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Long-term care legislation: an issue of concern for nurse practitioners.

Comprehensive long-term care policy has many hurdles to overcome before it becomes a reality. The biggest hurdle is the price tag! Estimates range from $6 billion (Pepper's home-care bill) to $46 billion (Stark's long-term care coverage bill). Congressional insiders predict that federal long-term care coverage must contain "pay-as-you-go" financing to win congressional passage. The medicare catastrophic health care act is cited by many in the Congress as establishing the precedent for self-financing of new federal benefits. In a pay-as-you-go era in public spending, any new program can only come from trimming existing programs and shifting those funds to new programs or from generating new revenues. The latter could result from increased beneficiary cost-sharing, an increase in the medicare payroll tax, or by eliminating the $45,000 cap on income exposed to the current 1.45% medicare payroll tax. Federal proposals to date build on existing medicare and medicaid programs. In them, quality assurance measures have been strengthened, consumer input encouraged, and a new layer of bureaucracy established to screen potential clients and provide case-management services. The scope of services is broad in most of the current proposals, and reimbursement is provided for respite care to allow family care givers relief and assistance. Access to nurse practitioners' services is an important feature of Kennedy's Lifecare proposal and is the focus of lobbying efforts for all public and private proposals. It is time for nurse practitioners to become involved in long-term care legislation. This may be initiated by reviewing current proposals and long-term care packages offered by major insurance companies. Any future long-term care benefit should bear the imprint of the nurse practitioner's professional perspective and the profession's commitment to humane, caring health policy.

Aged↗

A legislative perspective on the school nurse and education for children with disabilities in New Jersey.

The New Jersey Dept. of Education has proposed a new direction for interpreting the "Education for All Handicapped Children Act of 1975" (Public Law 94-142). If implemented, a new and broader scope of addressing learning and/or behavior and health problems for the school-aged child will be provided. In this article, the special education process in New Jersey is analyzed, reflecting on political, economic, and social movements that affected past and present legislation. The effects of the new proposal on students, families, school personnel, and community resources are emphasized. Role implications for the school nurse in formulating, interpreting, and managing the child with disability in school are provided.

Child↗

Legislation, policy, and tobacco use among youth: implications for health care providers.

This paper addresses implications of recent tobacco legislation, policy, and tobacco use among youth in the context of health care policy and services. Tobacco use prevalence and definitions and diagnoses of nicotine addiction and dependence are described. Assessment of smoking prevalence in Texas provides a case study of the problem and potential solutions for tobacco use among youth. The case study highlights specific implications to be considered when providing health care focused on prevention and risk reduction for youth. The paper concludes with implications and critical Internet resources for health care providers engaging in youth tobacco control.

Adolescent↗

Legislative responses to sexual violence: an overview.

In the past three decades, the legislative response to sexual violence has undergone two sets of reforms. The feminist reforms, beginning in the 1970s, sought to modify legal forms and practices to reflect new theories of the nature of sexual violence. The "regulatory" reforms of the 1990s were atheoretical, and adopted a "preventive" strategy to close perceived gaps in the system of social control. This article examines the second wave of reform, with special emphasis on Sexually Violent Predator (SVP) laws. It summarizes the current legal controversies generated by these laws, and suggests that the underlying assumptions and forms adopted by the 1990s reforms may undercut some of the advances achieved by the feminist reforms in understanding and addressing sexual violence.

Criminal Law↗

History of federal legislation in health professions educational assistance in dental public health, 1956-97.

Health professions education assistance in dental public health has been congressionally authorized in one form or another during the last four decades. The US Department of Health and Human Services (and its predecessor, the Department of Health, Education, and Welfare) has been a focal point for managing these federal programs. This report tracks the history of relevant national legislation, beginning in the 1950s with the Health Amendment Acts of 1956 and continuing most recently with the Health Professions Education Extension Amendments of 1992. The number of dental public health professionals trained and available to provide expertise and leadership to improve community oral health status has been tied to the presence and intensity of federal programming in this area.

Education, Dental, Graduate↗

Legislative and humanitarian impetus for development of alcohol and other drug policy at an Australian university.

The rationale for comprehensive alcohol and other drug policy at a tertiary institution is presented here as a health promotion strategy for educating University policy makers. Particular emphasis is placed on a discussion of humanitarian issues, that is, the right to a healthy environment, and the potential for legal liability in an environment where alcohol is readily available and other drugs are present. There is little attention paid to drug use related legal issues in the University, but at the same time drawing the attention of policy makers to the organisation's vulnerability to lawsuits has been reported to be a motivating force for adoption of drug use policy. Universities do experience problems related to alcohol and other drug use by staff and students. Problem reduction, and better management of problems, are the major goals of policy in this area. Local initiatives, for example at the organisational level, make important contributions to the overall drug prevention efforts of the nation. Well-developed policy and procedures and effective implementation constitute an important structural health promotion strategy. Such policy would comply with the immediate requirements of Occupational Health, Safety and Welfare legislation and provide some protection against wrongful dismissal claims and negligence lawsuits, as well as providing long-term educative effects. Situations for which policies are needed, range widely due to the University's unique environment and complex roles.

Adolescent↗

State confidentiality laws: the Illinois Act as model for new legislation in other states.

Confidentiality laws of most states are in need of a thorough review. They lack consistency in the treatment of recipients of mental health services, and they frequently provide no guidelines at all on significant issues. The newly adopted Illinois Act serves as an example of the work of mental health professionals in the passage of new legislation; it is suggested as a model for those seeking to draft new confidentiality codes for other states.

Confidentiality↗

Are we legislating reinstitutionalization?

Attitudes and trends in the care of the chronic mentally ill are reviewed historically. The present impetus away from community care and back to hospitalization is examined, with special reference to recent legislative initiatives in California, an early leader in the movement to deinstitutionalization. Options for effective action on behalf of the homeless mentally ill are outlined.

California↗

Developing a health surveillance strategy for professional footballers in compliance with UK health and safety legislation.

The need for health surveillance for professional footballers has been assessed against criteria specified in UK health and safety legislation. As footballers suffer from chronic injuries under normal playing conditions, professional football clubs have a requirement to implement health surveillance programmes to protect their players. A health surveillance programme, based on benchmarking a player's fitness and addressing the issues of pre-recruitment, pre-season, during-season, post-season, and rehabilitation assessment, is proposed.

Athletic Injuries↗

The effect of legislation on injuries sustained by rear seat car passengers.

A study of 206 injured rear seat passengers was undertaken over two 4-month periods before and after the introduction of legislation enforcing use of rear seat-belts on 1 July 1991. The proportion of both adults and children using rear seat-belts increased after the law. Those wearing belts were less likely to suffer serious injury. The majority of passengers comply with the law but many rear seat passengers remain unrestrained because cars are not fitted with belts.

Accidents, Traffic↗

Achieving compliance with pool fencing legislation in New Zealand: a survey of regulatory authorities.

OBJECTIVES: To identify the status of compliance and enforcement of New Zealand's Fencing of Swimming Pools Act (FOSP Act), 10 years after its introduction, and to identify methods for improving both compliance with the act and the process of enforcement. METHODS: A postal questionnaire was sent to all 74 authorities in New Zealand in which they were asked questions about their enforcement of the FOSP Act. Semistructured telephone interviews were conducted with 12 authorities to supplement the data obtained in the postal survey. RESULTS: Based on responses to the survey, it was estimated that there are over 59,000 domestic swimming pools in New Zealand, giving rates of 46 pools/1000 dwellings and 16 pools/1000 persons. The authorities reported that 44% of pools complied with the act, and a further 4% had been granted exemptions. Nineteen per cent of pools were reported to not comply with the act, and the compliance status of a further 33% was not known, or not stated by the authority. Only 9% of authorities had procedures for locating and inspecting pools, while 28% had a programme of reinspection to ensure that pools continued to comply. Pool owner resistance was considered to be the main difficulty with enforcing the act, and nearly half of the authorities believed publicity or education was needed to overcome these barriers. Fifty two per cent of authorities had publicized the act during the 12 months preceding the survey. CONCLUSIONS: Due to ambiguities within the legislation, and differing levels of commitment by authorities to locate pools and monitor compliance, compliance with the FOSP Act is not consistent nationally. If the act were less ambiguous, there would be greater consistency and more enforcement.

Accident Prevention↗

Making regulations and drawing up legislation in Islamic countries under conditions of uncertainty, with special reference to embryonic stem cell research.

Stem cell research is a newly emerging technology that promises a wide variety of benefits for humanity. It has, however, also caused much ethical, legal, and theological debate. While some forms of its application were prohibited in the beginning, they have now started to be used in many countries. This fact obliges us to discuss the regulation of stem cell research at national and international level. It is obvious that in order to make regulations and to draw up legislation at national or international levels it helps to know the perspectives of different cultures and faith traditions. In this article the issue is explored from an Islamic perspective. Firstly, some basic information is given about Islam to explain how laws are drawn up and regulations made in this tradition. Secondly, the principles on which the laws and regulations are based are applied to stem cell research, and finally the permitted and prohibited methods of stem cell research are described. The discussions throughout the paper demonstrate that while some ethicists argue that stem cell research is unethical in the Islamic tradition, tradition permits it as long as such research is aimed at improving human health.

Culture↗

Cycle helmets--when is legislation justified?

The issue of mandatory cycle helmets is highly contentious. The aim of this paper is not to argue for or against legislation but to suggest criteria on which the debate should focus. This is done by attempting to answer the question: 'What criteria must be met before cycle helmet wearing is enforced?' Consideration is given to principles, precedents and consequences and four criteria are suggested. The criteria are to do with effectiveness, personal liberty, public acceptability and the promotion of the public health benefits of cycling.

Behavior Control↗

Prevention of bicycle-related injuries: helmets, education, and legislation.

Efforts to reduce the toll of bicycle-related head injuries illustrate how the basic public health principles of surveillance, epidemiologic study, intervention, and evaluation can have a substantial impact on an injury problem, using a variety of injury-prevention strategies. Head injuries are the leading cause of serious morbidity and mortality from bicycle crashes. Helmets have been shown to reduce bicycle-related head injuries for cyclists of all ages involved in all types of crashes including those with motor vehicles. Helmet use has been promoted using educational campaigns, helmet subsidies, and legislation. Careful evaluation of these strategies has shown that these interventions increase helmet use and decrease the incidence of bicycle injuries. The model developed for the prevention of bicycle injuries is widely applicable to other injury problems.

Age Factors↗

Effect of a legislative mandate on mammography use and coding practices in Maryland.

PURPOSE: To analyze the effect of the 1991 Maryland legislative mandate of screening mammography benefits. MATERIALS AND METHODS: Claims submitted between January 1991 and December 1993 for outpatient mammograms obtained in women covered under Blue Cross Blue Shield of Maryland insurance indemnity contracts were analyzed for the distribution of services and charges. RESULTS: For 184,723 women, 285,241 claims were submitted by 851 Maryland providers. Claims for "mammography bilateral," which were considered "diagnostic," represented 67%; 24% were submitted for "screening mammography bilateral," and 9% were submitted for "mammography unilateral." Mammography claims increased only 25% during the 3 years, despite an estimated fivefold increase in the number of women with the screening mammography benefit. Mammography coding shifted from bilateral to screening. CONCLUSION: The number of mammograms obtained increased only modestly after the mandate, but claims coded for mammography bilateral declined dramatically. Removal of financial barriers appears to be insufficient to increase appropriate use of screening mammography.

Adult↗

[Complementary medicine and health legislation].

This review begins by explaining the meaning and purpose of health law in general. While legal regulations pertinent to mainstream medicine are functioning well, this project focuses on the legal situation that developed in Switzerland as a consequence of the increasing availability and use of services in complementary medicine. There are obvious gaps and deficits in our legislation concerning medical and paramedical providers of services in complementary medicine. Main emphasis of this project, therefore, was placed on the regulations dealing with health professionals in complementary medicine, in particular on standards of training, on licenses to practice, and on the compensation by health insurance funds. The project achieved a comprehensive stock-taking of the great variety of the Swiss federal and the 26 cantonal laws and regulations. It also drew conclusions on the necessity to formulate generally applicable rules and regulations for the field of complementary medicine and finally submitted a list of practical recommendations.

Complementary Therapies↗

Structural stigma in state legislation.

OBJECTIVE: This article discusses examples of structural stigma that results from state governments' enactment of laws that diminish the opportunities of people with mental illness. METHODS: To examine current trends in structural stigma, the authors identified and coded all relevant bills introduced in 2002 in the 50 states. Bills were categorized in terms of their effect on liberties, protection from discrimination, and privacy. The terms used to describe the targets of bills were examined: persons with "mental illness" or persons who are "incompetent" or "disabled" because of mental illness. RESULTS: About one-quarter of the state bills reviewed for this survey related to protection from discrimination. Within that category, half the bills reduced protections for the targeted individuals, such as restriction of firearms for people with current or past mental illness and reduced parental rights among persons with a history of mental illness. Half the bills seemed to expand protections, such as those that required mental health funding at the same levels provided for other medical conditions and those that disallowed use of mental health status in child custody cases. Legislation frequently confuses "incompetence" with "mental illness." CONCLUSIONS: Examples of structural stigma uncovered by surveys such as this one can inform advocates for persons with mental illness as to where an individual state stands in relation to the number of bills that affect persons with mental illness and whether these bills expand or contract the liberties of this stigmatized group.

Human Rights↗

The impact of legislation to improve coordination of services to children with serious emotional disturbance.

OBJECTIVE: This study evaluated the impact of state legislation in Indiana mandating establishment of local coordinating committees to prevent inappropriate placement of children and youth with serious emotional disturbance out of the home and to facilitate the development of communitybased initiatives. METHODS: In the first stage of the study, a survey was sent to the directors of mental health, welfare, education, and probation agencies of each county to estimate the extent that the structure and processes mandated by law were in place. In the second stage, structured interviews were conducted with the directors of key agencies in seven representative counties. RESULTS: Stage 1 produced 310 completed surveys from all 92 counties; 73 counties had functioning committees. Improved coordination among providers was the most frequently cited reason for the committee's success; half of the respondents felt that the committee resulted in better services. More than half reported that too few service options were available. Other problems cited were rigid funding opportunities that limited options and lack of staff time to attend and prepare for meetings. Interviewees in the second stage noted that the committee too often formalized already-made decisions, that consideration of individual cases came too late in the process, and that in many cases less restrictive options had already been tried unsuccessfully. They also noted that the committee process had not achieved its major objective of pooling resources to address the needs of particular children. CONCLUSIONS: Adequate funding and a fiscal strategy to support coordination and staffing of local coordinating committees are critical to their successful implementation.

Affective Symptoms↗