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Biomedical subjects

M B Kapp

Publications and source records attributed to M B Kapp.

143 records · Page 8Linked to original sources
PubMed1981

Legal issues in faculty evaluation of student clinical performance.

Faculty evaluation of the clinical performance of medical students and residents is a great responsibility. However, many faculty members are reluctant to fulfill this responsibility with complete candor because of the fear of legal liability and lawsuits by dissatisfied students. This article examines current methods and uses of evaluation and problems created when they are incomplete or disingenuous. Legal issues arising in this process are then discussed, with emphasis upon the Supreme Court's 1978 Horowitz decision. Finally, the substantive and procedural implications of Horowitz for faculty practice are explained. It is argued that the law permits and encourages full and honest faculty evaluation of clinical performance.

Clinical Competence↗
PubMed1981

Protecting the personal funds of the mentally retarded: new federal regulations.

In July 1980 the federal government established new requirements for protecting the personal funds of residents of intermediate care facilities for the mentally retarded. The regulations grew out of dissatisfaction with state laws and with the Department of Health and Human Services' earlier regulations governing facilities receiving Medicare and Medicaid funds, and were a response to the Medicare-Medicaid Anti-Fraud and Abuse Amendments of 1977. The new regulations give patients the choice of managing their own financial affairs, appointing a representative to manage them, or authorizing the facility to hold, safeguard, and account for their funds. Facilities' responsibilities include informing residents of their rights and obligations concerning their funds, keeping records of all transactions involving funds held for residents, allowing residents or representatives reasonable access to funds and records, keeping residents' and institutional monies separate, and using existing agencies such as public guardians' offices to address the cases of incompetent residents who lack representatives. HHS has assigned primary enforcement responsibility to state Medicaid agencies.

Financial Management↗
PubMed1981

The rights of nursing home patients: possibilities and limitations of federal regulation.

Using as their point of departure the proposed nursing home standards recently published by the U.S. Department of Health and Human Services, the authors discuss the dilemma of regulating for human rights. Provisions considered for inclusion in the regulations are discussed in light of positions taken by regulators, providers and consumers. By highlighting the trade-offs involved, the authors point out the limitations of regulation in this emotion-laden area. Former Secretary Patricia Roberts Harris approved a final version of human rights provisions on her last day in office. However, in his first official act, her successor withdrew that approval.

Facility Regulation and Control↗
PubMed1981

Patient rights and mental health.

In an era of strong concern for patients' rights in medical care, particularly where mental health-related services are involved, it is useful for the health professional--the physician in particular--to have meaningful guidance in understanding the difficult legal, ethical and policy issues they face in their daily practice. This article discusses the patients' rights provisions of the recently enacted federal Mental Health Systems Act as one important source of such guidance.

Mental Health Services↗
PubMedDate not supplied

Economic influences on end-of-life care: empirical evidence and ethical speculation.

Although very little actual evidence on the issue is available, much ethical speculation has been voiced about the probable impact of the current cost containment-oriented economic climate in the United States on decisions that are being made and implemented in the context of end-of-life medical care. This article, after noting that numerous factors besides money drive the behavior of various actors in the health care system, turns to the economic influences on care for dying patients. These influences, both real and imagined, may be manifested in the amount of de facto health care rationing by age that occurs, the prevalent fears of older persons regarding both overtreatment and undertreament, the financial expectations as well as disappointments emanating from the practice of advance medical planning, and the paucity of options from which many impoverished individuals must choose at the end of their lives. It is too early to judge specifically the impact of managed care on end-of-life decisions, but positive opportunities as well as perils may materialize.

Advance Directives↗
PubMedDate not supplied

Living and dying in the Jewish way: secular rights and religious duties.

This article compares and contrasts the modern American secular emphasis on individual rights and autonomous decision making in the "right to die" context with the traditional emphasis on obligation to others and to God found in Orthodox Judaism. The approach of Conservative and Reform Judaism to decision-making about life-sustaining medical treatments also is explicated and used as the basis for posing a variety of questions regarding the proper balance and relative influence of religious and secular values for modern American Jews in grappling with the difficult ethical dilemmas posed by "right to die" scenarios.

Advance Directives↗