EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Friday, January 14, 2011

AALS Poster Project: Kathy Cerminara's Improving Access to Hospice Care for Hispanic and African-American Patients

Kathy Cerminara presented the poster Improving Access to Hospice Care for Hispanic and African-American Patients (Download Cerminara Poster):

Cerminara Poster(2)   

 Professor Cerminara is a professor at the Nova Southeastern Law Center, where she teaches The Law of Managed Health Care, Torts, Civil Procedure, Administrative Law, a Law and Medicine Seminar, and other health-law-related courses. She also created, was the initial director of, and teaches in the online Master of Science in Health Law program for non-lawyers. Her scholarship focuses on patients' rights in the managed health care system.

According to Professor Cerminara, her poster

is a visual depiction of the thesis in La Caja de Pandora:  Improving Access to Hospice Care Among Hispanic and African-American Patients, 10 Houst. L. & Pol'y 255 (2010), which I co-wrote with Alina Perez (name on poster as well). You can see a pre-publication draft on my SSRN page at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1533532....

This is part of a line of articles I have published about the law governing hospice care, specifically the false dichotomy present in Medicare statutes and regulations requiring waiver of benefits for curative treatment for the terminal illness in order to receive coverage of the palliative treatment of hospice care. In fact, the name is a version of the first piece in the series, Pandora's Dismay:  Eliminating Coverage-Related Barriers to Hospice Care, 11 Fla. Coastal L. Rev. 107 (2010) (part of a therapeutic justice symposium) and available in pre-publication format at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1470326....

The Patient Protection and Affordable Care Act (PPACA) authorized Medicare demonstration projects to test the coverage model I suggested in the first article and for which I, with Professor Perez, reinforced the need in the second. See http://www.aslme.org/Society_Scholars. In its aftermath, my most recent piece has analyzed this change in hospice payment policy, as well as an additional one implemented by PPACA as well. See Hospice and Health Care Reform:  Improving Care at the End of Life, 16 Widener L. Rev. ___ (forthcoming 2011), pre-publication draft available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1694196.

All of this is part of a long line of end-of-life decisionmaking work, as you can see from my faculty bio, http://nsulaw.nova.edu/faculty/profiles/index.cfm?ID=18, and my SSRN abstract page, http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=145233.

Some of this end-of-life decisionmaking work includes:

-Critical Essay: Musings on the Need to Convince Some People with Disabilities that End-of-Life Decision-Making Advocates are Not Out to Get Them, 37 Loy. U. Chi. L.J. 343 (2006); 

-Dealing with Dying: How Insurers Can Help Patients Seeking Last-Chance Therapies (Even When the Answer is 'No'), 15 Health Matrix, 285 (2005); and

-Therapeutic Death: A Look at Oregon's Law Legalizing Physician-Assisted Suicide, 6 Psychol. Pub. Pol'y & L. 503 (2000);



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