1 / 31

Thaddeus Mason Pope, J.D., Ph.D. Widener University School of Law

The Growing Decision Making Power of Healthcare Committees: Why Regulation Is Needed to Assure Due Process. Thaddeus Mason Pope, J.D., Ph.D. Widener University School of Law. 6 th Int’l Conf. Clinical Ethics Consultation Portland, Oregon $ May 14, 2010. Due Process

emele
Download Presentation

Thaddeus Mason Pope, J.D., Ph.D. Widener University School of Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Growing Decision Making Power of Healthcare Committees: Why Regulation Is Needed to Assure Due Process Thaddeus Mason Pope, J.D., Ph.D. Widener University School of Law 6th Int’l Conf. Clinical Ethics Consultation Portland, Oregon $ May 14, 2010

  2. Due Process The price of deference

  3. Presume • Medical judgment is best Unless • Uninformed • Sloppy • Biased • COI

  4. Problems with HECs • Corruption • Bias • Carelessness • Arbitrariness

  5. ThaddeusPope.com BePress.com SSRN.com

  6. Ethics Committees Make Decisions • Gatekeeper • Residual surrogate • Adjudicator

  7. HEC as Gatekeeper

  8. HEC as Residual Surrogate

  9. HEC as Adjudicator of Futility Disputes Tex. H&S Code ' 166.046, not modified by, H.B. 3325, Tex. Leg. 81(R)

  10. HEC as Adjudicator of OTHER Disputes

  11. De facto authority • “Lumping” • Practical barriers to court • Judicial deference

  12. Expanding HEC Authority • N.Y. S.3164 (Duane) / A.7729 (Gottfried) • Mike E. Jorgensen, Today Is the Day We Free Electroconvulsive Therapy? 12 Quinn. Health L.J. 1 (2008).

  13. Expanding HEC Authority Idaho S.B. 1114, 60th Leg. (2009)

  14. Expansion Understandable Intractable value conflict Pure procedure

  15. Sloppiness Understandable • Developed to disclaim power • No “stick” = low priority • Lack of consensus

  16. Expected evolution Due process Power, authority

  17. Actual evolution Due process Power, authority

  18. Deference to professional judgment • Confidence • Little risk of error 1970sParham v. J.R. 1980sYoungberg v. Romeo 1990sWashington v. Harper

  19. New reasons for LESS deference • Greater focus on COI • Greater focus on bias • Greater focus on provider values • Thicker catalog of HEC errors

  20. HEC of Tomorrow • Modeled on other IDR (e.g. HCQIA) • Modeled on rationing boards • TJC standards and/or legal rules • Extramural, multi-institutional

  21. Thank you

  22. Thaddeus Mason Pope, J.D., Ph.D. Widener University School of Law 4601 Concord Pike, Room L325 Wilmington, Delaware 19803 T 302-477-2230 F 901-202-7549 E tmpope@widener.edu W www.thaddeuspope.com

More Related