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Legal and Regulatory Issues in Pain Management
Journal of Law, Medicine & Ethics 26(4)

A. Alpers, Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying 26(4) J. LAW, MED. & ETHICS 308 (1998) [HTML] [PDF]
Author examines criminal investigations and prosecutions of physicians and nurses in connection with their care of dying patients and concludes that the criminal law has failed to protect patients and families and has significant power to deter appropriate pain management for dying patients.

D.E. Hoffmann, Pain Management and Palliative Care in the Era of Managed Care: Issues for Health Insurers 26(4) J. LAW, MED. & ETHICS 267 (1998) [HTML] [PDF]
Author reports on empirical study of medical directors at Blue Cross Blue Shield Plans regarding their awareness of and response to issues of pain management and palliative care for their insured populations.

J.D. Haddox, G.M. Aronoff, Commentary, The Potential for Unintended Consequences from Public Policy Shifts in the Treatment of Pain 26(4) J. LAW, MED. & ETHICS 350 (1998) [HTML] [PDF]
Authors caution against possible unintended consequences of intractable pain treatment acts, suggesting that health care professionals look to the guidelines prepared by the Federation of State Medical Boards for an approach to this issue.

S.H. Johnson, Introduction Legal and Regulatory Issues in Pain Management 26(4) J. LAW, MED. & ETHICS 265 (1998) [HTML] [PDF]

T.S. Jost, Public Financing of Pain Management: Leaky Umbrellas and Ragged Safety Nets 26(4) J. LAW, MED. & ETHICS 290 (1998) [HTML] [PDF]
Although many people in pain depend on public health care programs for aid, these programs cover pain relief only fragmentarily. He examines the gaps and deficiencies in Medicare and Medicaid funding of pain relief, and explores the effects of Medicare and Medicaid fraud enforcement on pain management.

A.M. Martino, In Search of a New Ethic for Treating Patients with Chronic Pain: What Can Medical Boards Do? 26(4) J. LAW, MED. & ETHICS 332 (1998) [HTML] [PDF]
Author argues that a complex ethic of underprescribing underlies the continued reluctance of physicians to use opioids to treat chronic pain. She contends that state medical boards are uniquely positioned to promote a new ethic for pain management, but stresses the difficulties for boards in attaining this goal. She thinks success may hinge on whether boards can change their approach to pain management and persuade a skeptical medical community that adopting a risk for underprescribing will serve the long-term interests of patients and the profession.

 

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