Legal Fundamentals of Surrogate Decision Making

My article, "Legal Fundamentals of Surrogate Decision Making" has just been published in Chest.  Here is the abstract:





The four previous articles in this series have traced the history of patient autonomy and have identified its ethical and legal foundations. Patient autonomy is highly valued in the United States to the extent that the patient does not lose the right of self-determination when he or she loses the capacity to make health-care decisions for him or herself. The law has devised several tools to promote “prospective autonomy.” One mechanism is the instructional advance directive or living will. But most of us do not write such directives. Another mechanism is the proxy directive or durable power of attorney for health care, designating another person, a surrogate, to direct the course of our medical treatment upon our incapacity. But most of us do not do that either. Therefore, the most common mechanism by which our prospective autonomy is protected and promoted is through the informal selection of surrogates based on statutory priority lists. These “default” surrogates are the most numerous type of surrogate. This article explains the importance and legal fundamentals of surrogate decision making. It first describes five basic types of surrogates. The article then looks at the role of these surrogates and how they are supposed to make decisions on the patient’s behalf. Unfortunately, surrogate performance is often mediocre or poor. There are significant and persistent obstacles to good surrogate decision making. After explaining these problems, the article concludes by identifying several solutions.



Fist Fight and Love Triangle In Pennsylvania Costs One CEO His Job -


A job paying $4.5 million a year is not easy to come by, at least in my area of the world it’s not.  He used to have clout and now with this all over the media, I guess time will tell imageif it stays or goes away.  This is bizarre as his mistress as she is called moved out from her home with her husband, and then the former CEO, Melani hired a private detective to follow her.  Something must have been cooking as he showed up and the husband was there and it sounds like that’s what erupted into a fist fight.  Highmark as a company also has this battle in place with UMPC. 

Hospitals and Insurance Company Competing for Patients In Pittsburgh–Contracts In Question


From the website:


“Our history of helping families and companies with their health insurance needs dates to the 1930s, when our predecessor companies were established to helpimage Pennsylvania's residents pay for health care.

Highmark was created in 1996 by the consolidation of two Pennsylvania licensees of the Blue Cross and Blue Shield Association — Pennsylvania Blue Shield (now Highmark Blue Shield) and Blue Cross of Western Pennsylvania (now Highmark Blue Cross Blue Shield). We are now one of the largest health insurers in the United States.”

In addition Highmark and the Blues Group, which was their origin also bought NaviNet which is a Health IT technology company that connects medical records. So there was a lot going on for sure business wise and otherwise.  BD 

Blue Cross/Blue Shield Insurers and Highmark Acquire NaviNet Transactional Portal And Medical Records Vendor–Subsidiary Watch

Video below and is appears they both the husband and the doctor had bleeding faces and the board of directors held a meeting hours after the assault.  BD



He held the CEO post of one of the largest health care providers in PA and now he is facing serious allegations following a sex scandal.
Here in Central PA, thousands are employed by Highmark and shocked to hear the news that higher-ups fired CEO Doctor Kenneth Melani Sunday morning.

Dr. Ken Melani is out as CEO of Highmark, a post that paid $4.5 million a year and gave him serious clout in the industry.
Melani is accused of getting into a fist fight in a neighborhood near Pittsburgh with the husband of Highmark employee Melanie Myler who he was allegedly having an affair with.
“The reports are scandalous in nature, it isn’t flattering,” stated attorney Robert del Greco.
Melani’s attorney went onto say they don’t know if he was fired under moral grounds or something else entirely.



http://www.whptv.com/news/local/story/Highmark-CEO-fired-over-love-triangle-brawl/ki_NJGqU1EKAeKFIwW16sg.cspx

Neupro Patch Gets FDA Approval for Advanced Stage Idiopathic Parkinson’s Disease and Restless Leg Syndrome

The patch is worn for a day and imagecontains a sulfite, sodium metabisulfite that some are allergic to and you have to watch for a few other drug interactions with anything that causes drowsiness and there’s a side effect of hallucinations and that side effect is higher with those who have Parkinson’s disease. 

Another side effect is an urge to behave unusually, urges to gamble or increased sexual urges.  This is right off the website with the warnings.  The drug is said to stimulate dopamine receptors that regulate movements.  BD


BRUSSELS & ATLANTA--(EON: Enhanced Online News)--UCB announced today that the U.S. Food and Drug Administration (FDA) approved Neupro® (Rotigotine Transdermal System) for the treatment of the signs and symptoms of advanced stage idiopathic Parkinson’s disease (PD) and as a treatment for moderate-to-severe primary Restless Legs Syndrome (RLS). Neupro® was previously approved by the FDA for the signs and symptoms of early stage idiopathic PD. Neupro® is a dopamine agonist patch that provides continuous drug delivery for patients with PD and RLS. The FDA has also approved UCB’s new formulation of Neupro®.

“RLS can be a serious condition with symptoms that affect patients during the day as well as at night; and Parkinson’s disease symptoms can have a broad impact on patients. Neupro® provides a novel way of treating RLS and PD through continuous transdermal dopaminergic delivery. It can help patients manage the unpredictable nature of these chronic conditions,” said William Ondo, M.D., Professor, Department of Neurology, University of Texas Health Science Center at Houston.

http://eon.businesswire.com/news/eon/20120402006986/en/Neupro%C2%AE-Approved-U.S.-FDA-Parkinson%E2%80%99s-Disease-Restless?utm_source=dlvr.it&utm_medium=twitter

Express Scripts and Medco Get Federal Approval To Merger Valued at $29 Billion - Is It All About Data to sell for Bigger Profits?

This means more mail order prescriptions on the way

eventually as almost all health plans today have one.  I wonder how this affects chain pharmacies like Walgreens who are still disputing contract amounts with Express Scripts.

  Blue Cross members can’t get prescriptions there so now does it all switch over to Medco? 

Express Scripts to buy Medco for $29 Billion–Medco 2nd Quarter Profits Were Down 4% And the Profit Algorithms Once Again Are Hard at Work To Control Costs via Acquisition
 
The initial announcement of Express Scripts was announced in July of 2011.  When you add in Caremark as the other large PBM that’s like a huge amount of the mail in pharma business in the US.



Walgreen Dumps Express Scripts Pharmacy Benefit Manager–Contract Dispute With Reimbursement to Retail Chain Too Low


Now let’s look at something else going on in the drug business with FICO selling software to companies such as PBM managers and now it gets interesting with analytics that are using mismatched data that has been spun and marketed, with FICO claiming they can predict medication adherence.  How man PBMs are buying this and what will it do for access for patients?  This is just one more example on how marketing today puts a wild spin on things and it goes on behind the scenes and denies due to parameters not being met, whatever they are.



FICO Analytics Press Release Marketing Credit Scoring Algorithms to Predict Medication Adherence–Update (Opinion)

One thing to keep in mind today is that with mergers and acquisitions, along comes aggregation of data for analytics and to sell for a profit and PBMs do that big time and companies are making billions selling data so again keep that thought and the acquisitions of today might look a little different to you as if Walgreens in the SEC statement in 2010 made short of $800 million selling data, just think what these two conglomerates make, it makes my head spin and wonder if selling prescriptions is merely the gateway to profits on selling data.  I’m not the first one to say this and I won’t be the last.  If you know math and see that Walgreens number, you can’t over look it.  BD

 



Despite potential antitrust concerns and vocal opposition by some lawmakers and consumer groups, Express Scripts and Medco Health Solutions, two of the nation’s largest pharmacy benefit managers, said Monday that federal regulators had approved their $29 billion merger.

The decision, by the Federal Trade Commission, to let the merger proceed was not unanimous, indicating conflicting views among the agency’s top regulators over whether to challenge — or impose limitations on — the combined company. After eight months of review, the F.T.C. commissioners voted 3-to-1 to close the agency’s investigation.

The acquisition of Medco by Express Scripts, based in St. Louis, creates what is now the industry’s largest player, with $116 billion in 2011 revenue. CVS Caremark, itself the product of a merger between a large drugstore chain and a benefit manager, is now the second-largest competitor with $107 billion in revenues.

Pharmacy benefit managers, known as P.B.M.’s, manage prescription drug plans for employers and insurers. They serve as middlemen between the drug companies and the payers.

Two groups, which represent community pharmacists and chain drugstores that have strenuously objected to the combination, filed a lawsuit last week seeking to block the merger. The National Community Pharmacists Association and the National Association of Chain Drug Stores, which see the combination as problematic for pharmacies, said they planned to pursue their litigation.

http://www.nytimes.com/2012/04/03/business/ftc-approves-merger-of-express-scripts-and-medco.html?_r=1&smid=tw-nytimeshealth&seid=auto

Over Diagnosing for Breast Cancer? Report Suggests Some Treatments Were Not Needed

This is one that I know about through my mother as we had this happen.  It turned out she did not have breast cancer and a “mass” was found.  I’ll make this brief but she imagewas over-diagnosed when the x-ray was blown up to further investigate.  That lead to a biopsy which was also messed up and if she would have gone for treatment for this tiny miniscule mass they found with radiation, she may not be here today at age 87 and this was about 3 years ago when all this occurred. 

Upon consulting with a veteran surgeon who went over everything in detail he said yes she has a mass but it was not cancer and he has done a ton of surgeries for breast cancers so he was experienced. 

He gave her the choice though of having it removed or not and when we discussed it we decided against it and keep in mind too this was at a time when propofol was hard to get all the time and he informed her he would need a “special anesthesiologist” to work with another drug and keep her “under” time down to an absolute minimum as even he knew after seeing her chart that her health was a bit on the fragile side with a long history of blood pressure, heart problems and diabetes. 

After all was said and done the insurance company went back to investigate the original oncologist and radiologist. 


The radiologist had called my mother about her experience with the oncologist as well and about the office since they were new partners.  The radiologist left and went elsewhere and the insurance company ended up fining the oncologist who seemed to be more interested in making my mother a case study than treating her cancer.  This is not representative of most doctors thank goodness and the pressure to sign up after the consult from the messed up biopsy was horrendous.  She could not get out the door without making her appointment for the treatment with the brand new Mammosite machine they had just purchased. 

FDA Clears Hologic's MammoSite(R) Multi Lumen Radiation Therapy – Breast Cancer


She made the appointment, went home and then cancelled the next day and the girl in the office was scared half to death over her job as she was evaluated on her patients relations and bookings for treatments for productivity.  So much for pay for performance at this level I said. 
 

So in summary screenings are still good in my opinion; however involving the patient here as we were with my mother lead to a very different outcome and results from the moment that she was told she had cancer.  Of course she signed all the releases for the doctors stating that she was declining radiation treatment.  After our experience with weighing everything and especially after the consult with the surgeon we felt we made the right decision. 

Again this was a very tiny spot and the following year her mammogram was clear!  But wait, 2 years later next mammogram and they again find a tiny spot and again blew it up to investigate and again I’m not picking apart the procedure or doctors at all, but, it was good to have case history and see almost the exact same thing as what set off whistles and bells 3 years prior and again we stopped there once more and opted out for surgery.  She’s still here today and again I can’t emphasize enough that each case is its own and we were and are lucky but I also understand that this is just her case and everyone needs to get all the information they can and make their own decisions.   BD

(Reuters Health) - A new report suggests that when a breast cancer screening program was rolled out in Norway, up to 10 women were diagnosed and treated for cancer unnecessarily for every breast cancer death that was prevented.

That’s because when doctors screen for cancer in women who don’t have symptoms, it’s impossible for them to tell whether a tumor picked up by mammography will grow quickly into advanced cancer or will only progress slowly or not at all, said lead author Dr. Mette Kalager.


You have to really consider the benefit and the harm against each other, and really think through: what is my risk of dying from breast cancer, and what is my risk of being overdiagnosed?" she said.

http://www.reuters.com/article/2012/04/02/us-breast-cancer-idUSBRE83112U20120402

Oracle Buys Cloud Based Clinical Trial Application Company–ClearTrial

It was not too long ago that Oracle Larry Ellison received an award for his contributions

to Health IT from the NIH.  We see the move with analytics all over healthcare today so this makes sense for Oracle to be in this business.

image

Oracle and Clear Trial will continue to operate as separate companies and biopharmaceutical, device and diagnostic companies are under more pressure than ever today to keep things in a budget for sure.  BD

 

Larry Ellison Announced As Distinguished Medical Informatics Awardee for His Contributions to Health IT and the Ellison Foundation From the Friends of the National Library of Medicine (NIH)

Summary: Oracle plans to combine its analytics resources to ClearTrial’s imagecloud-based clinical trial operations applications to produce a single, cheaper option for biopharmaceutical and medical device companies.

Oracle is beefing up its health sciences suite (and its cloud-based solutions portfolio) with the acquisition of ClearTrial.

ClearTrial is a provider of cloud-based clinical trial operations applications intended to facilitate the planning, sourcing, and tracking of clinical projects while ensuring a more accurate and faster financial performance. Its customer base ranges from emerging companies to top-tier biopharmaceutical companies

.

http://www.zdnet.com/blog/btl/oracle-acquires-cloud-based-clinical-apps-provider-cleartrial/72748

Study Suggests that Pay for Performance Incentives for Hospitals Is Not Leading to Better Patient Outcomes

Back in January of 2011 we had another study saying the same thing so we can add one more bit of information to the theories that pay for performance are worthwhile?



Does this further suggest that insurers all over are not getting their money’s worth?  If imagehear from their side, which if focused on reimbursements you might hear a different story but I’ll take the clinical side any day as we know all about the algorithms built for profit and it’s getting harder to do both with better clinical outcomes and at the same time apply fixes for the payments.  Sure hospitals are getting to be a lot smarter with “running the business” but what are we here for, better outcomes or better financial management and you sometimes wonder about the financial side as hospitals are still going broke all over.  BD 


Pay For Performance Is Not All That It Has Cracked Up to Be-Time to Rethink As Money Is Not Creating Better Health Outcomes


(Reuters) - A program to pay hospitals bonuses for hitting key performance measures, or dock them if they miss, failed to improve the health outcomes of patients, according to a large, long-term study.

The study could lead to a re-examination of financial incentives in healthcare, as policymakers seek ways to reward results rather than paying doctors and other providers for each service they provide, such as a diagnostic test.

Such an incentive program for hospitals is a key provision of the U.S. healthcare overhaul law that is being challenged this week before the Supreme Court.

The study looked at pay-for-performance incentives similar to those in the law and found no evidence that the program helped more patients live longer. It was published on Wednesday in the New England Journal of Medicine.

http://www.reuters.com/article/2012/03/28/us-usa-healthcare-compensation-idUSBRE82R1F720120328?feedType=RSS&feedName=healthNews&utm_source=dlvr.it&utm_medium=twitter&dlvrit=309303

Expiration Date - Theater on Facing Death

If you are in Minneapolis during the next week, head over to Uptown to see Expiration Date.  This was an impressive and moving theater piece about facing death.  It was under 90-minutes long.  After a nice ride along the Mississippi and a bluff-side picnic, this was a fantastic capstone to my afternoon.
 

New Book - "It's OK to Die"

Dr. Monica Williams-Murphy vividly recalls performing emergency chest compressions on a 100-year-old nursing home patient with advanced dementia.  Lacking a 'Do Not Resuscitate' order, Williams-Murphy was obligated to do all she could to try to save a woman that she knew was beyond saving.  "I wasn't going to bring her back to something better." That experience got the Huntsville, Alabama Hospital emergency department physician thinking about why frail elderly people often get the "full-court medical press" at the end, rather than being allowed to slip away peacefully.   The result is "It's OK to Die," a new self-published book that she hopes spurs readers to have those difficult but important conversations about end-of-life decisions.


A Third Generation Approach to Medical Futility

In the latest issue of Health Care Ethics USA [20(1), Winter 2012], Ron Hamel and Michael Panicola contribute "Enhancing Communication and Coordination of Care: A Third Generation Approach to Medical Futility."  Hamel is Senior Director of Ethics for the Catholic Health Association.  Panicola is Director of Ethics for SSM Health Care in St. Louis.  





They trace the history of approaches to futility:  (1) definitional, (2) procedural, and (3) surrogate selection.  But they found that these approaches were not adequately addressing a significant increase in futility cases at SSM acute care facilities.  Futility policies were not followed, because physicians, who "felt as though they had no legal coverage," usually "ended up acquiescing to requests for treatment."  Hamel and Panicola describe an approach focused on preventing conflict from arising in the first place, including care conferences automatically triggered for "patients with an ICU length-of-stay of more than five days."  Included with the article are seven pages from SSM's "Health Care Guidelines."  These are good guidelines.  Other facilities should consider incorporating aspects into their own policies.  





But the SSM Guidelines have some limitations.  First, section I(E) advises physicians to "offer only those treatments that are reasonable and realistic in light of the patient's overall condition."  But this seems to ignore the diachronic nature of critical care.  Certain interventions might have seemed appropriate at T1.  The futility conflict arises weeks or months later after it becomes increasingly obvious that the intervention that, at first, seemed appropriate is no longer indicated.  It is precisely this situation that frames the Rasouli case pending before the Supreme Court of Canada.  





Second, section II(G2) of the guidelines advises that if agreement cannot be reached, then treatment "could be withdrawn provided there is wide agreement among the attending/primary physician, other caregivers, hospital president, ethics committee, and so on."  The family "should be notified" and "given an appropriate time to reconcile with the situation or make alternative plans."  But this unilateral action is unlikely to be taken.  As Hamel and Panicola observe at the start of their article, a procedural approach does not work without legal cover.  Oddly, the policy does not include surrogate selection as a dispute resolution pathway.



Idaho Anti-Futility Bill Passes House and Senate

Doctors and nurses in Idaho could soon face stricter limits on when they can withhold care to dying patients without the patient's consent.  The House voted 57-12 Wednesday along largely party lines to approve a measure some pro-life groups say is needed to bolster respect for people's lives - at the end of their lives.  The Senate already approved the measure, so it's headed to Gov. C.L. "Butch" Otter's desk.  


House sponsor Rep. Erik Simpson of Idaho Falls said the bill remedies loopholes that could allow physicians to deny life-prolonging treatments against the wishes of patients' family members.  But Democrats including House Minority Leader John Rusche, a medical doctor, worried this measure creates potential conflicts with laws meant to protect medical staff who must make heart-wrenching decisions about dying patients. -- Idaho Statesman  I will analyze the implications of the bill shortly.





Read more here: http://www.idahostatesman.com/2012/03/28/2054273/house-gop-backs-end-of-life-treatment.html#storylink=cpy

Hospitals and Insurance Company Competing for Patients In Pittsburgh–Contracts In Question

In this case it’s Highmark and UPMC in the Pittsburg area.  It’s interesting to listen to the comments in the video and the “deals” are discussed here.  They bring up United Healthcare buying up physician’s groups and we have that big in the OC.  image

United Healthcare Acquisition of Monarch Healthcare HMO Already Causing Confusion and Access Problems for Blue Shield Patients in Orange County


Health Insurance Contracts at the OC Corral–Lawsuits, an ACO and A Lot of Mixed Up and Confused Patients As Data Disruption and Patient Care Move Center Stage…


This is really getting tough for patients and again being here in the OC I am hearing a few issues and Blue Shield is suing the part of United that is part of the two big doctor groups.  It was just a couple months ago that Blue Cross and Highmark bought NaviNet which is used by several insurance companies so the insurers here have a joint effort.  Highmark also handles a lot of Medicare through contracts from CMS. 


Blue Cross/Blue Shield Insurers and Highmark Acquire NaviNet Transactional Portal And Medical Records Vendor–Subsidiary Watch


Blue Cross and Highmark back in 2009 tried to merge with each other which I believe was not allowed as they are both obviously different companies still.  I’m glad this is starting to get some national attention as again I see it here in the OC and it’s doing nothing for patients here either.  BD 

 

WSJ's Anna Mathews examines a battle being waged between Pittsburgh's UPMC hospital and insurer Highmark over patients and how consolidation in the health-care industry is spurring similar tensions.

 

http://online.wsj.com/video/a-supercomputer-to-rival-watson-from-jeopardy/C18EA6E2-E536-48E8-8A43-8774D80306A7.html

Orange County Oncology Doctor Who Couldn’t Stop Defrauding Medicare Will Get His License Back After He Serves Time & House Sold for Just Under $10 Million

This was the oncologist that couldn’t help himself and made millions and on top of this the government seems to have messed up with the auctioning of his big house.  The sale of his house was supposed to pay off damages and give the government some money back but the government liens were not filed against the Justices as individuals so the trustee says they will get zero.

The house by the way sold for just under $10 million so the defrauding business was good while it lasted and this was his second go around as he was slapped on the hands basically the firs time.  If there were big payments due on that house, no wonder he couldn’t help himself maybe?  BD

 

Orange County Oncologist Gets Sentenced to 18 months Prison – Diagnosed With “Co-Dependency”- Couldn’t Stop Fraudulently Billing Medicare

A technical glitch overlooked by federal prosecutors may impede the U.S. government from collecting nearly $7.6 million owed by an Orange County physician convicted of Medicare fraud.

The sale of Dr. Glen Justice’s beachfront Corona del Mar house was supposed to pay off damages and restitution he owes the government.

But a court-appointed trustee maintains that the government should get nothing from a sale now in the works because government liens were filed against the Justices as individuals and not against the trusts named on the deed.

Justice pleaded guilty in 2010 to five counts of fraud for billing the government and private insurers for expensive cancer drugs that were never given to patients.

http://lansner.ocregister.com/2012/03/23/did-feds-goof-in-convicted-doctor-case/160064/

The Wrath of Dr. Khan–ER Versus Medicine Video (Humor)

This is just too funny…only an ER doctor…and glad he has a sense of humor too.

 

Wrath of Dr. Khan

 

 

We certainly need a break now and then.  BD

A Helping Handbook - When a Loved One is Critically Ill

A FREE 50-page resource for caregivers, patients and families facing terminal illness.


What do you say to someone who is critically ill? 
How can you provide comfort and honesty?
 How do you handle your fear, sadness and anger? 
How can you effectively deal with busy doctors? 
What do you say to yourself when you're alone? 


A HELPING HANDBOOK--WHEN A LOVED ONE IS CRITICALLY ILL provides a private place to explore and express conflicting feelings, paving the way with inspirational poetry. 


Idaho Anti-Futility Bill Proceeds to Second Chamber

Idaho S.B.1348, which has already been passed by the Idaho Senate, was today cleared by the House State Affairs Committee.  (Spokesman Review)



BATS Stock Exchange IPO Rogue Algos–Attack of the Killer Algorithms Chapter 25–See How Other Killer Algorithms Occur in Every Day Life With Healthcare & Credit

If you haven’t figured this one out yet, it’s about computer code and “rogue” algorithms and this can happen at any time, any place and so forth.  Most all in tech know that even the best engineers cannot predict when and where but they do imagehappen and you can reflect back on the big Amazon cloud disruption that took place last year.  We don’t like it of course but it’s something we have to live with and the folks at BATS were smart in shutting it down immediately and not seeing a a self heal function would take place.  In addition, the circuit breaking “code” algorithms kicked in, which is a good thing.  Smart engineers made the right decisions at BATS and they will have to regroup and make their come back.

This is just one example on how we as consumers are all at the mercy of the Killer Algorithms at some point in time.  When you have servers running 24/7 making life impacting decisions about you that you can’t see, touch or talk to, it is frustrating for sure.  In healthcare, insurance companies live and die by their algorithms which analyze information and categorize almost everything about us. 

The big problem today is “flawed data” gets in there either by accident or by human error, or by a rogue algorithm.  Below is a digest of links and a great video that debunks a lot of the reports and methodologies used at times and how some of the marketing for profits created “designed” algorithms that specifically move money and you don’t even see it. Context is everything today and when we roll in some big data and we have some flaws in the integrity of what gets rolled in, then sometime we can’t see the bottom or the top.  Ever wonder why it takes so long to get errors fixed?  Some folks don’t update frequently enough too.  You just never know when the algos are going to bite. 

Attack of the Killer Algorithms–Digest & Links for All Chapters–How Math and Crafty Formulas Today Running on Servers 24/7 Make Life Impacting Decisions About You–Updated 3-11-2012

This also looks like a good spot to repeat the TED video from Kevin Slavin who talks about how algorithms shape our world.  If you have not seen this video, take a look now at this mini crash and see how Nanex and other companies study these rogue algorithms to find out how the machines with no input do a lot of this.  It’s machine talking to machine and again when human is in there with potential flaws, time to pay a little attention here.

“It’s a bright future if you are an algorithm” but we can’t say the same for humans right now.

This is a good time for me to repeat a link to a post I made 2 years ago and I think we are almost here in needing a Department of Algorithms or something like it very soon.  Business trumps government every time when it comes to algos for profit sadly.  BD

“Department of Algorithms – Do We Need One of These to Regulate Upcoming Laws?
How Algorithms Shape the World

Not only has BATS CEO Joe Ratterman released a letter to investors and clients, when you visit the Lenexa, Kansas firm's web page, you have the option of downloading a PDF explaining what caused the meltdown. If this self-inflected wound weren't damaging enough, the BATS meltdown also drove down Apple's stock price an estimated 9 percent with it before the circuit breakers kicked in.

The BATS IPO auction system glitch played a role in an issue resulting in the halting of Apple Inc.'s stock for five minutes. Three erroneous prints occurred that triggered a single stock circuit breaker for the AAPL ticker. Normal trading in AAPL resumed after the five minute trading pause and the three erroneous trades were later broken.

While it was unfortunate that our issues impacted another security, the industry's single stock circuit breaker system worked as planned and proved that recent improvements in U.S. equity market structure are working as intended.

http://www.advancedtrading.com/blogs/232700223?cid=twt_AT

Discussion on Supreme Court Hearing on Healthcare Reform–How Will This Play Out With Current Day Algorithms of Commerce And Unintended Consequences-Video

Do we think that they are immune from politics is one of the questions discussed here.  Granted there are changes to be made and amendments but to throw out Healthcare revision totally is not wise. When you stop and think of all the unintended consequences that will arise, it’s scary.  Again I go back to reviewing how it will play out with IT infrastructure as that’s what’s running the country anyway once it is put in place. 

You do have to admit as complicated as things are today you have to do your best to look at each portion and what changes would take place.  The business and banking areas are prepared as they always are to adjust their algorithms to maintain profit levels and THEY WILL RUN THEIR ANALYTICS and probably already have done some work in this area with projecting several different outcomes so they can move quickly in whatever direction they need.  It is what it is today with intelligence and formulas.  One health insurance company United recently hired the former US Assistant Attorney General from Minneapolis as a general counsel so that somewhat signals an area of preparedness on the part of big business here. 

Supreme Court Likely to Rule on Healthcare Law Early Next Year–This Gives The Justices Time to Rent Some Computing Space from the DOE As They Will Need It

With other attempted rulings we have had judges with potential conflicts of interest arise and this was mainly due to the fact that there seemed to be a huge neglect of mergers and acquisitions within the industry, which is pretty much still ignored to a degree and not discussed enough. 

3 Judges in Health-Care Lawsuits Caught Up In Potential Conflict of Interest-It’s Called Subsidiary Watch-Be Aware of Your Investments With Mergers and Acquisitions

Last year too I did raise the question of any judge being capable of a decision as it’s not easy and how will the language be interpreted.  Once the text goes into place, next stop is the IT infrastructure and I know many don’t like to hear this or talk about it much but again it’s the reality of world we live in today. 

Healthcare Reform Law– Is Any Judge Fully Capable of A Decision on a Law That is Challenged By Constantly Changing Algorithms?

If the ruling is not modeled correctly with looking at how each part would change and affect consumers and those in the industry, we are in for a huge roller coaster ride and perhaps more of a return to the Wild West.

The Good and the Killer Algorithms will move forward based on rulings and decisions made so again I hope the court is cognizant of this fact in what ever they choose. 

Attack of the Killer Algorithms–Digest & Links for All Chapters–How Math and Crafty Formulas Today Running on Servers 24/7 Make Life Impacting Decisions About You–Updated 3-11-2012

How many laws come to think of it are “unworkable” today?  Intellectual arguments can be made but the ultimate answer here I think is to embrace a single pay system as the bandaids are not working and again economic times have changed since the law was put in place, so to strike it down completely would also be foolish at this point.  We don’t live in times any longer where laws last forever as passed.  BD 

Does Congress have the power to mandate that everyone in the U.S. have health insurance? The Manhattan Institute's Avik Roy and Columbia University's Gillian Metzger discuss the Supreme Court's hearing of the case with WSJ Legal reporter Ashby Jones.

http://online.wsj.com/video/the-constitutionality-of-health-insurance-mandate/5714E905-AFB2-4F72-91DB-51F40A352358.html

US Chamber of Commerce Working on Full Scale Mission With Seeking Life Sciences Opportunities in Israel

You can see some of the major companies included in this area and when you think imageof it a lot of the Intel technologies for chips has come from Israel for a long time; however in this instance the focus is Life Sciences.  Biotech conventions in Israel are also very hot and I do website that features interviews with many of the CEOs of Israeli companies and you can view a collection here.  

Another example is the Mayor of Akron who attended the ILSI BioMed Conference last year, getting educated and seeing what biotech interests he could bring back to hospitals in his city.  BD 

video platformvideo managementvideo solutionsvideo player

The U.S. Chamber of Commerce on Sunday embarked on its first full-scale mission to Israel, with the focus on the nation’s burgeoning life-sciences sector.

The U.S. Israel Business Initiative, a special section of the U.S. Chamber of Commerce launched in 2010, is meeting with key Israeli business and political leaders. A dozen high-ranking executives from major U.S. companies, including General Electric [GE 19.78  -0.07 (-0.35%) ], Boston Scientific [BSX 5.97  -0.03 (-0.5%) ], Oracle [ORCL 28.55  -0.08 (-0.28%) ], Merck [MRK 38.005  0.41 (+1.09%) ], and MedImmune, are on the tour. Myron Brilliant, senior vice president of the Chamber of Commerce’s international division, is leading the delegation.

One of the main goals of the trip is to facilitate investment and cooperation between American companies and Israeli leaders in life-sciences industry, including companies that specialize in medical devices, bio-pharmaceutical firms, and genetic research. Over the next few days, executives on the Chamber's mission will meet with leaders in Israel’s life-sciences sector directly.

“There’s a real entrepreneurial spirit in Israel,” said Marc Perlman, global vice president, health care and life sciences, for Oracle. “It’s clear Prime Minister Netanyahu is very excited about Israeli innovation. When it comes to bringing investment into this country he gets it.”

http://www.cnbc.com/id/46850417

Poet Sheila Black considers pain, disability, selfhood and ‘the problem of normal’

Interesting blog posting by Robin Amer about how poet Sheila Black has been inspired by the depictions of pain and selfhood evident in the work of Freida Kahlo.

Decision Making for the Unbefriended Patient

The first of my two-part series with Tanya Sellers on decision-making for the unbefriended patient has been published in The Journal of Clinical Ethics 23(1).



"Expiration Date" - Minneapolis Theater on Confronting Death



I just bought my tickets for this theater work called Expiration Date.  A Health Care Directive workshop will be offered free to the community following the Sunday, April 1 matinee performance. This workshop is made possible through a partnership with Honoring Choices Minnesota, an effort of the Twin Cities Medical Society and its Foundation to encourage families and communities to have discussions regarding end-of-life care choices. 


Here is a description of the play:
EXPIRATION DATE is a new multidisciplinary, solo theater work created and performed by Candy Simmons. What would you do if you had six months to live? For some this fate is a question for a party game, for Lucille it’s an earthshaking reality. Through a multi-character performance, layering traditional monologue, video, music, and movement, we experience the story of Lucille, a young woman struggling with the realities of a terminal diagnosis. Lucille’s journey offers an unsentimental, raw, irreverent, and darkly-comedic peek into the approach of the end of one's life. The creation of this work is a blend of fiction and personal experiences woven together with stories Ms. Simmons has collected via video interviews around the subject. Zenon Dance company member Tamara Ober contributes to the project as choreographer.
Here is a statement from the artist:
Dying is messy, its uncomfortable, its incredibly final, and for these reasons I believe the topic of death has almost become taboo in our sterile society. We don’t want to talk about it; we don’t want to think about it. We like options. We like things to be clearly explained, to be tied up in nice little packages. The problem is, that when the unthinkable becomes reality we are so unprepared that life then becomes the obstacle. Our inability to discuss end-of-life, the abject fear of verbalizing the event at all, cheats us out of some absolutely beautiful opportunities along the way, as well as leads to a host of medical conundrums our loved ones are left to solve.   
My intention in creating EXPIRATION DATE was for it to be a conversation starter, and in many ways it already has. An important part of the process in creating this piece has been conducting interviews with the community regarding their experiences with death and end-of-life decisions, as well as health care professionals. These video and audio interviews offered beautiful source material as the work was created, informing character studies and scenes. The process of conducting these interviews figures into the larger scope of the project for me also, allowing the impact to be felt outside of traditional theatre walls. 
Following the two-week Minneapolis run, EXPIRATION DATE will be seeking touring opportunities within hospitals, hospices, and other interested communities across the state of Minnesota.   



The Law of Unwanted Resuscitation

Much of my blogging (and much of my scholarship) focuses on the situation in which healthcare providers want to refuse patient- or surrogate-requested life-sustaining treatment.  But an equally or even more common situation is one in which clinicians provide life-sustaining treatment that the patient does not want.  For example, the patient might be resuscitated contrary to her living will, advance directive, DNR order, or POLST.  I started collecting these sorts of cases here.  


I am preparing a comprehensive summary and assessment of legal liability for unwanted resuscitation in much the same manner that I did here for medical futility.  I would greatly appreciate referral to relevant court cases, administrative sanctions, or other legal actions.


Physicians and Safe Harbor Legal Immunity

My law review article, "Physicians and Safe Harbor Legal Immunity" has been published in 21(2) ANNALS OF HEALTH LAW 121-135.  The draft version is available here but will be replaced shortly with the as-published version.  Here is the abstract:


Professor Sandra Johnson has identified what she calls physician’s “bad law” claims. In some circumstances, physicians perceive that there is significant legal risk in doing what they think is clinically appropriate. In response, physicians sometimes take a medically inappropriate course of action, because it appears safer. For example, physicians might feel intimidated by aggressively enforced drug control laws. In response, they may under-treat patients’ pain to avoid perceived (and real) threats of investigation, discipline, or criminal prosecution. In short, well-meaning laws sometimes have the unintended side-effect of incentivizing physicians to do “bad” things.


Johnson identifies three responses to physicians’ “bad law” claims. Each of these is aimed at “relieving [physicians’] fears and reducing or managing the legal risk, real or perceived, so that doctors can freely engage in the socially desirable behaviors threatened by the operation of the putative bad law.” First, to the extent that physicians’ fears of the law are based on misinformation or misunderstanding, it might seem that they could be educated about the actual (often low or virtually non-existent) legal risk. Second, if physicians perceive a particular desirable course of action as too risky, asymmetrical incentives might be eliminated by making inappropriate alternatives equally risky. But Johnson explains that these two responses are typically unlikely to be effective.


The third response to “bad law” claims is safe harbor legal immunity. Johnson observes that this is one of “the more familiar legislative responses to physician-reported fears of legal risks.” Indeed, it would seem to be the strongest legal weapon in quelling physicians’ fears of legal risk. Immunity, after all, is a classic mechanism for encouraging legally fearful individuals to do their job. But Johnson concludes that “the evidence seems to indicate otherwise.”


When does legal safe harbor immunity work to dispel physicians’ legal fears? When does it fail? What are the essential attributes of an effective safe harbor? What are the limitations? These are the question that I will address in this Article. In Section I, I provide a brief taxonomy of medical safe harbors. In Section II, I outline the essential attributes of an effective safe harbor. Finally, in Section III, I discuss three key limitations of medical safe harbors. Notwithstanding these limitations, I conclude that safe harbors can be an efficacious mechanism for addressing physicians’ “bad law” claims. 


“Remote Area Medical–California” Begins Four Day Free Medical Clinic in Oakland–Volunteers Needed

Folks are traveling all the way from Napa to get care at the free medical clinic.  RAM does good work and thank goodness they are here and this is a reminder of the failing healthcare system in the US for sure.

The same problem exists in imageCalifornia as they have had at other free clinics and that is getting enough volunteers.  RAM was just in Sacramento and Oakland last year and has done a lot in California.  RAM has grown to have it’s own California branch so again what does that tell you about people needing medical care and having to go to the Coliseum to get it. 

Remote Area Medical Wraps Up Free Medical Care Clinic in Sacramento and Moves to Oakland For Another 4 Days of Free Care

For additional information you can visit the RAM California website to check on times and dates. Now notice one thing here again, we have a group that is dedicated to California which is part of the over all RAM group, so again the free clinics are growing as our healthcare system continues to fail.  When you watch the video they had to close early as they didn’t have enough volunteers.  BD

OAKLAND, Calif. (KGO) -- An amazing four-day program is underway in Oakland to provide free dental, medical, and vision care.

It is being offered by the Remote Area Medical Foundation (RAM) and imagethe program filled up quickly Thursday. The problem was not the turnout of patients. Instead, it was the lack of doctors that forced them to close down early.

At 3:30 Thursday morning, volunteers handed out 400 numbers to people looking for a free health exam. Some of them camped out for their spot in line. "It's a long wait. It's cold, but it's worth it," one man told ABC7. By 9:00, the clinic was full. "I'm shocked because I came all the way from Napa. I didn't expect it to be closed for the day," Kenneth Profit said.

The problem is not space or lack of equipment. There are plenty of empty dental chairs set up inside the Oakland Coliseum. The issue is finding enough dentists and eye doctors. "We don't have the number of volunteers today that we would hope to have," RAM founder Stan Brock said.

Ann Dukes, R.N., is a manager at Kaiser Hayward, but on Thursday, she was doing triage. "When I'm at Kaiser I'm supervising, not touching per se. Here is hands-on," Dukes said. When asked what kind of satisfaction did that give her, she said, "A lot more than supervising."

http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=8591009

Wells Fargo Bank Files Suit Against Medical Development Intl Over Loan Defaults And Asked Judge to Appoint Receiver–Business Analytics Tactics and Algorithms Questioned

With $55.3 million in assets and $74.9 million in liabilities the money analytics are alive and running.  Medical Development according to the article here says that Well imageFargo became a “corporate raider” to divert company assets. 

Part of their business is in the Healthcare Analytics area with consulting for provider solutions.  The site states they have been a government contractor for years and has built healthcare networks and has a contract with the VA and also offers solutions for self funded employers. 

From the website below:

“MDI works along with healthcare payers to provide custom care networks, efficient administration and powerful analytics solutions. Our products and services allow administrators and healthcare professionals to:

  • Identify actionable items to reduce costs and manage risk
  • Create custom networks and plans for your clients
  • Eliminate overspending on duplicate or incorrect medical claims image
  • Evaluate complex health data in interactive, easy-to-use platforms
  • Create custom health programs for high-risk patients and disease groups
  • Predict future spending from the individual patient to the corporate level

All of our services are backed by dedicated cross-disciplinary support teams who provide IT assistance and personalized customer service, ensuring you'll always be equipped with the knowledge and ability to make practical, informed decisions.  This one appears to be one worth watching as perhaps their algorithms for analytics are either not making enough money or Wells Fargo perhaps was not providing adequate direction for them…who knows.  Now the company is also suing Wells Fargo too and is seeking $15 million in damages.

Banks and Health Insurance companies locking horns here and I bet the battles comes down to who’s business analytics algorithms caused the damage.  BD

Wells Fargo & Co. (WFC), the fourth- largest U.S. bank by assets, sued prison-service provider Medical Development International Ltd. in Delaware Chancery Court (1400L) seeking to recover $30 million in loans.

Wells Fargo said in complaint filed today in Wilmington that Medical Development, based in Ponte Vedra, Florida, has been in default on the loans “for quite some time” and asked a judge to appoint a receiver.

The company and affiliates have “also engaged in a series of self-dealing transactions including, among other things, so- called ‘loans’ to executives” for a “working farm,” a biographical screenplay and payments for “a Tesla Roadster,” lawyers for San Francisco-based Wells Fargo said in the complaint.

http://www.bloomberg.com/news/2012-03-23/wells-fargo-sues-medical-development-international-over-loans.html

FDA Considering Digitally Driven Kiosks for Self Diagnosis With Specific Conditions Via Algorithmic Processes

If you have heard or read the news of late it has been all over that the FDA is considering making certain drugs available over the counter that are now prescription only.  With that thought they are also investigating to see if a Kiosk imagewould be able to assist with helping patients find the correct medications along with doing a self diagnosis.  We have seen the kiosks that tele connect but these would be without the pharmacist and all done by the machine.  You can see what they have done in the UK with tele-pharmacists at the link below.

MedCentre Prescription Kiosk ATM-Like Machines May Give Pharmacies Some Competition in the UK – Installed at 5 Hospitals in the UK

The concern though is the usual error factor and mis interpretations and patients getting the wrong medication.  In essence though when you think about it this is not much different than today and buying the wrong thing when we self diagnose for the flu and other ailments we may have, except this is offering more knowledge available and if some of the current prescription drugs become OTC this is a concern as we are talking new drugs out there.  The targeted conditions/drugs presently being looked at are asthma, diabetes, high blood pressure, high cholesterol and migraines so there’s plenty of room for discussion here as well as development of an algorithm that could do the job without risking safety. 

I’m not sure we may see this anytime soon for some of the conditions as there’s a lot of work involved here with writing the code, testing and so forth.  I could see it initially available to perhaps do refills as a starting point.  The FDA has a way to go here with this project, but nothing will occur until decisions are made about which drugs come off the prescription list I would guess and there’s still the question of enough engineers at the FDA.  BD 

FDA and Medical Devices-Who Doesn’t Get This, They Are Looking for Engineers Just Like Technology Companies Are Doing- Get Some Congressional Digital Literacy in Place

Certain prescription drugs may soon be available to consumers through digital kiosks, rather than a doctor's diagnosis, underscoring the methods technology is transforming healthcare.

The Food and Drug Administration is mulling digitally-driven patient kiosks where people can self-diagnose for specific conditions through an algorithm-based survey. The process would drop the prescription requirement for certain treatments and common ailments.

Self-diagnosis would let users get medical care in a more convenient way. The kiosk concept under FDA consideration indicates the regulatory agency is taking a serious step towards using digital technology to deliver healthcare, moving away from relying on third-party app developers.

As the FDA hashes out its plans to eliminate the need for prescriptions, relying on modern technology is one way to streamline a process to help save medical professionals valuable resources in an overburdened system. But to make sure patient care remains a top priority, the FDA and industry professionals are sure to carefully determine how to make the process work without compromising a potentially life-changing diagnosis.

http://www.mobiledia.com/news/134007.html

More Intervenors in Cuthbertson v. Rasouli

Ten days ago, I observed it was good news that more parties were intervening in the important Cuthbertson v. Rasouli case pending before the Supreme Court of Canada.  It now appears there are even more intervenors.  The complete list now includes:
  • Consent and Capacity Board      

  • Euthanasia Prevention Coalition               

  • Canadian Critical Care Society    

  • Canadian Association of Critical Care Nurses       

  • Advocacy Centre for the Elderly and ARCH Disability Law Centre               

  • Mental Health Legal Committee and HIV & AIDS Legal Clinic Ontario





Minnesota to Host Public National Healthcare Decisions Day Events

Organizations throughout the state are collaborating to lead a massive effort highlighting the importance of advance care planning —an initiative that has culminated into naming April 16 National Healthcare Decisions Day (NHDD). In recognition of NHDD, a community-wide open-house will be held on Sunday April 15, from 1:30PM to 5:00PM at the Hilton Minneapolis/St. Paul Airport – Mall of America hotel in the Riverside Room, located at 3800 American Blvd. East, Bloomington, MN. This event is supported by Greater Twin Cities United Way. Community members are encouraged to come and get answers to their healthcare directive questions, complete an advance care directive and to help set a World Record for completing the most healthcare directives in one day! 


The FREE event will feature a panel of local experts on advance care planning from 1:45PM to 2:30PM. Following the panel, people can get assistance by trained facilitators with their advance care directives. Panelists include Ed Holland, Coordinator of Hospice Spiritual Care & Grief Support, Park Nicollet Methodist Hospice; April Boxeth, Attorney, Voigt, Rode, & Boxeth, LLC; Vic Sandler, MD, Fairview Hospice Medical Director; and Mary Schroeder, Clinical Manager Advance Care Planning & Community Palliative Care, Allina Home and Community Services. The panel will be facilitated by Jennifer L. Wright, Associate Professor of Law at the University of St. Thomas School of Law. 


This event, along with other statewide events, aims to increase awareness and answer questions about advance care planning.  Studies indicate that despite recent gains in public awareness of the need for advance care planning most Americans have not exercised their right to make decisions about their healthcare in the event that they cannot speak for themselves. A recent survey conducted by the Minnesota Network of Hospice & Palliative Care revealed that of the 400 Minnesotans aged 50-80 years responding to the survey 98.5% were aware of a health care directive or living will; however of those respondents, only 44.4% had completed one.


“As a result of National Healthcare Decisions Day, many more people in our community can be expected to have thoughtful conversations about their healthcare decisions and complete reliable advance directives to make their wishes known,” said Michele Fedderly, Executive Director, MNHPC, “Fewer families and healthcare providers will have to struggle with making difficult healthcare decisions in the absence of guidance from the patient and will be able to honor patient wishes when the time comes to do so.”
To learn more about this NHDD event, or find an event closer to you visit http://www.mnhealthcaredecisions.info/. 


 
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