Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy

Monday, April 16, 2012

Court Upends 9-Year Fight on Housing Mentally Ill

By Mosi Secret
The New York Times
Originally published April 6, 2012

A federal appeals court, ruling on procedural grounds, struck down on Friday a judge’s order that New York State transfer thousands of mentally ill adults in New York City from institutional group homes into their own homes and apartments. In doing so, the court brought a nine-year legal battle to an abrupt end without resolving the underlying issues of how the state cares for such patients.

Though the lower court judge had ruled the current system violated federal law by warehousing people with mental illness in far more restrictive conditions than necessary, the appellate panel said the nonprofit organization that began the litigation, Disability Advocates, did not have legal standing to sue.

The panel, comprising three judges of the United States Court of Appeals for the Second Circuit, acknowledged that its decision essentially reset the long-running battle to its starting point.

Sunday, April 15, 2012

2 Former Kaplan Employees Settle Lawsuit and Withdraw Whistle-Blower Case

By Goldie Blumenstyk
The Chronicle of Higher Education
Originally published on April 11, 2012

Two former employees of a Kaplan-owned college in Pennsylvania who alleged in a 2006 federal whistle-blower lawsuit that the company had falsified graduation and job-placement rates and had paid illegal bonuses to student recruiters have withdrawn their suit. The two also reached a settlement with Kaplan on an employment-discrimination claim alleging that the company had fired them in retaliation for saying they would report wrongdoing.

The terms of the settlement are confidential.

The entire story is here.

WellCare Health Plans whistle-blower to receive about $21 million

By Jeff Harrington
Tampa Bay Times
Originally published on April 4, 2012

Whistle-blower Sean Hellein will receive nearly $21 million for triggering a successful federal inquiry into Medicare and Medicaid fraud at his former Tampa employer, WellCare Health Plans.

Hellein in late February withdrew his objections to a pending $137.5 million civil settlement with WellCare. But the size of his payout was unclear until Tuesday, when U.S. Attorney Robert O'Neill announced the settlement of all four lawsuits initiated by whistle-blowers.

Tenet to pay almost $43 million to settle false claims

Reuters
Originally published April 10, 2012

Tenet Healthcare Corp has agreed to pay almost $43 million to settle allegations that it overbilled the federal Medicare healthcare program for treating patients at certain rehabilitation facilities, the Justice Department said on Tuesday.

The entire story is here.

Saturday, April 14, 2012

Medical Boards Discipline Physicians for Online Behavior

By Jenni Laidman
Medscape Medical News
Originally published March 20, 2012

Most medical licensing boards have received at least 1 complaint about unprofessional online behavior by physicians, and many of these complaints resulted in serious disciplinary actions, including license revocation, according to a research letter published in the March 21 issue of JAMA.

S. Ryan Greysen, MD, from the Division of Hospital Medicine, University of California, San Francisco, and colleagues report that 48 (71%) of the 68 executive directors of medical licensing boards responded to the study survey. Of those, 44 (92%; 95% confidence interval [CI], 86% - 98%) indicated receiving at least 1 complaint about an online professional breach.

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"We've just found a new way to violate our own standards," Jason Jent, PhD, assistant professor of clinical pediatrics, Division of Clinical Psychology, Department of Pediatrics, University of Miami Miller School of Medicine, Florida, said to Medscape Medical News.

The entire story is here.

Friday, April 13, 2012

Can Checklists Help Reduce Treatment Failures?

Samuel Knapp, EdD, ABPP
Director of Professional Affairs

John Gavazzi, PhD, ABPP
Chair, PPA Ethics Committee

Originally Published in The Pennsylvania Psychologist

Checklists have become a stable feature of safety science. Airline pilots, for example, will meet with other members of the airline crew and go through a checklist before they fly a plane. Checklists have been proposed for surgeons (Gawande, 2009) and other physicians (Ely et al., 2010). Could checklists be useful for psychologists? If so, when could they be useful?
Using checklists for complex procedures such as general medicine, surgery, or psychological services may seem overly simplistic. However, proponents argue that checklists have value because of the complexity of these processes. Although the items in the checklist may seem basic, the risk that decision makers will make “dumb” mistakes increases when they are confronted with large amounts of complex information, much of which may be contradictory or ambiguous. Checklists can help health care professionals in difficult situations by reducing reliance on memory alone and, more importantly, by allowing them to step back, reflect on, and rethink their initial decisions (Ely et al., 2010).
For most patients, checklists would be unnecessary. Most patients do well in therapy, and 50% of patients terminate therapy in 10 sessions or fewer. Nonetheless, a few patients have more complicated problems, take more time to report therapeutic benefits, drop out of treatment unexpectedly, or otherwise fail in therapy. Checklists may be especially helpful with these difficult patients.
Knapp and Gavazzi (2012) proposed that treatment outcomes can be improved by using the “four-session rule.” According to this rule, if a patient is not making gains at the end of four sessions or does not have a good working relationship with the psychologist (in the absence of an obvious reason), the psychologist should reassess the treatment with this patient. The four-session rule does not require transferring the patient. Instead, the rule requires psychologists to reconsider the case, perhaps using the checklist provided at the end of this article.
Often, the reasons for a lack of improvement in psychotherapy may be obvious. For example, a patient enters therapy with a minor depression, but then gets worse because of a sudden and unanticipated layoff from work. The reason for the deterioration is clear and the psychologist has almost automatically talked to the patient about new modifications to treatment in light of the new life circumstances. However, the mere deterioration in the patient’s condition in this situation does not appear predictive of a treatment failure.
We consider the “four-session rule” as a useful heuristic because it helps control for over-optimism on the part of the psychologists. Evidence suggests that many psychologists are overly optimistic about their ability to help patients. For example, Stewart and Chambliss (2008) found that psychologists worked with patients for a median of 12 sessions before concluding that treatment was not working and considering alternative steps. Nonetheless, Lambert (2007) claims that his algorithm can predict risk for treatment failure by the fourth session with a high degree of accuracy. These two sources suggest that psychologists should adopt a lower threshold for considering a case at risk of failure.
            We suggest using a checklist when treating a patient who falls into the “four-session rule.” After identifying an area of concern from the checklist, the psychologist can follow up in more detail, such as by answering some of the questions footnoted.
            We know of no empirical studies to validate the use of the checklist for those patients at risk of treatment failure. Nonetheless, it does represent an effort of self-reflection that is needed in difficult cases. Readers may send any feedback or comments on this checklist to Drs. Sam Knapp or John Gavazzi.

Four-Session Checklist

Patient Collaboration (What does the patient say?)

YES ___ NO ___ 1 Does the patient think you have a good working relationship?

YES ___ NO ___ 2. Do you and your patient share the same treatment goals?[1]
YES ___ NO ___ 3. Does the patient report any progress in therapy?[2]
YES ___ NO ___ 4. Does the patient want to continue in treatment? [3] If so, does the
                                    patient see a need to modify treatment?

Additional Reflections (What do you think about the patient?)

YES ___ NO ___ 5. Do you believe you have a positive working relationship with your patient? (Does he or she trust you enough to share sensitive information and collaborate?)[4]

YES ___ NO ___ 6. Is your assessment of the patient sufficiently comprehensive?[5] Do you need to obtain additional information?

YES ___ NO ___ 7. Do unresolved clinical issues of significant concern impede the course of treatment (such as Axis II issues, possible or minimization of substance abuse, or ethical concerns)?

YES ___ NO ___ 8. Does the patient need a medical examination?

Documentation

YES ___ NO ___ 9. Have you documented appropriately?

References
Ely, J., Graber, M. L., & Croskerry, P. (2011). Checklists to reduce diagnostic errors. Academic Medicine, 86, 307-313.
Gawande, A. (2009). The checklist manifesto. NewYork: Holt.
Knapp, S., & Gavazzi, J. (2012). Ethical issues with difficult patients. In S. Knapp, M. C. Gottlieb, M. Handelsman, & L. VandeCreek, (Eds.), APA handbook of ethics in psychology. Washington, DC: American Psychological Association.
Lambert, M. (2007). Presidential address: What have we learned from a decade of research aimed at improving psychotherapy outcome in routine care? Psychotherapy Research, 17, 1-14.
Stewart, R., & Chambliss, D. (2008). Treatment failures in private practice: How do psychologists proceed? Professional Psychology: Research and Practice, 39, 176-181.


[1] Do you understand your patient’s goals and how he or she expects to achieve them? How do they correspond to your goals and preferred methods of treatment? If they differ, can you reach a compromise? Does the patient buy into treatment? Did you document the goals in your treatment notes? What did the patient say was particularly helpful or hindering about therapy? Have you incorporated your patient’s perceptions into your treatment plan?

[2] Do you agree on how to measure progress (self-report, reports of others, psychometric testing, non-reactive objective measures, etc.)? Does the patient need a medical examination?

[3] If yes, why?

[4] Can you identify what is happening in the relationship to prevent a therapeutic alliance? Does the patient identify an impasse? Do your feelings toward your patient compromise your ability to be helpful? If so, how can you change those feelings? Have you sought consultation on your relationship or feelings about the patient? If so, what did you learn?

[5] Have you reassessed the diagnosis or treatment methods using the BASIC ID, MOST CARE, or another system designed to review the presenting problem? Are you sensitive to cultural, gender-related status, sexual orientation, SES, or other factors? What input did you get from the patient, significant others of the patient, or consultants (this is especially important if there are life-endangering features)?

Thursday, April 12, 2012

Medicaid clients’ data breached at Utah Department of Health

by Meredith Forrest Kulwicki and Zach Whitney
Salt Lake City Fox 13
Originally posted on April 4, 2012

The Utah Department of Health announced a data breach on Wednesday concerning Medicaid claims.

The initial breach appears to have happened on Friday, March 30 and information from 24,000 claims was accessed according to the Utah Department of Health (UDOH).

The server that was breached contained data related to Medicare claims.  Information such client names, addresses, birth dates, Social Security numbers, physician’s names, nation provider identifiers, tax identification numbers and procedure codes may have been accessed said the UDOH.

The entire story is here.

Howard University Data Breach due to Stolen Laptop

NBC Channel 4 in Washington.
Originally published on March 28, 2012


A heads up if you have personal information on file with Howard University Hospital.

The facility sent letters to more than 34,000 patients about a laptop stolen in January.

The entire story is here.

Editorial note:
This story is yet another example of protected health information data loss due to a stolen laptop. 

A guiding principle can be derived from multiple stories like this: Prevent data breaches by not taking PHI home in a laptop or portable storage device.

Wednesday, April 11, 2012

Drug Data Shouldn’t Be Secret

By Peter Doshi and Tom Jefferson
The New York Times - Opinion
Originally published April 10, 2012


IN the fall of 2009, at the height of fears over swine flu, our research group discovered that a majority of clinical trial data for the anti-influenza drug Tamiflu — data that proved, according to its manufacturer, that the drug reduced the risk of hospitalization, serious complications and transmission — were missing, unpublished and inaccessible to the research community. From what we could tell from the limited clinical data that had been published in medical journals, the country’s most widely used and heavily stockpiled influenza drug appeared no more effective than aspirin.

After we published this finding in the British Medical Journal at the end of that year, Tamiflu’s manufacturer, Roche, announced that it would release internal reports to back up its claims that the drug was effective in reducing the complications of influenza. Roche promised access to data from 10 clinical trials, 8 of which had not been published a decade after completion, representing more than 4,000 patients from every continent except Antarctica.

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In response to our conclusions, which we published in January, the C.D.C. defended its stance by once again pointing to Roche’s analyses. This is not the way medical science should progress. Data secrecy is a disservice to those who volunteer their bodies for clinical trials, and is dangerous to those being asked to swallow approved medicines. Governments need to become better stewards of the scientific process.