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The "brave new baby" and the law: fashioning remedies for the victims of in vitro fertilization.

The birth of the world's first "test-tube baby", a child conceived by in vitro fertilization (IVF), raises serious medical, ethical, and legal problems. This Note explores the present controversy over the use of IVF and advocates federal regulation of the technique. Furthermore, this Note argues that, in order to deter unduly hazardous use of IVF and to compensate its victims, an experimenter should be subject to civil liability for either negligent, or willful and nonconsensual, destruction of an IVF conceptus, and held strictly liable when an IVF child is born with severe defects that are attributable to the use of the technique.

Compensation and Redress↗

Trying to take the national guidelines for health planning seriously: issues for thought.

This paper examines, from a SHPDA's perspective, major obstacles that must be overcome if the National Guidelines for Health Planning are to be viewed as more than a mechanism for "backdoor" regulation: (1) The acceptance of the guidelines by state government; (2) The location of the SHPDA/SHCC in the state's health policy structure; and (3) The lack of an informed general public. If the guidelines have only minimal impact on state priorities, the national policy will be both ineffective and coercive. HSAs, SHPDAs, and SHCCs, through public education, political action, and coordinated public pressure can assist in overcoming these obstacles and, if warranted, change the nature and focus of the content of the guidelines. A fourth obstacle, concerning the types of assistance and guidance provided to health planning agencies, suggests that DHEW has concentrated on using P.L. 93-641 as cost-containment mechanism to the neglect of issues that, in the long run, could have a positive effect on both the health system and health status.

Health Systems Agencies↗

Operational measures: indicators of health system performance.

As P.L. 93-641, the National Health Planning and Resources Development Act of 1974 makes clear, Health Systems Agencies (HSAs) were created to improve the costs, availability, accessibility, acceptability, quality, and continuity of the health system. To fulfill this mandate, agencies require clear definitions of these six characteristics and valid measures which can be applied to assess the performance of the existing health system and the impact of proposed modifications. The current state of the planning art does not provide for either of these requirements. This is due to the lack of consensus regarding the definitions of the characteristics and our limited understanding of the variety and validity of measures presently in use. Recognizing these problems, DHEW'S Bureau of Health Planning and Resources Development (BHPRD) initiated a project with The Orkand Corporation in June 1976, to accomplish the following objectives: (1) develop mutually exclusive definitions for the six characteristics; (2) identify and develop model operational measures for each of the characteristics; (3) produce guidelines for the application of these measures; and (4) design a methodology for HSAs to use in appraising the various interrelationships among characteristics. This paper is an introduction to the operational measures project. It describes the operational measures concept and the measures' intended uses. The monograph to be produced by the project is described. Finally, the project findings to date are summarized.

Health Systems Agencies↗