While the first two weeks of April are in the minds of many only
about income taxes, National Healthcare Decisions Day (NHDD)
is intended to add to the conversation and encourage individuals to
think and talk about their future healthcare decisions.
Held every year on April 16, NHDD raises public awareness of the
need for advance care planning. Advance care planning, through
advance directives, comes in two main forms:
A healthcare power of attorney that documents an
individual's choice to make healthcare decisions if the
individual is not able to make decisions.
A living will that documents the individual's choice
concerning end of life medical treatments.
Talking about healthcare and end-of-life issues can be
uncomfortable, but all adults can benefit from planning for their
healthcare choices if they are unable to speak for themselves.
The NHDD website provides resources to help guide these
conversations, links to state specific forms for planning, and
lists of events around the country that encourage advance care
In a time when everyone is focused on finances, NHDD encourages
everyone to think about other important planning matters. On April
16, 2011, take the time to talk to your family, loved-ones, and
advisors about some of the most important questions you face in
your own planning.
This nationwide advance directives educational event was founded
and is chaired by McGuireWoods partner Nathan Kottkamp.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Remember how Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), dismissed the §510k "substantially equivalence" medical device clearance as non-preemptive because it was supposedly "focused on equivalence, not safety"? Id. at 493.
The US Food and Drug Administration (FDA) related portions of the 21st Century Cares Act, found in title III, establish a streamlined process for the exemption of certain Class I and II devices from the premarket notification requirement and allow for the establishment of revised regulatory standards for accessories to high-risk devices.
Hospitals are commonly named as defendants in medical malpractice lawsuits for claims arising from alleged injuries within their walls, but what is their exposure to liability for claims that arise from alleged sexual assaults by staff on their premises?
Eric Fader was quoted in a November 9 article, "Incoming Trump Administration May Mean Less Funding for HIPAA Audits," in Bloomberg BNA's Health Care Fraud Report. Eric said that the incoming Trump administration may eventually be forced to reduce funding for some healthcare initiatives to pay for other priorities, such as large tax cuts and increased spending on the military.
Title III of the 21st Century Cures Act includes portions of the FDA Device Accountability Act of 2015, Promoting Biomedical Research and Public Health for Patients Act, and FDA and NIH Workforce Authorities Modernization Act.
A February 2 article in Bloomberg BNA's Privacy Law Watch and other publications, "Hospital Hit With $3.2M Penalty for Ongoing Health Data Security Lapses," reported that Children's Medical Center of Dallas received a $3.2 million civil money penalty after years of noncompliance with HIPAA rules and after failing to request a hearing on the penalty.
The 21st Century Cures Act includes portions of the Helping Families in Mental Health Crisis Reform Act of 2016, which was approved by the US House of Representatives in July 2016, but not advanced by the Senate.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).