August 1, 2005 Legislation

JCAHO

Marijuana

Newborn Screening

Medical Errors

JCAHO

The Joint has issued a new alert to their hospitals.  Don't give Vincristine into the spine, just give it IV.  Apparently there are some people who can not read and use the drug in the spinal fluid.  The drug kills the nerve cells and leads to an inevitable painful death.  It seems strange that the Joint has to get involved in the process but if that's what it takes.    

The Washington Post has an article that echoes that of Modern Healthcare and many people around the country.  JCAHO is a poorly run and wrongly focused institution that is only interested in its own money  money making and not the health of the citizens of the country.  The article states the conflict of interest between the various arms of the organization.  JCAHO states there is a firewall between the different parts of the organization but not many believe that is true.      Top

Marijuana

I view of the US Supreme Court's wrongly decided decided on medical marijuana, California and other states are continuing to do the right thing, protect the users from harassment by the police.  California has announced they will continue to issue medical marijuana users cards identifying them to the police.  It may be against the federal law to use but not against state law.  The attorney general took on the feds by stating he does not believe the federal government can enforce federal criminal laws against state officials who merely implement valid state laws without an appellate state court decision.        Top

Newborn Screening

California begins the largest newborn screening project in the country.  Starting August 1, all newborns will be screened for 75 genetic disorders.  This is almost double the current 40 disorders screened for.  The state hopes to find about 100 infants yearly with these disorders.  The cost for all the screening will be $78 per newborn an increase of $18.  All private and state insurers are expected to comply.        Top 

Medical Errors

A bill to help the reporting of medical errors has cleared both houses of Congress.  Health care officials would voluntarily report errors to patient safety organizations which would use the material to help prevent future errors.  All information reported would be confidential and privileged.  The bill was signed into law by President Bush. 

A second law was passed by he House but will die in the Senate.  It is the med mal reform act.  It will die because the sponsors continue to foist the protections on the drug industry in the same bill as that which protects hospitals and physicians. If they would take out the protection for the industry, the bill may pass.         Top

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.