AyerHoffman, LLP - Blog

Beyond Informed consent

2011-02-20T18:53:18+00:00

Using Washington as a guiding post, Massachusetts should pass a bill that provides immunity from suit under state informed consent law for physicians who use Patient Protection and Affordable Care Act-certified patient decision-making aids.

Apology/Disclosure Laws

2010-12-31T15:51:15+00:00

In an effort to enhance physician-patient communication in order to reduce the amount of medical liability issues nationwide, then-Senators Clinton and Obama introduced a bill (S 1784) that would have provided liability protections for physicians who disclose medical errors and offer to enter compensation negotiations with affected patients out of court. Under the disclosure program established through the bill, health care providers would have reported patient injuries to a designated officer who would determine whether those injuries resulted from a medical error. In the event that a medical error occurred, providers would have explained the incident to patients, offered an apology and entered into compensation negotiations. Such an approach would have likely improved the current status quo of patient safety as the bill sought to reduce the number of malpractice lawsuits and help physicians avoid repeat medical errors.

Death with Dignity

2010-11-23T03:42:17+00:00

In late February 2010, House 1468, “An Act Relative to Death with Dignity” which would allow terminally-ill residents of Massachusetts to self-medicate with lethal medication, was heard at the State House in Boston. The bill was filed on behalf of Albert Lipkind of Stoughton who died of stomach cancer after a five year battle. Specifically, the bill proposed that anyone 18 or older, who had been diagnosed by an attending physician as terminally ill, could request of that doctor a lethal dose of medicine to take on their own. If passed, Massachusetts would follow only Oregon, Washington, and Montana in implementing similar death with dignity laws. Although the bill has not yet passed, it has sparked great bioethical and moral controversy.

The Obesity Epidemic

2010-10-26T23:08:52+00:00

In 2001, then Surgeon General David Satcher stated that obesity had “reached epidemic proportions in America. Since then, and particularly within the past two years, most states have reacted to the rise of obesity rates and obesity-related diseases through the implementation of more nutritional public school lunches and safer community areas for exercise. Even with such improvements, state efforts have not matched the growing need to curb the obesity epidemic as nearly two-thirds or 68 percent of American adults are either overweight or obese and 31.7 percent of American children ages 2-19 are overweight or obese.

Dental Health Cuts

2010-09-30T11:32:32+00:00

As of July 1, 2010, about 700,000 Massachusetts adults lost much of their dental coverage through the MassHealth Dental Program, the public health insurance program. No longer will the approximate 130,000 elders of this population receive crucial services such as fillings, crowns, root canals, dentures, and other restorative services, such as gum disease. With these cuts taking affect, the only remaining coverage for members of the MassHealth Dental Program is for check-ups, cleanings, and extractions. Such a cut reflects the Patrick Administration’s desire to cut more than $800 million from next years state budget as such an elimination of adult restorative dental care will save the state upwards of $56.3 million.

Children’s Continuous Health Coverage

2010-08-28T00:23:08+00:00

It has long been understood that gaps in health insurance coverage significantly compromise an individual’s access to health care services. Further, the length of time an individual goes without health care due to such gaps, greatly impacts the individual’s quality of life. When this individual is a child, the problem warrants greater attention as it is crucial that a child receive necessary treatments and immunizations in order to ensure a healthy start in life.

Massachusetts Gift Bans

2010-07-15T18:55:57+00:00

On March 11, 2009, the Massachusetts Public Health Council adopted stringent regulations governing the sale and marketing practices of pharmaceutical companies. The regulations established the Massachusetts Pharmaceutical and Medical Device Manufacturer Code of Conduct, which requires pharmaceutical and medical device manufacturing companies to implement a compliance program reflecting the Commonwealth’s regulations on meals, use of non-patient identified prescriber data, gifts and other payments, and the like.

The Right to Health for the Most Vulnerable

2010-06-30T18:30:23+00:00

As it is, individuals who commit crimes are often marginalized. Since the public generally expresses little interest to ensure the welfare of such individuals, many of the needs of the incarcerated are unmet. Adding to the already vulnerable population of inmates is the sheer magnitude of mental illnesses within prisons, a population, which has grown over the years. An increase in the mentally ill in prisons came partly as a result of efforts in the 1970s to “deinstitutionalize” the mentally ill and close state-run facilities in favor of community-based treatment settings.

Health Care for All?

2010-06-10T20:40:56+00:00

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) foreclosed federally funded health coverage to immigrants who do not fall within one of the small number of “qualified alien” categories enumerated in that law. However, Massachusetts has chosen to provide health coverage to a range of immigrants ineligible for federally funded assistance.

The State of Health of Massachusetts

2010-05-03T17:21:01+00:00

Before we can effectively engage in a discussion regarding health care law in Massachusetts, it is important we understand generally where we were, where we are, and where we are going in regards to health care.