United States Supreme Court Denies Certiorari in Abigail Alliance Case

Yesterday, in a devastating blow to terminally ill patients seeking use of experimental drugs, the United States Supreme Court refused to hear an appeal of a ruling by a divided federal appeals court that denies the right of access. 

Juvan's Health Law Update has been following the case for some time.  For coverage of the case by this blog, see D.C. Appeals Court Rules Against Abigail Alliance and D.C. Circuit Vacates Abigail Alliance Decision, Orders Rehearing.

"Brainsuckers": The Changing Face of the 21st Century Patient

The appearance of the typical patient in the 21st Century departs significantly from that of the average patient in the 20th Century.  These days, many patients visit their medical providers armed with diagnosis and treatment options in one hand, and pricing information kept secret for years in the other--most of which is information obtained from a slew of sources on the internet.  Individuals from all ends of the spectrum have come together to discuss the pros and cons of these "brainsuckers" (a phrase coined by Dr. Scott Haig for those patients who research their symptoms).  By all accounts, it seems that the United States Congress will take the opportunity to chime in on the debate, too.

An article published by American Medical News  entitled "Bill Aimed to Improve Health Literacy," caught my attention today because it discussed legislation introduced in the United States Senate directed to further educate consumers about their health.  S.2424 aims "to ensure that all Americans have basic health literacy skills to function effectively as patients and health care consumers." 

According to American Medical News, the legislation, if passed, "would establish a health literacy implementation center to gather and disperse information and to devise national improvement strategies." The center would be charged with the development of a health literacy curriculum for elementary and secondary schools, colleges and adult education programs.  According to the article, the American Medical Association backs the legislation.

I'm generally a proponent of the educated consumer and believe that there could be far-reaching benefits to the legislation.  Given the lively debate on these issues, however, I'd be interested in hearing the opinions of others who disagree.

Legal Services Corporation Features Juvan

The Legal Services Corporation recently published an article featuring a pro bono case taken by Jayne Juvan with a few of her colleagues.  Scroll down to the end of the newsletter to review the article, entitled "Pro Bono Attorneys Save Seniors' Home from Foreclosure."  Special thanks to the Legal Aid Society of Cleveland for its support of the case and for providing notification about the publication of the article.
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Inside Business Names Juvan Finalist for 25 Under 35 Movers and Shakers Award

Make sure to check out this month's edition of Cleveland's Inside Business magazine, which names Jayne Juvan a finalist for the Top 25 Under 35 Movers and Shakers Award.

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Washington D.C. Adopts Legislation Governing Pharmaceutical Representatives

It is well known that most health care providers are subject to complex laws and regulations.  Unlike traditional health care providers, however, pharmaceutical representatives have generally successfully positioned themselves beyond the scope of the health care rules, making the requirements and accompanying penalties for noncompliance inapplicable.  In a noteworthy move, however, council members in Washington D.C. have taken aim at this profession by passing a measure that requires pharmaceutical representatives to obtain licenses and prohibits these representatives from knowingly providing false information to providers.  The legislation now brings the profession within the complex web of health care laws and rules applicable to traditional health care providers.

In the press release discussing the legislation, councilman David Catania stated that  pharmaceutical representatives "have come to play a huge role in our health care system, and it's time to start treating them as healthcare providers." He further stated that "[t]he current system promotes the use of the latest, most expensive drugs at the expense of the best, most effective ones.  This is a major problem for our overall healthcare system." 

Will this be the tipping point that causes other state legislatures to adopt similar measures?