Litigation, legislation, and limelight: obstacles to commercial surrogate mother arrangements.
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Employment practices liability has become an increasing problem for all employers, including health care employers. This article defines the various factors that lead to employment-related claims. It also describes the legal and cultural factors that have led to the current situation and offers concrete proposals to decrease the likelihood of such claims.
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The American Hospital Association and several other groups are doing their best to stop HHS from eliminating the upper payment limit loophole, and the AHA is even suing HHS, but time is running out for the payment plan worth $27 billion over the next 10 years to State Medicaid programs. This is only the fourth time in the past decade that the AHA has sued the federal government.
Class action suits frequently have been used as a strategy for improving the quality of mental health care. Psychiatrists, psychologists, and professionals from related disciplines have been involved in these suits in different roles. This article presents and discusses case examples of these roles, which include the expert witness, court-appointed expert, consulting expert, monitor, special master, receiver, advocate, amicus curiae, plaintiff, and defendant. The authors caution against assuming dual roles and argue that professionals, before beginning to participate in this complex arena, should clarify their functional responsibilities, the legal basis of their involvement, and the ethics principles that will guide their actions.