we wanted to save lives. ... Editor's Note: Read more from this article that provides significant contexts for today's conflicts: historical, legal, medical, ethical, and geographical (USA and international) .
Noem signs bill removing some medical marijuana dispensary protections
03/22/24 at 03:00 AMNoem signs bill removing some medical marijuana dispensary protections SDPB Radio (South Dakota Public Radio), by Evan Walton; 3/19/24 Gov. Kristi Noem has signed a bill removing some protections medical cannabis facilitates now receive. Senate Bill 71 allows local law enforcement to inspect, search, seize, prosecute, or impose disciplinary action on medical cannabis dispensaries. This includes medical cannabis cultivation, manufacturing, and testing facilities.
Facing dementia: Clarifying end-of-life choices, supporting better lives
03/01/24 at 03:00 AMFacing dementia: Clarifying end-of-life choices, supporting better lives The Hastings Center; 2/28/24The report includes 10 recommendations for policymakers, research funders, clinical and legal practitioners, and professional societies. ... “Facing Dementia: Clarifying End-of-Life Choices, Supporting Better Lives” is the major product of a Hastings Center research project, codirected by Hastings senior research scholar Nancy Berlinger and President Emerita Mildred Z. Solomon.