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C C Havighurst

Publications and source records attributed to C C Havighurst.

50 records · Page 3Linked to original sources
PubMed1970

Compensating persons injured in human experimentation.

Without disparaging the ethical importance of informed consent or of care and supervision in research design, it is possible to assert that ethics requires also that the investigator furnish financial protection to research subjects. Lacking mechanisms for providing this protection, investigators have seldom made such provision in the past, and have left research subjects to rely on the institution's sense of moral obligation or on poorly defined legal rights. Research institutions and research sponsors, especially the federal government and the drug industry that it regulates, could provide for insurance or indemnification through mechanisms yet to be developed. In pursuit of this goal, serious study should begin on the problems of implementing compensation arrangements for all injured research subjects. The Public Health Service and the FDA have not fully discharged their responsibility in the direction of creating conditions under which clinical research can proceed with adequate regard for the subjects' rights.

Academies and Institutes↗
PubMedDate not supplied

American health care and the law--we need to talk!

The first section of this paper highlights five critical legal developments over the past half-century that, while not reflecting considered policy judgments about how the health care industry should operate, put American health care on some surprising paths. The second part then observes five fundamental policy contradictions discernible in health care law today, each of which reflects severe ambivalence in public attitudes toward health care. Although such confusion in the law is interesting in itself, the main purpose of the paper is to propose, in section three, the creation of a permanent high-level forum, perhaps in the Institute of Medicine, where leaders from the health and legal worlds could meet regularly with a view to helping the legal system resolve some of the policy confusion that exists.

Antitrust Laws↗
PubMedDate not supplied

Consumers versus managed care: the new class actions.

The plaintiffs in pending consumer class-action lawsuits against health maintenance organizations (HMOs) should fail in their claims for damages for fraud under federal anti-racketeering legislation. Although HMOs have regularly failed to disclose their business methods and have not strictly honored their contractual coverage promises, the circumstances in which they introduced cost controls into a market sadly lacking them suggest motives not deserving punitive sanctions. Courts could easily find that HMOs violated the Employee Retirement Income Security Act (ERISA), however. Injunctive relief compelling more extensive disclosures and clearer contracts might well legitimize HMOs' methods and generally improve the performance of the health care marketplace.

Consumer Advocacy↗
PubMedDate not supplied

Taxing health benefits: snake oil ... or smart health policy?

Limiting the tax-free treatment of employer-paid health benefits is a cornerstone of managed competition, the health reform approach favored by the Clinton Administration. Organized labor argues that the idea is a double-whammy for wage-strapped workers, while a leading academic calls it a good solution to one of the nation's worst public policies.

Community Participation↗