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	<title>Thomas A. Sharon, R.N., M.P.H.</title>
	
	<link>http://legalnurseconsultanttom.com</link>
	<description>Nursing &amp; Patient Safety Expert, Life Care Plan, Medical Evidence Analysis, Medical Record Review, Legal Nurse Consultant, Litigation Support</description>
	<lastBuildDate>Sun, 29 Apr 2012 23:48:21 +0000</lastBuildDate>
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		<title>Response from Rep. Debbie Wasserman Schultz, Chairperson, DNC</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/7bLUosbP0gc/733</link>
		<comments>http://legalnurseconsultanttom.com/archives/733#comments</comments>
		<pubDate>Sun, 29 Apr 2012 23:43:00 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Affordable Care Act of 2010]]></category>
		<category><![CDATA[Barack Obama]]></category>
		<category><![CDATA[CMS Rulings]]></category>
		<category><![CDATA[Doctor of Nursing Practice]]></category>
		<category><![CDATA[Economic Crisis]]></category>
		<category><![CDATA[Elder Care]]></category>
		<category><![CDATA[Health]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Care Reform]]></category>
		<category><![CDATA[Hospital]]></category>
		<category><![CDATA[Hospital Mistakes]]></category>
		<category><![CDATA[Hospital Operations]]></category>
		<category><![CDATA[Hospital Surveys]]></category>
		<category><![CDATA[Hospital Trauma]]></category>
		<category><![CDATA[In the News]]></category>
		<category><![CDATA[Medical Error Alert]]></category>
		<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[Medication Errors]]></category>
		<category><![CDATA[Nursing Home Quality]]></category>
		<category><![CDATA[Nursing Neglilgence]]></category>
		<category><![CDATA[Nusring Shortage]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Patient Education]]></category>
		<category><![CDATA[Patient Safety]]></category>
		<category><![CDATA[Pharmaceutical Fraud]]></category>
		<category><![CDATA[PPACA]]></category>
		<category><![CDATA[President Obama]]></category>
		<category><![CDATA[Prevention of Medical Errors]]></category>
		<category><![CDATA[Public Health]]></category>
		<category><![CDATA[Quality Assurance]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=733</guid>
		<description><![CDATA[I recently wrote my Congressperson about the shortage of vital medicines, the lack of patient safety in health care and the undermining of nurse practitioners as primary care providers. What follows is her response, which was nothing more than a form letter. Its rather condescending of her staff people to think that anyone would believe [...]]]></description>
			<content:encoded><![CDATA[<div>I recently wrote my Congressperson about the shortage of vital medicines, the lack of patient safety in health care and the undermining of nurse practitioners as primary care providers. What follows is her response, which was nothing more than a form letter. Its rather condescending of her staff people to think that anyone would believe that this Congresswoman took the time to personally answer my correspondence. I think she lost one vote in the next election.</div>
<div></div>
<div></div>
<div>Mr. T Sharon</div>
<div>1165 98th Street Suite 403</div>
<div>Bay Harbor Islands, FL 33154-1750</div>
<div></div>
<div></div>
<div></div>
<div>Dear Mr. Sharon:</div>
<div></div>
<div>Thank you for contacting me to express your views on our health care system. I have reviewed your comments and welcome the opportunity to respond.</div>
<div></div>
<div>Our economy is struggling to rebound from the greatest economic downturn since the Great Depression, but at the same time it has been bogged down by $2.1 trillion spent every year on health care. Yet, despite this significant sum spent on our nation’s health, we did not spend this money well. According to several reports, the United States’ health care system ranked last among industrial nations for quality, access and efficiency in 2010.</div>
<div></div>
<div></div>
<div>That is why I am proud that on March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act. This legislation is already at work giving American families and small businesses more control over their health care by reducing costs, increasing choice, and instituting common sense rules that will keep insurance companies honest.</div>
<div></div>
<div></div>
<div>We have already witnessed significant Medicare savings thanks to health care reform. Since 2010, when the Affordable Care Act was passed, Medicare Advantage premiums have fallen by 16 percent and enrollment has climbed by 17 percent. 3.6 million Americans who hit the “donut hole” saved an average of $604 on the cost of their prescription drugs thanks to the Affordable Care Act’s coverage gap discount program. Women have especially benefitted from the law’s provision with 2.05 million women saving $1.2 billion on their prescription drugs last year.</div>
<div></div>
<div></div>
<div>By providing one of the largest middle class tax cuts in history, this legislation reduces premium costs for tens of millions of Americans, and by setting up a competitive market, it gives working families and small businesses the same access to coverage that members of Congress have.</div>
<div></div>
<div></div>
<div>Additionally, the law extends coverage to the millions of struggling Americans who have been unable to obtain coverage due to skyrocketing costs or discrimination based on pre-existing conditions. This legislation protects the sacred relationship between patients and doctors, and we must work to ensure that all medical professionals are adequately reimbursed for their high-quality care.</div>
<div></div>
<div></div>
<div>While we increase coverage and reduce costs we must ensure that we continue to lay a foundation for economic prosperity. For this reason, I am please to share that the Patient Protection and Affordable Care Act puts our budget on a more stable path by reducing our deficit by $230 billion over the next ten years and more than $1 trillion over the following decade.</div>
<div></div>
<div></div>
<div>Comprehensive health care reform has already brought vital improvements to the lives of hundreds of thousands of families in the 20th district of Florida. The following provisions have already taken effect:</div>
<div></div>
<div></div>
<div>• If you are a senior, you will now be receiving a 50% discount on brand-name drugs if you enter the Medicare Part D ‘donut hole’ coverage gap – a discount that grows until the ‘donut hole’ is closed in 2020.  At least 12,700 seniors in our district are now receiving this discount. By working to shore up the Medicare Hospital Trust Fund, health care reform extends Medicare’s solvency by an additional nine years—ensuring health care security for the 102,000 Medicare beneficiaries in our district.</div>
<div></div>
<div>• If you are a young adult, you can now stay on your parents’ health plan until your 26th birthday, if you do not have coverage of your own. At least 2,700 uninsured young adults in our district are now eligible for this new health care coverage option.</div>
<div></div>
<div>• If you are a child under age 19, you can no longer be denied coverage by an insurance company for having a “pre-existing condition.” 8,000 to 36, 000 children in our district are now protected against coverage deny.</div>
<div></div>
<div>• If you are among 4 million eligible small businesses, you can receive tax credits if you choose to offer coverage to your employees – covering 35% of the cost of coverage. Up to 22,300 small businesses in our district are eligible for health care tax credits.</div>
<div></div>
<div>• Your insurance company must now spend at least 80 percent of premiums on covering medical services – rather than administrative expenses, CEO pay, and profits.</div>
<div></div>
<div></div>
<div>As this law continues to take effect between now and 2014, we will see other even more monumental consumer protections: including, the complete elimination of restrictive annual and lifetime limits, key investments in our health care work force to increase the number of primary care doctors, the elimination of discrimination based on pre-existing conditions in adults, and the establishment of the affordable health insurance exchanges.</div>
<div></div>
<div></div>
<div>It is no secret that there are many who would like to see these vital consumer protections undone. In one of their first acts in Congress, Republicans in the House unanimously voted to repeal health care reform, thereby denying these critical protections for millions of Americans and adding billions of dollars to our nation’s ballooning deficit.</div>
<div></div>
<div></div>
<div>Please be assured that I will continue to protect the health care reforms enacted in the last Congress and will keep your comments in mind as the 112th Congress considers further legislation affecting our nation’s health care system.</div>
<div></div>
<div>Thank you again for contacting me to express your views on this important issue. Correspondence from concerned constituents like you is essential to my work in Congress, and I hope that you will continue to inform me of your ideas and opinions.  Your input is invaluable as we work to shape national policies to reflect the views of Florida’s 20th District.  To keep abreast of my work, visit my Web site at wassermanschultz.house.gov to sign up for my periodic newsletter.  If I can be of further assistance, please feel free to contact my office at 954-437-3936 or 202-225-7931.</div>
<div></div>
<div></div>
<div>Sincerely,</div>
<div><img src="http://wassermanschultz.house.gov/DebbieSig.png" alt="Signature" /></div>
<div>Debbie Wasserman-Schultz</div>
<div>Member of Congress</div>
<div></div>
<div></div>
<div>Here is my answer:</div>
<div></div>
<div>Rep. Debbie Wasserman Schultz</p>
<div>20th Congressional District</div>
<div>
<div>Dear Congressperson Wasserman Schultz:</div>
<div></div>
<div>
<div></div>
<div>Thank you for responding to my initial email. However, I must respectfully submit that your rhetorical response falls short of addressing the issues that I raised in my initial letter. I was speaking about the current shortage of vital drugs and the abysmal failure of our health care system to maintain basic patient safety standards. The PPACA, although it admittedly has some redeeming features, fails to address the shortage of resources and the fact that health care itself is the fifth leading cause of death in the United States. You speak of increased access to health care and seem to stop short of understanding that the health care provider industry is in shambles with poor quality of care being delivered in an unsafe manner, with disparity that leaves all of the economically disadvantaged at higher risk of being killed or injured from sentinel events; the kind of adverse occurrences that the CMS has identified as &#8220;never events&#8221; or events that should never happen and are happening all too frequently. The number of unnecessary deaths occurring in hospitals across America is equivalent to having one plane crash with no survivors every week. How would you and your colleagues respond to the airline industry if that were the case? Why then would you not respond to the hospital industry for the same type of systemic negligence? Why would you not want standardized basic standards for patient safety in hospitals?</div>
<div></div>
<div></div>
<div>Please take some real action by first examining the figures and information available at the Institute of Medicine and at the CMS and get some real information by conducting a congressional investigation to find out the facts. Invite directors of nursing, administrators, staff nurses and physicians to give the facts under oath. I guarantee that you will be shocked to find out how people are treated in our hospitals. If you want real health care reform, find out whats really going on. If you do I have no doubt that you will want to lead the next great cause to safe lives.</div>
<div></div>
<div></div>
<div>Respectfully yours,</div>
<div></div>
<div>Thomas A. Sharon, R.N., M.P.H.</div>
<div>Nurse Consultant</div>
</div>
</div>
</div>
<img src="http://feeds.feedburner.com/~r/Thomas_A_Sharon_RN_MPH/~4/7bLUosbP0gc" height="1" width="1"/>]]></content:encoded>
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		<title>The Collective Added Value of Advanced Practice Nurses with DNP Degrees will Save our Country from Economic Collapse and Chaos</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/UlMVfaqOng0/727</link>
		<comments>http://legalnurseconsultanttom.com/archives/727#comments</comments>
		<pubDate>Fri, 20 Apr 2012 04:56:02 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Affordable Care Act of 2010]]></category>
		<category><![CDATA[Doctor of Nursing Practice]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Prevention of Medical Errors]]></category>
		<category><![CDATA[Primary Care Providers]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=727</guid>
		<description><![CDATA[There is a huge amount of uncertainty as to what the health care landscape will look like then. The U.S. Supreme Court decision about the Patient Protection and Affordable Care Act (PPACA) will have a profound effect on all of our lives because PPACA will either survive intact, survive with some changes or be totally [...]]]></description>
			<content:encoded><![CDATA[<p>There is a huge amount of uncertainty as to what the health care landscape will look like then. The U.S. Supreme Court decision about the Patient Protection and Affordable Care Act (PPACA) will have a profound effect on all of our lives because PPACA will either survive intact, survive with some changes or be totally scrapped; the point being that in order for any of us to truly know what value any of us health professionals can bring to the table we will have to know what’s missing and what we can do to provide it. In any case, we do know now that health care in the United States today is overpriced, ineffective and in many cases downright dangerous (Institute of Medicine 2012). Thus it seems that no matter how this political conundrum turns out we need to look at reducing wasteful spending, teaching people how to live healthier lives and establish stronger standards for patient safety. The DNP program that I am currently attending at Brandman University is preparing us to examine the bigger picture and foresee how our interventions will impact the lives of our clients, colleagues, their respective communities and our society as a whole.</p>
<p>I selected the DNP program because I believe that I can become more effective as a nurse practitioner with the added skills as a researcher and educator. Additionally, the nursing profession has been and continues to undergo profound changes. There are political forces in the medical communities that continue to undermine our efforts to close the primary care gap in the myriads of undeserved regions of our country. At the same time there are, fortunately, progressive thinkers who believe that enhancing the nursing professions ability to reach its full potential will solve a lot of the health problems that plague our great society. In 2008, The Robert Wood Johnson Foundation (RWJF) and the IOM launched a two-year study to assess and make recommendations for transforming the nursing profession and health care in general. The report of this joint task force basically concluded that we nurses should practice to the full extent of our education and training, achieve higher levels of education and training through an improved education system that promotes seamless academic progression, become full partners with physicians and other health care professionals in redesigning health care in the United States and that we need a new data collection and information infrastructure (IOM 2012). This is a profound statement that serves as a wake up call to all of those stakeholders who are recalcitrant in recognizing that nurses, being the largest workforce in the health care industry, are going to have the greatest impact. Therefore, we as future DNP graduates have the daunting responsibility to step up as leaders of our profession, with expertise in scientific methodology, interventions for prevention and education and transform the health care industry to prevent our country&#8217;s impending economic collapse and reach a secure future with a healthier, older and wiser population.</p>
<p align="center"><strong>References:</strong></p>
<p><strong></strong>Institute of Medicine (2012). <em>Finding What Works In Health Care: </em><em>Standards for Systematic Reviews</em>. The National Academies Press, Washington, D.C.</p>
<p>Institute of Medicine (2012). <em>The Future of Nursing: </em><em>Leading Change, Advancing Health</em><em>. </em>The National Academies Press, Washington, D.C.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/727"><em>Click here to view the embedded video.</em></a></p>
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		<title>New National Healthcare Reform Priority # 8:  Centralized Health Informatics</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/DOiUAPm-Qz4/725</link>
		<comments>http://legalnurseconsultanttom.com/archives/725#comments</comments>
		<pubDate>Wed, 11 Apr 2012 23:13:14 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Affordable Care Act of 2010]]></category>
		<category><![CDATA[Dangerous Medical Devices]]></category>
		<category><![CDATA[Death Panels]]></category>
		<category><![CDATA[Defective Medical Devices]]></category>
		<category><![CDATA[Economic Crisis]]></category>
		<category><![CDATA[End of Life Issues]]></category>
		<category><![CDATA[Food and Drug Administration]]></category>
		<category><![CDATA[Health]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Care Disparity]]></category>
		<category><![CDATA[Health Care Products]]></category>
		<category><![CDATA[Health Care Reform]]></category>
		<category><![CDATA[Health Informatics]]></category>
		<category><![CDATA[Hospital Quality]]></category>
		<category><![CDATA[Medical Ethics]]></category>
		<category><![CDATA[Never Events]]></category>
		<category><![CDATA[Patient Safety]]></category>
		<category><![CDATA[Patients' Rights]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[PPACA]]></category>
		<category><![CDATA[President Obama]]></category>
		<category><![CDATA[Prevention of Medical Errors]]></category>
		<category><![CDATA[Public option]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=725</guid>
		<description><![CDATA[Although centralized patient health data has its advantages, it puts our privacy in peril. Our health information is supposed to be private and not accessible to anyone other than those whom we authorize. When our charts digitized and stored in the doctor’s computer system, they will be sent over the internet to a central government-owned [...]]]></description>
			<content:encoded><![CDATA[<p>Although centralized patient health data has its advantages, it puts our privacy in peril. Our health information is supposed to be private and not accessible to anyone other than those whom we authorize. When our charts digitized and stored in the doctor’s computer system, they will be sent over the internet to a central government-owned main-frame. Then we will lose all expectation of privacy because members of the government’s law enforcement and intelligence community will have access in the interest of national security. One would have to ask, “What do grandma’s gall stones have to do with national security?” However, private information is the best way to gain command and control over people’s lives and the specifics don’t matter.</p>
<p>On the other hand, our privacy is pretty much a thing of the past for anyone who uses the internet. How many times have we had to clean out adware from our hard drives? Those are the little bugs that keep track of our favorite sites and purchases. How many of those little buggers are on everybody’s personal computer that our virus software can’t detect? Chances are that the government already has a complete profile on everything about everybody who owns a computer such as bank accounts, investments, real property, purchases, favorite books, favorite movies and all kinds of personal habits. What if they find out about somebody’s hemorrhoids? Will they tag that poor soul as a terrorist? Thus there doesn’t seem to be much of a risk anymore regarding privacy issues because privacy is a thing of the past and the prevention of medical errors with physician access to a new patient’s complete medical history will save a lot of lives.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/725"><em>Click here to view the embedded video.</em></a></p>
<p style="text-align: center;"><strong>Wrap Up</strong></p>
<p>Ironically, a group of small voices within the massive bureaucracy in the Obama administration actually came up with a workable solution to the health care debacle. The original whistle blower, Dr. Harvey V. Fineberg, president of the Institute of Medicine actually stayed on and introduced an eight point plan called the “New National Priorities”. Astoundingly it could actually work if Obama or anyone in Congress paid attention to it. The plan calls for legislative action to improve patient involvement in the decision making process, engage in preventive action for early detection and treatment, reduce medical and nursing errors, eliminate duplication of services, create hospice with hope, eliminate unnecessary procedures, provide universal access and employ digital health care informatics.</p>
<p>Unfortunately, the proposed eight national priorities in Dr. Finberg’s Future National Directions Committee report is nothing more than a footnote. It’s a matter of public record and it is sitting in the archives of the Department of Health and Human Services, hidden in plain sight. However, we, the public can change that by emailing copies of the eight national priorities to every member of Congress with a note saying that this is how we can achieve real health care reform. Obama challenged us to recommend ways to improve PPACA apparently without even knowing about the report that came from his own government experts, like Dr. Fineberg. Are you in or out?</p>
<p><a href="http://legalnurseconsultanttom.com/archives/725"><em>Click here to view the embedded video.</em></a></p>
<img src="http://feeds.feedburner.com/~r/Thomas_A_Sharon_RN_MPH/~4/DOiUAPm-Qz4" height="1" width="1"/>]]></content:encoded>
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		<title>New National Healthcare Reform Priority # 7: Universal Health Care Access</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/5hFQ0S3Ai-Y/722</link>
		<comments>http://legalnurseconsultanttom.com/archives/722#comments</comments>
		<pubDate>Tue, 10 Apr 2012 23:25:05 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Barack Obama]]></category>
		<category><![CDATA[Food and Drug Administration]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Care Disparity]]></category>
		<category><![CDATA[New National Priorities for Health Care Reform]]></category>
		<category><![CDATA[Patient Protection and Affordable Care Act]]></category>
		<category><![CDATA[Pharmaceutical Fraud]]></category>
		<category><![CDATA[Public Health]]></category>
		<category><![CDATA[Public option]]></category>
		<category><![CDATA[Quality Assurance]]></category>
		<category><![CDATA[Quality of Life]]></category>

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		<description><![CDATA[The seventh new national health care priority is to ensure that all segments of the U.S. population have equal access. When Obama went along with eliminating the public option as a compromise to stop the insurance lobby from turning the legislative effort into the unavoidable train wreck that it became, he destroyed the hope of [...]]]></description>
			<content:encoded><![CDATA[<p>The seventh new national health care priority is to ensure that all segments of the U.S. population have equal access. When Obama went along with eliminating the public option as a compromise to stop the insurance lobby from turning the legislative effort into the unavoidable train wreck that it became, he destroyed the hope of universal access. Undeniably, we have some of the best medical technology in the world, but about half the population does not have access to all of it. For the bottom third of this multi-tier system, health care is no better than most third world countries who have no coverage for 95 percent of their population other than poorly equipped government hospitals. Thus there are millions in the United States who are dying or becoming disabled from treatable conditions.</p>
<p>Therefore the big political debate is over the question of “What is the moral imperative of our society?” Is it okay to deny access to 50 million people because they are either self-employed, underemployed, unemployed or depend on Medicaid, or can we find some common ground where the bottom rungs can get more while those at the top make do with a little less? The answer depends on who you ask. The leftists have no problem with causing a train wreck because they don’t like the fact that some cars are restricted to those who can pay for first class and the conservatives want no part of any equalization effort that might derail the first class compartments. However, since the health care system in its current state will destroy our economy in the next two decades even with the inequalities unresolved, we have to focus on making it more cost effective before we can equalize all disparities.</p>
<p>Access to healthcare also means having adequate supplies to meet the needs of an aging population with soaring demand. We are now experiencing severe shortages of 178 life-saving prescription drugs as the video below states. I agree with President Obama that, there needs to be an investigation of the pharmaceutical industry to root out hording and price-gouging.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/722"><em>Click here to view the embedded video.</em></a></p>
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		<title>New National Healthcare Reform Priority # 6: Eliminating Overuse</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/ARUqteYQbPg/717</link>
		<comments>http://legalnurseconsultanttom.com/archives/717#comments</comments>
		<pubDate>Tue, 10 Apr 2012 22:22:58 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Care Reform]]></category>
		<category><![CDATA[Hospital]]></category>
		<category><![CDATA[New National Priorities for Health Care Reform]]></category>
		<category><![CDATA[Nursing]]></category>
		<category><![CDATA[Overuse of Healthcare Resources]]></category>
		<category><![CDATA[Patients' Rights]]></category>
		<category><![CDATA[Prevention of Medical Errors]]></category>
		<category><![CDATA[Quality Assurance]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=717</guid>
		<description><![CDATA[The sixth of the new national health care reform priorities is eliminating overuse. More precisely, overuse refers to duplication of services and higher than necessary level of care, such as hospitalizing people who can be treated in a sub-acute nursing facility. The former is straight forward and the PPACA Patient Safety Amendment (PSA) can easily [...]]]></description>
			<content:encoded><![CDATA[<p>The sixth of the new national health care reform priorities is eliminating overuse. More precisely, overuse refers to duplication of services and higher than necessary level of care, such as hospitalizing people who can be treated in a sub-acute nursing facility. The former is straight forward and the PPACA Patient Safety Amendment (PSA) can easily contain wording that would prohibit doctors from ordering unnecessary diagnostic tests such as lab work, X-rays and scans. For example, let’s say a primary care physician has obtained blood work and X-rays and then referred the patient to a specialist because some of the results were abnormal. If the specialist orders a repeat of the tests as a matter of policy for all newly referred patients that is a duplication of services. The PSA can easily abolish this practice by making the doctors pay for any such duplicate diagnostic testing.</p>
<p>The second component of overuse is providing more expensive higher levels of care than what the patient needs. For example, intensive care versus regular hospital floor is a serious problem regarding overuse. However, there is the question of patient safety vis-à-vis staffing issues. A physician is going to be reluctant to transferring a patient to a regular floor from the ICU knowing that the floor units are understaffed to the point of being dangerous. On the other hand, one area of overuse that is more easily discernable, as mentioned previously, is the practice of transferring nursing home residents to hospitals for minor health problems that can be treated safely at the nursing home. This practice must be abolished by directing the CMS to change its reimbursement policies.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/717"><em>Click here to view the embedded video.</em></a></p>
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		<title>The Newly Recommended National Priority in Healthcare Reform # 5: Palliative Care</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/2xp3ktx-haQ/714</link>
		<comments>http://legalnurseconsultanttom.com/archives/714#comments</comments>
		<pubDate>Tue, 10 Apr 2012 15:33:28 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Critical Care]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[New National Priorities for Health Care Reform]]></category>
		<category><![CDATA[Patient Education]]></category>
		<category><![CDATA[Patient Protection and Affordable Care Act]]></category>
		<category><![CDATA[PPACA]]></category>
		<category><![CDATA[Self Help]]></category>
		<category><![CDATA[Stress Management]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=714</guid>
		<description><![CDATA[The fifth proposed new national priority is for the amended PPACA to “guarantee appropriate and compassionate care for patients with life-limiting illnesses.” To be cautious, one should be aware that there is a lot of political correctness packed into the quoted statement. This quote from the IOM is referring to hospice care, which as it [...]]]></description>
			<content:encoded><![CDATA[<p>The fifth proposed new national priority is for the amended PPACA to “guarantee appropriate and compassionate care for patients with life-limiting illnesses.” To be cautious, one should be aware that there is a lot of political correctness packed into the quoted statement. This quote from the IOM is referring to hospice care, which as it is presented currently, is a means of stopping all manner of expensive treatment in exchange for receiving large doses of Morphine and waiting for death. In such situations it is impossible to rule out assisted suicide or euthanasia since lethal amounts of pain killers are conveniently available in the privacy of the patient’s home. Medical examiners do not get involved when a person with terminal illness dies a few months before the doctors’ expectations unless there is obvious evidence of a homicide, like a smoking gun with a confession.</p>
<p>Therefore, although end of life care is an important part of the system, it should always be a matter of choice and the decision should never be irreversible or require that the patient lose all hope of survival. In fact I have been working with a hospice organization that does not stand in the way of continuing treatment or bringing in complimentary alternative medicine (CAM). We have established this program in my community and we call it “hospice with hope.” The idea hit me when I was sitting with my friend and client, Sam (of blessed memory) at his oncologist’s office. He had advanced cancer in his pancreas, liver and lungs. The doctor said, “The chemo therapy didn’t work. There is nothing more that can be done, so I am recommending that you go into hospice care.”</p>
<p>Sam stared at the doctor with a stone like expression on his face in response to this shocking news and replied, “That’s a death sentence.”</p>
<p>I interjected with, “Doctor, are you saying nothing can be done, or that there is nothing that you know of that will help.”</p>
<p>The doctor replied, “There is nothing that I personally know of to treat this condition.”</p>
<p>At that point, Sam decided to enter into the world of alternative medicine, but it was too late because the chemotherapy had wrecked his appetite and nutritional status and caused him to suffer from dehydration and starvation syndrome; which, of course, destroyed his natural ability to fight the cancer with the help of herbs, and other recognized methodologies. Nonetheless, there should have at least been a concerted effort to protect Sam’s nutritional status during the chemotherapy with herbal and nutritional supplements. Without these considerations the entire concept of “palliative” care becomes nothing more than a design for a death panel.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/714"><em>Click here to view the embedded video.</em></a></p>
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		<title>New National Priority # 4: Care Coordination</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/u9gyWUvGN6A/709</link>
		<comments>http://legalnurseconsultanttom.com/archives/709#comments</comments>
		<pubDate>Tue, 10 Apr 2012 15:22:16 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Care Coordination]]></category>
		<category><![CDATA[Health]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Informatics]]></category>
		<category><![CDATA[HMO's]]></category>
		<category><![CDATA[Hospital]]></category>
		<category><![CDATA[Medical Error Alert]]></category>
		<category><![CDATA[New National Priorities for Health Care Reform]]></category>
		<category><![CDATA[Nursing]]></category>
		<category><![CDATA[Patient Safety]]></category>
		<category><![CDATA[Patients' Rights]]></category>
		<category><![CDATA[PPACA]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=709</guid>
		<description><![CDATA[The fourth newly recommended national priority is to ensure that patients receive well-coordinated care within and across all health care organizations, settings, and levels of care. The new age of medical specialization has made it particularly hazardous to patients because different specialists are prescribing medications often not knowing what other doctors will prescribe. There is [...]]]></description>
			<content:encoded><![CDATA[<p>The fourth newly recommended national priority is to ensure that patients receive well-coordinated care within and across all health care organizations, settings, and levels of care. The new age of medical specialization has made it particularly hazardous to patients because different specialists are prescribing medications often not knowing what other doctors will prescribe. There is most often no communication between different specialists because the primary care physician (PCP) refers the patient and does the communicating. Thus, the heart specialist and the foot doctor will most probably never speak to each other because they will not see any reason for a provider team conference. However, each one has the authority to prescribe medications without knowing what the other doctors intend to prescribe. Consequently, there are untold thousands of people each year who suffer death or debilitating injury from drug interactions or debilitating central nervous system depression from multiple drugs called “polypharmacy.”</p>
<p><a href="http://legalnurseconsultanttom.com/archives/709"><em>Click here to view the embedded video.</em></a></p>
<p><a href="http://legalnurseconsultanttom.com/archives/709"><em>Click here to view the embedded video.</em></a></p>
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		<title>Improving the Safety and Reliability of the U.S. Healthcare System 9: Eliminating Patient Kidnappings, Rapes and Beatings in Hospitals</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/ZgmmNN_-nCk/704</link>
		<comments>http://legalnurseconsultanttom.com/archives/704#comments</comments>
		<pubDate>Tue, 10 Apr 2012 07:37:02 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Hospital Trauma]]></category>
		<category><![CDATA[In the News]]></category>
		<category><![CDATA[Never Events]]></category>
		<category><![CDATA[New National Priorities for Health Care Reform]]></category>
		<category><![CDATA[Patient Abductions]]></category>
		<category><![CDATA[Patient Assault]]></category>
		<category><![CDATA[Patient Protection and Affordable Care Act]]></category>
		<category><![CDATA[Patient Rape]]></category>
		<category><![CDATA[Patient Safety]]></category>
		<category><![CDATA[PPACA]]></category>
		<category><![CDATA[President Obama]]></category>
		<category><![CDATA[Prevention of Medical Errors]]></category>
		<category><![CDATA[Quality Assurance]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=704</guid>
		<description><![CDATA[26.      Abduction of a patient of any age Hospitals and nursing facilities are responsible for the safety of their patients or residents; this includes preventing abduction. Such crimes can be avoided by requiring that every patient being discharged by accompanied by a staff member to the exit. If the patient refuses to comply, then security [...]]]></description>
			<content:encoded><![CDATA[<h3>26.      Abduction of a patient of any age</h3>
<p>Hospitals and nursing facilities are responsible for the safety of their patients or residents; this includes preventing abduction. Such crimes can be avoided by requiring that every patient being discharged by accompanied by a staff member to the exit. If the patient refuses to comply, then security personnel at all exist must be notified to make an assessment as to whether the patient is leaving of his or her own accord. The PSA must require that all health care facilities orient their staff to guard against abduction be knowing where their patients are at all times. When patients have to be moved to other parts of the hospital for tests or procedures, there must be a system of verifying that the patient has safely reached the intended destination.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/704"><em>Click here to view the embedded video.</em></a></p>
<h3>27.      Sexual assault on a patient within or on the grounds of the health care facility</h3>
<p>Sexual assault on a patient in a health care facility is especially tragic because when people enter into these environments there is an expectation of being able to trust the staff. People often find themselves with their modesty compromised when examined and treated by medical personnel. Health care management personnel have an absolute obligation to provide criminal background screening on all hires and contractors who have access to patient areas. There also must be adequate security precautions of taking down the identification of every visitor. The practice of printing temporary picture identification for every visitor as done in some hospitals must be standardized by Federal law. There too many facilities in which the security is shabby or non-existent. It is not enough to hold criminally negligent managers liable, these types of attacks must be prevented.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/704"><em>Click here to view the embedded video.</em></a></p>
<h3>28.      Physical assault of a patient in a health care facility resulting in death or significant injury</h3>
<p>All too often staff members who have total power and control over patients commit physical and verbal abuse and then try to use intimidation to make their victims keep silent. The elderly in nursing homes and psychiatric patients are especially vulnerable, although such crimes occur in general hospitals as well. Careful screening of employees and contractors can prevent almost all occurrences with the kind of technology that exists today in law enforcement communities. Facilities that have a history of patient abuse should be required to give full disclosure to the public of the number of incidences and on which units in the manner that restaurants face public disclosure of non-compliance with health codes that put customers at risk. The PSA should also give the government to put any health care facility into receivership to replace the governing body and management personnel for non-compliance with patient safety laws. Public safety must be the first priority as it is with the airline and food service industries.</p>
<p>&nbsp;</p>
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		<title>Improving the Safety and Reliability of the U.S. Healthcare System 8: Eliminating Restraint Injuries and Quacks</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/SDke9UEPyVE/700</link>
		<comments>http://legalnurseconsultanttom.com/archives/700#comments</comments>
		<pubDate>Tue, 10 Apr 2012 07:06:36 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Falsified Physician Credentials]]></category>
		<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Care Reform]]></category>
		<category><![CDATA[Hospital Management Policy]]></category>
		<category><![CDATA[Hospital Mistakes]]></category>
		<category><![CDATA[Hospital Trauma]]></category>
		<category><![CDATA[Medical Error Alert]]></category>
		<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[Medical Mistakes]]></category>
		<category><![CDATA[New National Priorities for Health Care Reform]]></category>
		<category><![CDATA[Restraints]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=700</guid>
		<description><![CDATA[24.      Patient death or serious disability associated with the use of restraints or bedrails in a health care facility Because of the number of people who were hanged or lost their limbs because of improper use of standard restraints or the use of makeshift materials to tie people down, those states that have adopted the [...]]]></description>
			<content:encoded><![CDATA[<h3>24.      Patient death or serious disability associated with the use of restraints or bedrails in a health care facility</h3>
<p>Because of the number of people who were hanged or lost their limbs because of improper use of standard restraints or the use of makeshift materials to tie people down, those states that have adopted the uniform public health code have added rules and regulations in the use of restraints. Moreover, bedrails also cause problems because people try to climb over or slip around them. When patient falls with the bedrail involved it usually exacerbates the trauma. The rules regarding restraints and bedrails are clear and every nurse knows that when he/she violates those rules death or disability ensues. Therefore, willful non-compliance cannot be tolerated any longer.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/700"><em>Click here to view the embedded video.</em></a></p>
<h3>25.      Any health care service provided by or on the orders of a non-licensed individual</h3>
<p>No patient or family member should expect to be the victim of a quack. However, despite that we have laws that are supposed to protect us from such criminal activity, it still happens. It’s one thing for people in a community to find out that a “doctor” was practicing without a license after some time, but to be in a hospital and find that a quack has been prescribing medicine or preforming invasive procedures is frightening. The new PSA must address this issue and require that safety precautions be followed with zero tolerance for willful non-compliance. Every health care provider should be required to show their credentials on demand to the patient or family member. Hospitals should be required to provide their patients with pamphlets with instructions on how to access the state licensing agency website to check to see if any individual’s license is valid. Finally, every staff person who encounters an unfamiliar provider must take the name of the stranger and verify his/her authorization to be in that location providing services.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/700"><em>Click here to view the embedded video.</em></a></p>
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		<title>Improving the Safety and Reliability of the U.S. Healthcare System 7: Eliminating Patient Burns and Falls</title>
		<link>http://feedproxy.google.com/~r/Thomas_A_Sharon_RN_MPH/~3/x4OFB-3Gpm4/698</link>
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		<pubDate>Mon, 09 Apr 2012 19:28:36 +0000</pubDate>
		<dc:creator>Moshe (Thomas A.) Sharon, R.N., M.P.H.</dc:creator>
				<category><![CDATA[Health Care Consumer Alert]]></category>
		<category><![CDATA[Health Care Reform]]></category>
		<category><![CDATA[Hospital Mistakes]]></category>
		<category><![CDATA[Hospital Quality]]></category>
		<category><![CDATA[Hospital Trauma]]></category>
		<category><![CDATA[Medical Error Alert]]></category>
		<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[Medical Mistakes]]></category>
		<category><![CDATA[Never Events]]></category>
		<category><![CDATA[Nursing]]></category>
		<category><![CDATA[Nursing Home Litigation for Neglect and Abuse]]></category>
		<category><![CDATA[Nursing Home Quality]]></category>
		<category><![CDATA[Nursing Neglilgence]]></category>
		<category><![CDATA[Patient Education]]></category>
		<category><![CDATA[Patient Falls]]></category>
		<category><![CDATA[Patient Protection and Affordable Care Act]]></category>
		<category><![CDATA[Patient Safety]]></category>
		<category><![CDATA[PPACA]]></category>
		<category><![CDATA[Quality Assurance]]></category>

		<guid isPermaLink="false">http://legalnurseconsultanttom.com/?p=698</guid>
		<description><![CDATA[23.      Patient death or serious disability associated with a burn incurred from any source while being cared for in a health care facility Scalding beverages and hot soaks cause most thermal injuries hospitals and nursing homes. Sometimes flash fires occur from lighting a match or cigarette lighter in a room with a high concentration of [...]]]></description>
			<content:encoded><![CDATA[<h3>23.      Patient death or serious disability associated with a burn incurred from any source while being cared for in a health care facility</h3>
<p>Scalding beverages and hot soaks cause most thermal injuries hospitals and nursing homes. Sometimes flash fires occur from lighting a match or cigarette lighter in a room with a high concentration of oxygen. The preventive safety protocols are simple; measure the temperature of all heated liquids and do not bring it to the patient if the temperature is more than 110 degrees Fahrenheit. However, such accidents occur with astounding regularity because there is no accountability for such wanton carelessness.</p>
<p>Regarding flash fires, the nurses owe a duty to the patient to search for and remove all lighters, matches and flammable liquids such as rubbing alcohol in all rooms. The failure to do so should be tantamount to criminal negligence as the danger is obvious.</p>
<h3>24.      Patient death or serious disability associated with a fall in a health care facility</h3>
<p>Patients fall every day in virtually every hospital and nursing facility. The current standards of care require that every patient receive a fall risk assessment and that interventions for prevention be in place depending on the level of risk. The health care managers resign themselves to believing that not all falls are preventable and they have a legal defense when they can show that the patient fell despite the exercise of reasonable precautions. Once health care management develops a zero tolerance for falls, then all falls can become preventable. The only way to prevent almost all falls is to have one person sitting with each patient at all times. A staff of volunteers could be utilized to perform sitter services. There is no shortage of volunteers in most areas as all high school students need a certain number of community service hours to graduate and there plenty of people given the opportunity for community service in lieu of jail time for minor offenses. Therefore, the PSA should mandate that volunteers be assigned to every patient unit to perform safety precaution services to prevent falling.</p>
<p><a href="http://legalnurseconsultanttom.com/archives/698"><em>Click here to view the embedded video.</em></a></p>
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