Recovery of Medicare and Medicaid overpayments in bankruptcy

Mr. Roest argues in favor of the Third Circuit's decision in University Medical Center v. Sullivan to advance the proposition that the Doctrine of Recoupment should be applied narrowly in health care bankruptcy cases. The article begins by introducing key provisions of the Medicare Act and Bankruptcy Code, and by distinguishing between recoupment and setoff. The article then focuses on the Third Circuit's decision, giving both a sketch of the court's decision and a commentary on the holding. The article concludes with a discussion of recoupment-related issues left open by the University Medical Center decision.

[Development of bioethics. Analysis of practices in 20 hospital departments]

OBJECTIVE

In order to analyze the constitution and management of DNA banks and the limitations on procedures currently used in France, we conducted a study in a sample of French hospital units. A DNA bank was defined as any facility where individual samples of DNA, irrespective of the form, are stored for ongoing or future gene studies. The aim of this work was to focus attention on the need for in-depth thought on the ethical issues involved in storing and using DNA as part of everyday clinical practice and research and to provide elements for a debate on the interest and limitations of the French bioethics laws whose revision is currently being considered.

METHODS

A questionnaire was sent to the heads of departments in two university hospitals. Five areas were retained for evaluation: the nature and degree of DNA storage activities, procedures followed for reporting the DNA bank, procedures used to protect confidentiality, information given to patients and procedures used for informed consent, and finally, internal rules governing the bank's operation. The answers to the questionnaires were analyzed anonymously.

RESULTS

Among 20 hospital units collecting DNA samples, 70% also stored other samples (DNA, blood, tissue, cell lines) including a large proportion of tissue samples. These samples were collected for purposes of fundamental research and clinical practice. The number of samples stored was quite variable, ranging from a few dozen samples to more than 40,000. Only 55% of the units had reported the facility to a control body, in compliance with current law. Seventy percent maintained computerized data bases but only 50% used an anonymous code. Seventy-five percent obtained written consent but patients were not always informed of the site of the storage or the transfer of their DNA. In addition, the validity of the consent over time, the duration of storage and the types of studies that could be conducted on the DNA were poorly detailed. Internal rules governing the bank's activities were not implemented by most of the units (65%).

CONCLUSION

The responses to our questionnaire survey show that there is currently a gap between everyday practice and regulatory procedures concerning DNA banks in France. Further analysis of current practices would appear to be necessary so professionals could become more aware of the human and social issues involved with the use of DNA banks. These data on everyday practices should be made available to health care workers, public officials and law makers in order to promote ethical practices that, as has been observed, are not dictated solely by legislation which often lags behind everyday activities. All those involved in the management of DNA banks must be aware of their responsibilities in protecting patients' rights within the framework of a system based on information, consent, and over-the-board trustworthiness regularly submitted to short and long term assessments. A correct response to ethical issues is the only means of developing a real process of social interaction which cannot be achieved by revision of the bioethics laws alone.

When you hear that whistle blowing. How trustees can reduce the threat of "qui tam" lawsuits

The number of qui tam--whistle-blower--lawsuits against hospitals has increased 1,500 percent in the last decade--in large part because of the high priority the government attaches to Medicare fraud and abuse. Even suits that never make it to court are financially draining and a blow to an organization's reputation. Here are some tips for protecting your hospital.

Maintaining a smoke-free policy: an observational and interview study at a university hospital in Sweden

In the first half of 1992, the Board of Directors at the Karolinska Hospital decided that, as of 1 September 1992, smoking indoors would be prohibited for staff in the hospital. A year later, a new Tobacco Act was introduced in Sweden involving a general ban on smoking in all health care premises, including rooms which patients would have cause to visit or frequent regularly. Four years after the implementation of the policy decision, an evaluation was made based on the principles of data and method triangulation. In all, four sub-studies were carried out: (1) an observational study about outdoor smoking; (2) interviews with gardeners, cleaners and hospital hostesses/hosts; (3) inventory of sales points for tobacco products, the extent of tobacco advertising and an interview with the staff at a shop and a café; and (4) an observational study about the appearance of signs on buildings about the smoking policy. The results of the study shows that smoking was found mainly among the staff of the hospital, particularly around the entrances. No visible tobacco advertising could be seen at the hospital sales point, and a drop in tobacco sales was noted. The experiences of a smoke-free Karolinska Hospital are that a policy decision requires continuous follow-up and evaluation. Furthermore, the actions taken must be subject to quality control, and, simultaneously, smoke-quitting activities must be organized for staff who still smoke.

[Indicators for quality evaluation of inpatient patient care in an ENT clinic]

According to the law (Section 137 SGBV) in Germany, hospitals have to implement quality-assurance (QA) programs, which are now of particular importance in times of ongoing structural change in health care. External as well as internal methods of QA are well established and can serve as parameters for single processes and outcomes in most cases. However, there is still an urgent need for methods measuring the quality of total hospital performance. Indicators are powerful instruments for this purpose. They reliably reflect clinical outcome, physicians' and nurses' activities, administration and can be regarded as instruments for general hospital performance in otorhinolaryngology. We describe the process of definition, development and application of quality indicators for measuring quality in health care. Furthermore, we present a critical overview of selected indicators in otorhinolaryngology, general medical indicators and indicators concerning administrative problems. Because of current developments in German health care the application of quality assurance methods similar to the system of indicators presented is strongly recommended.