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Legal guidelines for the performance of abortions.

Abortion is a nationwide problem. This paper summarizes the original decisions of the Supreme Court and interprets those decisions and subsequent decisions of the various federal and state cases as they apply to physicians and hospitals. The legal duties, obligations, and responsibilities as well as the rights of health care providers in providing abortions to women are reviewed. The present status of the legal rights of parents, husbands, and fathers is discussed. The problems of payment for abortion services by third parties, welfare agencies, and insurance carriers are presented. The social impact of legalized abortion, the present status of abortion, and the legal guidelines for the performance of abortion are noted.

Abortion, Legal↗

The pathologist and the geriatric autopsy.

In the past forty years the autopsy rate in many large institutions has fallen drastically to a level of only 20-25 per cent. The large number of diagnostic errors revealed in autopsy records is in itself a cogent reason for a return to higher standards. The inhibitory effect of high cost would be modified by the use of central regional pathology services and by reimbursement from third-party insurance carriers. The end-result would be a higher quality of medical care for all patients, not excepting those in the geriatric age group.

Age Factors↗

Public sector health insurance trusts.

Public sector associations have successfully developed and run employee health insurance pools for almost 30 years, providing members with savings and flexibility not available from commercial health insurance carriers. This article looks at the models, technical tools and governance philosophy that have contributed to their success in a very challenging business environment.

Actuarial Analysis↗

Comprehensive vision care under third party programs: increased services and increased scrutiny.

Physician reimbursement under Medicare has been rising by about 15 percent each year. Part of this increase is due to an increase in unnecessary tests and procedures. To control provider billing, Congress passed legislation that will establish a Medicare fees schedule and expenditure targets. Increased surveillance and monitoring of Medicare claims are taking place. Diagnostic procedures are being questioned and denied when deemed inappropriate in relation to a diagnosis. Managed care techniques also are being implemented by private insurance carriers to prevent overutilization. Clinic practice guidelines are being developed by the health professions. Optometry, as well as all other health professions, will be subject to increased utilization and quality review.

Delivery of Health Care↗

Pediatric prescription pick-up rates after ED visits.

OBJECTIVE: To determine the compliance rate in filling outpatient medication prescriptions written upon discharge from the emergency department (ED). METHODS: Emergency department records of children during a 3-month period were examined along with pharmacy claim data obtained in cooperation with the largest insurance carrier in the community (private and Medicaid). Pharmacy claim data were used to validate the prescription pick-up date. RESULTS: Overall, 65% of high-urgency prescriptions were filled. The prescription pick-up rate in the 0-to 3-year age group (75%) was significantly higher than in the rest of the cohort (55%) ( P < .001). Children with private insurance were more likely to fill their prescriptions (68%) compared to children with Medicaid insurance (57%) ( P = .03). CONCLUSION: This study demonstrates that filling a prescription after discharge from an ED represents a substantial barrier to medication compliance.

Adolescent↗

Prospective screening of diagnostic testing: a valuable tool.

The elimination of unneeded services is a key to reducing medical costs and enhancing quality of care. Diagnostic tests have been a target of efforts to reduce costs primarily because they are discretionary and often appear to be unnecessary. Believing that the concept of prior review for many diagnostic tests is a good one, this pilot study sought to evaluate prospectively the propriety of diagnostic tests ordered during the first half of 1989 on individuals insured through a major insurance carrier. A physician review found that 21% of the tests were deemed inappropriate, leading to the conclusion that prospective review can be an effective means of screening inappropriately ordered tests.

Cost Savings↗

[Therapeutic trials in oncology. Legal aspects].

Therapeutic trials in the field of oncology regularly serve the dual purpose of expanding existing knowledge and meeting the doctor's obligation to provide medical care. Their objective is to check, modify or establish standards of treatment. In the form of clinical trials, they investigate the effects (efficacy, risks and other properties) of medicinal drugs. This applies both to new, as yet unapproved, drugs and also to drugs already in use, but now to be tested for an indication other than that for which they were originally approved. This applies to trials sponsored by the pharmaceutical industry and to studies not so sponsored. These clinical trials are subject to the regulations of pharmaceutical law (AMG), while others are assessed in accordance with the exemplary principles expressed in sec. 40 AMG. All therapeutic studies are required by pharmaceutical law or professional law to be reviewed by ethics committees (approval/advising). All such studies must comply with strict legitimation requirements of liability law. They may be carried out only when there has been a positive benefit/-risk assessment that promises results that are at least equal to those obtainable with standard treatment. Patient information requirements are strict and include the provision of information about alternative forms of treatment as well as about the absence of health insurance funding-where this applies- and the future funding of further treatment on termination of the study. Documentation obligations are extensive, and organizational requirements include the establishment of quality management. In the case of clinical trials, the conclusion of an insurance contract for the participants is mandatory, and in the case of other therapeutic studies urgently recommended. Therapeutic studies may be funded by statutory health insurance carriers within the framework of study regulations or quality assurance measures. This does not apply to clinical trials of drugs on behalf of the pharmaceutical industry.

Clinical Trials as Topic↗

Trends in temporomandibular joint surgery.

We examined a large population of patients undergoing temporomandibular joint (TMJ) surgery and provide a documentation of the average patient population, frequency of procedures, frequency of repeat procedures, and trends in open (arthrotomy) versus closed (arthroscopy) TMJ surgery. Data on 194 TMJ surgical procedures was extracted from line item claims information collected by Trigon Blue Cross/Blue Shield of Virginia. The frequency of arthroscopy increased during the study, while the incidence of arthrotomies remained relatively low. Approximately half of the hospitals statewide did not perform either procedure. There was a low frequency (3%) of repeat procedures. In the Commonwealth of Virginia, since the advent of TMJ arthroscopy, it has become the preferred surgical technique for treatment of internal derangement. There is a low incidence of repeat procedures for both types of treatment. Analysis of insurance carrier computer records is a valid technique for evaluating trends in surgical care.

Adolescent↗

Universal health insurance that really works: foreign lessons for the United States.

The United States has serious and worsening problems in the delivery and financing of health. The debate about reform has inspired many schemes that are persuasive in their presentation, but they are unrealistic: some cannot be enacted by Congress, others would not improve existing arrangements, most are imaginary inventions with uncertain outcomes. The most politically prudent and the most effective course is to emulate the methods used successfully and available for full analysis in other developed countries. America created its successful social security system in this fashion, and statutory health insurance should be added now. All or most groups would be required to join. Financing would come from social security payroll taxes, supplemented by government subsidies. Basic acute care services would be equally available to all. The existing insurance companies would remain as fiscal intermediaries. Doctors and hospitals would continue to work much as they do now. They would prosper from more utilization, few bad debts, and less administrative trouble. The payment and work of doctors would be governed by collective negotiations between the insurance carriers and the medical associations. The payment and work of hospitals would be governed by a mixture of government regulations and negotiations with the carriers. Costs would be controlled by coordinated decision making by the payers, the providers, and government. The system would not turn over services and financing to government.

Canada↗

Court-ordered reimbursement for unproven medical technology. Circumventing technology assessment.

OBJECTIVE--Because we found examples where courts of law ruled against insurance carriers that had been sued for reimbursement for unproven medical procedures, we conducted a case study to determine the reasoning behind these decisions that run counter to accepted medical science. Such actions circumvent health technology assessment and could contribute to escalating health care costs and poorer quality health care. DATA SOURCES--A literature search identified 17 cases between 1980 and 1989 in which an insurance company was sued to reimburse a patient who had received an unproven or questionable health technology; 14 of these suits were decided in favor of the plaintiff, and the insurance company was ordered to pay. Discussed in this article are six of these cases, two involving Laetrile (amygdalin), two involving immunoaugmentative therapy, and two involving thermography, technologies that had previously been assessed as not safe, not effective, or inadequately evaluated. DATA SYNTHESIS AND CONCLUSIONS--The circumstances determining how the courts arrive at these "unscientific" decisions fall into three general categories: (1) for legal reasons, the insurance contract is interpreted in favor of the insured; (2) the reluctance and/or inability, legal or otherwise, of the courts to use published scientific literature; and (3) the use of adversarial "expert" witnesses with potential conflicts of interest. To address this situation, we first urge the legal and insurance industries to cooperate in improving the contract language and process in a way that would be both legally and scientifically appropriate. Second, we encourage the courts to use and foster the use of published peer-reviewed scientific material as evidence whenever possible. Third, we recommend that the courts choose their own unbiased expert witnesses to interpret scientific material.

Amygdalin↗

The Health Maintenance Organization Act of 1973 (P.L. 93-222) and prepaid group practice plans.

Passage of the 1973 Health Maintenance Organization Act (P.L. 93-222) represents a significant effort by the Federal government to experiment with organizational change in the structure of the health care delivery system. The history of the bill is briefly reviewed. The most important sections of the bill are analyzed from the perspective of an existing prepaid group practice plan. The author concludes that the bill contains sufficiently stringent requirements that it will not result in a major increase in the number of Health Maintenance Organizations unless similar requirements are imposed on other private insurance carriers. Furthermore, significant allowance for "phasing in" will be required for the existing prepaid group practice prototype plans to qualify for Federal certification.

Costs and Cost Analysis↗

Providers issue brief: nursing home liability insurance: year end report-2003.

States have been plagued in recent years by dramatic increases in nursing home liability insurance premiums and the flights of insurance carriers. This has forced many nursing homes to operate with substandard levels of coverage or sometimes no coverage at all. As this crisis worsens, many states are taking action to protect both nursing home providers and residents.

Health Policy↗

[Incidence and social medicine significance of chronic obstructive respiratory tract diseases in West Germany 1986].

On the basis of the statistics provided by health insurance organisations and pension insurance carriers, the incidence, socio-medical significance and cost to the general economy of chronic obstructive airways diseases in the Federal Republic of Germany can be calculated. In 1986, in the Federal Republic of Germany, these disorders (ICD No. 490-496 in the Key to the International Classification of Diseases) resulted in early pensioning in 9,611 cases, 36,752 inpatient curative measures that were carried by the pension insurance scheme, and also 7.8 million lost working days and 1.4 million days of hospitalisation within the area of activity of the general local health insurances. Of the costs thus incurred, 5.3 billion DM can be itemized (outpatient drugs, inpatient curative measures, early pensioning, lost working days, hospital treatment), but the overall costs to the country's economy in 1986 must be estimated at approximately 7-9 billion DM.

Absenteeism↗

Semirigid and malleable penile implants.

Unless complications such as infection, erosion, or excessive bleeding develop and unless an inordinate number of malpractice suits ensue, I believe that the outpatient setting for implantation of a penile prosthesis will become increasingly utilized. As emphasized at the beginning of this article, the essential basis for success is thorough evaluation of the candidates for implantation, detailed and documented informed consent, and the elimination as outpatient candidates of poor-risk patients such as certain insulin-dependent diabetics. Patients who are good surgical and postsurgical risks are totally acceptable for outpatient operation. The cost to the patient and insurance carriers is drastically reduced. There is every reason to believe that, in the hands of the highly qualified surgeon, this type of intervention is safe, reliable, and cost-effective.

Ambulatory Surgical Procedures↗

Malpractice in physical medicine and rehabilitation. A review and analysis of existing data.

Malpractice issues are a concern for physiatrists, but little information specific to the field is readily available. Medical, legal and economic literature provide profiles of physicians involved in malpractice claims and the types of clinical situations in which suits are brought in general but no specifics on physiatry before 1973. Nine malpractice studies were examined to characterize malpractice claims in the field. The physiatrist's risk relative to other specialties could be studied specifically in three studies of 197,230 claims reported from 182 liability carriers. The number of claims brought was one-third of that predicted relative to the size of the specialty. The number of paid claims was one-fourth of that predicted, and the total dollar indemnity was one-fifth of that predicted. The average indemnity per claim rose 770% over a decade, from $12,000 in 1978 to $92,000 by 1988. Dollar losses were significantly lower than expected compared with other specialties classified by insurance carriers to be of similar risk such as neurology, pediatrics and general/family practice and one specialty considered to be very low, dermatology. Losses for physiatry were more similar to that of the very low risk category specialties such as psychiatry and pathology. One-fourth of successful claims resulting in one-third of the total dollar losses were associated with physical therapy. Cases involving femoral fracture comprised 14% of paid claims accounting for 34% of the total losses. Conditions of the vertebral column accounted for 35% of monetary losses and medication error accounted for 14% of monetary losses. The claim incidence was very low as one study of 71,130 claims identified none against physiatrists, with no more than 110 claims in any single study.

Insurance, Liability↗

Insurance reimbursement for risk-reducing mastectomy and oophorectomy in women with BRCA1 or BRCA2 mutations.

PURPOSE: Risk-reducing surgery is an important option for women with BRCA1 and BRCA2 mutations. There are reports in the literature that insurance reimbursement for these procedures varies greatly. Because health insurance coverage significantly affects medical decision-making, current information regarding reimbursement practices of third-party payers is needed. METHODS: Retrospective study of hospital billing records of 38 women with documented BRCA1 or BRCA2 mutations who underwent either a risk-reducing mastectomy or a risk-reducing oophorectomy between March 1, 1997, and July 30, 2000. RESULTS: Complete billing and reimbursement information was available for 35 women undergoing a total of 39 risk-reducing surgeries. A total of 38 of 39 (97%) risk-reducing surgeries were covered in full, less applicable coinsurance and deductibles. The rate of insurance reimbursement did not vary with type of insurance, personal history of cancer, or type of procedure. CONCLUSION: Insurance carriers reimbursed the vast majority of BRCA mutation carriers undergoing risk-reducing surgery.

Adult↗

Medicare. An administrative viewpoint.

Medicare was the first significant legislation that provided a health insurance program for a segment of our nation's population, initially for the elderly population and then expanded to include other chronically ill patients that in a sense are high risk. It provided a recognition for the special services of doctors of podiatric medicine as equivalent to the services provided by other practitioners. What we fail to recognize many times is that Congress, as representatives of the people, projected a need for podiatric care in this particular entitlement program. It provides a scope of practice for podiatrists that is governed by state law, which also is a mandate of the people. The individual state practice acts are again the will of the people through their state legislatures, which established the need and recognition for podiatric care. The system designed by Medicare provides for fiscal intermediaries, who are the insurance carriers that administer the program. Each carrier then establishes its own guidelines to deal with the medical policies of the program. The local guidelines for each state or area are additional documents that need to be reviewed for local modifications of the Medicare regulations. There are four options for patient payment: assignment, direct payment by the patient, billing the patient followed by patient payment upon receipt of his or her Medicare payment, or the selection of a health maintenance organization or similar private insurance option. Under this fourth option, the patient gives up his or her right to direct podiatric care, which is clearly a violation of the intent of the legislation that added podiatric medicine to Medicare in 1967. Given the changes that take place in any system, the original intent of Medicare was to provide an availability and access for podiatric care as required by the patient. To modify the system to change that intent without a change in law is morally, ethically, and legally questionable.

Aged↗

Doctors and public authorities: the trend toward collaboration.

Insuring a population and managing its money require a comprehensive health care financing system. Many issues must be resolved, particularly the roles of the medical profession and its relationship with organizations of laymen in insurance carriers and in government. The spread of society-wide, third-party reimbursement produced conflicts with doctors over admission to practice, work rules, and pay in all countries. Eventually new arrangements were made to settle conflicts of interest and to ensure the harmonious operation of health care services. Policymakers and financial managers came to realize that the medical profession as a whole must be motivated to ensure the success of the system. Recently countries with statutory health insurance and direct public financing created new systems for negotiation and for joint decision making. Even some governments now agree to collaborate with doctors as virtual peers rather than to dictate rules and finance. The only exception is the United States, which will continue to have periodic conflicts until it crafts a joint decision-making system. The evidence comes from the author's first-hand field research over thirty years in the principal developed countries in Europe and North America. He interviewed informants, collected reports, and observed events for these topics primarily in Germany, France, the Netherlands, Great Britain, Canada, and the United States.

Canada↗