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	<title>Comments for Health Law Pulse</title>
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	<link>http://blogs.law.widener.edu/healthlaw</link>
	<description>Just another blogs.law.widener.edu weblog</description>
	<lastBuildDate>Sat, 09 Jan 2010 20:38:46 +0000</lastBuildDate>
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		<title>Comment on Ringing In 2010: Thoughts on the Right to Die! by Yomi Faparusi Sr.</title>
		<link>http://blogs.law.widener.edu/healthlaw/2010/01/05/ringing-in-2010-thoughts-on-the-right-to-die/comment-page-1/#comment-18</link>
		<dc:creator>Yomi Faparusi Sr.</dc:creator>
		<pubDate>Sat, 09 Jan 2010 20:38:46 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=182#comment-18</guid>
		<description><![CDATA[This is a great piece looking at both sides of the debate. In particular, Professor Culhane articulates a lot of reality that is missing in this issue. Like many controversial topics, any ruling like this that borders on the &quot;sanctity of life&quot; will be defined in political terms. 

The greatest obstacle to an intellectual debate on the right to end one&#039;s life is the fear that it will spill into the arena of abortions. This, therefore, is a proxy battle on the right to abort a fetus.

I agree with Prof. Culhane that this ruling is better grounded in the law but maybe this case could be a pacesetter for other courts to address the issue. I sincerely hope that it will lead to non-uniformity amongst jurisdictions so that our Supreme Court would be left with no choice than to get called up!]]></description>
		<content:encoded><![CDATA[<p>This is a great piece looking at both sides of the debate. In particular, Professor Culhane articulates a lot of reality that is missing in this issue. Like many controversial topics, any ruling like this that borders on the &#8220;sanctity of life&#8221; will be defined in political terms. </p>
<p>The greatest obstacle to an intellectual debate on the right to end one&#8217;s life is the fear that it will spill into the arena of abortions. This, therefore, is a proxy battle on the right to abort a fetus.</p>
<p>I agree with Prof. Culhane that this ruling is better grounded in the law but maybe this case could be a pacesetter for other courts to address the issue. I sincerely hope that it will lead to non-uniformity amongst jurisdictions so that our Supreme Court would be left with no choice than to get called up!</p>
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		<title>Comment on City Council Investigates E.R. Death by catherine reynolds</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/12/13/city-council-investigates-e-r-death/comment-page-1/#comment-14</link>
		<dc:creator>catherine reynolds</dc:creator>
		<pubDate>Thu, 17 Dec 2009 21:08:56 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=162#comment-14</guid>
		<description><![CDATA[Apparently Michael Cohen, President of The Institute for Safe Medicine Practices, and I share an opinion on such topics of criminalizing individual healthcare practitioners who make errors when we know the majorirty of such errors are linked to system and care delivery issues.  Very few, in fact, are as the result of egregious intent to do harm.  Please see this posting by Dr Cohen for more:

http://www.ismp.org/pressroom/injustice-jailtime-for-pharmacist.asp]]></description>
		<content:encoded><![CDATA[<p>Apparently Michael Cohen, President of The Institute for Safe Medicine Practices, and I share an opinion on such topics of criminalizing individual healthcare practitioners who make errors when we know the majorirty of such errors are linked to system and care delivery issues.  Very few, in fact, are as the result of egregious intent to do harm.  Please see this posting by Dr Cohen for more:</p>
<p><a href="http://www.ismp.org/pressroom/injustice-jailtime-for-pharmacist.asp" rel="nofollow">http://www.ismp.org/pressroom/injustice-jailtime-for-pharmacist.asp</a></p>
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		<title>Comment on Crossing Lines by Yomi Faparusi Sr.</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/11/24/crossing-state-lines-for-insurance/comment-page-1/#comment-12</link>
		<dc:creator>Yomi Faparusi Sr.</dc:creator>
		<pubDate>Sun, 29 Nov 2009 15:10:51 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=127#comment-12</guid>
		<description><![CDATA[If I was to answer the question, I would say that the answer is way too complicated than a simple &quot;yes&quot; or &quot;no&quot;. 

The truth is that both sides of the aisle agree on probably 85% of the changes that need to be made but the remaining 15% is the gigantic bone of contention. Furthermore, both sides have coined words that have varied meanings depending on who you ask, e.g. &quot;robust&quot; public option vs. (emanciated- I guess) public option vs. &quot;trigger&quot; vs. &quot;socialized medicine&quot; etc.

Another factor is that the climate of the 90&#039;s is very different from that of today. For example, there may have been less of a debate if there was a surplus rather than a recession. 

The entire HC reform debate is not about reforming health care; it is about politics- members of both Congress and Senate trying to get re-elected AS USUAL! Democrats and Republicans have been protecting their interest groups and wasting the time of citizens on their circular debates.

Hence, if one looks at those driving the debate, one would realize that the so-called centrists/moderate/conservative/blue dog democrats are significantly influencing the proposals. 
The answer to the question will depend on whether Republicans think these centrists will carry the day. If negative (that is the final bill will be more liberal), then Republican ideas have not changed so much hence just a strategic move. On the flip side, if these provisions make the final bill, could be business as usual on the Capitol, attacking anything the Dems propose.]]></description>
		<content:encoded><![CDATA[<p>If I was to answer the question, I would say that the answer is way too complicated than a simple &#8220;yes&#8221; or &#8220;no&#8221;. </p>
<p>The truth is that both sides of the aisle agree on probably 85% of the changes that need to be made but the remaining 15% is the gigantic bone of contention. Furthermore, both sides have coined words that have varied meanings depending on who you ask, e.g. &#8220;robust&#8221; public option vs. (emanciated- I guess) public option vs. &#8220;trigger&#8221; vs. &#8220;socialized medicine&#8221; etc.</p>
<p>Another factor is that the climate of the 90&#8242;s is very different from that of today. For example, there may have been less of a debate if there was a surplus rather than a recession. </p>
<p>The entire HC reform debate is not about reforming health care; it is about politics- members of both Congress and Senate trying to get re-elected AS USUAL! Democrats and Republicans have been protecting their interest groups and wasting the time of citizens on their circular debates.</p>
<p>Hence, if one looks at those driving the debate, one would realize that the so-called centrists/moderate/conservative/blue dog democrats are significantly influencing the proposals.<br />
The answer to the question will depend on whether Republicans think these centrists will carry the day. If negative (that is the final bill will be more liberal), then Republican ideas have not changed so much hence just a strategic move. On the flip side, if these provisions make the final bill, could be business as usual on the Capitol, attacking anything the Dems propose.</p>
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		<title>Comment on Of Oysters and Mammograms by Yomi Faparusi Sr.</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/11/23/of-oysters-and-mammograms/comment-page-1/#comment-11</link>
		<dc:creator>Yomi Faparusi Sr.</dc:creator>
		<pubDate>Sun, 29 Nov 2009 14:45:22 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=120#comment-11</guid>
		<description><![CDATA[This is an illustration of the dilemma that has plagued public health- statistical significance vs. clinical significance! 

On one hand, it may seem that the mammogram recommendation is logical because the test has a sizeable number of false positives (leading to &quot;anxiety&quot;) and false negatives (oh..oh..medical malpractice liability). Furthermore, there is the argument supporting the Task Force&#039;s report that the breast tissues of certain age groups make mammography a not-so-useful screening test. BUT, I agree that the point solidly against this report is WHAT IF IT IS YOU, YOUR WIFE, DAUGHTER, MOTHER, SISTER etc? The latter is reality!

To further illustrate when theory can &quot;dump and break up&quot; with reality is a situation like a drug advertised as a wonder drug for hypertension but lowers the blood pressure by just a point. Yes, on paper and in theory  it may be great but practically it is useless.

Worse still is the timing of the report- dropping an iceberg of something that smells like rationing in the turbulence of memories of &quot;death panels.&quot;]]></description>
		<content:encoded><![CDATA[<p>This is an illustration of the dilemma that has plagued public health- statistical significance vs. clinical significance! </p>
<p>On one hand, it may seem that the mammogram recommendation is logical because the test has a sizeable number of false positives (leading to &#8220;anxiety&#8221;) and false negatives (oh..oh..medical malpractice liability). Furthermore, there is the argument supporting the Task Force&#8217;s report that the breast tissues of certain age groups make mammography a not-so-useful screening test. BUT, I agree that the point solidly against this report is WHAT IF IT IS YOU, YOUR WIFE, DAUGHTER, MOTHER, SISTER etc? The latter is reality!</p>
<p>To further illustrate when theory can &#8220;dump and break up&#8221; with reality is a situation like a drug advertised as a wonder drug for hypertension but lowers the blood pressure by just a point. Yes, on paper and in theory  it may be great but practically it is useless.</p>
<p>Worse still is the timing of the report- dropping an iceberg of something that smells like rationing in the turbulence of memories of &#8220;death panels.&#8221;</p>
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		<title>Comment on Newsletter by Health Law Pulse &#187; Keeping It Real</title>
		<link>http://blogs.law.widener.edu/healthlaw/newsletter/comment-page-1/#comment-10</link>
		<dc:creator>Health Law Pulse &#187; Keeping It Real</dc:creator>
		<pubDate>Fri, 27 Nov 2009 15:11:27 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?page_id=65#comment-10</guid>
		<description><![CDATA[[...] Newsletter [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Newsletter [...]</p>
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		<title>Comment on Letter from the Director by micheleforzley.com &#187; Blog Archive &#187; Letter from the Director &#8211; Widener Law Institute</title>
		<link>http://blogs.law.widener.edu/healthlaw/letter-from-the-director/comment-page-1/#comment-9</link>
		<dc:creator>micheleforzley.com &#187; Blog Archive &#187; Letter from the Director &#8211; Widener Law Institute</dc:creator>
		<pubDate>Tue, 24 Nov 2009 23:26:25 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?page_id=51#comment-9</guid>
		<description><![CDATA[[...] Health Associations in Istanbul, and made two presentations on the rule of law and public health. (more)   Filed under: Press Comment [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Health Associations in Istanbul, and made two presentations on the rule of law and public health. (more)   Filed under: Press Comment [...]</p>
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		<title>Comment on Abortion and Healthcare Reform by Yomi Faparusi Sr.</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/11/09/abortion-and-healthcare-reform/comment-page-1/#comment-7</link>
		<dc:creator>Yomi Faparusi Sr.</dc:creator>
		<pubDate>Wed, 11 Nov 2009 21:44:02 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=104#comment-7</guid>
		<description><![CDATA[The abortion debate is like the political spectrum in the United States-the middle or Independents (who exactly are these people is a subject of another debate) decide. On the conservative fringe, there are those who believe that there should be a ban of abortions-period! No exceptions! On the other end of the field are those who are in support of absolutely no restrictions on abortions- a la it&#039;s a personal choice.

So let&#039;s talk about the middle...The Stupak amendment was smartly crafted by including the &quot;socially juicy&quot; exceptions of &quot;health of the mother, incest and rape&quot;, exceptions very favorable to many who are against abortion but do not support a blanket ban. The political reality is that, at least for time to come, those against abortion in one form or the other will continue to win because there are more democrats from red districts who cannot afford to be seen as endorsing abortion. 

Even just analyzing the label warfare: if you are not pro-life, are you anti-life or con-life? In contrast, it is easier to spin the &quot;choice&quot; debate- what choice? To have an abortion or to take preventive measures such as, in blunt terms, make the dude wear a condom. To think abstinence is the, or in fact a solution is like getting stuck in the stone age times. However, the graphic advantage of an anti-abortion argument will ensure that the debate leans right on the ideological scale: uhm ending a life (described as cocktail abortion) versus denying a woman a right to make decisions on her body.

Maybe, it is time the Supreme Court decides once and for all at what point life begins but this debate in the HC bill only heralds the divide in the majority party.]]></description>
		<content:encoded><![CDATA[<p>The abortion debate is like the political spectrum in the United States-the middle or Independents (who exactly are these people is a subject of another debate) decide. On the conservative fringe, there are those who believe that there should be a ban of abortions-period! No exceptions! On the other end of the field are those who are in support of absolutely no restrictions on abortions- a la it&#8217;s a personal choice.</p>
<p>So let&#8217;s talk about the middle&#8230;The Stupak amendment was smartly crafted by including the &#8220;socially juicy&#8221; exceptions of &#8220;health of the mother, incest and rape&#8221;, exceptions very favorable to many who are against abortion but do not support a blanket ban. The political reality is that, at least for time to come, those against abortion in one form or the other will continue to win because there are more democrats from red districts who cannot afford to be seen as endorsing abortion. </p>
<p>Even just analyzing the label warfare: if you are not pro-life, are you anti-life or con-life? In contrast, it is easier to spin the &#8220;choice&#8221; debate- what choice? To have an abortion or to take preventive measures such as, in blunt terms, make the dude wear a condom. To think abstinence is the, or in fact a solution is like getting stuck in the stone age times. However, the graphic advantage of an anti-abortion argument will ensure that the debate leans right on the ideological scale: uhm ending a life (described as cocktail abortion) versus denying a woman a right to make decisions on her body.</p>
<p>Maybe, it is time the Supreme Court decides once and for all at what point life begins but this debate in the HC bill only heralds the divide in the majority party.</p>
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		<title>Comment on Repeal McCarran-Ferguson? by Yomi Faparusi Sr.</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/10/28/mccarran-ferguson/comment-page-1/#comment-6</link>
		<dc:creator>Yomi Faparusi Sr.</dc:creator>
		<pubDate>Wed, 04 Nov 2009 21:31:05 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=98#comment-6</guid>
		<description><![CDATA[Interestingly, whatever the merit of the arguments of exemption opponents, it is hard to see the motive as anything but a retaliatory act against an industry that brought out its report on the eve of the Senate vote on the HC bill. I think the HC reform debate has become ridiculous with the oscillations of its proponents from true HC reform to insurance reform...decide which one!

Having a public option will solve one problem and create another. The problem is more behavioral..the patient with coverage has no incentive to save costs while the provider would rather cover all the bases, all leading to unnecessary tests etc. 

There is no real HC reform without tort reform! Why do the proponents of HC reform shy away from that? Plain hypocrisy or politics as usual since the ATLA has to be &quot;taken care of.&quot;]]></description>
		<content:encoded><![CDATA[<p>Interestingly, whatever the merit of the arguments of exemption opponents, it is hard to see the motive as anything but a retaliatory act against an industry that brought out its report on the eve of the Senate vote on the HC bill. I think the HC reform debate has become ridiculous with the oscillations of its proponents from true HC reform to insurance reform&#8230;decide which one!</p>
<p>Having a public option will solve one problem and create another. The problem is more behavioral..the patient with coverage has no incentive to save costs while the provider would rather cover all the bases, all leading to unnecessary tests etc. </p>
<p>There is no real HC reform without tort reform! Why do the proponents of HC reform shy away from that? Plain hypocrisy or politics as usual since the ATLA has to be &#8220;taken care of.&#8221;</p>
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		<title>Comment on Strange Bedfellows by andy newman</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/10/20/strange-bedfellows/comment-page-1/#comment-5</link>
		<dc:creator>andy newman</dc:creator>
		<pubDate>Wed, 21 Oct 2009 02:06:02 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=96#comment-5</guid>
		<description><![CDATA[there was major push back from local law enforcement and the LA prosecuters office. There are hundreds of &quot; Medical Marijuana shoppes&quot; and Police officials beleive they are all profit making institutions and are illegally selling to anyone with a prescription, intimating Drs. are just giving these out to anyone who asks. 

They resent the new Federal guidelines and will do all they can ,locally, to shut the shops down.

As to the shop owners, a spokesperson opined that the Federal easing of restrictions shows we are maturing as a society. With all the domestic and international headaches, nay, nightmares,why can&#039;t we just put this issue deep in the trash bin. Meanwhile, I&#039;ll just meander(literally) over to the wine and spirit shop and load up for the winter.........]]></description>
		<content:encoded><![CDATA[<p>there was major push back from local law enforcement and the LA prosecuters office. There are hundreds of &#8221; Medical Marijuana shoppes&#8221; and Police officials beleive they are all profit making institutions and are illegally selling to anyone with a prescription, intimating Drs. are just giving these out to anyone who asks. </p>
<p>They resent the new Federal guidelines and will do all they can ,locally, to shut the shops down.</p>
<p>As to the shop owners, a spokesperson opined that the Federal easing of restrictions shows we are maturing as a society. With all the domestic and international headaches, nay, nightmares,why can&#8217;t we just put this issue deep in the trash bin. Meanwhile, I&#8217;ll just meander(literally) over to the wine and spirit shop and load up for the winter&#8230;&#8230;&#8230;</p>
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		<title>Comment on The Public Health Peril in Oklahoma’s Anti-Abortion Obsession by andy newman</title>
		<link>http://blogs.law.widener.edu/healthlaw/2009/10/19/the-public-health-peril-in-oklahoma%e2%80%99s-anti-abortion-obsession/comment-page-1/#comment-4</link>
		<dc:creator>andy newman</dc:creator>
		<pubDate>Mon, 19 Oct 2009 21:34:39 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.widener.edu/healthlaw/?p=92#comment-4</guid>
		<description><![CDATA[JUST A BRIEF COMMENT ON THE SUPREME COURT&#039;S DECISION IN PLANNED PARENTHOOD V. CASEY(1992) WHICH IN REALITY TOOK THE HEART OUT OF ROE V WADE(1973). NOW RETIRED JUSTICE O&#039;CONNOR DETERMINED THAT THE TRIMESTER SCHEME WAS NOT APPROPRIATE AND SUBSTITUTED THE CONCEPT OF &quot; UNDUE BURDEN&#039;&#039; AND EVERY EXTRA HURDLE THAT A STATE PLACES BETWEEN A WOMAN  AND HER CHOICE TO HAVE AN ABORTION IS SUBJECTED TO THAT STANDARD.

I BELIEVE THAT STATES LIKE OKLAHOMA AND OTHER CONSERVATIVE JURISTICTIONS WOULD LOVE FOR A REALLY RESTRICTIVE STATUTE TO BE CHALLENGED AND GO UP THE S/C. JUSTICE KENNEDY IS GENERALLY INCLINED TO   &#039;&#039; PRO LIFE&#039;&#039;  VIEWS ON ABORTION AND I FEEL A NEW DECISION BY THIS COURT COULD FURTHER ERODE A WOMANS CHOICE.]]></description>
		<content:encoded><![CDATA[<p>JUST A BRIEF COMMENT ON THE SUPREME COURT&#8217;S DECISION IN PLANNED PARENTHOOD V. CASEY(1992) WHICH IN REALITY TOOK THE HEART OUT OF ROE V WADE(1973). NOW RETIRED JUSTICE O&#8217;CONNOR DETERMINED THAT THE TRIMESTER SCHEME WAS NOT APPROPRIATE AND SUBSTITUTED THE CONCEPT OF &#8221; UNDUE BURDEN&#8221; AND EVERY EXTRA HURDLE THAT A STATE PLACES BETWEEN A WOMAN  AND HER CHOICE TO HAVE AN ABORTION IS SUBJECTED TO THAT STANDARD.</p>
<p>I BELIEVE THAT STATES LIKE OKLAHOMA AND OTHER CONSERVATIVE JURISTICTIONS WOULD LOVE FOR A REALLY RESTRICTIVE STATUTE TO BE CHALLENGED AND GO UP THE S/C. JUSTICE KENNEDY IS GENERALLY INCLINED TO   &#8221; PRO LIFE&#8221;  VIEWS ON ABORTION AND I FEEL A NEW DECISION BY THIS COURT COULD FURTHER ERODE A WOMANS CHOICE.</p>
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