24 CFR 203.41 - Free assumability; exceptions.

Code of Federal Regulations, 2012 CFR

2012-04-01

..., declaration of condominium, option, right of first refusal, will, or trust agreement, that attempts to cause a... the basis of contractual liability of the mortgagor for breach of an agreement not to convey... benefit of any member, founder, contributor or individual. (b) Policy of free assumability with no...

24 CFR 203.41 - Free assumability; exceptions.

Code of Federal Regulations, 2013 CFR

2013-04-01

..., declaration of condominium, option, right of first refusal, will, or trust agreement, that attempts to cause a... the basis of contractual liability of the mortgagor for breach of an agreement not to convey... benefit of any member, founder, contributor or individual. (b) Policy of free assumability with no...

24 CFR 203.41 - Free assumability; exceptions.

Code of Federal Regulations, 2014 CFR

2014-04-01

..., declaration of condominium, option, right of first refusal, will, or trust agreement, that attempts to cause a... the basis of contractual liability of the mortgagor for breach of an agreement not to convey... benefit of any member, founder, contributor or individual. (b) Policy of free assumability with no...

Site-Based Management: Implications for Risk Management?

ERIC Educational Resources Information Center

Dunklee, Dennis R.

1990-01-01

Site-based school management opens the possibility of problems in districtwide risk management and liability prevention programs. Describes a program to transfer prevention law and risk management strategies to individual school sites. Cautions that only duly authorized agents of local school boards can commit boards to contractual obligations.…

Suing the doctor: lawsuits by injured workers against the occupational physician.

PubMed

Postol, L P

1989-11-01

Occupational physicians are beginning to learn that they, like other physicians, can be targets for lawsuits. This article attempts to outline the relationship between the workers' compensation system and occupational physicians' personal liability. Consideration is given to potential liability due to malpractice, negligent interference with a workers' contractual relationship with his or her employer, libel and slander, and unauthorized release of information. The requirements of the Occupational Health and Safety Administration for medical examinations and recordkeeping are also highlighted. Finally, the need to clarify the relationship between the doctor, patient/worker, and employer is analyzed. Once the occupational physician recognizes the areas for liability, he or she can take practical steps to minimize his or her exposure.

Instructional Liability in Physical Education Teacher Education.

ERIC Educational Resources Information Center

Drowatzky, John N.

A summary is presented of some of the ways that judicial decisions and laws have an impact on higher education and on public education. The sources of legal obligation that impose duties and responsibilities on teachers are discussed. These are: common law, contractual obligations, state laws, and federal laws. The legal definitions are given of…

Breach of Contract Suits by Students against Postsecondary Education Institutions: Can They Succeed?

ERIC Educational Resources Information Center

Jennings, Eileen K.

1980-01-01

Recent court litigation involving the contractual relationship between college students and colleges is reviewed and the issues raised are examined to evaluate how real the threat of contract liability is. Court approaches are heavily result-oriented in academic decision cases, but courts are increasingly reluctant to overturn institutional…

new lease accounting and health care.

PubMed

Berman, Mindy

2016-05-01

Recently released lease accounting standards from the Financial Accounting Standards Board (FASB) present three significant challenges for healthcare organizations: All leases must be reported on a company's balance sheet, increasing liabilities on the balance sheets of healthcare organizations considerably. Contractual agreements not previously considered leases will now be treated as leases. Classification of some equipment leases could change.

Interest rate swaps: financial tool of the '90s.

PubMed

Woodard, M A

1993-11-01

The implementation of prospective payment for capital costs makes it more necessary than ever for healthcare financial managers to be able to creatively balance capital costs with risk. A new financial management tool--the interest rate swap (a contractual agreement in which one party with a fixed interest rate payment liability and another party with a variable interest payment liability agree to trade those obligations)--is proving to be a solution for a growing number of hospital managers. This article describes the uses of interest rate swaps and discusses the variables to be considered when evaluating whether the benefits of an interest rate swap offset the additional risk.

Duty and liability surrounding clinical internships: What every internship coordinator should know.

PubMed

Dye, Deanna C; Bender, Denise

2006-01-01

Practical work experience has become a common component of many academic programs. However, there are risks involved when students engage in required academic internships, particularly if these experiences are conducted off-campus. In the academic setting, particularly on the campus property, the university has an established relationship with the student that carries implied contractual duties. The university's duty to the students, which is to provide them with educational opportunities and a safe environment, may be upheld even when the educational activity is occurring off-campus. Recent court rulings indicate that universities may be held liable for students' safety while these students are engaged in the fulfillment of education requirements off-campus. Recognizing that universities cannot control the behavior and choices of students, universities still have a duty to consistently enforce precautionary safety measures and forewarn students of any known risks. The delineation and fulfillment of the university's duty to provide a safe environment and educational opportunities can be addressed through contractual agreements, policies and procedures, and communication among the parties. This discussion should assist the internship coordinator in establishing policies and procedures that meet the required duties and minimize exposure to liability surrounding internships held off-campus.

[The professional responsibility of the factory physician].

PubMed

Tavani, M

1987-01-01

The author briefly reviews the present trends in jurisprudence concerning the professional liability of the physician in penal and civil law and, in the light of the much discussed decree issued by the Court of Cassation (Court of Appeal) (Decree No. 2799/86 - Labour Section), discusses the juridical position of the factory doctor, the juridical relationship between the doctor and the workforce, his contractual obligations, his rôle and his duties. The aspects that are more specifically appropriate to assessment of the professional liability of the factory doctor are described, commenting on the various criteria that may justify, in matters other than industrial accidents, recognition of the existence of an occupational disease.

[Changes in clinical standards and the need for adjusting legal standards of care from the point of view of civil law].

PubMed

Rosenberger, Rainer

2007-01-01

The legal standard of medical care is laid down in Sect. 276 of the German Civil Code (principle of due diligence). It applies to both contractual and tortious liability and likewise to the treatment of patients insured under the statutory health insurance scheme and self-payers. The legal standard of care conforms to the clinical standards because medical liability means medical professional liability. Liability law does not distinguish between different standards of care in the treatment of patients insured under the statutory health insurance scheme on the one hand and privately insured patients on the other. Changes in clinical standards immediately affect liability law without the need for formal adaptation of the legal standard of care. Liability law cannot claim more diligence than that owed from a medical point of view. Legislative changes that result in a lowering of medical standards (reduction in the quality of treatment) will have to be accepted by liability law, even if these are regulations pertaining to Social Law (SGB V, Book 5 of the German Social Code). In this respect, the principle of legal unity applies. In consideration of this kind of changes the due diligence requirements for the treatment of patients insured under the statutory health insurance scheme and privately insured patients remain basically equal. If these changes lead to an increase of risk for the patient, the resulting liabilities are not to be attributed to the therapist. What remains to be seen is whether there will be an increased attempt to minimise risk by "additionally purchasing health care services".

[Medicolegal aspects in neuroradiologic emergencies].

PubMed

Picard, L

2004-09-01

Naturally, neuroimaging emergencies are a component of the global subject of emergencies that have for several years been a frequent subject in the press. The current situation is the consequence of the evolution of ideas from contractual liability to the frequently discussed principle of precaution. Examples offered by the daily practice allow to emphasize the main difficulties: diagnosis of headaches, seizure episode on public roads, head trauma, stroke... The medical liability of the neuroradiologist is not the same for diagnostic or interventional neuroradiology; it can sometimes be shared with other physicians. This liability includes the indication, the quality of the diagnosis, the information of the patient and relatives, the communication of results with other physicians, the maintenance of the equipment... Knowledge of potential pitfalls allows preventive measures including competence of the neuroradiologist, informed patient consent, and written precise protocols are the most important. However, according to the evolution of our societies, it is likely that it will become increasingly difficult to achieve a professional neuroradiology career without being questioned; it is thus advisable to be prepared for such eventuality.

[Assumption of medical risks and the problem of medical liability in ancient Roman law].

PubMed

Váradi, Agnes

2008-11-02

The claim of an individual to assure his health and life, to assume and compensate the damage from diseases and accidents, had already appeared in the system of the ancient Roman law in the form of many singular legal institutions. In lack of a unified archetype of regulation, we have to analyse the damages caused in the health or corporal integrity of different personal groups: we have to mention the legal interpretation of the diseases or injuries suffered by serves, people under manus or patria potestas and free Roman citizens. The fragments from the Digest od Justinian do not only demonstrate concrete legal problems, but they can serve as a starting point for further theoretical analyses. For example: if death is the consequence of a medical failure, does the doctor have any kind of liability? Was after-care part of the healing process according to the Roman law? Examining these questions, we should not forget to talk about the complex liability system of the Roman law, the compensation of the damages caused in a contractual or delictual context and about the lex Aquilia. Although these conclusions have no direct relation with the present legal regulation of risk assumption, we have to see that analysing the examples of the Roman law can be useful for developing our view of a certain theoretical problem, like that of the modern liability concept in medicine as well.

Legal Issues for the Medical Director.

PubMed

Trulove, William G

2015-09-04

The nephrologist serving as medical director of a dialysis clinic must understand that the role of director is not simply an extension of being a good nephrologist. The two roles-nephrology practice and the leadership of a dialysis clinic-may be filled by a single person. However, each role contains unique tasks, requiring specific skill sets, and each role comes with inherent, associated legal risks. The medical director assumes a new level of responsibility and accountability defined by contractual obligations to the dialysis provider and by state and federal regulations. Hence, a medical director is accountable not only for providing standard-of-care treatment to his or her private practice patients dialyzed at the clinic but also for maintaining the safety of the dialysis clinic patient population and staff. Accordingly, a nephrologist serving in the role of medical director faces distinct legal risks beyond typical professional liability concerns. The medical director must also be mindful of regulatory compliance, unique avenues to licensure board complaints, and implications of careless communication habits. A thoughtful and prepared medical director can mitigate these risk exposures by understanding the sources of these challenges: contractual obligations, pertinent regulatory responsibilities, and the modern electronic communications environment. Copyright © 2015 by the American Society of Nephrology.

Legal Issues for the Medical Director

PubMed Central

2015-01-01

The nephrologist serving as medical director of a dialysis clinic must understand that the role of director is not simply an extension of being a good nephrologist. The two roles—nephrology practice and the leadership of a dialysis clinic—may be filled by a single person. However, each role contains unique tasks, requiring specific skill sets, and each role comes with inherent, associated legal risks. The medical director assumes a new level of responsibility and accountability defined by contractual obligations to the dialysis provider and by state and federal regulations. Hence, a medical director is accountable not only for providing standard-of-care treatment to his or her private practice patients dialyzed at the clinic but also for maintaining the safety of the dialysis clinic patient population and staff. Accordingly, a nephrologist serving in the role of medical director faces distinct legal risks beyond typical professional liability concerns. The medical director must also be mindful of regulatory compliance, unique avenues to licensure board complaints, and implications of careless communication habits. A thoughtful and prepared medical director can mitigate these risk exposures by understanding the sources of these challenges: contractual obligations, pertinent regulatory responsibilities, and the modern electronic communications environment. PMID:25492255

AIDS: medicolegal considerations for Canadian hospitals.

PubMed Central

Johnson, B J; Soskolne, C L

1986-01-01

Given the increasing endemicity of human immunodeficiency virus (HIV), the agent implicated in the causation of acquired immune deficiency syndrome (AIDS), in numerous sizeable subgroups of society, hospitals can expect increasing exposure to the legal implications presented by patients with AIDS. This paper reviews the duty of care owed by hospitals, both directly, through contractual obligations, and indirectly, through the acts of their employees and private contractors, to patients with AIDS, other patients and the public. Owing to the absence of case law directly related to AIDS or to HIV antibody reactivity, inferences were drawn from precedents set with other infectious diseases. Recommendations are made in the areas of confidentiality, informed consent, standards of care and vicarious liability. PMID:3464340

AIDS: medicolegal considerations for Canadian hospitals.

PubMed

Johnson, B J; Soskolne, C L

1986-11-15

Given the increasing endemicity of human immunodeficiency virus (HIV), the agent implicated in the causation of acquired immune deficiency syndrome (AIDS), in numerous sizeable subgroups of society, hospitals can expect increasing exposure to the legal implications presented by patients with AIDS. This paper reviews the duty of care owed by hospitals, both directly, through contractual obligations, and indirectly, through the acts of their employees and private contractors, to patients with AIDS, other patients and the public. Owing to the absence of case law directly related to AIDS or to HIV antibody reactivity, inferences were drawn from precedents set with other infectious diseases. Recommendations are made in the areas of confidentiality, informed consent, standards of care and vicarious liability.

Mortgages, seniors and the common law contractual doctrine of mental incapacity in Australia.

PubMed

Burns, Fiona

2011-01-01

Seniors in Australia are being called upon to mortgage their most precious economic asset, the family home. They may be asked to guarantee the liabilities of other family members by providing a mortgage-based guarantee or they may decide to enter into a reverse mortgage to supplement financially their savings and pensions. As the family home is the single most valuable asset for most older Australians, the creation of any obligations in regard to it ought to be undertaken with care and vigilance. While seniors are free to create mortgage, they may lack the capacity to understand the legal ramifications of these complex transactions or be unable to protect their interests when entering into them. It is not suggested that older Australians necessarily suffer a lack of contractual capacity. Many seniors are more than able to take care of their interests and assets. However, some seniors do suffer cognitive impairment which adversely affects their capacity to act in their best interests and to navigate the complexities of contractual relations. In contract and mortgage law, this raises the issue of mental incapacity. For centuries, the common law has recognized not only that mentally incapacitated people exist, but that they may enter into contracts such as mortgage and may later wish to have the mortgage set aside. The present formulation of the contractual doctrine of mental incapacity is the product of 19th century jurisprudence in which the courts framed the doctrine to accommodate commercial dealing rather than the interests of persons who lacked the necessary mental capacity. Accordingly, the doctrine has been very difficult to rely on successfully when challenging mortgages made by persons lacking capacity. Therefore, Australian litigators and courts alike have sought to deal with mental incapacity issues in the contractual context by using and modifying other doctrines (such as non est factum, undue influence and unconscionable dealing) in which the issue of capacity may be incorporated, but where mental incapacity need not be the sole or primary focus. While this had led to greater success for mortgagors, this has been at the expense of the common law doctrine. The article concludes by offering some suggestions as to how the doctrine may be modernized and mental capacity dealt with in a way both to empower competent seniors and protect those vulnerable seniors suffering cognitive impairment. Copyright © 2011. Published by Elsevier Ltd.

Increasing Liability Premiums in Obstetrics - Analysis, Effects and Options.

PubMed

Soergel, P; Schöffski, O; Hillemanns, P; Hille-Betz, U; Kundu, S

2015-04-01

Whenever people act, mistakes are made. In Germany, it is thought that a total of 40 000 cases of malpractice occur per year. In recent years, costs for liability insurance have risen significantly in almost all spheres of medicine as a whole. Liability in the health care sector is founded on the contractual relationship between doctor and patient. Most recently, case law developed over many years has been codified with the Patients' Rights Act. In obstetrics, the focus of liability law is on brain damage caused by hypoxia or ischemia as a result of management errors during birth. The costs per claim are made up of various components together with different shares of damage costs (increased needs, in particular therapy costs and nursing fees, acquisition damage, treatment costs, compensation). In obstetrics in particular, recent focus has been on massively increased liability payments, also accompanied by higher liability premiums. This causes considerable financial burdens on hospitals as well as on midwives and attending physicians. The premiums are so high, especially for midwives and attending physicians, that professional practice becomes uneconomical in some cases. In recent years, these circumstances have also been intensely debated in the public sphere and in politics. However, the focus here is on the occupation of midwife. In 2014, in the GKV-FQWG (Statutory Health Insurance - Quality and Further Development Act), a subsidy towards the occupational liability premium was defined for midwives who only attended a few deliveries. However, to date, a complete solution to the problem has not been found. A birth will never be a fully controllable risk, but in rare cases will always end with injury to the child. The goal must be to minimise this risk, through good education and continuous training, as well as constant critical analysis of one's own activities. Furthermore, it seems sensible, especially in non-clinical Obstetrics, to look at the current study data more closely. Among the many solutions which have been proposed, such as the development of quality management, risk management and prevention, better remuneration, a waiver on recourse claims by social insurance underwriters, a cap on damage costs of liability insurers, state liability, an indemnity fund, a system change to Medical Treatment Risk Insurance, as well as a discussion on whether or not it makes sense to use non-clinical obstetrics for the prevention of a further increase in premiums, not one stands out as being especially convincing. On the contrary, a meaningful coordination of various concepts should follow. What seems sensible is a higher remuneration per birth, taking into account the liability premiums as well as, in the medium term, the establishment of a liability fund which, from a certain limit upwards, steps in as liable third party.

Increasing Liability Premiums in Obstetrics – Analysis, Effects and Options

PubMed Central

Soergel, P.; Schöffski, O.; Hillemanns, P.; Hille-Betz, U.; Kundu, S.

2015-01-01

Whenever people act, mistakes are made. In Germany, it is thought that a total of 40 000 cases of malpractice occur per year. In recent years, costs for liability insurance have risen significantly in almost all spheres of medicine as a whole. Liability in the health care sector is founded on the contractual relationship between doctor and patient. Most recently, case law developed over many years has been codified with the Patientsʼ Rights Act. In obstetrics, the focus of liability law is on brain damage caused by hypoxia or ischemia as a result of management errors during birth. The costs per claim are made up of various components together with different shares of damage costs (increased needs, in particular therapy costs and nursing fees, acquisition damage, treatment costs, compensation). In obstetrics in particular, recent focus has been on massively increased liability payments, also accompanied by higher liability premiums. This causes considerable financial burdens on hospitals as well as on midwives and attending physicians. The premiums are so high, especially for midwives and attending physicians, that professional practice becomes uneconomical in some cases. In recent years, these circumstances have also been intensely debated in the public sphere and in politics. However, the focus here is on the occupation of midwife. In 2014, in the GKV-FQWG (Statutory Health Insurance – Quality and Further Development Act), a subsidy towards the occupational liability premium was defined for midwives who only attended a few deliveries. However, to date, a complete solution to the problem has not been found. A birth will never be a fully controllable risk, but in rare cases will always end with injury to the child. The goal must be to minimise this risk, through good education and continuous training, as well as constant critical analysis of oneʼs own activities. Furthermore, it seems sensible, especially in non-clinical Obstetrics, to look at the current study data more closely. Among the many solutions which have been proposed, such as the development of quality management, risk management and prevention, better remuneration, a waiver on recourse claims by social insurance underwriters, a cap on damage costs of liability insurers, state liability, an indemnity fund, a system change to Medical Treatment Risk Insurance, as well as a discussion on whether or not it makes sense to use non-clinical obstetrics for the prevention of a further increase in premiums, not one stands out as being especially convincing. On the contrary, a meaningful coordination of various concepts should follow. What seems sensible is a higher remuneration per birth, taking into account the liability premiums as well as, in the medium term, the establishment of a liability fund which, from a certain limit upwards, steps in as liable third party. PMID:26028694

Medical error reduction and tort reform through private, contractually-based quality medicine societies.

PubMed

MacCourt, Duncan; Bernstein, Joseph

2009-01-01

The current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called "Culture of Silence" in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform -a logical and strategic error, in our view. In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where physicians cede their implicit "right to remain silent", even if some injured patients will receive less than they do today. Likewise, physicians will be happier with a system that avoids blame-even if this system placed strict requirements for high quality care and disclosure of error. We therefore conceive of de facto trade between patients and physicians, a Pareto improvement, taking form via the establishment of "Societies of Quality Medicine." Physicians working within these societies would consent to onerous processes for disclosing, rectifying and preventing medical error. Patients would in turn contractually agree to assert their claims in arbitration and with limits on recovery. The role of plaintiffs' lawyers would be unchanged, but due to increased disclosure, discovery costs would diminish and the likelihood of prevailing will more than triple. This article examines the legal and policy issues surrounding the establishment of Societies of Quality Medicine, particularly the issues of contracting over liability, and outlines a means of overcoming the theoretical and practical difficulties with enterprise liability, alternative dispute resolution and the imposition of limits on recovery for non-pecuniary damages. We aim to build a welfare enhancing system that rebuffs the culture of silence and promotes error reduction, a system that is at the same time legally sound, fiscally prudent and politically possible.

[Professional secrecy and the divulgence of information in the veterinary profession].

PubMed

Van der Made, H N

1987-03-01

Aspects of professional secrecy as applied to the veterinary profession are examined. The origin and the modern basis of this precept are referred to. Consideration is given to its application in the Veterinary and Paraveterinary Professions Act, the common law liability of the veterinarian employed in industry, the veterinarian negotiating the purchase of a practice, and its application to moral, ethical and contractual obligations. The need to dispense with professional secrecy in emergency situations is examined, as well as an approach for the discussion of clinical cases amongst colleagues, publication of such cases in scientific journals and the application in a situation where a veterinarian is being sued by a client. Professional secrecy is also examined where the veterinarian is employed in the Public Service and where an obligation arises to give evidence in civil and criminal court proceedings.

48 CFR 750.7108 - Contractual requirements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contractual requirements. 750.7108 Section 750.7108 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign...

29 CFR 500.60 - Farm labor contractors' recruitment, contractual and general obligations.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Farm labor contractors' recruitment, contractual and... labor contractors' recruitment, contractual and general obligations. The Act imposes certain specific recruitment, contractual and general obligations on farm labor contractors and farm labor contractor employees...

45 CFR 1640.3 - Contractual agreement.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 4 2014-10-01 2014-10-01 false Contractual agreement. 1640.3 Section 1640.3... OF FEDERAL LAW TO LSC RECIPIENTS § 1640.3 Contractual agreement. As a condition of receiving LSC funds, a recipient must enter into a written contractual agreement with the Corporation that, with...

Firing without fear. Heading off litigation in employee terminations.

PubMed

Elliott, C L; Kaiser, G

1989-03-01

Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.

RECONCEPTUALIZING CONSENT FOR DIRECT-TO-CONSUMER HEALTH SERVICES.

PubMed

Spector-Bagdady, Kayte

2015-01-01

The market for direct-to-consumer (DTC) health services continues to grow rapidly with former patients converting to customers for the opportunity to purchase varied diagnostic tests without the involvement of their clinician. For the first time a DTC genetic testing company is advertising health-related reports "that meet [Food and Drug Administration] standards for being clinically and scientifically valid." Ethicists and regulatory agencies alike have recognized the need for a more informed transaction in the DTC context, but how should we classify a commercial transaction for something normally protected by a duty of care? How can we assure informed agreements in an industry with terms and conditions as varied as the services performed? The doctrine of "informed consent" began as an ethical construct building on the promise of beneficence in the clinical relationship and elevating the principle of autonomy--but in the DTC context should we hold providers to legal standards of informed consent and associated medical malpractice liability, or contractual obligations where consumers would seek remedy for breach? This Article analyzes the fine balance that must be struck in an industry where companies are selling services for entertainment or non-medical purposes that possess the capacity to produce serious and disquieting medical information. It begins by reviewing current standards of consent in the clinical setting from both a legal and ethical perspective and then lays forth current standards for DTC consent using two currently controversial case studies: that of keepsake fetal ultrasound and genetic testing. DTC keepsake ultrasound and genetic testing providers attempt to de-medicalize the devices used for these procedures from their intended medical uses to non-medical uses. But while keepsake ultrasound is marketed as "intended for entertainment purposes only," it can provide medical information as an incidental finding. 23andMe currently purports to be the only DTC genetics service that "includes" reports that meet FDA qualifications, despite disclaimers of intent to "provide medical advice." The attempted de-medicalization of these devices, therefore, has not been fully transformative, and DTC providers should have more robust ethical and legal duties than the average goods and services seller. This Article delineates these responsibilities, beginning with ethical duties surrounding marketing, entering into, and providing DTC services. It then turns to the legal paradigms necessary to enable, or at least allow for, DTC providers to meet these ethical obligations. While it argues that contractual, as opposed to fiduciary, requirements are most appropriate and that waivers of liability will likely be upheld, it also advocates for a heightened expectation of disclosure during contracting.

Altruistic and contractual remittances between male and female migrants and households in rural Thailand.

PubMed

VanWey, Leah K

2004-11-01

Past research has questioned the extent to which remittances are altruistic behaviors versus payments in a contractual relationship between households and migrants. This article explores altruistic and contractual patterns of remittances using a gendered approach. On the basis of results with various levels of significance in regression models, male and female migrants from Nang Rong, Thailand, behave both altruistically and contractually. However, women and migrants from poorer households behave more altruistically, while men and migrants from richer households behave more contractually. These results point to the need for further research and theory development to explain heterogeneities in migrants' behavior.

Analysis of the performance of contractualization primary health care indicators in the period 2009-2015 in Lisbon and Tagus Valley.

PubMed

Monteiro, Baltazar Ricardo; Candoso, Fátima; Reis, Magda; Bastos, Sónia

2017-03-01

Reforms started in 1996 intended that Regional Health Administrations (ARS) should play a relevant role in the process of transforming an integrated model towards a contractual health care model. The essential tool of this transformation would be the Contractualization Agency, established in each ARS. Its role in the new contractualization culture was to negotiate prospective budgets with health care institutions, which included Primary Health Care (PHC). This paper is a longitudinal analysis of the development of a set of nine PHC contractualization indicators in three Health Center Clusters (ACeS) of the Regional Health Administration of Lisbon and Tagus Valley (ARSLVT). We have noticed that the setting of goals, in terms of external contractualization and its monitoring and follow-up are decisive and help health professionals to define trajectories and performance goals. We also recognize the need to revise baseline indicators by developing them into outcome indicators.

Organizational commitment and intrinsic motivation of regular and contractual primary health care providers.

PubMed

Kumar, Pawan; Mehra, Anu; Inder, Deep; Sharma, Nandini

2016-01-01

Motivated and committed employees deliver better health care, which results in better outcomes and higher patient satisfaction. To assess the Organizational Commitment and Intrinsic Motivation of Primary Health Care Providers (HCPs) in New Delhi, India. Study was conducted in 2013 on a sample of 333 HCPs who were selected using multistage stage random sampling technique. The sample includes medical officers, auxiliary nurses and midwives, and pharmacists and laboratory technicians/assistants among regular and contractual staff. Data were collected using the pretested structured questionnaire for organization commitment (OC), job satisfiers, and intrinsic job motivation. Analysis was done by using SPSS version 18 and appropriate statistical tests were applied. The mean score for OC for entire regular staff is 1.6 ± 0.39 and contractual staff is 1.3 ± 0.45 which has statistically significant difference (t = 5.57; P = 0.00). In both regular and contractual staff, none of them show high emotional attachment with the organization and does not feel part of the family in the organization. Contractual staff does not feel proud to work in a present organization for rest of their career. Intrinsic motivation is high in both regular and contractual groups but intergroup difference is significant (t = 2.38; P < 0.05). Contractual staff has more dissatisfier than regular, and the difference is significant (P < 0.01). Organizational commitment and intrinsic motivation of contractual staff are lesser than the permanent staff. Appropriate changes are required in the predictors of organizational commitment and factors responsible for satisfaction in the organization to keep the contractual human resource motivated and committed to the organization.

Organizational commitment and intrinsic motivation of regular and contractual primary health care providers

PubMed Central

Kumar, Pawan; Mehra, Anu; Inder, Deep; Sharma, Nandini

2016-01-01

Background: Motivated and committed employees deliver better health care, which results in better outcomes and higher patient satisfaction. Objective: To assess the Organizational Commitment and Intrinsic Motivation of Primary Health Care Providers (HCPs) in New Delhi, India. Materials and Methods: Study was conducted in 2013 on a sample of 333 HCPs who were selected using multistage stage random sampling technique. The sample includes medical officers, auxiliary nurses and midwives, and pharmacists and laboratory technicians/assistants among regular and contractual staff. Data were collected using the pretested structured questionnaire for organization commitment (OC), job satisfiers, and intrinsic job motivation. Analysis was done by using SPSS version 18 and appropriate statistical tests were applied. Results: The mean score for OC for entire regular staff is 1.6 ± 0.39 and contractual staff is 1.3 ± 0.45 which has statistically significant difference (t = 5.57; P = 0.00). In both regular and contractual staff, none of them show high emotional attachment with the organization and does not feel part of the family in the organization. Contractual staff does not feel proud to work in a present organization for rest of their career. Intrinsic motivation is high in both regular and contractual groups but intergroup difference is significant (t = 2.38; P < 0.05). Contractual staff has more dissatisfier than regular, and the difference is significant (P < 0.01). Conclusion: Organizational commitment and intrinsic motivation of contractual staff are lesser than the permanent staff. Appropriate changes are required in the predictors of organizational commitment and factors responsible for satisfaction in the organization to keep the contractual human resource motivated and committed to the organization. PMID:27453851

24 CFR 235.361 - Recovery of assistance payments.

Code of Federal Regulations, 2010 CFR

2010-04-01

... or failure to meet contractual obligations, on the part of the mortgagee. (b) The mortgagee shall... where the overpayment resulted from fraud, misrepresentation or failure to meet contractual obligations... contractual obligations means failure to request a required recertification or failure to act on a...

29 CFR 502.20 - Debarment and revocation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE..., this subpart, or 29 CFR part 501 (ESA enforcement of contractual obligations); or (3) A significant... CFR part 501 (ESA enforcement of contractual obligations); or (4) A single heinous act showing such...

47 CFR 1.9040 - Contractual requirements applicable to spectrum leasing arrangements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 47 Telecommunication 1 2010-10-01 2010-10-01 false Contractual requirements applicable to spectrum... PRACTICE AND PROCEDURE Spectrum Leasing General Policies and Procedures § 1.9040 Contractual requirements applicable to spectrum leasing arrangements. (a) Agreements between licensees and spectrum lessees concerning...

47 CFR 1.9040 - Contractual requirements applicable to spectrum leasing arrangements.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 47 Telecommunication 1 2011-10-01 2011-10-01 false Contractual requirements applicable to spectrum... PRACTICE AND PROCEDURE Spectrum Leasing General Policies and Procedures § 1.9040 Contractual requirements applicable to spectrum leasing arrangements. (a) Agreements between licensees and spectrum lessees concerning...

14 CFR 1215.112 - User/NASA contractual arrangement.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false User/NASA contractual arrangement. 1215.112 Section 1215.112 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRACKING AND DATA... User/NASA contractual arrangement. No service shall be provided without an approved agreement. [77 FR...

47 CFR 1.9040 - Contractual requirements applicable to spectrum leasing arrangements.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 47 Telecommunication 1 2012-10-01 2012-10-01 false Contractual requirements applicable to spectrum... PRACTICE AND PROCEDURE Grants by Random Selection Spectrum Leasing General Policies and Procedures § 1.9040 Contractual requirements applicable to spectrum leasing arrangements. (a) Agreements between licensees and...

47 CFR 1.9040 - Contractual requirements applicable to spectrum leasing arrangements.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 47 Telecommunication 1 2014-10-01 2014-10-01 false Contractual requirements applicable to spectrum... PRACTICE AND PROCEDURE Grants by Random Selection Spectrum Leasing General Policies and Procedures § 1.9040 Contractual requirements applicable to spectrum leasing arrangements. (a) Agreements between licensees and...

47 CFR 1.9040 - Contractual requirements applicable to spectrum leasing arrangements.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 47 Telecommunication 1 2013-10-01 2013-10-01 false Contractual requirements applicable to spectrum... PRACTICE AND PROCEDURE Grants by Random Selection Spectrum Leasing General Policies and Procedures § 1.9040 Contractual requirements applicable to spectrum leasing arrangements. (a) Agreements between licensees and...

14 CFR 1215.112 - User/NASA contractual arrangement.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true User/NASA contractual arrangement. 1215.112... User/NASA contractual arrangement. (a) The NASA Administrator reserves the right to waive any portion of the reimbursement due to NASA under the provisions of the reimbursement policy. (b) When NASA has...

14 CFR 1215.112 - User/NASA contractual arrangement.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false User/NASA contractual arrangement. 1215.112... User/NASA contractual arrangement. (a) The NASA Administrator reserves the right to waive any portion of the reimbursement due to NASA under the provisions of the reimbursement policy. (b) When NASA has...

14 CFR 1215.112 - User/NASA contractual arrangement.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false User/NASA contractual arrangement. 1215.112... User/NASA contractual arrangement. (a) The NASA Administrator reserves the right to waive any portion of the reimbursement due to NASA under the provisions of the reimbursement policy. (b) When NASA has...

Families as Contractual Partners in Education. Occasional Paper.

ERIC Educational Resources Information Center

Levin, H. M.; Belfield, C. R.

The educational achievements of the young depend on both family and school but are much more dependent on the former than the latter. Educational policy has established an extensive set of legal and contractual obligations for schools. In contrast, the contractual obligation for families is to meet compulsory education requirements. The…

Legal Responsibilities and Contractual Obligations Imposed on a University by Its Catalog.

ERIC Educational Resources Information Center

Peterson, Erlend D.

The college catalog is discussed with regard to its contractual obligations and applicable federal legislation, and court cases are examined. Historical developments, elements of a contract, and student rights are also addressed. It is suggested that although the university is contractually bound by its published policies and procedures, it can…

14 CFR § 1215.112 - User/NASA contractual arrangement.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false User/NASA contractual arrangement. § 1215.112 Section § 1215.112 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRACKING... § 1215.112 User/NASA contractual arrangement. No service shall be provided without an approved agreement...

Analysing contractual environments: lessons from Indigenous health in Canada, Australia and New Zealand.

PubMed

Lavoie, Josée; Boulton, Amohia; Dwyer, Judith

2010-01-01

Contracting in health care is a mechanism used by the governments of Canada, Australia and New Zealand to improve the participation of marginalized populations in primary health care and improve responsiveness to local needs. As a result, complex contractual environments have emerged. The literature on contracting in health has tended to focus on the pros and cons of classical versus relational contracts from the funder's perspective. This article proposes an analytical framework to explore the strengths and weaknesses of contractual environments that depend on a number of classical contracts, a single relational contract or a mix of the two. Examples from indigenous contracting environments are used to inform the elaboration of the framework. Results show that contractual environments that rely on a multiplicity of specific contracts are administratively onerous, while constraining opportunities for local responsiveness. Contractual environments dominated by a single relational contract produce a more flexible and administratively streamlined system.

48 CFR 750.7110-1 - Investigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy... statements of material facts within the knowledge of the individuals where documentary evidence is lacking...

Contractual conditions, working conditions and their impact on health and well-being.

PubMed

Robone, Silvana; Jones, Andrew M; Rice, Nigel

2011-10-01

Given changes in the labour market in past decades, it is of interest to evaluate whether and how contractual and working conditions affect health and psychological well-being in society today. We consider the effects of contractual and working conditions on self-assessed health and psychological well-being using twelve waves (1991/1992-2002/2003) of the British Household Panel Survey. For self-assessed health, the dependent variable is categorical, and we estimate non-linear dynamic panel ordered probit models, while for psychological well-being, we estimate a dynamic linear specification. The results show that both contractual and working conditions have an influence on health and psychological well-being and that the impact is different for men and women.

The legal and ethical aspects of telemedicine. 2: Data protection, security and European law.

PubMed

Stanberry, B

1998-01-01

The electronic record may be subject to abuses that can be carried out on a large scale and cause great damage. A wide range of data protection and information security measures will need to be taken to ensure the quality and integrity of such records. A European Union directive was formally adopted in 1995 which sets the obligations of those responsible for data processing as well as a number of important rights for individuals. The responsible teleconsultant or medical officer, as the data controller, must make sure these measures are enforced. In the case of the transmission of medical records to another location, the original data controller may remain liable for abuses. But as different elements of the records are spread throughout the different departments of a hospital or across different geographical locations, it may become difficult to ascertain who is responsible for protecting and controlling what. To this end, the designation of liability by contractual means, between the hospital and remote users of a telemedicine network, would be the clearest and most straightforward way of achieving uniformity and predictability in terms of the distribution of responsibility for data protection and security.

Practice improvement, part II: trends in employment versus private practice.

PubMed

Coleman, Mary Thoesen; Roett, Michelle A

2013-11-01

A growing percentage of physicians are selecting employment over solo practice, and fewer family physicians have hospital admission privileges. Results from surveys of recent medical school graduates indicate a high value placed on free time. Factors to consider when choosing a practice opportunity include desire for independence, decision-making authority, work-life balance, administrative responsibilities, financial risk, and access to resources. Compensation models are evolving from the simple fee-for-service model to include metrics that reward panel size, patient access, coordination of care, chronic disease management, achievement of patient-centered medical home status, and supervision of midlevel clinicians. When a practice is sold, tangible personal property and assets in excess of liabilities, patient accounts receivable, office building, and goodwill (ie, expected earnings) determine its value. The sale of a practice includes a broad legal review, addressing billing and coding deficiencies, noncompliant contractual arrangements, and potential litigations as well as ensuring that all employment agreements, leases, service agreements, and contracts are current, have been executed appropriately, and meet regulatory requirements. Written permission from the American Academy of Family Physicians is required for reproduction of this material in whole or in part in any form or medium.

29 CFR 502.0 - Introduction.

Code of Federal Regulations, 2010 CFR

2010-07-01

... CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION... cover the enforcement of all contractual obligation provisions applicable to the employment of H-2A...

29 CFR 502.32 - Contents of notice.

Code of Federal Regulations, 2010 CFR

2010-07-01

... CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION... covered contractual obligation, the amount of any civil money penalty assessment and the reason or reasons...

29 CFR 502.31 - Written notice of determination required.

Code of Federal Regulations, 2010 CFR

2010-07-01

... REGULATIONS ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER... contractual obligations, including the recovery of unpaid wages, the person against whom such action is taken...

29 CFR 502.2 - Coordination of intake between DOL agencies.

Code of Federal Regulations, 2010 CFR

2010-07-01

... REGULATIONS ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER...) regarding contractual H-2A labor standards between the employer and the employee will be immediately...

29 CFR 501.41 - Decision and order of Administrative Law Judge.

Code of Federal Regulations, 2010 CFR

2010-07-01

... REGULATIONS ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER... penalties, debarment, monetary relief, and/or enforcement of other contractual obligations under 8 U.S.C...

29 CFR 501.2 - Coordination between Federal agencies.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF.... (a) Complaints received by ETA or any State Workforce Agency (SWA) regarding contractual H-2A labor...

29 CFR 501.31 - Written notice of determination required.

Code of Federal Regulations, 2010 CFR

2010-07-01

... REGULATIONS ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER... enforce contractual obligations, or obligations under 8 U.S.C. 1188, 20 CFR part 655, subpart B, or the...

10 CFR 626.8 - Deferrals of contractually scheduled deliveries.

Code of Federal Regulations, 2011 CFR

2011-01-01

... PETROLEUM FOR THE STRATEGIC PETROLEUM RESERVE § 626.8 Deferrals of contractually scheduled deliveries. (a) General. (1) DOE prefers to take deliveries of petroleum for the SPR at times scheduled under applicable...

10 CFR 626.8 - Deferrals of contractually scheduled deliveries.

Code of Federal Regulations, 2010 CFR

2010-01-01

... PETROLEUM FOR THE STRATEGIC PETROLEUM RESERVE § 626.8 Deferrals of contractually scheduled deliveries. (a) General. (1) DOE prefers to take deliveries of petroleum for the SPR at times scheduled under applicable...

7 CFR 1780.68 - Owner's contractual responsibility.

Code of Federal Regulations, 2010 CFR

2010-01-01

... of all contractual and administrative issues arising out of procurement entered into in support of a.... Matters concerning violation of laws are to be referred to the applicable local, State, or Federal authority. ...

Primary healthcare in Portugal: 10 years of contractualization of health services in the region of Lisbon.

PubMed

Monteiro, Baltazar Ricardo; Pisco, Ana Maria Silva Azenha; Candoso, Fátima; Bastos, Sónia; Reis, Magda

2017-03-01

Contractualization consists in the development and implementation of a documented agreement whereby one party (payer) provides compensation to the other party (provider) in exchange for a set of health services to a targeted population. We describe, through a case study, the history and the process of implementation of primary health care contractualization (since 1992) in Portugal, emphasizing the consolidation and future challenges of the primary healthcare reform started in 2005. This article resorts to a case study to reflect on the results obtained in the Cluster of Health Centers of the Northern West, Regional Administration of Lisbon and Tagus Valley, between 2009 and 2015, following implementation of contractualization. It was found that the incentive-related payments will have to be weighted considering the results obtained, strongly influenced by epidemiological and socioeconomic change.

48 CFR 750.7103 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Definitions. 750.7103 Section 750.7103 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7105 - Approving authorities.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Approving authorities. 750.7105 Section 750.7105 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign...

48 CFR 750.7106-3 - Mistakes.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Mistakes. 750.7106-3 Section 750.7106-3 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7110 - Processing cases.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Processing cases. 750.7110 Section 750.7110 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7106-1 - General.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false General. 750.7106-1 Section 750.7106-1 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7102 - General policy.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false General policy. 750.7102 Section 750.7102 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7100 - Scope of subpart.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false Scope of subpart. 750.7100 Section 750.7100 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7100 - Scope of subpart.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 5 2014-10-01 2014-10-01 false Scope of subpart. 750.7100 Section 750.7100 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7100 - Scope of subpart.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Scope of subpart. 750.7100 Section 750.7100 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7104 - Types of actions.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Types of actions. 750.7104 Section 750.7104 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy...

48 CFR 750.7109-1 - Filing requests.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Filing requests. 750.7109-1 Section 750.7109-1 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign...

48 CFR 750.7106-2 - Amendments without consideration.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Amendments without consideration. 750.7106-2 Section 750.7106-2 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect...

48 CFR 750.7106 - Standards for deciding cases.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Standards for deciding cases. 750.7106 Section 750.7106 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect...

48 CFR 750.7106-4 - Informal commitments.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Informal commitments. 750.7106-4 Section 750.7106-4 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign...

47 CFR 32.5200 - Miscellaneous revenue.

Code of Federal Regulations, 2010 CFR

2010-10-01

... maintaining and operating the rented property, including depreciation and insurance, shall be included in the... services. (See also Account 5230.) (c) The provision, either under tariff or through contractual... billing information services, whether rendered under tariff or contractual arrangements. (g) Charges and...

48 CFR 750.7109 - Submission of requests by contractors.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Submission of requests by contractors. 750.7109 Section 750.7109 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect...

48 CFR 750.7109-3 - Facts and evidence.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Facts and evidence. 750.7109-3 Section 750.7109-3 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign...

48 CFR 1450.104 - Residual powers.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Residual powers. 1450.104 Section 1450.104 Federal Acquisition Regulations System DEPARTMENT OF THE INTERIOR CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 1450.104 Residual powers. ...

48 CFR 1450.104 - Residual powers.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false Residual powers. 1450.104 Section 1450.104 Federal Acquisition Regulations System DEPARTMENT OF THE INTERIOR CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 1450.104 Residual powers. ...

48 CFR 1350.102-1 - Delegation of authority.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Delegation of authority. 1350.102-1 Section 1350.102-1 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions 1350.102-1 Delegation of...

7 CFR 1755.27 - Borrower contractual obligations.

Code of Federal Regulations, 2010 CFR

2010-01-01

..., DEPARTMENT OF AGRICULTURE TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS, ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS § 1755.27 Borrower contractual obligations. (a) Loan agreement. As a condition of a loan or... pursuant to which the borrowers agree to use RUS standard contract forms for construction, procurement...

2 CFR 215.41 - Recipient responsibilities.

Code of Federal Regulations, 2010 CFR

2010-01-01

... NON-PROFIT ORGANIZATIONS (OMB CIRCULAR A-110) Post Award Requirements Procurement Standards § 215.41... contractual responsibilities arising under its contract(s). The recipient is the responsible authority... contractual and administrative issues arising out of procurements entered into in support of an award or other...

48 CFR 750.7109-2 - Form of requests by contractors.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Form of requests by contractors. 750.7109-2 Section 750.7109-2 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect...

48 CFR 50.104 - Residual powers.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Residual powers. 50.104... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 50.104 Residual powers. This section prescribes standards and procedures for exercising residual powers under Pub. L. 85-804...

48 CFR 50.104 - Residual powers.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 1 2011-10-01 2011-10-01 false Residual powers. 50.104... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 50.104 Residual powers. This section prescribes standards and procedures for exercising residual powers under Pub. L. 85-804...

48 CFR 50.103-2 - Types of contract adjustment.

Code of Federal Regulations, 2011 CFR

2011-10-01

... contract; for example, when a person, responding to an agency official's written or oral instructions and... 48 Federal Acquisition Regulations System 1 2011-10-01 2011-10-01 false Types of contract... CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions...

48 CFR 50.103-2 - Types of contract adjustment.

Code of Federal Regulations, 2010 CFR

2010-10-01

... contract; for example, when a person, responding to an agency official's written or oral instructions and... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Types of contract... CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions...

48 CFR 1450.101-3 - Records.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Records. 1450.101-3... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 1450.101-3 Records. The records of actions taken under FAR Part 50 shall be maintained by the Director, PAM. ...

48 CFR 1450.101-3 - Records.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 5 2013-10-01 2013-10-01 false Records. 1450.101-3... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 1450.101-3 Records. The records of actions taken under FAR Part 50 shall be maintained by the Director, PAM. ...

48 CFR 1450.101-3 - Records.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false Records. 1450.101-3... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 1450.101-3 Records. The records of actions taken under FAR Part 50 shall be maintained by the Director, PAM. ...

48 CFR 1450.101-3 - Records.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 5 2014-10-01 2014-10-01 false Records. 1450.101-3... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 1450.101-3 Records. The records of actions taken under FAR Part 50 shall be maintained by the Director, PAM. ...

Contractual Duration and Investment Incentives: Evidence from Large Scale Production Units in China

NASA Astrophysics Data System (ADS)

Li, Fang; Feng, Shuyi; D'Haese, Marijke; Lu, Hualiang; Qu, Futian

2017-04-01

Large Scale Production Units have become important forces in the supply of agricultural commodities and agricultural modernization in China. Contractual duration in farmland transfer to Large Scale Production Units can be considered to reflect land tenure security. Theoretically, long-term tenancy contracts can encourage Large Scale Production Units to increase long-term investments by ensuring land rights stability or favoring access to credit. Using a unique Large Scale Production Units- and plot-level field survey dataset from Jiangsu and Jiangxi Province, this study aims to examine the effect of contractual duration on Large Scale Production Units' soil conservation behaviours. IV method is applied to take into account the endogeneity of contractual duration and unobserved household heterogeneity. Results indicate that farmland transfer contract duration significantly and positively affects land-improving investments. Policies aimed at improving transaction platforms and intermediary organizations in farmland transfer to facilitate Large Scale Production Units to access farmland with long-term tenancy contracts may therefore play an important role in improving soil quality and land productivity.

Ethical issues in managed care for the obstetrician and gynecologist.

PubMed

Finnerty, J J; Pinkerton, J A

1998-08-01

The practice of medicine is now managed. Of this there is no doubt. The individual physician is placed in an ever-increasingly vulnerable position. He or she must cope with a myriad of contractual arrangements with strange concepts such as "withholds," "capitation," "covered lives," "limited liability on the part of the managed care organization;" "outcomes analysis," "practice guidelines," and, last but not least, "gag rules." Patients are being denied care that the physician may consider, if not essential, at least most desirable. On the one hand, the physician must serve a fiduciary obligation to the patient and act as the patient's advocate; on the other hand, the physician's income may be proportionally dependent on limiting the extent of the patient's access to unlimited care. The physician may be limited by restrictions imposed by the managed care organization as to what disclosures he or she may make to the patient regarding limitations of care. We will explore these issues from an ethical perspective and attempt to offer some insights on the basis of a review of the comments of many knowledgeable commentators on this topic, and we will explore the virtues that physicians will need to rely on to come to grips with the dilemmas they will face in the future with managed care.

32 CFR 516.66 - Administrative and contractual actions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Administrative and contractual actions. 516.66 Section 516.66 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.66...

29 CFR 501.20 - Debarment and revocation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE... to comply with the employer's obligations to recruit U.S. workers; (iv) Improper layoff or... sanctions or remedies imposed by the WHD Administrator for violation(s) of contractual or other H-2A...

A Unified Approach to Information Security Compliance

ERIC Educational Resources Information Center

Adler, M. Peter

2006-01-01

The increased number of government-mandated and private contractual information security requirements in recent years has caused higher education security professionals to view information security as another aspect of regulatory or contractual compliance. The existence of fines, penalties, or loss (including bad publicity) has also increased the…

76 FR 64250 - Reserve Requirements of Depository Institutions: Reserves Simplification and Private Sector...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-18

... balance requirements in place of carryover and routine penalty waivers, discontinue as-of adjustments... the contractual clearing balance program. The proposed amendments are designed to reduce the... with the proposed elimination of the contractual clearing balance program, the Board is requesting...

Contractual School Psychological Services: Prevalence and Practices.

ERIC Educational Resources Information Center

Brown, Michael B.; Gibson, Ron L.; Bolen, Larry M.

2000-01-01

School districts (N=121) in a Southeastern state were surveyed concerning the prevalence and practices of contract school psychological services in public schools. Most reported that their primary service was providing triennial reevaluations. Survey determined that the most pressing concern regarding contractual services is ensuring that these…

Contractual Relationships for Educational Programs: The High Road.

ERIC Educational Resources Information Center

Ernst, Joseph C., Jr.

Since 1972, Park College, in Missouri, has successfully competed contractually with other colleges and universities for the opportunity to provide non-traditional college education on U.S. Armed Forces installations throughout the United States. The contract process begins with the military installation's Education Services Officer (ESO)…

16 CFR 310.4 - Abusive telemarketing acts or practices.

Code of Federal Regulations, 2014 CFR

2014-01-01

... to a settlement agreement, debt management plan, or other such valid contractual agreement executed by the customer; (B) The customer has made at least one payment pursuant to that settlement agreement, debt management plan, or other valid contractual agreement between the customer and the creditor or...

16 CFR 310.4 - Abusive telemarketing acts or practices.

Code of Federal Regulations, 2013 CFR

2013-01-01

... to a settlement agreement, debt management plan, or other such valid contractual agreement executed by the customer; (B) The customer has made at least one payment pursuant to that settlement agreement, debt management plan, or other valid contractual agreement between the customer and the creditor or...

16 CFR 310.4 - Abusive telemarketing acts or practices.

Code of Federal Regulations, 2012 CFR

2012-01-01

... to a settlement agreement, debt management plan, or other such valid contractual agreement executed by the customer; (B) The customer has made at least one payment pursuant to that settlement agreement, debt management plan, or other valid contractual agreement between the customer and the creditor or...

32 CFR 516.66 - Administrative and contractual actions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Administrative and contractual actions. 516.66 Section 516.66 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.66...

John Wood Community College: The Contractual Common Market Concept.

ERIC Educational Resources Information Center

Heath, Paul R.

This paper describes the philosophy and operation of John Wood Community College (JWCC), located in Illinois, which uses neighboring private and proprietary colleges in Illinois, Missouri, and Iowa to provide instructional and support services for its students. Currently, six schools have contractual relationships with JWCC, with the result that…

The Contractual Nature of a Driver's License.

ERIC Educational Resources Information Center

Sariola, Sakari

1989-01-01

Calls for programed administrative change which would reflect concern not only with skills and aptitudes of individual drivers, and with their physical and mental condition, but also with drivers in responsible and enlightened partnership under mutual agreement with society. Presents contractual obligation as one step in solving problem of…

Contractual considerations in veterinary practice.

PubMed

Grossman, M R; Scoggins, G A

1993-09-01

Veterinary medicine is a profession based on contract. Many aspects of veterinary practice involve legally enforceable contract obligations. Legal rules established by statutes or court cases govern contract formation, interpretation, and enforcement. This article explains several legal principles governing contract law and applies some of these principles to common contractual settings in veterinary medicine.

75 FR 49913 - Active Duty Service Determinations For Civilian or Contractual Groups

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-16

... DEPARTMENT OF DEFENSE Department of the Air Force Active Duty Service Determinations For Civilian or Contractual Groups SUMMARY: On July 30, 2010, the Secretary of the Air Force, acting as Executive... not be considered ``active duty'' for purposes of all laws administered by the Department of Veterans...

77 FR 29257 - Registration of Copyright: Definition of Claimant

Federal Register 2010, 2011, 2012, 2013, 2014

2012-05-17

... considerable legal uncertainty while offering no clear benefits to the registration system. Removing it will... individuals or entities that have obtained the contractual right to claim legal title to copyright in an... author, the contractual right to claim legal title to the copyright in an application for copyright...

48 CFR 50.101-3 - Records.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Records. 50.101-3 Section... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 50.101-3 Records. Agencies shall maintain complete records of all actions taken under this Subpart 50.1. For each request for...

48 CFR 50.101-3 - Records.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 1 2011-10-01 2011-10-01 false Records. 50.101-3 Section... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 50.101-3 Records. Agencies shall maintain complete records of all actions taken under this Subpart 50.1. For each request for...

48 CFR 50.101-3 - Records.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 1 2012-10-01 2012-10-01 false Records. 50.101-3 Section... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 50.101-3 Records. Agencies shall maintain complete records of all actions taken under this Subpart 50.1. For each request for...

48 CFR 50.101-3 - Records.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 1 2014-10-01 2014-10-01 false Records. 50.101-3 Section... EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 50.101-3 Records. Agencies shall maintain complete records of all actions taken under this Subpart 50.1. For each request for...

48 CFR 750.7110-2 - Office of General Counsel coordination.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Office of General Counsel coordination. 750.7110-2 Section 750.7110-2 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy Interests of th...

29 CFR 501.32 - Contents of notice.

Code of Federal Regulations, 2010 CFR

2010-07-01

... CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION... including the amount of any monetary relief due or actions necessary to fulfill a contractual obligation or obligations under 8 U.S.C. 1188, 20 CFR part 655, subpart B, or the regulations in this part, the amount of...

41 CFR 102-33.170 - What standards must we establish or require (contractually, where applicable) for maintenance of...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false What standards must we establish or require (contractually, where applicable) for maintenance of our Government aircraft? 102-33.170 Section 102-33.170 Public Contracts and Property Management Federal Property Management...

48 CFR 250.104-3-70 - Indemnification under contracts involving both research and development and other work.

Code of Federal Regulations, 2010 CFR

2010-10-01

... contracts involving both research and development and other work. 250.104-3-70 Section 250.104-3-70 Federal... MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT Extraordinary Contractual Actions 250.104-3-70 Indemnification under contracts involving both research and development and other work. When...

41 CFR 102-33.165 - What standards must we establish or require (contractually, where applicable) for operation of...

Code of Federal Regulations, 2010 CFR

2010-07-01

...-following procedures to notify management and initiate search and rescue operations for lost or downed... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false What standards must we establish or require (contractually, where applicable) for operation of our flight program? 102-33.165...

45 CFR 1640.3 - Contractual agreement.

Code of Federal Regulations, 2013 CFR

2013-10-01

... OF FEDERAL LAW TO LSC RECIPIENTS § 1640.3 Contractual agreement. As a condition of receiving LSC... respect to its LSC funds, it will be subject to the Federal laws listed in § 1640.2(a)(1). The agreement... such Federal law and of the consequences of a violation of such law, both to the recipient and to...

45 CFR 1640.3 - Contractual agreement.

Code of Federal Regulations, 2010 CFR

2010-10-01

... OF FEDERAL LAW TO LSC RECIPIENTS § 1640.3 Contractual agreement. As a condition of receiving LSC... respect to its LSC funds, it will be subject to the Federal laws listed in § 1640.2(a)(1). The agreement... such Federal law and of the consequences of a violation of such law, both to the recipient and to...

45 CFR 1640.3 - Contractual agreement.

Code of Federal Regulations, 2011 CFR

2011-10-01

... OF FEDERAL LAW TO LSC RECIPIENTS § 1640.3 Contractual agreement. As a condition of receiving LSC... respect to its LSC funds, it will be subject to the Federal laws listed in § 1640.2(a)(1). The agreement... such Federal law and of the consequences of a violation of such law, both to the recipient and to...

45 CFR 1640.3 - Contractual agreement.

Code of Federal Regulations, 2012 CFR

2012-10-01

... OF FEDERAL LAW TO LSC RECIPIENTS § 1640.3 Contractual agreement. As a condition of receiving LSC... respect to its LSC funds, it will be subject to the Federal laws listed in § 1640.2(a)(1). The agreement... such Federal law and of the consequences of a violation of such law, both to the recipient and to...

17 CFR 301.300a - Form 300-A, for summary of buy-ins or sell-outs of all open contractual commitments.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 17 Commodity and Securities Exchanges 3 2010-04-01 2010-04-01 false Form 300-A, for summary of buy... Securities Exchanges SECURITIES AND EXCHANGE COMMISSION (CONTINUED) Schedule A to Part 285 FORMS, SECURITIES INVESTOR PROTECTION CORPORATION Forms for Closeout Or Completion of Open Contractual Commitments § 301.300a...

Relational Contract: Applicable to Department of Defense Contracts

DTIC Science & Technology

1989-12-01

examine the evolution of contract law and, in particular, the role of contractual incompleteness in exchange relationships. 2.1.1. The Classical Approach...Classical contract law facilitates exchange by separately detailing all aspects of the contracting process 9 at the outset by prespecification of all...modifications after contractual performance has begun. According to Williamson (1979), classical contract law implements prespecification through legal

Wartime Construction Project Outcomes as a Function of Contract Type

DTIC Science & Technology

2016-07-01

contract types has been well established. The theory of contractual incentives promulgated by Sherer (1964) established expected contractor...behaviors using a max- imization problem. The theory focuses on expected contractor behaviors in incentive contracts (cf. Federal Acquisition Regulation...Scherer, F. M. (1964). The theory of contractual incentives for cost reduction. Quarterly Journal of Economics, 78, 257–280. Tawazuh Commercial and

Searching the Future for the Legal Regime of Space Activities: the Need for Unification of National Space Legislation' Provisions

NASA Astrophysics Data System (ADS)

Negoda, S. A.

2002-01-01

space activities. For the future legal regime of space activities it is vital to preserve the existed principles and main provisions of the international space law. related legislations are developing rapidly. They become serious instrument for legal regulation of space activities. those projects with a foreign party involvement. Quite often partners in international space projects agree to choice a domestic law of one of them. They do this for defining a certain organizational and/or contractual issue (disputes settlement, for example) of the project. that such practice will spread widely. could help to preserve the existed important provisions of international space law (responsibility of states for their national activities, for instance). development of international space private law. We believe that solely special laws and regulations of national legislations could not regulate modern space activities. Being more and more commercial, space activities are becoming a real part of "downed to Earth" commercial activities. Therefore, in many countries provisions of civil, commercial, investment and other branches of national law are applied to such activities. which could low possible risks of such activities and to control them. Such unification seems to be suitable in the following fields: 1)implementation of provisions of international space law in national space laws; 2)definition of unified terminology, accepted by national laws of all parties; 3)unification in national legislations of a certain standards (insurance rates and rules, for instance); 4)unification in national laws of issues related to liability (for instance, a mutual wave of liability in certain types of 5)implementation in national laws of unified rules and procedures of space-related commercial disputes settlement; 6)unification of mechanisms for protection of space-related intellectual property. unification of their provisions. Special attention is paid to provisions of private law (including collision norms). conflicts between parties and national laws in light of expanding of application of national laws' provisions to space activities, 2) unification and further development of international space private law will help to maintain the authority of international public space law and to keep a proper hierarchy between these branches.

7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

Agreement between Yuba Community College District and Yuba College Faculty Association, Effective July 1, 1987, Terminates June 30, 1990.

ERIC Educational Resources Information Center

Yuba Coll., Marysville, CA.

This contractual agreement outlines the terms of employment for all full-time instructors, librarians, and counselors; those whose contractual obligation equals or exceeds .60 full-time equivalent (FTE); and those who have completed at least a .10 FTE semester assignment during three of the last six semesters. The articles in the agreement set…

Reduction of construction wastes by improving construction contract management: a multinational evaluation.

PubMed

Mendis, Daylath; Hewage, Kasun N; Wrzesniewski, Joanna

2013-10-01

The Canadian construction industry generates 30% of the total municipal solid waste deposited in landfills. Ample evidence can be found in the published literature about rework and waste generation due to ambiguity and errors in contract documents. Also, the literature quotes that disclaimer clauses in contract documents are included in the contractual agreements to prevent contractor claims, which often cause rework. Our professional practice has also noted that there are several disclaimer clauses in standard contract documents which have the potential to cause rework (and associated waste). This article illustrates a comparative study of standard contractual documents and their potential to create rework (and associated waste) in different regions of the world. The objectives of this study are (1) to analyse standard contractual documents in Canada, the USA and Australia in terms of their potential to generate rework and waste, and (2) to propose changes/amendments to the existing standard contract documents to minimise/avoid rework. In terms of construction waste management, all the reviewed standard contract documents have deficiencies. The parties that produce the contract documents include exculpatory clauses to avoid the other party's claims. This approach tends to result in rework and construction waste. The contractual agreements/contract documents should be free from errors, deficiencies, ambiguity and unfair risk transfers to minimise/avoid potential to generate rework and waste.

How to govern physician-hospital exchanges: contractual and relational issues in Belgian hospitals.

PubMed

Trybou, Jeroen; Gemmel, Paul; Annemans, Lieven

2014-07-01

Our aim was to investigate contractual mechanisms in physician-hospital exchanges. The concepts of risk-sharing and the nature of physician-hospital exchanges - transactional versus relational - were studied. Two qualitative case studies were performed in Belgium. Hospital executives and physicians were interviewed to develop an in-depth understanding of contractual and relational issues that shape physician-hospital contracting in acute care hospitals. The underlying theoretical concepts of agency theory and social exchange theory were used to analyse the data. Our study found that physician-hospital contracting is highly complex. The contract is far more than an economic instrument governing financial aspects. The effect of the contract on the nature of exchange - whether transactional or relational - also needs to be considered. While it can be argued that contractual governance methods are increasingly necessary to overcome the difficulties that arise from the fragmented payment framework by aligning incentives and sharing financial risk, they undermine the necessary relational governance. Relational qualities such as mutual trust and an integrative view on physician-hospital exchanges are threatened, and may be difficult to sustain, given the current fragmentary payment framework. Since health care policy makers are increasing the financial risk borne by health care providers, it can be argued that this also increases the need to share financial risk and to align incentives between physician and hospital. However, our study demonstrates that while economic alignment is important in determining physician-hospital contracts, the corresponding impact on working relationships should also be considered. Moreover, it is important to avoid a relationship between hospital and physician predominantly characterized by transactional exchanges thereby fostering an unhealthy us-and-them divide and mentality. Relational exchange is a valuable alternative to contractual exchange, stimulating an integrated hospital-physician relationship. Unfortunately, the fragmented payment framework characterized by unaligned incentives is perceived as an obstacle to realize effective collaboration. © The Author(s) 2014 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

Indoor air quality and the law in Singapore.

PubMed

Chan, P

1999-12-01

With the greater use of air-conditioned offices in Singapore, achieving good indoor air quality has become an important issue. The laws that impose duties upon designers and contractors with respect to the design and construction of air-conditioning and mechanical ventilation (ACMV) systems are set out in the Building Control Regulations and the Singapore Standard Code of Practice for Mechanical Ventilation and Air-conditioning in Buildings (hereinafter "SS CP 13:1980"). ACMV maintenance is governed by the Environmental Public Health Act, the Building and Common Property (Maintenance and Management) Act, and the Land Titles (Strata) Act, as well as by lease or tenancy agreements. Designers, contractors, developers, building owners and management corporations may also be liable to the workers, occupants and other premises users for indoor air quality (IAQ)-related injuries under the general principles of contract and tort. Recently, the Guidelines for Good Indoor Air Quality in Office Premises was issued by the Ministry of Environment to complement SS CP 13:1980 toward improving the indoor air quality of air-conditioned office premises. Although the Guidelines have no statutory effect, they may be adopted as contractual requirements in construction, lease and maintenance contracts. They may also be used to determine the relevant standard of duty of care required to discharge tortious liability. This paper looks at the existing laws and rules affecting the design, construction and maintenance of air-conditioned offices in light of Part III of the Ministry's Guidelines.

Navigating rough waters: an overview of psychological aspects of surrogacy.

PubMed

Ciccarelli, Janice C; Beckman, Linda J

2005-03-01

This article provides an overview of the social and psychological aspects surrounding the surrogacy process including attitudes about surrogacy, perceptions and problems of surrogate mothers and intended/social parents, and questions concerning children resulting from contractual parenting. Review of the literature on contractual parenting reveals a wealth of discussion about the ethical, moral, legal, and psychological implications, but limited empirical data on the psychological and social aspects. Future research can provide empirical evidence as a foundation for counseling at all phases of the surrogacy process.

THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

PubMed

Bărcan, Cristian

2015-01-01

Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

46 CFR 298.38 - Partnership agreements and limited liability company agreements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass...

29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 9 2011-07-01 2011-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass...

Environmental liability and redevelopment of old industrial land.

PubMed

Sigman, Hilary

2010-01-01

Many communities are concerned about the reuse of potentially contaminated land (brownfields) and believe that environmental liability is a hindrance to redevelopment. However, with land price adjustments, liability might not impede the reuse of this land. This article studies state liability rules-specifically, strict liability and joint and several liability-that affect the level and distribution of expected costs of private cleanup. It explores the effects of this variation on industrial land prices and vacancy rates and on reported brownfields in a panel of cities across the United States. In the estimated equations, joint and several liability reduces land prices and increases vacancy rates in central cities. The results suggest that liability is at least partly capitalized but does still deter redevelopment.

High and low-risk specialties experience with the U.S. medical malpractice system

PubMed Central

2013-01-01

Background “High-liability risk specialties” tend to be the focus of medical malpractice system research and debate, but concerns and fears are not limited to this group. The objective of this study was to examine whether “high-liability risk” medical specialties have a different experience with the malpractice system than “low-liability risk” specialties. Methods We reviewed claims data from the Physician Insurers Association of America’s Data Sharing Project between January 1985 and December 2008. We used linear regression, controlling for year, to determine how liability risk affected outcomes of interest. Results In high-liability risk specialties, 33% of claims result in indemnity payments compared to 28% for low-liability risk specialties (p < 0.001). The average indemnity payment for high-liability risk specialties was $315,314 compared to $267,146 for low-liability risk specialties (p = 0.25). Although only a small percentage of claims go to trial, low-liability risk specialties have significantly more claims that are ultimately dropped, withdrawn or dismissed, while high-liability risk specialties have significantly more claims that result in plaintiff settlement (p < 0.001). Conclusions Malpractice risk exists for all specialties. Variability in indemnity costs are found in both high- and low-liability risk specialties. Differences in the reasons for which claims are initiated for high- and low-liability risk specialties likely necessitate different risk management solutions. PMID:24192524

Study of obligations defined in agreements between parties involved in clinical trials of medicinal products in Bulgaria.

PubMed

N Getov, Ilko; Gocheva-Hristova, Tanya; Lebanova, Hristina V; Grigorov, Evgeni E

2012-08-01

To analyse and assess the legislative and contractual obligations of the parties involved in the conduct of clinical trials, with identification of the needs for comprehensive contractual regulation of their rights and responsibilities. This survey has been carried out by means of review, analysis of comprehensiveness, comparative legislative analysis and assessment of compliance with the legislation of sample of investigator and site agreements governing the process of conducting clinical trials. The survey comprises analyses of contractual relations between the sponsor of the study and the investigator, and between the sponsor of the study and the trial site, respectively, relevant to clinical trials which are actually conducted in Bulgaria at the time of and following the survey. Comparative method based on pre-defined structured indices was employed to outline the major variances in the volume of responsibilities and obligations of the said parties to the clinical trial, as regulated by the investigator and site agreements. The analysis of comprehensiveness showed evident omissions in the regulation of relations and interactions between the parties to the agreements. The detailed contractual regulation providing for the statutory obligations and responsibilities of the parties involved in the conduct of clinical trials is a good guarantee for proper understanding of the obligations of each party and for compliance with their relevant responsibilities in view of protecting the rights of the participants in the clinical trials - patients or healthy volunteers.

The Willingness-to-Pay for General Practitioners in Contractual Service and Influencing Factors among Empty Nesters in Chongqing, China.

PubMed

Chen, Fei; Xu, Xiang-Long; Yang, Zhan; Tan, Hua-Wei; Zhang, Liang

2015-08-10

In 2012, a pilot health policy of contractual service relations between general practitioners and patients was implemented in China. Due to the decline in body and cognitive function, as well as the lack of family care and narrow social support networks, the demand of health services among the elderly is much higher than that among the general population. This study aims to probe into the empty nesters' willingness-to-pay for general practitioners using a contractual service policy, investigating empty nesters' payment levels for the service, and analyze the main factors affecting the willingness of empty-nesters' general practitioners using contractual service supply cost. This cross-sectional study adopted a multistage stratified sampling method to survey 865, city empty nesters (six communities in three districts of one city) aged 60-85 years. A condition value method was used to infer the distribution of the willingness-to-pay; Cox's proportional hazards regression model was used to analyze the influencing factors of willingness-to-pay. More than seventy percent (76.6%) of the empty nesters in this city were willing to pay general practitioners using contract service in Chongqing. The level of willingness-to-pay for the surveyed empty nesters was 34.1 yuan per year. The median value was 22.1 yuan per year, which was below the Chongqing urban and rural cooperative medical insurance individual funding level (60 yuan per year) in 2013. Cox's proportional hazards regression model analysis showed that the higher the education level was, the worse the self-reported health status would be, accompanied by higher family per capita income, higher satisfaction of community health service, and higher willingness-to-pay empty nesters using a contract service. Women had a higher willingness-to-pay than men. The willingness-to-pay for general practitioners by contractual service is high among city empty nesters in Chongqing, thus, individual financing is feasible. However, people are willing to pay less than half of the current personal financing of cooperative medical insurance of urban and rural residents. Education level, family per capita income, and self-reported health status are the main factors affecting the cost sharing intention for general practitioners using contract service supply. According to the existing situation of different empty nesters, it is important to perfect the design of general practitioners using a contractual service policy system, according to differentiated personal financing levels.

Case mix of home health patients under capitated and fee-for-service payment.

PubMed Central

Shaughnessy, P W; Schlenker, R E; Hittle, D F

1995-01-01

OBJECTIVE. We compare case mix of Medicare home health patients under HMO and FFS payment. STUDY DESIGN. A pseudo-experimental design was employed to study case mix using three types of Medicare-certified home health agencies (HHAs): HMO-owned agencies, pure FFS agencies that admit few Medicare HMO patients (less than 5 percent of admissions are Medicare HMO patients), and mixed (or contractual) agencies that admit at least 15 Medicare FFS patients and 15 Medicare HMO patients per month. SAMPLES OF PROVIDERS AND PATIENTS. Random samples of Medicare-aged patients (> or = 65 years) were selected at admission between June 1989 and November 1991 from the 38 study HHAs. Sample sizes by agency type were: 308 patients from 9 HMO-owned agencies; 529 patients from 15 pure FFS agencies; and 381 HMO patients and 414 FFS patients from 14 contractual agencies. DATA. Primary longitudinal data were prospectively collected at admission for all patients on health status indicators, demographics, admission source, and home environment. MEASURES. The most important case-mix measures were functional and physiologic indicators of health status, including (instrumental) activities of daily living ([I]ADLs). Selected indicators of demographic variables, prior location, living situation, characteristics of informal caregivers, mental/behavioral factors, and resource needs were also used. PRINCIPAL FINDINGS. (a) The case mix of Medicare FFS patients compared with Medicare HMO patients was more intense in terms of impairments in ADLs, IADLs, and various physiologic conditions. Pressure ulcers as well as neurological and orthopedic impairments requiring rehabilitation care were also more prevalent among FFS patients. (b) Relative to HMO patients admitted to contractual agencies, HMO patients admitted to HMO-owned agencies were moderately more dependent in ADLs and IADLs. However, only 62 percent of HMO patients admitted to HMO-owned agencies, in contrast to 77 percent of HMO patients admitted to contractual agencies, had been hospitalized during the 30 days prior to home health admission. (c) In all, the case mix of patients receiving care from HMO-owned agencies is more heterogeneous than the case mix of HMO patients receiving care from contractual agencies. CONCLUSIONS. The case-mix (and selected utilization) findings indicate that HMOs use home health care differently than does the FFS sector. The greater diversity of case mix for HMO-owned agencies and the narrower or less diverse case mix that characterizes HMO patients receiving home care on a contractual basis point to the likelihood of cost differences among the two types of HMO patients and FFS patients, and raise the question of possible outcome differences. PMID:7721587

The Willingness-to-Pay for General Practitioners in Contractual Service and Influencing Factors among Empty Nesters in Chongqing, China

PubMed Central

Chen, Fei; Xu, Xiang-Long; Yang, Zhan; Tan, Hua-Wei; Zhang, Liang

2015-01-01

Background: In 2012, a pilot health policy of contractual service relations between general practitioners and patients was implemented in China. Due to the decline in body and cognitive function, as well as the lack of family care and narrow social support networks, the demand of health services among the elderly is much higher than that among the general population. This study aims to probe into the empty nesters’ willingness-to-pay for general practitioners using a contractual service policy, investigating empty nesters’ payment levels for the service, and analyze the main factors affecting the willingness of empty-nesters’ general practitioners using contractual service supply cost. Methods: This cross-sectional study adopted a multistage stratified sampling method to survey 865, city empty nesters (six communities in three districts of one city) aged 60–85 years. A condition value method was used to infer the distribution of the willingness-to-pay; Cox’s proportional hazards regression model was used to analyze the influencing factors of willingness-to-pay. Results: More than seventy percent (76.6%) of the empty nesters in this city were willing to pay general practitioners using contract service in Chongqing. The level of willingness-to-pay for the surveyed empty nesters was 34.1 yuan per year. The median value was 22.1 yuan per year, which was below the Chongqing urban and rural cooperative medical insurance individual funding level (60 yuan per year) in 2013. Cox’s proportional hazards regression model analysis showed that the higher the education level was, the worse the self-reported health status would be, accompanied by higher family per capita income, higher satisfaction of community health service, and higher willingness-to-pay empty nesters using a contract service. Women had a higher willingness-to-pay than men. Conclusions: The willingness-to-pay for general practitioners by contractual service is high among city empty nesters in Chongqing, thus, individual financing is feasible. However, people are willing to pay less than half of the current personal financing of cooperative medical insurance of urban and rural residents. Education level, family per capita income, and self-reported health status are the main factors affecting the cost sharing intention for general practitioners using contract service supply. According to the existing situation of different empty nesters, it is important to perfect the design of general practitioners using a contractual service policy system, according to differentiated personal financing levels. PMID:26266416

76 FR 13656 - Notice of Submission of Proposed Information Collection to OMB Requirement for Contractors to...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-14

... insurance provide evidence that worker's compensation and general liability, automobile liability insurance... insurance provide evidence that worker's compensation and general liability, automobile liability insurance...

Liability of professional and volunteer mental health practitioners in the wake of disasters: a framework for further considerations.

PubMed

Abdel-Monem, Tarik; Bulling, Denise

2005-01-01

Qualified immunity from civil liability exists for acts of disaster mental health (DMH) practitioners responding to disasters or acts of terrorism. This article reviews current legal regimens dictating civil liability for potentially wrongful acts of DMH professionals and volunteers responding to disasters. Criteria are proposed to inform determinations of civil liability for DMH workers in disaster response, given current legal parameters and established tort law in relevant areas. Specific considerations are examined that potentially implicate direct liability of DMH professionals and volunteers, and vicarious liability of DMH supervisors for actions of volunteer subordinates. The relevance of pre-event DMH planning and operationalization of the plan post-event is linked to considerations of liability. This article concludes with recommendations to minimize liability exposure for DMH workers in response efforts.

The College Professor's Professional Liability

ERIC Educational Resources Information Center

Griggs, Walter S.; Rubin, Harvey W.

1977-01-01

The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

A comparative study on the level of satisfaction among regular and contractual health-care workers in a Northern city of India

PubMed Central

Dixit, Jyoti; Goel, Sonu; Sharma, Vijaylakshmi

2017-01-01

Introduction: Job satisfaction greatly determines the productivity and efficiency of human resources for health. The current study aims to assess the level of satisfaction and factors influencing the job satisfaction among regular and contractual health-care workers. Materials and Methods: A cross-sectional quantitative study was conducted from January to June 2015 among health care workers (n = 354) at all levels of public health-care facilities of Chandigarh. The correlation between variables with overall level of satisfaction was computed for regular and contractual health-care workers. Stepwise multiple linear regression was done to elucidate the major factors influencing job satisfaction. Results: Majority of the regular health-care staff was highly satisfied (86.9%) as compared to contractual staff (10.5%), which however was moderately satisfied (55.9%). Stepwise regression model showed that work-related matters (β = 1.370, P < 0.01), organizational facilities (β = 1.586, P < 0.01), privileges attached to the job (β = 0.530, P < 0.01), attention to the suggestions (β = 0.515, P < 0.01), chance of promotion (β = 0.703, P < 0.01), and human resource issues (β = 1.0721, P < 0.01) are strong predictors of overall satisfaction level. Conclusion: Under the National Rural Health Mission, contract appointments have improved the overall availability of health-care staff at all levels of public health facilities. However, there are concerns regarding their level of motivation with various aspects related to the job, which need to be urgently addressed so as to improve the effectiveness and efficiency of health services. PMID:29302557

A comparative study on the level of satisfaction among regular and contractual health-care workers in a Northern city of India.

PubMed

Dixit, Jyoti; Goel, Sonu; Sharma, Vijaylakshmi

2017-01-01

Job satisfaction greatly determines the productivity and efficiency of human resources for health. The current study aims to assess the level of satisfaction and factors influencing the job satisfaction among regular and contractual health-care workers. A cross-sectional quantitative study was conducted from January to June 2015 among health care workers ( n = 354) at all levels of public health-care facilities of Chandigarh. The correlation between variables with overall level of satisfaction was computed for regular and contractual health-care workers. Stepwise multiple linear regression was done to elucidate the major factors influencing job satisfaction. Majority of the regular health-care staff was highly satisfied (86.9%) as compared to contractual staff (10.5%), which however was moderately satisfied (55.9%). Stepwise regression model showed that work-related matters (β = 1.370, P < 0.01), organizational facilities (β = 1.586, P < 0.01), privileges attached to the job (β = 0.530, P < 0.01), attention to the suggestions (β = 0.515, P < 0.01), chance of promotion (β = 0.703, P < 0.01), and human resource issues (β = 1.0721, P < 0.01) are strong predictors of overall satisfaction level. Under the National Rural Health Mission, contract appointments have improved the overall availability of health-care staff at all levels of public health facilities. However, there are concerns regarding their level of motivation with various aspects related to the job, which need to be urgently addressed so as to improve the effectiveness and efficiency of health services.

[Medical ethics, a counter-weight to the logics of the Perruche decree].

PubMed

François, Irène; Moutel, Grégoire; Bertrandon, Richard; Herve, Christian

2002-07-27

FROM A CONTRACTUAL LOGIC TO A PROBABILISTIC APPROACH: Since 1936, reflections on the relationship between the physician and the patient have progressed within the context of a contractual legal concept. Its contents have been based more on jurisprudence than on the physicians' reflections with regard to their practice. Associated with this contractual logic, some confusion exists between a lesion, a medical concept, and a handicap, which is the social consequence of one's status of health. This has been reinforced by the scientific progress made in medicine, which privileges a probabilistic approach based on scientific data, rather than the uncertainty, inscribed in the dialogue and singularity of the encounter. REGARDING THE PERRUCHE DECREE: We analyzed the reports submitted to the court of cessation regarding the Perruche affair, together with the first chapter of the law concerning the rights of the patients and the quality of health system, by studying the extent to which this decision was inscribed or not in the continuity of past legal decisions, and whether the characteristics described above were present. In this decree, the predominating contractual logic is that the notion of handicap is not analyzed, and the scientific and probabilistic conception of medical practice is involved in the debate. THE NECESSITY FOR REFLECTION: Our discussion insists on the necessity of constructing a reflection on the medical presentation; society cannot accept that this be reduced to the strict respect of the elements of the contract, defined by legal decisions. It should be carefully thought out by health professionals, and in collaboration with human science.

75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-02

... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

Applying e-procurement system in the healthcare: the EPOS paradigm

NASA Astrophysics Data System (ADS)

Ketikidis, Panayiotis H.; Kontogeorgis, Apostolos; Stalidis, George; Kaggelides, Kostis

2010-03-01

One of the goals of procurement is to establish a competitive price, while e-procurement utilises electronic commerce to identify potential sources of supply, to purchase goods and services, to exchange contractual information and to interact with suppliers. Extensive academic work has been extensively devoted to e-procurement in diverse industries. However, applying e-procurement in the healthcare sector remains unexplored. It lacks an efficient e-procurement mechanism that will enable hospitals and healthcare suppliers to electronically exchange contractual information, aided by the technologies of optimisation and business rules. The development and deployment of e-procurement requires a major effort in the coordination of complex interorganisational business process. This article presents an e-procurement optimised system (EPOS) for the healthcare marketplace, a complete methodological approach for deploying and operating such system, as piloted in public and private hospitals in three European countries (Greece, Spain and Belgium) and suppliers of healthcare items in the fourth country (Italy). The efficient e-procurement mechanism that EPOS suggests enables hospitals and pharmaceutical and medical equipment suppliers to electronically exchange contractual information.

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

PubMed

Evans, Barbara J

2013-12-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

PubMed Central

Evans, Barbara J.

2014-01-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

26 CFR 1.704-2 - Allocations attributable to nonrecourse liabilities.

Code of Federal Regulations, 2012 CFR

2012-04-01

... disparity. (4) Special rule for year of revaluation. (e) Requirements to be satisfied. (f) Minimum gain... encumbers, a disposition of that property will generate gain that at least equals that excess (“partnership.... (3) Definition of nonrecourse liability. Nonrecourse liability means a nonrecourse liability as...

14 CFR 291.22 - Aircraft accident liability insurance requirement.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 4 2011-01-01 2011-01-01 false Aircraft accident liability insurance... for All-Cargo Air Transportation § 291.22 Aircraft accident liability insurance requirement. No air... and maintains in effect aircraft accident liability coverage that meets the requirements of part 205...

46 CFR 5.69 - Evidence of criminal liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

14 CFR 1260.61 - Allocation of risk/liability.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Allocation of risk/liability. 1260.61 Section 1260.61 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GRANTS AND COOPERATIVE AGREEMENTS General Special Conditions § 1260.61 Allocation of risk/liability. Allocation of Risk/Liability...

12 CFR 965.2 - Authorized liabilities.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... to any liability arising under the mutuality of the Mutual Mortgage Insurance Fund. ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Right and liability under Mutual...

24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

Code of Federal Regulations, 2011 CFR

2011-04-01

... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... to any liability arising under the mutuality of the Mutual Mortgage Insurance Fund. ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false Right and liability under Mutual...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2011 CFR

2011-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2010 CFR

2010-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit...

14 CFR 1274.916 - Liability and risk of loss.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Liability and risk of loss. 1274.916... AGREEMENTS WITH COMMERCIAL FIRMS Other Provisions and Special Conditions § 1274.916 Liability and risk of..., or indemnification of, developers of experimental aerospace vehicles. Liability and Risk of Loss July...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 12 Banks and Banking 3 2014-01-01 2014-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Disclosure of Funds Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 12 Banks and Banking 3 2011-01-01 2011-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 12 Banks and Banking 3 2012-01-01 2012-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 12 Banks and Banking 3 2013-01-01 2013-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Disclosure of Funds Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to...

[Organisational responsibility versus individual responsibility: safety culture? About the relationship between patient safety and medical malpractice law].

PubMed

Hart, Dieter

2009-01-01

The contribution is concerned with the correlations between risk information, patient safety, responsibility and liability, in particular in terms of liability law. These correlations have an impact on safety culture in healthcare, which can be evaluated positively if--in addition to good quality of medical care--as many sources of error as possible can be identified, analysed, and minimised or eliminated by corresponding measures (safety or risk management). Liability influences the conduct of individuals and enterprises; safety is (probably) also a function of liability; this should also apply to safety culture. The standard of safety culture does not only depend on individual liability for damages, but first of all on strict enterprise liability (system responsibility) and its preventive effects. Patient safety through quality and risk management is therefore also an organisational programme of considerable relevance in terms of liability law.

Cost vs. Risk: Determining the Correct Liability Insurance Limit.

ERIC Educational Resources Information Center

Klinksiek, Glenn

1996-01-01

Presents a model for evaluating liability insurance limits and selecting the correct limit for an individual institution. Argues that many colleges and universities may be making overly conservative decisions that lead to the purchase of too much liability insurance. Also discusses the financial consequences of an uninsured large liability loss.…

26 CFR 50.5 - Liability for the tax.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 26 Internal Revenue 17 2011-04-01 2011-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

26 CFR 301.7122-1 - Compromises.

Code of Federal Regulations, 2014 CFR

2014-04-01

... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

26 CFR 301.7122-1 - Compromises.

Code of Federal Regulations, 2011 CFR

2011-04-01

... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

25 CFR 141.57 - Procedures to cancel liability on bond.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Procedures to cancel liability on bond. 141.57 Section 141.57 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES BUSINESS... Procedures to cancel liability on bond. (a) Any surety who wishes to be relieved from liability arising on a...

Governing Board and Administrator Liability. ERIC/Higher Education Research Report No. 9.

ERIC Educational Resources Information Center

Hendrickson, Robert M.; Mangum, Ronald Scott

Matters of legal liability that are of concern to institutions of higher education are discussed in some detail in language for the layman. Among the subjects discussed are: the development of charitable corporations, and immunity prerogatives; the traditional bases of legal liability; liability for the new torts, including violation of…

76 FR 80410 - Pendency of Request for Approval of Special Withdrawal Liability Rules; the Cultural Institutions...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-23

... Liability Rules; the Cultural Institutions Pension Plan AGENCY: Pension Benefit Guaranty Corporation. ACTION... approval of a plan amendment providing for special withdrawal liability rules. Under Sec. 4203(f) of the... Liability Rules, a multiemployer pension plan may, with PBGC approval, be amended to provide for special...

37 CFR 10.78 - Limiting liability to client.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

26 CFR 1.404(g)-1 - Deduction of employer liability payments.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 26 Internal Revenue 5 2012-04-01 2011-04-01 true Deduction of employer liability payments. 1.404(g)-1 Section 1.404(g)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY.... § 1.404(g)-1 Deduction of employer liability payments. (a) General rule. Employer liability payments...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2012 CFR

2012-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2014 CFR

2014-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2011 CFR

2011-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2013 CFR

2013-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2010 CFR

2010-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2014 CFR

2014-04-01

... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is.... (e) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of...

26 CFR 50.5 - Liability for the tax.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

Teacher Liability in School-Shop Accidents.

ERIC Educational Resources Information Center

Kegin, Denis J.

The intent of the book is to stimulate interest in the problem of shop-teacher liability and to identify certain needs which have not been adequately met by existing laws and statutes. Chapter 1, The Significance of Teacher Liability, discusses basic legal considerations, the environment of the school shop, and the possibility of liability.…

40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Size classes and associated liability... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR... privity and knowledge of the owner or operator, the following limits of liability are established for...

14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2011 CFR

2011-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2012 CFR

2012-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2013 CFR

2013-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2013 CFR

2013-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2012 CFR

2012-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2014 CFR

2014-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

Liability concerns and shared use of school recreational facilities in underserved communities.

PubMed

Spengler, John O; Connaughton, Daniel P; Maddock, Jason E

2011-10-01

In underserved communities, schools can provide the physical structure and facilities for informal and formal recreation as well as after-school, weekend, and summer programming. The importance of community access to schools is acknowledged by authoritative groups; however, fear of liability is believed to be a key barrier to community access. The purpose of this study was to investigate perceptions of liability risk and associated issues among school administrators in underserved communities. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009 and analyzed in 2010. Liability perceptions in the context of community access were assessed through descriptive statistics. The majority of respondents (82.2%) indicated concern for liability should someone be injured on school property after hours while participating in a recreational activity. Among those that did not allow community access, 91% were somewhat to very concerned about liability and 86% believed that stronger legislation was needed to better protect schools from liability for after-hours recreational use. Among those who claimed familiarity with a state law that offered them limited liability protection, nearly three fourths were nevertheless concerned about liability. Liability concerns are prevalent among this group of school administrators, particularly if they had been involved in prior litigation, and even if they indicated they were aware of laws that provide liability protection where use occurs after hours. Reducing these concerns will be important if schools are to become locations for recreational programs that promote physical activity outside of regular school hours. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

31 CFR 50.90 - Cap on annual liability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Cap on annual liability. 50.90 Section 50.90 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Cap on Annual Liability § 50.90 Cap on annual liability. Pursuant to Section 103 of the Act, if...

29 CFR 4062.7 - Calculating interest on liability and refunds of overpayments.

Code of Federal Regulations, 2010 CFR

2010-07-01

... termination date, on any unpaid portion of the liability. Such interest accrues at the rate set forth in... amount of liability under this part, the PBGC shall refund the excess amount, with interest at the rate... compounded daily. (c) Interest rate. The interest rate on liability under this part and refunds thereof is...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2012 CFR

2012-04-01

... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2013 CFR

2013-04-01

... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2011 CFR

2011-04-01

... the amount for which new target is deemed to have purchased all of its assets in the deemed purchase... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

Code of Federal Regulations, 2011 CFR

2011-01-01

... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... FDIC will use to determine deposit and other liability account balances for insurance coverage and...

12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

Code of Federal Regulations, 2010 CFR

2010-01-01

... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... FDIC will use to determine deposit and other liability account balances for insurance coverage and...

75 FR 48994 - Records Schedules; Availability and Request for Comments

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-12

..., asbestos liability, civil rights-- employment, civil rights--housing/accommodations, civil rights-- welfare..., product liability, asbestos liability, civil rights-- employment, civil rights--housing/accommodations...

12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2010-04-01 2010-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2013 CFR

2013-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2013-04-01 2013-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2011 CFR

2011-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2011-04-01 2011-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2012 CFR

2012-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2012-04-01 2012-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2014 CFR

2014-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2014-04-01 2013-04-01 true Limitation on reduction in income tax liability...

29 CFR 4219.13 - Amount of liability for de minimis amounts.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 9 2011-07-01 2011-07-01 false Amount of liability for de minimis amounts. 4219.13 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.13 Amount of liability for de minimis amounts. An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which...

29 CFR 4219.13 - Amount of liability for de minimis amounts.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Amount of liability for de minimis amounts. 4219.13 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.13 Amount of liability for de minimis amounts. An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which...

14 CFR § 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2014 CFR

2014-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. § 1266...-WAIVER OF LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space... implement a cross-waiver of liability between the parties to agreements for NASA's science or space...

Perception of legal liability by registered nurses in Korea.

PubMed

Kim, Ki-Kyong; Kim, In-Sook; Lee, Won-Hee

2007-08-01

Liability to the nursing profession is imperative if nurses are to act as an autonomous body. Assessing and communicating effectively is a vital part of nursing for patient safety. This study was designed to identify the attitudes of Korean nurses toward liability in assessment and communication and to investigate the relationship among the variables (i.e., legal awareness, attitudes toward doctor's duty to supervise nurses). The attitudes toward doctor's duty reflect the status of nurses' dependency on doctor's supervision. The study participants were 288 registered nurses in RN-BSN courses at two colleges in Korea. The level of legal awareness was measured using a 25-item Legal Awareness Questionnaire developed by the authors. The measuring instrument for attitudes toward doctor's duty to supervise nurses and nurses' liability was the Attitude toward Duty and Liability Questionnaire, which was modified by the authors. There were significant correlation between attitude toward doctor's duty and nurses' liability, but not between legal awareness and liability attitude. The results of this study suggest that the present educational content aimed at improving liability attitudes of nurses should be refocused with attitude-oriented education and should include an understanding of the increased accountability that comes with greater autonomy in nursing practice.

Malpractice Liability Risk and Use of Diagnostic Imaging Services: A Systematic Review of the Literature.

PubMed

Li, Suhui; Brantley, Erin

2015-12-01

A widespread concern among physicians is that fear of medical malpractice liability may affect their decisions for diagnostic imaging orders. The purpose of this article is to synthesize evidence regarding the defensive use of imaging services. A literature search was conducted using a number of databases. The review included peer-reviewed publications that studied the link between physician orders of imaging tests and malpractice liability pressure. We identified 13 peer-reviewed studies conducted in the United States. Five of the studies reported physician assessments of the role of defensive medicine in imaging-order decisions; five assessed the association between physicians' liability risk and imaging ordering, and three assessed the impact of liability risk on imaging ordering at the state level. Although the belief that medical liability risk could influence decisions is highly prevalent among physicians, findings are mixed regarding the impact of liability risk on imaging orders at both the state and physician level. Inconclusive evidence suggests that physician ordering of imaging tests is affected by malpractice liability risk. Further research is needed to disentangle defensive medicine from other reasons for inefficient use of imaging. Copyright © 2015 American College of Radiology. Published by Elsevier Inc. All rights reserved.

[Influence of contractual medical association on inpatient service performance].

PubMed

Wu, Zhi-jun; Jian, Wei-yan

2015-06-18

To study the influence of contractual medical association on inpatient service performance. The data came from "Database of Inpatient Record" administered by Department of Medical Insurance. Using diagnosis related groups (DRG) as the tool of risk-adjustment, the third-tier general hospitals and second-tier general hospitals in medical alliance as the intervention group, and the average level of the same grade local hospitals as the control group, the influence of medical alliance on inpatient service performance was evaluated. The difference in difference (DID) method was used for the data analysis. The assessing indicators included the number of DRG group, case mix index (CMI), the total weight, cost efficiency index and time efficiency index. After the establishment of medical association, compared with the average level of the same grade local hospitals, in the third-tier general hospitals of medical alliance, the growth rate of the total weight had declined, and cost efficiency index had increased, while in the second-tier general hospitals of medical alliance, the CMI value had declined, and the cost efficiency index had increased. Contractual medical association played a role of triage patients, and improved the service levels and management efficiency of the second-tier general hospitals.

Recruitment of physicians to rural America: a view through the lens of Transaction Cost Theory.

PubMed

Fannin, J Matthew; Barnes, James N

2007-01-01

Many rural hospitals in the United States continue to have difficulties recruiting physicians. While several studies have examined some of the factors affecting the nature of this problem, we know far less about the role of economic incentives between rural providers and physicians. This conceptual article describes an economic theory of organization called Transaction Cost Theory (TCT) and applies it to rural hospital-physician relationships to highlight how transaction costs affect the type of contractual arrangement used by rural hospitals when recruiting physicians. The literature is reviewed to introduce TCT, describe current trends in hospital contracting with physicians, and develop a TCT contracting model for analysis of rural hospital-physician recruitment. The TCT model predicts that hospitals tend to favor contractual arrangements in which physicians are full-time employees if investments in physical or other assets made by hospitals cannot be easily redeployed for other services in the health care system. Transaction costs related to motivation and coordination of physician services are the key factors in understanding the unique contractual difficulties faced by rural providers. The TCT model can be used by rural hospital administrators to assess economic incentives for physician recruitment.

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2011 CFR

2011-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2013 CFR

2013-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2010 CFR

2010-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2014 CFR

2014-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2012 CFR

2012-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

National Costs Of The Medical Liability System

PubMed Central

Mello, Michelle M.; Chandra, Amitabh; Gawande, Atul A.; Studdert, David M.

2011-01-01

Concerns about reducing the rate of growth of health expenditures have reignited interest in medical liability reforms and their potential to save money by reducing the practice of defensive medicine. It is not easy to estimate the costs of the medical liability system, however. This article identifies the various components of liability system costs, generates national estimates for each component, and discusses the level of evidence available to support the estimates. Overall annual medical liability system costs, including defensive medicine, are estimated to be $55.6 billion in 2008 dollars, or 2.4 percent of total health care spending. PMID:20820010

75 FR 76946 - Demurrage Liability

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-10

... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

What Is Your Aquatics Liability IQ?

ERIC Educational Resources Information Center

Johnson, Ralph L.

1984-01-01

The author presents three court case studies and questions related to the cases, so that aquatic facility owners can test their liability perception. Recommendations are made in seven areas as defenses against aquatic liability. (JMK)

Policy statement—Professional liability insurance and medicolegal education for pediatric residents and fellows.

PubMed

Gonzalez, Jose Luis

2011-09-01

The American Academy of Pediatrics believes that pediatric residents and fellows should be fully informed of the scope and limitations of their professional liability insurance coverage while in training. The academy states that residents and fellows should be educated by their training institutions on matters relating to medical liability and the importance of maintaining adequate and continuous professional liability insurance coverage throughout their careers in medicine.

Principles of laboratory assessment of drug abuse liability and implications for clinical development

PubMed Central

Carter, Lawrence P.; Griffiths, Roland R.

2009-01-01

Abuse liability testing plays an important role in informing drug development, regulatory processes, and clinical practice. This paper describes the current “gold standard” methodologies that are used for laboratory assessments of abuse liability in non-human and human subjects. Particular emphasis is given to procedures such as non-human drug discrimination, self-administration, and physical dependence testing, and human dose effect abuse liability studies that are commonly used in regulatory submissions to governmental agencies. The potential benefits and risks associated with the inclusion of measures of abuse liability in industry-sponsored clinical trials is discussed. Lastly, it is noted that many factors contribute to patterns of drug abuse and dependence outside of the laboratory setting and positive or negative signals in abuse liability studies do not always translate to high or low levels of actual abuse or dependence. Well-designed patient and physician education, pharmacovigilance, and postmarketing surveillance can reduce the diversion and misuse of drugs with abuse liability and can effectively foster the protection and promotion of public health. PMID:19443137

Liability for Off-Campus Injuries.

ERIC Educational Resources Information Center

Zirkel, Perry A.; Gluckman, Ivan B.

1984-01-01

Liability in cases involving students injured off school property generally hinges on whether districts fail to exercise due care in supervising students while on school premises. Typical activities that may occasion liability for negligence and possible defenses are listed. (MJL)

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

Liability and Insurance for Suborbital Flights

NASA Astrophysics Data System (ADS)

Masson-Zwaan, T.

2012-01-01

This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

Intentional parenthood: responsibilities in surrogate motherhood.

PubMed

Van Zyl, Liezl

2002-01-01

In recent years, a number of writers dealing with questions over parenthood that arise in the context of reproductive technologies and surrogate motherhood, have appealed to the notion of "intentional parenthood". Basing their argument on liberal values such as individual autonomy, the freedom to enter contracts, the right to privacy, and individual self-fulfilment, they argue that contractually stated intentions, rather than genetic or gestational relationships, should form the basis of parental rights. Against this I argue that parental rights do not derive from contractual agreements, but are based in their obligations towards the child. I then examine the nature of the obligations that the various parties have towards the child both pre- and postnatally.

Optimisation of Healthcare Contracts: Tensions Between Standardisation and Innovation

PubMed Central

Mikkers, Misja; Ryan, Padhraig

2016-01-01

An important determinant of health system performance is contracting. Providers often respond to financial incentives, despite the ethical underpinnings of medicine, and payers can craft contracts to influence performance. Yet contracting is highly imperfect in both single-payer and multi-payer health systems. Arguably, in a competitive, multi-payer environment, contractual innovation may occur more rapidly than in a single-payer system. This innovation in contract design could enhance performance. However, contractual innovation often fails to improve performance as payer incentives are misaligned with public policy objectives. Numerous countries seek to improve healthcare contracts, but thus far no health system has demonstrably crafted the necessary blend of incentives to stimulate optimal contracting. PMID:26927400

Risky Business - Questions To Ask Your Liability Insurance Agent and Attorney.

ERIC Educational Resources Information Center

Strickland, James

2000-01-01

Discusses the unique vulnerabilities of the child care industry related to liability insurance. Presents questions for beginning liability- and coverage-related dialogue between the caregiver or center director and the attorney and insurance agent. (KB)

Toward enhancing estimates of Kentucky's heavy truck tax liabilities.

DOT National Transportation Integrated Search

2002-08-01

The focus of this report is the effectiveness and reliability of the current models employed to calculate the weight-distance tax and fuel surtax liabilities. This report examines the current methodology utilized to estimate potential tax liabilities...

Cyber crimes.

PubMed

Nuzback, Kara

2014-07-01

Since it began offering cyber liability coverage in December 2011, the Texas Medical Liability Trust has received more than 150 cyber liability claims, most of which involved breaches of electronic protected health information. TMLT's cyber liability insurance will protect practices financially should a breach occur. The insurance covers a breach notification to customers and business partners, expenses for legal counsel, information security and forensic data services, public relations support, call center and website support, credit monitoring, and identity theft restoration services.

The Legal Doctrine on 'Limitation of Liability' in the Precedent Analysis on Plastic Surgery Medical Malpractice Lawsuits.

PubMed

Park, Bo Young; Pak, Ji-Hyun; Hong, Seung-Eun; Kang, So Ra

2015-12-01

This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence or malpractice, while 20 cases acknowledged the limitation of liability principle. In the determination of damage compensation amount, the court considered the cause of the victim side, which contributed in the occurrence of the damage. The court also believed that it is against the idea of fairness to have the assailant pay the whole compensation, even there is no victim-side cause such as previous illness or physical constitution of the patient, and applies the legal doctrine on limitation of liability, which is an independent damage compensation adjustment system. Most of the rulings also limited the ratio of responsibility to certain extent. When considering that the legal doctrine on limitation of liability which supports concrete validity for the fair sharing of damage, the tangible classification of causes of limitation of liability suggested in this study would be a useful tool in forecasting the ruling of a plastic surgery medical malpractice lawsuit.

The Legal Doctrine on 'Limitation of Liability' in the Precedent Analysis on Plastic Surgery Medical Malpractice Lawsuits

PubMed Central

Kang, So Ra

2015-01-01

This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence or malpractice, while 20 cases acknowledged the limitation of liability principle. In the determination of damage compensation amount, the court considered the cause of the victim side, which contributed in the occurrence of the damage. The court also believed that it is against the idea of fairness to have the assailant pay the whole compensation, even there is no victim-side cause such as previous illness or physical constitution of the patient, and applies the legal doctrine on limitation of liability, which is an independent damage compensation adjustment system. Most of the rulings also limited the ratio of responsibility to certain extent. When considering that the legal doctrine on limitation of liability which supports concrete validity for the fair sharing of damage, the tangible classification of causes of limitation of liability suggested in this study would be a useful tool in forecasting the ruling of a plastic surgery medical malpractice lawsuit. PMID:26713045

29 CFR 2590.732 - Special rules relating to group health plans.

Code of Federal Regulations, 2012 CFR

2012-07-01

... for accident (including accidental death and dismemberment); (ii) Disability income coverage; (iii) Liability insurance, including general liability insurance and automobile liability insurance; (iv) Coverage...) Automobile medical payment insurance; (vii) Credit-only insurance (for example, mortgage insurance); and...

29 CFR 2590.732 - Special rules relating to group health plans.

Code of Federal Regulations, 2011 CFR

2011-07-01

... for accident (including accidental death and dismemberment); (ii) Disability income coverage; (iii) Liability insurance, including general liability insurance and automobile liability insurance; (iv) Coverage...) Automobile medical payment insurance; (vii) Credit-only insurance (for example, mortgage insurance); and...

29 CFR 2590.732 - Special rules relating to group health plans.

Code of Federal Regulations, 2013 CFR

2013-07-01

... for accident (including accidental death and dismemberment); (ii) Disability income coverage; (iii) Liability insurance, including general liability insurance and automobile liability insurance; (iv) Coverage...) Automobile medical payment insurance; (vii) Credit-only insurance (for example, mortgage insurance); and...

College and University Liability under Superfund.

ERIC Educational Resources Information Center

Manderfeld, Donald J.

1988-01-01

A discussion of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 concerning responsibility for toxic waste disposal looks at college and university liability under the act, institutional defenses that could be raised under the act, and the settlement process. (MSE)

Job satisfaction of dental practitioners before and after a change in incentives and governance: a longitudinal study.

PubMed

Harris, R; Burnside, G; Ashcroft, A; Grieveson, B

2009-07-25

to measure changes in dental practitioners' job satisfaction following a contractual change, and compare differences between those transferring from a fee-per-item system (general dental service, GDS) and those previously working under a block contract with the primary care trust (personal dental service, PDS). Analysis of postal questionnaires conducted in 2006 and 2007. Four hundred and forty dental practitioners responding to the 2006 baseline questionnaire. Although perceived workload was unchanged, global job satisfaction had decreased for 24.7% (31) of GDS dentists and 49.0% (95) of PDS dentists comparing their scores given before and after the contractual change. PDS dentists showed a significant change in attitudes towards feeling restricted in providing quality care (change in factor mean [SD] = -2.88 [0.82]; p < 0.001). They also showed less positive attitudes towards 'respect' (change in factor mean [SD] = -3.70 [0.48]; p < 0.001). The 2006 contractual change appears to have had a negative impact on dentists' job satisfaction and has not addressed concerns which have led dentists to move into the private sector. The study indicates that the fall in job satisfaction is more a result of a perceived erosion of professional autonomy than a reaction to the change in the system of remuneration.

Patient's autonomy of will in Polish law.

PubMed

Swiderska, Małgorzata

2012-09-01

A principle of Polish legislation is that the evidence of legality for any medical intervention is the patient's consent. The issue is directly referred to by both the Patient's Rights Act from 2008 and the Medical Profession Act from 1996. The patient's consent may be given after obtaining reliable, accessible and thorough information about all stages of medical intervention: diagnosis, therapy prospects or rehabilitation. The extent of information about the potential risk of medical treatment should include the typically foreseeable results, which usually brings the matter down to typical risk. However, there are interventions, which bear greater risk, and even though it can't be considered typical, it should also be mentioned, despite the fact that the postulate of tactfulness should be respected here. The burden of proof that appropriate information has been given lies upon the doctor. Thus default consent, especially one given on being admitted to hospital, to all medical actions isn't valid in legal terms. The role of forms including standard information for giving consent is limited. Polish law doesn't regulate this issue, and other forms of indirect communication are used as auxiliary and cannot replace direct contact between a patient and a doctor. According to the Patient's Rights Act, in case of deliberate breach of those rights, the court can grant the aggrieved party with an appropriate sum as financial compensation for the harm sustained or an appropriate sum of money for the charity chosen by the aggrieved party. It is a legal basis for claiming compensation for non-material harm in case of a breach of the patient's right to give consent. It is possible both in case of liability in tort, as well as contractual claims.

Malpractice liability, technology choice and negative defensive medicine.

PubMed

Feess, Eberhard

2012-04-01

We extend the theoretical literature on the impact of malpractice liability by allowing for two treatment technologies, a safe and a risky one. The safe technology bears no failure risk, but leads to patient-specific disutility since it cannot completely solve the health problems. By contrast, the risky technology (for instance a surgery) may entirely cure patients, but fail with some probability depending on the hospital's care level. Tight malpractice liability increases care levels if the risky technology is chosen at all, but also leads to excessively high incentives for avoiding the liability exposure by adopting the safe technology. We refer to this distortion toward the safe technology as negative defensive medicine. Taking the problem of negative defensive medicine seriously, the second best optimal liability needs to balance between the over-incentive for the safe technology in case of tough liability and the incentive to adopt little care for the risky technology in case of weak liability. In a model with errors in court, we find that gross negligence where hospitals are held liable only for very low care levels outperforms standard negligence, even though standard negligence would implement the first best efficient care level.

45 CFR 146.145 - Special rules relating to group health plans.

Code of Federal Regulations, 2011 CFR

2011-10-01

... circumstances. The following benefits are excepted in all circumstances— (i) Coverage only for accident..., including general liability insurance and automobile liability insurance; (iv) Coverage issued as a supplement to liability insurance; (v) Workers' compensation or similar coverage; (vi) Automobile medical...

45 CFR 146.145 - Special rules relating to group health plans.

Code of Federal Regulations, 2012 CFR

2012-10-01

... circumstances. The following benefits are excepted in all circumstances— (i) Coverage only for accident..., including general liability insurance and automobile liability insurance; (iv) Coverage issued as a supplement to liability insurance; (v) Workers' compensation or similar coverage; (vi) Automobile medical...

45 CFR 146.145 - Special rules relating to group health plans.

Code of Federal Regulations, 2013 CFR

2013-10-01

... circumstances. The following benefits are excepted in all circumstances— (i) Coverage only for accident..., including general liability insurance and automobile liability insurance; (iv) Coverage issued as a supplement to liability insurance; (v) Workers' compensation or similar coverage; (vi) Automobile medical...

Defining a Road Safety Audits Program for Enhancing Safety and Reducing Tort Liability

DOT National Transportation Integrated Search

2000-07-01

Table of Contents: (1) Introduction; (2) Review of Safety Issues; (3) Review of Legal Liability Issues; (4) Summary of Safety and Legal Liability Issues. Prepared in cooperation with Wyoming Univ., Laramie. Dept. of Civil and Architectural Engineerin...

Liability for Student Workers.

ERIC Educational Resources Information Center

Tryon, Jonathan S.

1994-01-01

Examines liability issues for academic libraries=FE student workers. Discussion includes staff training; hiring practices; supervision; negligence; emergency procedures; the use of reasonable care; and knowledge of library rules. Specific nonlibrary liability cases are cited as examples of the importance of employee screening, training, and danger…

49 CFR 375.201 - What is my normal liability for loss and damage when I accept goods from an individual shipper?

Code of Federal Regulations, 2010 CFR

2010-10-01

...; CONSUMER PROTECTION REGULATIONS Before Offering Services to My Customers Liability Considerations § 375.201... Protection Obligation—In general, your liability is for the household goods that are lost, damaged, destroyed...

48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund...

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 5 2012-10-01 2012-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...

48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund...

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 5 2014-10-01 2014-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...

48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund...

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...

48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund...

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 5 2013-10-01 2013-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...

Negligent Liability of College Counselors

ERIC Educational Resources Information Center

Sampson, James P., Jr.

1977-01-01

Discusses college counselors' liability for negligence in the performance of their duties, citing the only two court decisions involving college counselor negligence. Summarizes the circumstances in which college counselors may or may not be held negligent, and identifies present and future trends in counselor liability. (JG)

Data Supporting the Environmental Liability Reported on the FY 2000 Financial Statements

DTIC Science & Technology

2001-08-10

consolidated financial statements . This audit supports our audit of the FY 2000 DoD Agency-Wide Financial Statements, specifically the line item for environmental liabilities. The Army, the Navy, and the General Accounting Office also issued audit reports related to the reliability, completeness, and supportability of environmental liabilities for FY 2000. Environmental liabilities included estimated amounts for future cleanup of contamination resulting from waste disposal methods, leaks, spills, and other past activity which have created a public health or

Contracts, covenants and advance care planning: an empirical study of the moral obligations of patient and proxy.

PubMed

Fins, Joseph J; Maltby, Barbara S; Friedmann, Erika; Greene, Michele G; Norris, Kaye; Adelman, Ronald; Byock, Ira

2005-01-01

Previously we had speculated that the patient-proxy relationship existed on a contractual to covenantal continuum. In order to assess this hypothesis, and to better understand the moral obligations of the patient-proxy relationship, we surveyed 50 patient-proxy pairs as well as 52 individuals who had acted as proxies for someone who had died. Using structured vignettes representative of three distinct disease trajectories (cancer, acute stroke, and congestive heart failure), we assessed whether respondents believed that proxies should follow explicit instructions regarding life-sustaining therapy and act contractually or whether more discretionary or covenantal judgments were ethically permissible. Additional variables included the valence of initial patient instructions--for example, "to do nothing" or "to do everything"--as well as the quality of information available to the proxy. Responses were graded on a contractual to covenantal continuum using a modified Likert scale employing a prospectively scored survey instrument. Our data indicate that the patient-proxy relationship exists on a contractual to covenantal continuum and that variables such as disease trajectory, the clarity of prognosis, instructional valence, and the quality of patient instructions result in statistically significant differences in response. The use of interpretative or covenantal judgment was desired by patients and proxies when the prognosis was grim, even if initial instructions were to pursue more aggressive care. Nonetheless, there was a valence effect: patients and proxies intended that negative instructions to be left alone be heeded. These data suggest that the delegation of patient self-determination is morally complex. Advance care planning should take into account both the exercise of autonomy and the interpretative burdens assumed by the proxy. Patients and proxies think inductively and contextually. Neither group viewed deviation from patient instructions as a violation of the principal's autonomy. Instead of adhering to narrow notions of patient self-determination, respondents made nuanced and contextually informed moral judgments. These findings have implications for patient education as well as the legal norms that guide advance care planning.

Pricing structures in US coal supply contracts

NASA Astrophysics Data System (ADS)

Kacker, Kanishka

The subject of my dissertation is the study of coal procurement by electric utilities in the US over 2 decades, from 1979 to 2000. Energy markets are typically characterized by severe contracting problems. Buyers and sellers therefore employ various instruments, such as contract length or complex pricing arrangements, to restrict these problems. Relationship specific investment, wherein buyers make investments specific to their suppliers, has been advanced as a prominent explanation for contractual length. Investment decisions are however endogenous in length or pricing, making causal identification of the role of investment specificity difficult. In my first chapter, I attempt a resolution. I use the 1990 Clean Air Act Amendment as an exogenous shifter of the extent of relationship specific investment. A key feature of the Amendment's design helps me define a difference-in-difference model arguably free of the endogeneity issues discussed above. I find that the plants forced into switching - Phase I plants located in the US Midwest - are more likely to choose fixed price contracts than those that were not. Further they also write contracts of shorter terms, with the reduction being approximately 30%. Considerably little is known about the performance implications of contractual choices. These form the basis for Chapter 2. Here I find prices to be lower, by between 5% to 20% of the total transaction price, but the probability of renegotiation higher, under fixed price contracts than under escalator or cost-plus contracts. Contract choices appear consistent with a trade-off between establishing incentives ex-ante and lowering negotiation costs ex-post, with relationship specific investments in particular making such a trade-off compelling. Chapter 3 considers the regulatory environment these utilities were subject to. Both incentive based regulation as well as the restructuring of electricity generation are smaller in comparison to relationship specific investment in terms of their effects on contractual decisions. Consequently, when evaluating the effect of these reforms, ignoring the contractual structure of fuel procurement - and therefore investment specificity - leads to large and significant biases in their impacts.

Tort liability : a handbook for employees of the Virginia Department of Transportation and Virginia municipal corporations, June 2004.

DOT National Transportation Integrated Search

2004-01-01

Court decisions concerning state government liability, as well as VDOT's continuing commitment to safety, have made tort liability an increasingly important concern. In response, the Virginia Transportation Research Council has published a tort liabi...

New entity for conducting group practice offers new potential.

PubMed

Rich, H I

1994-01-01

A new form of entity, the limited liability company (LLC), may be used by physicians to conduct group practices with the tax advantages of a partnership and insulation from liability for copractitioner's acts. The author reviews the New Jersey Limited Liability Company Act.

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

Media Defamation and the Free-Lance Writer.

ERIC Educational Resources Information Center

Stevens, George E.

1987-01-01

Discusses the responsibilities of publishers and freelance writers concerning the liability involved in defamatory statements. Reviews several court cases pertaining to publisher liability and claims that, if a writer is not under the immediate control or supervision of the publisher, the publisher may avoid liability. (MM)

48 CFR 228.311 - Solicitation provision and contract clause on liability insurance under cost-reimbursement...

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 228.311 Section 228.311 Federal... liability insurance under cost-reimbursement contracts. ...

Federal government provision of third-party liability insurance to space vehicle users

NASA Technical Reports Server (NTRS)

1985-01-01

Support decisions concerning the provision by the Federal Government of third-party liability insurance for commercial space activities were studied. The practices associated with third-party liability insurance in the marine, aviation, and electric utility industries in addition to those industries associated with space missions were reviewed. Theoretical considerations of rate setting are discussed and a methodology to determine the period of time over which the insurers of each industry intend to set aside reserves to recover from a maximum liability loss should one occur is introduced. The data were analyzed to determine the setaside period in each industry, and to suggest reasonable standards from the insurer's point of view. Criteria for Federal provision of insurance are discussed, an interpretation of the Price-Anderson Act, determinants of the availability of commercial insurance, potential insurer liability, and measures of reasonableness for premium rates from the user's point of view are presented. Options available to the government regarding third part liability protection are presented.

The impact of tort reform and quality improvements on medical liability claims: a tale of 2 States.

PubMed

Illingworth, Kenneth D; Shaha, Steven H; Tzeng, Tony H; Sinha, Michael S; Saleh, Khaled J

2015-05-01

The purpose of this study was to determine the effect of tort reform and quality improvement measures on medical liability claims in 2 groups of hospitals within the same multihospital organization: one in Texas, which implemented medical liability tort reform caps on noneconomic damages in 2003, and one in Louisiana, which did not undergo significant tort reform during the same time period. Significant reduction in medical liability claims per quarter in Texas was found after tort reform implementation (7.27 to 1.4; P<.05). A significant correlation was found between the increase in mean Centers for Medicare & Medicaid Services performance score and the decrease in the frequency of claims observed in Louisiana (P<.05). Although tort reform caps on noneconomic damages in Texas caused the largest initial decrease, increasing quality improvement measures without increasing financial burden also decreased liability claims in Louisiana. Uniquely, this study showed that increasing patient quality resulted in decreased medical liability claims. © 2014 by the American College of Medical Quality.

Development of liability syndromes for schizophrenia: where did they come from and where are they going?

PubMed

Stone, William S; Giuliano, Anthony J

2013-10-01

Three decades after Paul Meehl proposed the term "schizotaxia" to describe a conceptual framework for understanding the liability to schizophrenia, Ming Tsuang et al. at Harvard University reformulated the concept as a clinical syndrome with provisional research criteria. The reformulated view relied heavily on more recent data showing that many non-psychotic, un-medicated biological relatives of individuals with schizophrenia showed difficulties in cognitive and other clinical functions that resembled those seen in their ill relatives. The reformulation raised questions about both whether and when liability could be assessed validly in the absence of psychosis, and about the extent to which symptoms of liability are reversible. Both questions bear on the larger issue of early intervention in schizophrenia. This article reviews the efforts of Tsuang et al. to conceptualize and validate schizotaxia as one such syndrome of liability. Towards this end, liability is considered first more generally as an outcome of interactive genetic and environmental factors. Liability is then considered in the context of endophenotypes as a concept that is both broader and is potentially more specific (and predictive) than many DSM or ICD diagnostic symptoms. Liability syndromes are then considered in the context of their proximity to illness, first by reviewing prodromal syndromes (which are more proximal), and then by considering schizotaxia, which, as it is currently formulated, is pre-prodromal and, therefore, less proximal. Finally, challenges to validation and future directions for research are considered. © 2013 Wiley Periodicals, Inc.

Liability Insurance: A Primer for College and University Counsel.

ERIC Educational Resources Information Center

Ende, Howard; Anderson, Eugene R.; Crego, Susannah

1997-01-01

Because of the rise in litigation involving colleges and universities, basic information about liability insurance is provided. Administrators are warned that previously purchased liability insurance may not cover damages and losses incurred today, and that insurance companies often benefit from extended litigation. College counsel must understand…

20 CFR 416.2140 - Liability for erroneous Medicaid eligibility determinations.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Liability for erroneous Medicaid eligibility... SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Medicaid Eligibility Determinations § 416.2140 Liability for erroneous Medicaid eligibility determinations. If the State suffers any financial loss, directly...

14 CFR 1274.916 - Liability and risk of loss.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Liability and risk of loss. 1274.916 Section 1274.916 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION COOPERATIVE AGREEMENTS..., or indemnification of, developers of experimental aerospace vehicles. Liability and Risk of Loss July...

14 CFR Sec. 2-5 - Revenue and accounting practices.

Code of Federal Regulations, 2011 CFR

2011-01-01

... date of all subaccounts supporting the Air Traffic Liability control account; the subsidiary trial balance must agree with the Air Traffic Liability control account or a reconciliation statement furnished... ledger. If the sales listing is not in agreement with the Air Traffic Liability control account, the...

47 CFR 32.3999 - Instructions for balance sheet accounts-liabilities and stockholders' equity.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 47 Telecommunication 2 2010-10-01 2010-10-01 false Instructions for balance sheet accounts-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... Instructions for Balance Sheet Accounts § 32.3999 Instructions for balance sheet accounts—liabilities and...

47 CFR 32.3999 - Instructions for balance sheet accounts-liabilities and stockholders' equity.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 47 Telecommunication 2 2011-10-01 2011-10-01 false Instructions for balance sheet accounts-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... Instructions for Balance Sheet Accounts § 32.3999 Instructions for balance sheet accounts—liabilities and...

Warning! Slippery Road Ahead: Internet Access and District Liability.

ERIC Educational Resources Information Center

Mazur, Joan M.

1995-01-01

As schools merge onto the information highway, districts must address their liability associated with Internet access. Schools need a practical policy supporting high access to global educational resources while limiting district liability. USENET provides easy access to controversial and pornographic materials. This article outlines federal…

Personal Malpractice Liability of Reference Librarians and Information Brokers.

ERIC Educational Resources Information Center

Gray, John A.

1988-01-01

Reviews common law contract and tort bases for malpractice liability and their applicability to reference librarians, special librarians, and information brokers. The discussion covers the legal bases for professional malpractice liability, the librarian-patron relationship, the likelihood of lawsuits, and the need for personal liability…

42 CFR 438.106 - Liability for payment.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Liability for payment. 438.106 Section 438.106 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICAL ASSISTANCE PROGRAMS MANAGED CARE Enrollee Rights and Protections § 438.106 Liability for...

48 CFR 3028.311 - Solicitation provision and contract clause on liability insurance under cost-reimbursement...

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 3028.311 Section 3028.311... contract clause on liability insurance under cost-reimbursement contracts. ...

Clinical multiple sclerosis occurs at one end of a spectrum of CNS pathology: a modified threshold liability model leads to new ways of thinking about the cause of clinical multiple sclerosis.

PubMed

Haegert, David G

2005-01-01

Multiple sclerosis (MS) is a complex trait, the causes of which are elusive. A threshold liability model influences thinking about the causes of this disorder. According to this model, a population has a normal distribution of genetic liability to MS. In addition, a threshold exists, so that MS begins when an individual's liability exceeds the MS threshold; environmental and other causative factors may increase or decrease an individual's MS liability. It is argued here, however, that this model is misleading, as it is based on the incorrect assumption that MS is a disorder that one either has or does not have. This paper hypothesizes, instead, that patients with a diagnosis of MS share identical CNS pathology, termed MS pathology, with some individuals who have a diagnosis of possible MS and with some apparently healthy individuals, who may never have a diagnosis of MS. In order to accommodate this hypothesis, the current threshold liability model is modified as follows. (1) In addition to a normal distribution of MS liability within a population, a spectrum of MS pathology occurs in some who have a high MS liability. (2) A clinical MS threshold exists at a point on this liability distribution, where the burden and distribution of MS pathology permits a diagnosis of clinical MS. (3) Additional thresholds exist that correspond to a lower MS liability and a lesser burden of MS pathology than occur at the clinical MS threshold. This modified threshold model leads to the postulate that causes act at various time points to increase MS liability and induce MS pathology. The accumulation of MS pathology sometimes leads to a diagnosis of clinical MS. One implication of this model is that the MS pathology in clinical MS and in some with possible MS differs only in the extent but not in the type of CNS injury. Thus, it may be possible to obtain insight into the causative environmental factors that increase MS liability and induce MS pathology by focusing on patients who have clinical MS; some environmental factors that induce new lesions in patients with clinical MS may be identical to those that induce MS pathology in genetically susceptible individuals who do not have clinical MS. Identification of these causative factors has importance, as specific treatment may prevent the accumulation of MS pathology that leads to the significant CNS damage associated with clinical MS.

48 CFR 9.502 - Applicability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... subpart applies to contracts with either profit or nonprofit organizations, including nonprofit... engineering and technical direction work performed by a contractor that does not have overall contractual...

Research participation as a contract.

PubMed

Lawson, Craig

1995-01-01

In this article, I present a contractualist conception of human-participant research ethics, arguing that the most appropriate source of the rights and responsibilities of researcher and participant is the contractual understanding between them. This conception appears to explain many of the more fundamental ethical incidents of human-participant research. I argue that a system of contractual rights and responsibilities would allow a great deal of research that has often been felt to be ethically problematic, such as research involving deception, concealed research, and research on dependent populations. However, in defining the conditions under which such research should be permissible, my contractualist theory also makes it clear that there are limits -- and explains what those limits are -- to the propriety of such research.

Principal/agent theory and decision making in health care.

PubMed

Buchanan, Allen

1988-10-01

Principal/agent theory, an economics concept that defines an agency relationship as "a contract under which one or more persons engage another person (the agent) to perform some service on their behalf which involves delegating some decision-making authority to the agent," is held to be applicable to the patient/physician relationship, in contrast to the view that this is a fiduciary relationship, not a contractual one. The distinction between fiduciary and contractual relationships is illuminated in the process of evaluating objections to the application of the principal/agent theory to the patient/physician relationship. The ability of the principal/agent theory to reveal important features of advance directives, understood as public documents rather than as confidential instructions from patient to physician, is also examined.

A transaction costs analysis of changing contractual relations in the English NHS.

PubMed

Marini, Giorgia; Street, Andrew

2007-09-01

The English National Health Service has replaced locally negotiated block contracting arrangements with a system of national prices to pay for hospital activity. This paper applies a transaction costs approach to quantify and analyse the nature of how contracting costs have changed as a consequence. Data collection was based on semi-structured interviews with key stakeholders from hospitals and Primary Care Trusts, which purchase hospital services. Replacing block contracting with activity based funding has led to lower costs of price negotiation, but these are outweighed by higher costs associated with volume control, of data collection, contract monitoring, and contract enforcement. There was consensus that the new contractual arrangements were preferable, but the benefits will have to be demonstrated formally in future.

26 CFR 1.401-2 - Impossibility of diversion under the trust instrument.

Code of Federal Regulations, 2010 CFR

2010-04-01

... thereafter before the satisfaction of all liabilities to employees or their beneficiaries covered by the... not solely designed for the proper satisfaction of all liabilities to employees or their beneficiaries... phrase “prior to the satisfaction of all liabilities with respect to employees and their beneficiaries...

Understanding Tort Liability and Its Relationship to Extension Professionals.

ERIC Educational Resources Information Center

Long, Norman D.; And Others

This study focuses on tort liability and its relationship to extension professionals working with 4-H programs. Tort liability as related to extension professionals consists of ten components: due care, physical defects (inspection of premises), instruction and supervision, first aid and medical treatment, foreseeability, causation, defamation,…

12 CFR 205.6 - Liability of consumer for unauthorized transfers.

Code of Federal Regulations, 2011 CFR

2011-01-01

... transfers. 205.6 Section 205.6 Banks and Banking FEDERAL RESERVE SYSTEM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ELECTRONIC FUND TRANSFERS (REGULATION E) § 205.6 Liability of consumer for unauthorized transfers. (a) Conditions for liability. A consumer may be held liable, within the limitations described in...

12 CFR 205.6 - Liability of consumer for unauthorized transfers.

Code of Federal Regulations, 2012 CFR

2012-01-01

... transfers. 205.6 Section 205.6 Banks and Banking FEDERAL RESERVE SYSTEM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ELECTRONIC FUND TRANSFERS (REGULATION E) § 205.6 Liability of consumer for unauthorized transfers. (a) Conditions for liability. A consumer may be held liable, within the limitations described in...

32 CFR 536.123 - Limitation of liability for maritime claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Limitation of liability for maritime claims. 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.123 Limitation of liability for maritime claims. For admiralty claims arising within the United States under the provisions of the...

HIV liability & disability services providers: an introduction to tort principles.

PubMed

Harvey, D C; Decker, C L

1991-08-01

Mental health and developmental disability services providers are concerned that liability issues regarding worker and client exposure to HIV have not been adequately addressed. By developing policy specifically in the areas of education, infection control practices, and confidentiality, providers may minimize findings of liability and protect patient rights.

18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 18 Conservation of Power and Water Resources 1 2012-04-01 2012-04-01 false Account 244, Derivative instrument liabilities. 367.2440 Section 367.2440 Conservation of Power and Water Resources FEDERAL ENERGY..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative...

18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Account 244, Derivative instrument liabilities. 367.2440 Section 367.2440 Conservation of Power and Water Resources FEDERAL ENERGY..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative...

26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...

26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 26 Internal Revenue 14 2011-04-01 2010-04-01 true Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 6 2014-10-01 2014-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

77 FR 69677 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Changes...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-20

... executive officer of such limited liability company, or (4) a general partner in an OTP Firm partnership...). \\7\\ ``OTP Firm'' means a sole proprietorship, partnership, corporation, limited liability company, or... Firms. \\13\\ An ``ETP Holder'' is a sole proprietorship, partnership, corporation, limited liability...

26 CFR 1.465-27 - Qualified nonrecourse financing.

Code of Federal Regulations, 2010 CFR

2010-04-01

... partnership; incidental property. (i) X is a limited liability company that is classified as a partnership for.... (i) UTP1 and UTP2, both limited liability companies classified as partnerships, are the only general... as qualified nonrecourse financing. (4) Partnership liability. For purposes of section 465(b)(6) and...

20 CFR 410.563 - Liability of a certifying officer.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Liability of a certifying officer. 410.563 Section 410.563 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Payment of Benefits § 410.563 Liability of a...

17 CFR 230.414 - Registration by certain successor issuers.

Code of Federal Regulations, 2010 CFR

2010-04-01

... succession the successor issuer had no assets or liabilities other than nominal assets or liabilities; (b) The succession was effected by a merger or similar succession pursuant to statutory provisions or the... all of the liabilities and obligations of the predecessor issuer; (c) The succession was approved by...

17 CFR 230.414 - Registration by certain successor issuers.

Code of Federal Regulations, 2011 CFR

2011-04-01

... succession the successor issuer had no assets or liabilities other than nominal assets or liabilities; (b) The succession was effected by a merger or similar succession pursuant to statutory provisions or the... all of the liabilities and obligations of the predecessor issuer; (c) The succession was approved by...

17 CFR 230.414 - Registration by certain successor issuers.

Code of Federal Regulations, 2012 CFR

2012-04-01

... succession the successor issuer had no assets or liabilities other than nominal assets or liabilities; (b) The succession was effected by a merger or similar succession pursuant to statutory provisions or the... all of the liabilities and obligations of the predecessor issuer; (c) The succession was approved by...

17 CFR 230.414 - Registration by certain successor issuers.

Code of Federal Regulations, 2013 CFR

2013-04-01

... succession the successor issuer had no assets or liabilities other than nominal assets or liabilities; (b) The succession was effected by a merger or similar succession pursuant to statutory provisions or the... all of the liabilities and obligations of the predecessor issuer; (c) The succession was approved by...

17 CFR 230.414 - Registration by certain successor issuers.

Code of Federal Regulations, 2014 CFR

2014-04-01

... succession the successor issuer had no assets or liabilities other than nominal assets or liabilities; (b) The succession was effected by a merger or similar succession pursuant to statutory provisions or the... all of the liabilities and obligations of the predecessor issuer; (c) The succession was approved by...

34 CFR 686.34 - Liability for and recovery of TEACH Grant overpayments.

Code of Federal Regulations, 2011 CFR

2011-07-01

...) OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION (CONTINUED) TEACHER EDUCATION ASSISTANCE FOR COLLEGE AND HIGHER EDUCATION (TEACH) GRANT PROGRAM Administration of Grant Payments § 686.34 Liability for... 34 Education 4 2011-07-01 2011-07-01 false Liability for and recovery of TEACH Grant overpayments...

34 CFR 686.34 - Liability for and recovery of TEACH Grant overpayments.

Code of Federal Regulations, 2010 CFR

2010-07-01

...) OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION TEACHER EDUCATION ASSISTANCE FOR COLLEGE AND HIGHER EDUCATION (TEACH) GRANT PROGRAM Administration of Grant Payments § 686.34 Liability for and... 34 Education 3 2010-07-01 2010-07-01 false Liability for and recovery of TEACH Grant overpayments...

7 CFR 1767.19 - Liabilities and other credits.

Code of Federal Regulations, 2010 CFR

2010-01-01

... furnish complete information concerning each note and open account. 224Other Long-Term Debt A. This... this account shall be kept in such a manner that the utility can furnish full information as to the... Accounts § 1767.19 Liabilities and other credits. The liabilities and other credit accounts identified in...

18 CFR 367.2420 - Account 242, Miscellaneous current and accrued liabilities.

Code of Federal Regulations, 2010 CFR

2010-04-01

..., FEDERAL POWER ACT AND NATURAL GAS ACT Balance Sheet Chart of Accounts Current and Accrued Liabilities... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Account 242, Miscellaneous current and accrued liabilities. 367.2420 Section 367.2420 Conservation of Power and Water...

31 CFR 315.56 - General instructions and liability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

26 CFR 1.312-3 - Liabilities.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 26 Internal Revenue 4 2011-04-01 2011-04-01 false Liabilities. 1.312-3 Section 1.312-3 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Effects on Corporation § 1.312-3 Liabilities. The amount of any reductions in earnings and profits...

26 CFR 1.312-3 - Liabilities.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 4 2010-04-01 2010-04-01 false Liabilities. 1.312-3 Section 1.312-3 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Effects on Corporation § 1.312-3 Liabilities. The amount of any reductions in earnings and profits...

Civil Liability of Schools, Teachers and Pupils for Careless Behaviour.

ERIC Educational Resources Information Center

Wenham, David

1999-01-01

Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…

78 FR 49242 - Relief From Joint and Several Liability

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-13

... Relief From Joint and Several Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice... joint and several tax liability under section 6015 of the Internal Revenue Code (Code) and relief from... are husband and wife to file a joint Federal income tax return. Married individuals who choose to file...

7 CFR 1717.151 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

..., liabilities, franchises and powers of those passing out of existence; (2) A merger where one company is... its own identity and acquiring the assets, liabilities, franchises and powers of the former; or (3) A... entirety the assets, liabilities, franchises, and powers of the transferor. New loan means a loan to a...

7 CFR 1717.151 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-01-01

..., liabilities, franchises and powers of those passing out of existence; (2) A merger where one company is... its own identity and acquiring the assets, liabilities, franchises and powers of the former; or (3) A... entirety the assets, liabilities, franchises, and powers of the transferor. New loan means a loan to a...

7 CFR 1717.151 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

..., liabilities, franchises and powers of those passing out of existence; (2) A merger where one company is... its own identity and acquiring the assets, liabilities, franchises and powers of the former; or (3) A... entirety the assets, liabilities, franchises, and powers of the transferor. New loan means a loan to a...

7 CFR 1717.151 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

..., liabilities, franchises and powers of those passing out of existence; (2) A merger where one company is... its own identity and acquiring the assets, liabilities, franchises and powers of the former; or (3) A... entirety the assets, liabilities, franchises, and powers of the transferor. New loan means a loan to a...

7 CFR 1717.151 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

..., liabilities, franchises and powers of those passing out of existence; (2) A merger where one company is... its own identity and acquiring the assets, liabilities, franchises and powers of the former; or (3) A... entirety the assets, liabilities, franchises, and powers of the transferor. New loan means a loan to a...

Liability Insurance in California Public Schools.

ERIC Educational Resources Information Center

California State Dept. of Education, Sacramento.

In the mid-1970s, an increased number of high-cost liability lawsuits combined with other financial difficulties insurance companies were experiencing to cause drastic increases in insurance rates for schools and a reluctance on the part of insurance carriers to provide liability coverage. Questionnaires returned by county and district school…

31 CFR 321.15 - Liability for losses.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

26 CFR 1.357-2 - Liabilities in excess of basis.

Code of Federal Regulations, 2010 CFR

2010-04-01

... exchange as to which under section 357(b) (relating to assumption of liabilities for tax-avoidance purposes... 1.357-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Effects on Shareholders and Security Holders § 1.357-2 Liabilities in excess of...

76 FR 69320 - Agency Request for Reinstatement of a Previously Approved Information Collection(s): Aircraft...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-08

... Previously Approved Information Collection(s): Aircraft Accident Liability Insurance AGENCY: Office of the...: Aircraft Accident Liability Insurance. Form Numbers: OST Forms 6410 and 6411. Type of Review: Reinstatement... air carrier accident liability insurance to protect the public from losses. This insurance information...

26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 26 Internal Revenue 14 2014-04-01 2013-04-01 true Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...

26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 26 Internal Revenue 14 2013-04-01 2013-04-01 false Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...

26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 26 Internal Revenue 14 2012-04-01 2012-04-01 false Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...

Colleges' New Liabilities: An Emerging New In Loco Parentis.

ERIC Educational Resources Information Center

Gibbs, Annette; Szablewicz, James J.

1988-01-01

Describes and documents the changing legal theories about the college-student relationship currently used by the courts. Notes that the most recent legal actions focus on contract law, landowner liability, guest and host, and negligence. Looks specifically at cases involving liability for sexual attacks on students and for alcohol-related…

49 CFR 1152.29 - Prospective use of rights-of-way for interim trail use and rail banking.

Code of Federal Regulations, 2011 CFR

2011-10-01

... liability arising out of the use of the right-of-way (unless the user is immune from liability, in which... arising out of the transfer or use of (unless the user is immune from liability, in which case it need...

48 CFR 1812.301 - Solicitation provisions and contract clauses for the acquisition of commercial items. (NASA...

Code of Federal Regulations, 2012 CFR

2012-10-01

...-Waiver of Liability for Science or Space Exploration Activities unrelated to the International Space....301 Section 1812.301 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE..., Cross-Waiver of Liability for Space Shuttle Services. (L) 1852.228-76, Cross-Waiver of Liability for...

33 CFR 153.405 - Liability to the pollution fund.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

33 CFR 153.405 - Liability to the pollution fund.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

42 CFR 422.132 - Protection against liability and loss of benefits.

Code of Federal Regulations, 2010 CFR

2010-10-01

... AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM MEDICARE ADVANTAGE PROGRAM Benefits and Beneficiary Protections § 422.132 Protection against liability and loss of benefits. Enrollees of MA organizations are... 42 Public Health 3 2010-10-01 2010-10-01 false Protection against liability and loss of benefits...

Grounding the Management of Liabilities in the Risk Analysis Framework

ERIC Educational Resources Information Center

Phillips, Peter W. B.; Smyth, Stuart

2007-01-01

Discussions of socioeconomic liability and compensation must necessarily start from an understanding of the socioeconomic, legal, and scientific basis for identifying, assessing, managing, and apportioning blame for hazards related to innovations. Public discussions about the nature of the liability challenge related to genetically modified (GM)…

33 CFR 153.405 - Liability to the pollution fund.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

33 CFR 153.405 - Liability to the pollution fund.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

33 CFR 153.405 - Liability to the pollution fund.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

12 CFR 205.6 - Liability of consumer for unauthorized transfers.

Code of Federal Regulations, 2014 CFR

2014-01-01

... transfers. 205.6 Section 205.6 Banks and Banking FEDERAL RESERVE SYSTEM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ELECTRONIC FUND TRANSFERS (REGULATION E) § 205.6 Liability of consumer for unauthorized transfers. (a) Conditions for liability. A consumer may be held liable, within the limitations described in...

12 CFR 205.6 - Liability of consumer for unauthorized transfers.

Code of Federal Regulations, 2010 CFR

2010-01-01

... transfers. 205.6 Section 205.6 Banks and Banking FEDERAL RESERVE SYSTEM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ELECTRONIC FUND TRANSFERS (REGULATION E) § 205.6 Liability of consumer for unauthorized transfers. (a) Conditions for liability. A consumer may be held liable, within the limitations described in...

12 CFR 205.6 - Liability of consumer for unauthorized transfers.

Code of Federal Regulations, 2013 CFR

2013-01-01

... transfers. 205.6 Section 205.6 Banks and Banking FEDERAL RESERVE SYSTEM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ELECTRONIC FUND TRANSFERS (REGULATION E) § 205.6 Liability of consumer for unauthorized transfers. (a) Conditions for liability. A consumer may be held liable, within the limitations described in...

27 CFR 31.234 - Liability for special (occupational) tax.

Code of Federal Regulations, 2010 CFR

2010-04-01

... special (occupational) tax in accordance with the laws and regulations in effect at that time. The tax... 27 Alcohol, Tobacco Products and Firearms 1 2010-04-01 2010-04-01 false Liability for special... Liability for special (occupational) tax. The special (occupational) tax on alcohol beverage dealers was...

Overcoming Legal Liability Concerns for School-Based Physical Activity Promotion

PubMed Central

Zimmerman, Sara; Kramer, Karen

2013-01-01

Schools have been identified as a priority environment for physical activity promotion as a component of efforts to help prevent childhood obesity. A variety of school-based environmental and programmatic strategies have been proven effective in promoting physical activity both on-site and in the surrounding community. However, many schools are deterred by fears of increased risk of legal liability for personal injuries. We examine 3 school-based strategies for promoting physical activity—Safe Routes to School programs, joint use agreements, and playground enhancement—from a tort liability perspective, and describe how schools can substantially minimize any associated liability risk through injury prevention and other strategies. We also recommend approaches to help schools overcome their liability concerns and adopt these critically needed healthy school policies. PMID:24028226

Assessment of substance abuse liability in rodents: self-administration, drug discrimination, and locomotor sensitization.

PubMed

Paterson, Neil E

2012-09-01

Assessing abuse liability is a crucial step in the development of a novel chemical entity (NCE) with central nervous system (CNS) activity or with chemical or pharmacological properties in common with known abused substances. Rodent assessment of abuse liability is highly attractive due to its relatively low cost and high predictive validity. Described in this unit are three rodent assays commonly used to provide data on the potential for abuse liability based on the acute effects of NCEs: specifically, self-administration, drug discrimination, and locomotor sensitization. As these assays provide insight into the potential abuse liability of NCEs as well as in vivo pharmacological mechanism(s) of action, they should form a key part of the development process for novel therapeutics aimed at treating CNS disorders.

How can we improve our understanding of cardiovascular safety liabilities to develop safer medicines?

PubMed Central

Laverty, HG; Benson, C; Cartwright, EJ; Cross, MJ; Garland, C; Hammond, T; Holloway, C; McMahon, N; Milligan, J; Park, BK; Pirmohamed, M; Pollard, C; Radford, J; Roome, N; Sager, P; Singh, S; Suter, T; Suter, W; Trafford, A; Volders, PGA; Wallis, R; Weaver, R; York, M; Valentin, JP

2011-01-01

Given that cardiovascular safety liabilities remain a major cause of drug attrition during preclinical and clinical development, adverse drug reactions, and post-approval withdrawal of medicines, the Medical Research Council Centre for Drug Safety Science hosted a workshop to discuss current challenges in determining, understanding and addressing ‘Cardiovascular Toxicity of Medicines’. This article summarizes the key discussions from the workshop that aimed to address three major questions: (i) what are the key cardiovascular safety liabilities in drug discovery, drug development and clinical practice? (ii) how good are preclinical and clinical strategies for detecting cardiovascular liabilities? and (iii) do we have a mechanistic understanding of these liabilities? It was concluded that in order to understand, address and ultimately reduce cardiovascular safety liabilities of new therapeutic agents there is an urgent need to: Fully characterize the incidence, prevalence and impact of drug-induced cardiovascular issues at all stages of the drug development process. Ascertain the predictive value of existing non-clinical models and assays towards the clinical outcome. Understand the mechanistic basis of cardiovascular liabilities; by addressing areas where it is currently not possible to predict clinical outcome based on preclinical safety data. Provide scientists in all disciplines with additional skills to enable them to better integrate preclinical and clinical data and to better understand the biological and clinical significance of observed changes. Develop more appropriate, highly relevant and predictive tools and assays to identify and wherever feasible to eliminate cardiovascular safety liabilities from molecules and wherever appropriate to develop clinically relevant and reliable safety biomarkers. PMID:21306581

12 CFR 1008.309 - Absence of liability for good-faith administration.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 12 Banks and Banking 8 2013-01-01 2013-01-01 false Absence of liability for good-faith... for Administration of the NMLSR § 1008.309 Absence of liability for good-faith administration. The... action or proceeding for monetary damages by reason of the good-faith action or omission of any officer...

12 CFR 1008.309 - Absence of liability for good-faith administration.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 12 Banks and Banking 8 2012-01-01 2012-01-01 false Absence of liability for good-faith... for Administration of the NMLSR § 1008.309 Absence of liability for good-faith administration. The... action or proceeding for monetary damages by reason of the good-faith action or omission of any officer...

12 CFR 1008.309 - Absence of liability for good-faith administration.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 12 Banks and Banking 8 2014-01-01 2014-01-01 false Absence of liability for good-faith... for Administration of the NMLSR § 1008.309 Absence of liability for good-faith administration. The... action or proceeding for monetary damages by reason of the good-faith action or omission of any officer...

27 CFR 26.193 - Notification of tax liability.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 27 Alcohol, Tobacco Products and Firearms 1 2011-04-01 2011-04-01 false Notification of tax liability. 26.193 Section 26.193 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... Rico § 26.193 Notification of tax liability. (a) If the chemist of the Treasury of Puerto Rico finds...

43 CFR 3733.2 - Liability of United States.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 43 Public Lands: Interior 2 2011-10-01 2011-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

43 CFR 3733.2 - Liability of United States.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 43 Public Lands: Interior 2 2013-10-01 2013-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

43 CFR 3733.2 - Liability of United States.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 43 Public Lands: Interior 2 2014-10-01 2014-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

43 CFR 3733.2 - Liability of United States.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 43 Public Lands: Interior 2 2012-10-01 2012-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 6 2014-10-01 2014-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

16 CFR 802.10 - Stock dividends and splits; reorganizations.

Code of Federal Regulations, 2010 CFR

2010-01-01

... of corporation C. C is converted to a limited liability company in which A holds 60% and B holds 40% of the membership interests. No new assets are contributed. The conversion to a limited liability... holds 45% in the new limited liability company, the conversion is not exempt for B and may require...

7 CFR 4290.160 - Special rules for Partnership RBICs and LLC RBICs.

Code of Federal Regulations, 2010 CFR

2010-01-01

... general partner of a Partnership RBIC which is a corporation, limited liability company or partnership (an “Entity General Partner”), or a managing member of an LLC RBIC which is a corporation, limited liability... corporation, operating agreement if a limited liability company, or partnership agreement if a partnership. (3...

31 CFR 50.92 - Determination of pro rata share.

Code of Federal Regulations, 2010 CFR

2010-07-01

... INSURANCE PROGRAM Cap on Annual Liability § 50.92 Determination of pro rata share. (a) Pro rata loss... providing property and casualty insurance under the Program if there were no cap on annual liability under... estimates that aggregate insured losses may exceed the cap on annual liability for a Program Year, then...

22 CFR 211.9 - Liability for loss damage or improper distribution of commodities.

Code of Federal Regulations, 2012 CFR

2012-04-01

... specify how such losses occurred; (E) Obtain copies of port and/or ship records including scale weights... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Liability for loss damage or improper... § 211.9 Liability for loss damage or improper distribution of commodities. (Where the instructions in...

22 CFR 211.9 - Liability for loss damage or improper distribution of commodities.

Code of Federal Regulations, 2011 CFR

2011-04-01

... specify how such losses occurred; (E) Obtain copies of port and/or ship records including scale weights... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Liability for loss damage or improper... § 211.9 Liability for loss damage or improper distribution of commodities. (Where the instructions in...

29 CFR 4211.36 - Modifications to the determination of initial liabilities, the amortization of initial...

Code of Federal Regulations, 2010 CFR

2010-07-01

..., the amortization of initial liabilities, and the allocation fraction. 4211.36 Section 4211.36 Labor... initial liabilities, and the allocation fraction. (a) General rule. A plan using any of the allocation... participation under their prior plans. An amendment under this paragraph must include an allocation fraction...

26 CFR 1.404(g)-1 - Deduction of employer liability payments.

Code of Federal Regulations, 2013 CFR

2013-04-01

...(g)-1 Section 1.404(g)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY.... § 1.404(g)-1 Deduction of employer liability payments. (a) General rule. Employer liability payments... deductible under section 404(g) and this section only if the payment satisfies the conditions of section 162...

26 CFR 1.404(g)-1 - Deduction of employer liability payments.

Code of Federal Regulations, 2011 CFR

2011-04-01

...(g)-1 Section 1.404(g)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY.... § 1.404(g)-1 Deduction of employer liability payments. (a) General rule. Employer liability payments... deductible under section 404(g) and this section only if the payment satisfies the conditions of section 162...

26 CFR 1.404(g)-1 - Deduction of employer liability payments.

Code of Federal Regulations, 2014 CFR

2014-04-01

...(g)-1 Section 1.404(g)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY.... § 1.404(g)-1 Deduction of employer liability payments. (a) General rule. Employer liability payments... deductible under section 404(g) and this section only if the payment satisfies the conditions of section 162...

31 CFR 240.18 - Lack of authority to shift liability.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 31 Money and Finance:Treasury 2 2012-07-01 2012-07-01 false Lack of authority to shift liability. 240.18 Section 240.18 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... depositor(s) under authority of state law. (b) A financial institution's liability under this part is not...

7 CFR 760.113 - Refunds; joint and several liability.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 7 2010-01-01 2010-01-01 false Refunds; joint and several liability. 760.113 Section... Agricultural Disaster Assistance Programs § 760.113 Refunds; joint and several liability. (a) In the event that... provided that interest will in all cases run from the date of the original disbursement. (b) All persons...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2012 CFR

2012-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... corporate credit union's ALCO must have at least one member who is also a member of the board of directors...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2014 CFR

2014-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... corporate credit union's ALCO must have at least one member who is also a member of the board of directors...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2013 CFR

2013-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... corporate credit union's ALCO must have at least one member who is also a member of the board of directors...

Torts Liability for Strike Action and Third Party Rights.

ERIC Educational Resources Information Center

Raday, Frances

1979-01-01

Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

32 CFR 220.11 - Special rules for automobile liability insurance and no-fault automobile insurance.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Special rules for automobile liability insurance and no-fault automobile insurance. 220.11 Section 220.11 National Defense Department of Defense... OF REASONABLE CHARGES FOR HEALTHCARE SERVICES § 220.11 Special rules for automobile liability...

32 CFR 220.11 - Special rules for automobile liability insurance and no-fault automobile insurance.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 2 2013-07-01 2013-07-01 false Special rules for automobile liability insurance and no-fault automobile insurance. 220.11 Section 220.11 National Defense Department of Defense... OF REASONABLE CHARGES FOR HEALTHCARE SERVICES § 220.11 Special rules for automobile liability...

32 CFR 220.11 - Special rules for automobile liability insurance and no-fault automobile insurance.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 2 2012-07-01 2012-07-01 false Special rules for automobile liability insurance and no-fault automobile insurance. 220.11 Section 220.11 National Defense Department of Defense... OF REASONABLE CHARGES FOR HEALTHCARE SERVICES § 220.11 Special rules for automobile liability...

32 CFR 220.11 - Special rules for automobile liability insurance and no-fault automobile insurance.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 2 2014-07-01 2014-07-01 false Special rules for automobile liability insurance and no-fault automobile insurance. 220.11 Section 220.11 National Defense Department of Defense... OF REASONABLE CHARGES FOR HEALTHCARE SERVICES § 220.11 Special rules for automobile liability...

32 CFR 220.11 - Special rules for automobile liability insurance and no-fault automobile insurance.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 2 2011-07-01 2011-07-01 false Special rules for automobile liability insurance and no-fault automobile insurance. 220.11 Section 220.11 National Defense Department of Defense... OF REASONABLE CHARGES FOR HEALTHCARE SERVICES § 220.11 Special rules for automobile liability...

42 CFR 411.39 - Automobile and liability insurance (including self-insurance), no-fault insurance, and workers...

Code of Federal Regulations, 2013 CFR

2013-10-01

... 42 Public Health 2 2013-10-01 2013-10-01 false Automobile and liability insurance (including self-insurance), no-fault insurance, and workers' compensation: Final conditional payment amounts via Web portal... Coverage That Limits Medicare Payment: General Provisions § 411.39 Automobile and liability insurance...

42 CFR 411.39 - Automobile and liability insurance (including self-insurance), no-fault insurance, and workers...

Code of Federal Regulations, 2014 CFR

2014-10-01

... 42 Public Health 2 2014-10-01 2014-10-01 false Automobile and liability insurance (including self-insurance), no-fault insurance, and workers' compensation: Final conditional payment amounts via Web portal... Coverage That Limits Medicare Payment: General Provisions § 411.39 Automobile and liability insurance...

10 CFR 1015.304 - Joint and several liability.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false Joint and several liability. 1015.304 Section 1015.304 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) COLLECTION OF CLAIMS OWED THE UNITED STATES Standards for the Compromise of Claims § 1015.304 Joint and several liability. (a) When two or more debtors are...

24 CFR 965.215 - Lead-based paint liability insurance coverage.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 24 Housing and Urban Development 4 2014-04-01 2014-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

24 CFR 965.215 - Lead-based paint liability insurance coverage.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 24 Housing and Urban Development 4 2013-04-01 2013-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

24 CFR 965.215 - Lead-based paint liability insurance coverage.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 24 Housing and Urban Development 4 2011-04-01 2011-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

24 CFR 965.215 - Lead-based paint liability insurance coverage.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 24 Housing and Urban Development 4 2012-04-01 2012-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

48 CFR 328.311 - Solicitation provision and contract clause on liability insurance under cost-reimbursement...

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 328.311 Section 328.311 Federal... Insurance 328.311 Solicitation provision and contract clause on liability insurance under cost-reimbursement...

24 CFR 965.215 - Lead-based paint liability insurance coverage.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

48 CFR 1812.301 - Solicitation provisions and contract clauses for the acquisition of commercial items. (NASA...

Code of Federal Regulations, 2010 CFR

2010-10-01

... Security. (K) 1852.228-72, Cross-Waiver of Liability for Space Shuttle Services. (L) 1852.228-76, Cross-Waiver of Liability for Space Station Activities. (M) 1852.228-78, Cross-Waiver of Liability for NASA... 1812.301 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE ADMINISTRATION...

48 CFR 1828.371 - Clauses for cross-waivers of liability for Space Shuttle services, Expendable Launch Vehicle (ELV...

Code of Federal Regulations, 2011 CFR

2011-10-01

... of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station... of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station activities. (a) In agreements covering Space Shuttle services, certain ELV launches, and Space Station...

48 CFR 1828.371 - Clauses for cross-waivers of liability for Space Shuttle services, Expendable Launch Vehicle (ELV...

Code of Federal Regulations, 2010 CFR

2010-10-01

... of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station... of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station activities. (a) In agreements covering Space Shuttle services, certain ELV launches, and Space Station...

48 CFR 252.247-7016 - Contractor liability for loss or damage.

Code of Federal Regulations, 2010 CFR

2010-10-01

... loss or damage. 252.247-7016 Section 252.247-7016 Federal Acquisition Regulations System DEFENSE... CLAUSES Text of Provisions And Clauses 252.247-7016 Contractor liability for loss or damage. As prescribed in 247.270-3(k), use the following clause: Contractor Liability for Loss or Damage (DEC 1991) (a...

48 CFR 1852.228-78 - Cross-waiver of liability for science or space exploration activities unrelated to the...

Code of Federal Regulations, 2013 CFR

2013-10-01

... for science or space exploration activities unrelated to the International Space Station. 1852.228-78... Cross-waiver of liability for science or space exploration activities unrelated to the International... Liability for Science or Space Exploration Activities Unrelated to the International Space Station (OCT 2012...

48 CFR 1852.228-78 - Cross-waiver of liability for science or space exploration activities unrelated to the...

Code of Federal Regulations, 2014 CFR

2014-10-01

... for science or space exploration activities unrelated to the International Space Station. 1852.228-78... Cross-waiver of liability for science or space exploration activities unrelated to the International... Liability for Science or Space Exploration Activities Unrelated to the International Space Station (OCT 2012...

45 CFR 30.24 - Joint and several liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Joint and several liability. 30.24 Section 30.24 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION Debt Compromise § 30.24 Joint and several liability. (a) When two or more debtors are jointly and severally liable...

24 CFR 236.765 - Determination of eligible immigration status of applicants and tenants; protection from liability.

Code of Federal Regulations, 2010 CFR

2010-04-01

... immigration status of applicants and tenants; protection from liability. 236.765 Section 236.765 Housing and... eligible immigration status of applicants and tenants; protection from liability. (a) Housing owner's... citizenship or immigration status of applicants and tenants in accordance with the procedures of 24 CFR part 5...

Computers in medicine: liability issues for physicians.

PubMed

Hafner, A W; Filipowicz, A B; Whitely, W P

1989-07-01

Physicians routinely use computers to store, access, and retrieve medical information. As computer use becomes even more widespread in medicine, failure to utilize information systems may be seen as a violation of professional custom and lead to findings of professional liability. Even when a technology is not widespread, failure to incorporate it into medical practice may give rise to liability if the technology is accessible to the physician and reduces risk to the patient. Improvement in the availability of medical information sources imposes a greater burden on the physician to keep current and to obtain informed consent from patients. To routinely perform computer-assisted literature searches for informed consent and diagnosis is 'good medicine'. Clinical and diagnostic applications of computer technology now include computer-assisted decision making with the aid of sophisticated databases. Although such systems will expand the knowledge base and competence of physicians, malfunctioning software raises a major liability question. Also, complex computer-driven technology is used in direct patient care. Defective or improperly used hardware or software can lead to patient injury, thus raising additional complicated questions of professional liability and product liability.

Liability of physicians supervising nonphysician clinicians.

PubMed

Paterick, Barbara B; Waterhouse, Blake E; Paterick, Timothy E; Sanbar, Sandy S

2014-01-01

Physicians confront a variety of liability issues when supervising nonphysician clinicians (NPC) including: (1) direct liability resulting from a failure to meet the state-defined standards of supervision/collaboration with NPCs; (2) vicarious liability, arising from agency law, where physicians are held accountable for NPC clinical care that does not meet the national standard of care; and (3) responsibility for medical errors when the NPC and physician are co-employees of the corporate enterprise. Physician-NPC co-employee relationships are highlighted because they are new and becoming predominant in existing healthcare models. Because of their novelty, there is a paucity of judicial decisions determining liability for NPC errors in this setting. Knowledge of the existence of these risks will allow physicians to make informed decisions on what relationships they will enter with NPCs and how these relationships will be structured and monitored.

Liability exposure for surgical robotics instructors.

PubMed

Lee, Yu L; Kilic, Gokhan; Phelps, John Y

2012-01-01

Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

Limited liability and the public's health.

PubMed

Rutkow, Lainie; Teret, Stephen P

2007-01-01

Corporations, through their products and behaviors, exert a strong effect on the well-being of populations. Industries including firearms, motor vehicles, tobacco, and alcohol produce and market products negatively impact public health. All of these industries are composed of corporations, which are legal fictions designed to provide limited exposure to liability, through a variety of mechanisms, for their investors and directors. This means that when actions are taken on behalf of a corporate entity, the individuals responsible generally will not face personal liability for the negative results of those actions. To illustrate this point, this article considers corporate products or practices that have caused harm in varied settings, and analyzes the role that limited liability played in these cases. In addition, the article identifies ways to modify or eliminate some of the principles and practices that accompany limited liability.

Interlocal collaboration on energy efficiency, sustainability and climate change issues

NASA Astrophysics Data System (ADS)

Chen, Ssu-Hsien

Interlocal energy collaboration builds upon network structures among local policy actors dealing with energy, climate change and sustainability issues. Collaboration efforts overcome institutional collective action (ICA) dilemmas, and cope with the problems spanning jurisdictional boundaries, externalities, and free-rider problems. Interlocal energy collaboration emerges as the agreements in greenhouse gas (GHG) emission reduction, pollution control, land use, purchasing, retrofits, transportation, and so forth. Cities work collaboratively through contractual mechanisms (i.e. formal/informal agreements) and collective mechanisms (i.e. regional partnerships or membership organizations) on a variety of energy issues. What factors facilitate interlocal energy collaboration? To what extent is collaboration through interlocal contractual mechanisms different from collective mechanisms? This dissertation tries to answer these questions by examining: city goal priority on energy related issues as well as other ICA explanatory factors. Research data are drawn mainly from the 2010 national survey "Implementation of energy efficiency and sustainability program" supported by National Science Foundation and the IBM Endowment for the Business of Government. The research results show that city emphasis on common pool resource, scale economies and externality issues significantly affect individual selection of tools for energy collaboration. When expected transaction costs are extremely high or low, the contractual mechanism of informal agreement is more likely to be selected to preserve most local autonomy and flexibility; otherwise, written and formal tools for collaboration are preferred to impose constraints on individual behavior and reduce the risks of defection.

Medical Liability Reform Crisis 2008

PubMed Central

2008-01-01

The crisis of medical liability has resulted in drastic increases in insurance premiums and reduced access for patients to specialty care, particularly in areas such as obstetrics/gynecology, neurosurgery, and orthopaedic surgery. The current liability environment neither effectively compensates persons injured from medical negligence nor encourages addressing system errors to improve patient safety. The author reviews trends across the nation and reports on the efforts of an organization called “Doctors for Medical Liability Reform” to educate the public and lawmakers on the need for solutions to the chaotic process of adjudicating medical malpractice claims in the United States. PMID:18989732

The Welfare Effects of Medical Malpractice Liability

PubMed Central

Lakdawalla, Darius N.; Seabury, Seth A.

2013-01-01

We use variation in the generosity of local juries to identify the causal impact of medical malpractice liability on social welfare. Growth in malpractice payments contributed at most 5 percentage points to the 33% total real growth in medical expenditures from 1990-2003. On the other hand, malpractice leads to modest mortality reductions; the value of these more than likely exceeds the costs of malpractice liability. Therefore, reducing malpractice liability is unlikely to have a major impact on health care spending, and unlikely to be cost-effective over conventionally accepted values of a statistical life. PMID:23526860

Expanded managed care liability: what impact on employer coverage?

PubMed

Studdert, D M; Sage, W M; Gresenz, C R; Hensler, D R

1999-01-01

Policymakers are considering legislative changes that would increase managed care organizations' exposure to civil liability for withholding coverage or failing to deliver needed care. Using a combination of empirical information and theoretical analysis, we assess the likely responses of health plans and Employee Retirement Income Security Act (ERISA) plan sponsors to an expansion of liability, and we evaluate the policy impact of those moves. We conclude that the direct costs of liability are uncertain but that the prospect of litigation may have other important effects on coverage decision making, information exchange, risk contracting, and the extent of employers' involvement in health coverage.

[Legal aspects of the health care institution liability for nosocomial infections].

PubMed

Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej

2009-01-01

In this paper, the basic concepts concerning the liability of health care institution for nosocomial infections are presented. The principles of ex contracto and ex delicto liabilities, as well as the concept of so-called anonymous guilt are discussed. The range of duties for both the health care institution and the employed medical personnel is indicated, the duties and the consequences of their non-fulfillment are systematized, and the obligatory jurisdiction concerning the functioning of prima facie evidence is considered. The author aimed at explaining the principles governing the civil liability of health care institutions and their employees.

24 CFR 904.103 - Development.

Code of Federal Regulations, 2010 CFR

2010-04-01

...) Financial framework. The LHA shall finance development or acquisition by sale of its notes (bond financing... chapter. (c) Contractual framework. There are three basic contracts: (1) An Annual Contributions Contract...

Professional liability insurance and medical error disclosure.

PubMed

McLennan, Stuart; Shaw, David; Leu, Agnes; Elger, Bernice

2015-01-01

To examine medicolegal stakeholders' views about the impact of professional liability insurance in Switzerland on medical error disclosure. Purposive sample of 23 key medicolegal stakeholders in Switzerland from a range of fields between October 2012 and February 2013. Data were collected via individual, face-to-face interviews using a researcher-developed semi-structured interview guide. Interviews were transcribed and analysed using conventional content analysis. Participants, particularly those with a legal or quality background, reported that concerns relating to professional liability insurance often inhibited communication with patients after a medical error. Healthcare providers were reported to be particularly concerned about losing their liability insurance cover for apologising to harmed patients. It was reported that the attempt to limit the exchange of information and communication could lead to a conflict with patient rights law. Participants reported that hospitals could, and in some case are, moving towards self-insurance approaches, which could increase flexibility regarding error communication The reported current practice of at least some liability insurance companies in Switzerland of inhibiting communication with harmed patients after an error is concerning and requires further investigation. With a new ethic of transparency regarding medical errors now prevailing internationally, this approach is increasingly being perceived to be misguided. A move away from hospitals relying solely on liability insurance may allow greater transparency after errors. Legalisation preventing the loss of liability insurance coverage for apologising to harmed patients should also be considered.

Flavor improvement does not increase abuse liability of nicotine chewing gum.

PubMed

Houtsmuller, Elisabeth J; Fant, Reginald V; Eissenberg, Thomas E; Henningfield, Jack E; Stitzer, Maxine L

2002-06-01

Because the taste of nicotine gum has impeded compliance with dosing recommendations, nicotine gum with improved taste (mint, orange) was developed and marketed. Prior to marketing, the Food and Drug Administration (FDA) required a rigorous abuse liability assessment to examine whether enhanced palatability of nicotine gum would increase its abuse liability. Subjective, physiological, and psychomotor effects of mint flavor and original nicotine gum were tested in adult smokers (22-55 years old); a group of younger subjects (18-21 years old) was also included to allow for assessment of abuse liability in young adults specifically. Amphetamine and confectionery gum served as positive controls for abuse liability and palatability. Subjects rated palatability of mint gum higher than original nicotine gum, but substantially lower than confectionery gum. Palatability decreased with increasing dose of nicotine. Neither original nor mint gum increased ratings of traditional abuse liability predictors [Good Effect, Like Effect, Morphine-Benzedrine Group (MBG) scales of Addiction Research Center Inventory (ARCI)], while amphetamine increased ratings of all these measures. Both flavors of nicotine gum decreased craving during 2 h of abstinence. These effects were more pronounced in the adult group and mint gum was more effective than original gum. Younger subjects reported fewer withdrawal symptoms and lower ratings for drug effects and flavor. Improved flavor of nicotine gum does not increase abuse liability, but may be associated with enhanced craving reduction.

12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

Code of Federal Regulations, 2012 CFR

2012-01-01

... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... receivership purposes at a failed insured depository institution. (b) Definitions—(1) The FDIC Cutoff Point...

12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

Code of Federal Regulations, 2014 CFR

2014-01-01

... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... receivership purposes at a failed insured depository institution. (b) Definitions—(1) The FDIC Cutoff Point...

24 CFR 3400.309 - Absence of liability for good-faith administration.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 24 Housing and Urban Development 5 2012-04-01 2012-04-01 false Absence of liability for good-faith... NMLSR § 3400.309 Absence of liability for good-faith administration. HUD or any organization serving as...-faith action or omission of any officer or employee of any such entity, while acting within the scope of...

24 CFR 3400.309 - Absence of liability for good-faith administration.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 24 Housing and Urban Development 5 2014-04-01 2014-04-01 false Absence of liability for good-faith... NMLSR § 3400.309 Absence of liability for good-faith administration. HUD or any organization serving as...-faith action or omission of any officer or employee of any such entity, while acting within the scope of...

24 CFR 3400.309 - Absence of liability for good-faith administration.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 24 Housing and Urban Development 5 2013-04-01 2013-04-01 false Absence of liability for good-faith... NMLSR § 3400.309 Absence of liability for good-faith administration. HUD or any organization serving as...-faith action or omission of any officer or employee of any such entity, while acting within the scope of...

14 CFR 1266.102 - Cross-waiver of liability for agreements for activities related to the International Space Station.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false Cross-waiver of liability for agreements for activities related to the International Space Station. 1266.102 Section 1266.102 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CROSS-WAIVER OF LIABILITY § 1266.102 Cross-waiver of...

14 CFR 1266.102 - Cross-waiver of liability for agreements for activities related to the International Space Station.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Cross-waiver of liability for agreements for activities related to the International Space Station. 1266.102 Section 1266.102 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CROSS-WAIVER OF LIABILITY § 1266.102 Cross-waiver of...

14 CFR 1266.102 - Cross-waiver of liability for agreements for activities related to the International Space Station.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false Cross-waiver of liability for agreements for activities related to the International Space Station. 1266.102 Section 1266.102 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CROSS-WAIVER OF LIABILITY § 1266.102 Cross-waiver of...

75 FR 68020 - Watco Holdings, Inc., Watco Companies, Inc., and Watco Transportation Services, Inc.-Corporate...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-04

... Railroads. In addition, Watco will convert from a Kansas corporation to a Delaware limited liability company... from a Kansas corporation to a Kansas limited liability company and will continue to directly control..., AWR, and BRSR will be converted to either a limited liability company or a C corporation, depending on...

26 CFR 301.6905-1 - Discharge of executor from personal liability for decedent's income and gift taxes.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Discharge of executor from personal liability... Transferees and Fiduciaries § 301.6905-1 Discharge of executor from personal liability for decedent's income..., the executor of a decedent's estate may make written application to the applicable internal revenue...

26 CFR 20.2204-1 - Discharge of executor from personal liability.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Discharge of executor from personal liability... § 20.2204-1 Discharge of executor from personal liability. (a) General rule. The executor of a decedent... filed, the executor will be notified of the amount of the tax and, upon payment thereof, he will be...

26 CFR 20.6905-1 - Discharge of executor from personal liability for decedent's income and gift taxes.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Discharge of executor from personal liability... DYING AFTER AUGUST 16, 1954 Procedure and Administration § 20.6905-1 Discharge of executor from personal liability for decedent's income and gift taxes. For regulations concerning the discharge of an executor from...

26 CFR 25.6905-1 - Discharge of executor from personal liability for decedent's income and gift taxes.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Discharge of executor from personal liability... 31, 1954 Procedure and Administration § 25.6905-1 Discharge of executor from personal liability for decedent's income and gift taxes. For regulations concerning the discharge of an executor from personal...

76 FR 20593 - Guidance Under Section 108(a) Concerning the Exclusion of Section 61(a)(12) Discharge of...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-04-13

... a disregarded entity under this provision is a domestic single member limited liability company that.... Examples of disregarded entities include a domestic single member limited liability company that does not... Federal income tax purposes, all assets, liabilities, and items of income, deduction, and credit of a...

26 CFR 1.6015-1 - Relief from joint and several liability on a joint return.

Code of Federal Regulations, 2010 CFR

2010-04-01

... they claim losses attributable to H's limited partnership interest in Partnership A. In January 2006... 26 Internal Revenue 13 2010-04-01 2010-04-01 false Relief from joint and several liability on a... joint and several liability on a joint return. (a) In general. (1) An individual who qualifies and...

13 CFR 125.10 - Who does SBA consider to control an SDVO SBC?

Code of Federal Regulations, 2010 CFR

2010-01-01

... partners, with control over all partnership decisions. (d) Control over a limited liability company. In the case of a limited liability company, one or more service-disabled veterans (or in the case of a veteran... managing members, with control over all decisions of the limited liability company. (e) Control over a...

40 CFR 80.28 - Liability for violations of gasoline volatility controls and prohibitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 16 2011-07-01 2011-07-01 false Liability for violations of gasoline... Prohibitions § 80.28 Liability for violations of gasoline volatility controls and prohibitions. (a) Violations... refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at...

40 CFR 80.28 - Liability for violations of gasoline volatility controls and prohibitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations of gasoline... Prohibitions § 80.28 Liability for violations of gasoline volatility controls and prohibitions. (a) Violations... refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at...

40 CFR 80.28 - Liability for violations of gasoline volatility controls and prohibitions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 40 Protection of Environment 17 2012-07-01 2012-07-01 false Liability for violations of gasoline... Prohibitions § 80.28 Liability for violations of gasoline volatility controls and prohibitions. (a) Violations... refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at...

40 CFR 80.28 - Liability for violations of gasoline volatility controls and prohibitions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 40 Protection of Environment 17 2014-07-01 2014-07-01 false Liability for violations of gasoline... Prohibitions § 80.28 Liability for violations of gasoline volatility controls and prohibitions. (a) Violations... refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at...

40 CFR 80.28 - Liability for violations of gasoline volatility controls and prohibitions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 17 2013-07-01 2013-07-01 false Liability for violations of gasoline... Prohibitions § 80.28 Liability for violations of gasoline volatility controls and prohibitions. (a) Violations... refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at...

26 CFR 1.381(c)(16)-1 - Obligations of distributor or transferor corporation.

Code of Federal Regulations, 2011 CFR

2011-04-01

... obligation of a distributor or transferor corporation which gives rise to a liability after the date of... shall govern: (i) If the obligation gave rise to a liability before the date of distribution or transfer, see section 381(c)(4) and the regulations thereunder. (ii) If the obligation gives rise to a liability...

40 CFR 80.30 - Liability for violations of diesel fuel control and prohibitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 16 2011-07-01 2011-07-01 false Liability for violations of diesel... Prohibitions § 80.30 Liability for violations of diesel fuel control and prohibitions. (a) Violations at refiners or importers facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is...

40 CFR 80.30 - Liability for violations of diesel fuel control and prohibitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations of diesel... Prohibitions § 80.30 Liability for violations of diesel fuel control and prohibitions. (a) Violations at refiners or importers facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is...

19 CFR 158.4 - Liability of carrier for lost or missing packages.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 19 Customs Duties 2 2012-04-01 2012-04-01 false Liability of carrier for lost or missing packages... EXPORTED Lost or Missing Packages and Deficiencies in Contents of Packages § 158.4 Liability of carrier for lost or missing packages. Upon a joint determination or independent determination of quantity as set...

19 CFR 158.4 - Liability of carrier for lost or missing packages.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 19 Customs Duties 2 2013-04-01 2013-04-01 false Liability of carrier for lost or missing packages... EXPORTED Lost or Missing Packages and Deficiencies in Contents of Packages § 158.4 Liability of carrier for lost or missing packages. Upon a joint determination or independent determination of quantity as set...

19 CFR 158.4 - Liability of carrier for lost or missing packages.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 19 Customs Duties 2 2011-04-01 2011-04-01 false Liability of carrier for lost or missing packages... EXPORTED Lost or Missing Packages and Deficiencies in Contents of Packages § 158.4 Liability of carrier for lost or missing packages. Upon a joint determination or independent determination of quantity as set...

19 CFR 158.4 - Liability of carrier for lost or missing packages.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 19 Customs Duties 2 2014-04-01 2014-04-01 false Liability of carrier for lost or missing packages... EXPORTED Lost or Missing Packages and Deficiencies in Contents of Packages § 158.4 Liability of carrier for lost or missing packages. Upon a joint determination or independent determination of quantity as set...

19 CFR 158.4 - Liability of carrier for lost or missing packages.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 19 Customs Duties 2 2010-04-01 2010-04-01 false Liability of carrier for lost or missing packages... EXPORTED Lost or Missing Packages and Deficiencies in Contents of Packages § 158.4 Liability of carrier for lost or missing packages. Upon a joint determination or independent determination of quantity as set...

32 CFR Appendix A to Part 625 - Dependent Travel Waiver of Liability

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Dependent Travel Waiver of Liability A Appendix A...—Dependent Travel Waiver of Liability “I (Name of dependent) will be accompanying _____, (Name of employee... business in or while using a Government vehicle. Dates of travel are from _____ to _____ 19__. I do hereby...

26 CFR 1.704-2 - Allocations attributable to nonrecourse liabilities.

Code of Federal Regulations, 2010 CFR

2010-04-01

... gain is determined with reference to the property's book basis. See also paragraph (i)(4) of this... under this section are made with reference to the property's book value. See section 704(c) and § 1.704... liability. (i) In general. (ii) Allocating liabilities. (3) Partnership minimum gain if there is a book/tax...

10 CFR 140.107 - Appendix G-Form of indemnity agreement with licensees processing plutonium for use in plutonium...

Code of Federal Regulations, 2012 CFR

2012-01-01

... policies as proof of financial protection. 140.107 Section 140.107 Energy NUCLEAR REGULATORY COMMISSION... specified in Item 2 of the Attachment and in the form of the nuclear energy liability insurance policy... liability of any Nuclear Energy Liability-Property Insurance Association policy designated in Item 5 of the...

10 CFR 140.107 - Appendix G-Form of indemnity agreement with licensees processing plutonium for use in plutonium...

Code of Federal Regulations, 2013 CFR

2013-01-01

... policies as proof of financial protection. 140.107 Section 140.107 Energy NUCLEAR REGULATORY COMMISSION... specified in Item 2 of the Attachment and in the form of the nuclear energy liability insurance policy... liability of any Nuclear Energy Liability-Property Insurance Association policy designated in Item 5 of the...

10 CFR 140.107 - Appendix G-Form of indemnity agreement with licensees processing plutonium for use in plutonium...

Code of Federal Regulations, 2014 CFR

2014-01-01

... policies as proof of financial protection. 140.107 Section 140.107 Energy NUCLEAR REGULATORY COMMISSION... specified in Item 2 of the Attachment and in the form of the nuclear energy liability insurance policy... liability of any Nuclear Energy Liability-Property Insurance Association policy designated in Item 5 of the...

9 CFR 203.10 - Statement with respect to insolvency; definition of current assets and current liabilities.

Code of Federal Regulations, 2010 CFR

2010-01-01

... cycle of the business, which is considered to be one year. (2) Current liabilities means obligations... consumed in the normal operating cycle of the business; (7) accounts due from employees, if collectable; (8... classifiable as current assets or the creation of other current liabilities during the one year operating cycle...

40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

Code of Federal Regulations, 2012 CFR

2012-07-01

... 40 Protection of Environment 23 2012-07-01 2012-07-01 false Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity. 113.4 Section 113.4 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR...

40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

Code of Federal Regulations, 2014 CFR

2014-07-01

... 40 Protection of Environment 22 2014-07-01 2013-07-01 true Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity. 113.4 Section 113.4 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR...

10 CFR 140.107 - Appendix G-Form of indemnity agreement with licensees processing plutonium for use in plutonium...

Code of Federal Regulations, 2010 CFR

2010-01-01

... policies as proof of financial protection. 140.107 Section 140.107 Energy NUCLEAR REGULATORY COMMISSION... specified in Item 2 of the Attachment and in the form of the nuclear energy liability insurance policy... liability of any Nuclear Energy Liability-Property Insurance Association policy designated in Item 5 of the...

10 CFR 140.107 - Appendix G-Form of indemnity agreement with licensees processing plutonium for use in plutonium...

Code of Federal Regulations, 2011 CFR

2011-01-01

... policies as proof of financial protection. 140.107 Section 140.107 Energy NUCLEAR REGULATORY COMMISSION... specified in Item 2 of the Attachment and in the form of the nuclear energy liability insurance policy... liability of any Nuclear Energy Liability-Property Insurance Association policy designated in Item 5 of the...

42 CFR 455.202 - Limitation on contractor liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Limitation on contractor liability. 455.202 Section... § 455.202 Limitation on contractor liability. (a) A program contractor, a person, or an entity employed... contractor will not be held to have violated any criminal law and will not be held liable in any civil action...

26 CFR 1.456-4 - Cessation of liability or existence.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Cessation of liability or existence. 1.456-4... of liability or existence. (a) If a taxpayer has elected to apply the provisions of section 456 to a trade or business in connection with which prepaid dues income is received, and if the taxpayer's...

75 FR 49411 - Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-Vessels and...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-13

... collection OMB Control Number 1625-0046 entitled ``Financial Responsibility for Water Pollution (Vessels... Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability--Vessels and Deepwater..., the Coast Guard amended the Oil Pollution Act of 1990 limits of liability for vessels and deepwater...

29 CFR 501.9 - Surety bond.

Code of Federal Regulations, 2010 CFR

2010-07-01

... CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION... demonstrating its ability to discharge financial obligations under the H-2A program. The original bond...

Effects of different contractual arrangements: the case of retail gasoline markets

DOE Office of Scientific and Technical Information (OSTI.GOV)

Barron, J.M.; Umbeck, J.R.

The change in the contractual arrangement at a gasoline station from a refiner-controlled to a franchise operation implies different incentives for the individual who sets prices and determines hours, but reflects no change in the product nor the market environment. The outcome can lead to higher prices and reduced hours at the station affected. The divorcement experience in Maryland illustrates how change can be imposed by the legal system. Average self-service and full-serve prices rose, and hours of operation fell relative to those of competitors even though refiner operations that were forced to franchise had previously had prices below themore » competition. The evidence of an effect on the prices and hours of competitors is less convincing. 16 references, 2 tables.« less

Measuring hospital medical staff organizational structure.

PubMed Central

Shortell, S M; Getzen, T E

1979-01-01

Based on organization theory and the work of Roemer and Friedman, seven dimensions of hospital medical staff organization structure are proposed and examined. The data are based on a 1973 nationwide survey of hospital medical staffs conducted by the American Hospital Association. Factor analysis yielded six relatively independent dimensions supporting a multidimensional view of medical staff organization structure. The six dimensions include 1) Resource Capability, 2) Generalist Physician Contractual Orientation, 3) Communication/Control, 4) Local Staff Orientation, 5) Participation in Decision Making, and 6) Hospital-Based Physician Contractual Orientation. It is suggested that these dimensions can be used to develop an empirical typology of hospital medical staff organization structure and to investigate the relationship between medical staff organization and public policy issues related to cost containment and quality assurance. PMID:511580

The managed care contract: the blueprint for monitoring agreements.

PubMed

Hummel, J R; Cooper, S J

2001-06-01

Healthcare providers generally undertake monitoring programs of managed care arrangements as a way of analyzing financial performance, uncovering lapses in contractually mandated performance that might expose the organization to financial loss, and gathering information that can be helpful in renegotiating the contract or negotiating new arrangements. To secure access to the information needed to achieve these goals, the provider should ensure that the contract spells out the information required, the health plan's obligations to supply this information, and the consequences of the plan's failure to meet those obligations. Such consequences may include financial penalties for the plan and special termination rights for the provider. Without a contractually explicit assurance that the needed information will be available, a provider may find itself with no way to achieve its contract-monitoring goals.

Service Contract Compliance Management in Business Process Management

NASA Astrophysics Data System (ADS)

El Kharbili, Marwane; Pulvermueller, Elke

Compliance management is a critical concern for corporations, required to respect contracts. This concern is particularly relevant in the context of business process management (BPM) as this paradigm is getting adopted more widely for-designing and building IT systems. Enforcing contractual compliance needs to be modeled at different levels of a BPM framework, which also includes the service layer. In this paper, we discuss requirements and methods for modeling contractual compliance for an SOA-supported BPM. We also show how business rule management integrated into an industry BPM tool allows modeling and processing functional and non-functional-property constraints which may be extracted from business process contracts. This work proposes a framework that responds to the requirements identified and proposes an architecture implementing it. Our approach is also illustrated by an example.

[Analysis of contractual incentives for kidney transplants in Brazil using the principal-agent model].

PubMed

Costa, Cassia Kely Favoretto; Balbinotto, Giácomo; Sampaio, Luciano Menezes Bezerra

2016-09-12

The aim of this article was to analyze contractual incentives for kidney transplants in Brazil based on the principal-agent model. The approach assumes that the Brazilian Ministry of Health is the principal and the public hospitals accredited by the National Transplant System are the agent. The Ministry of Health's welfare depends on measures taken by hospitals in kidney uptake. Hospitals allocate administrative, financial, and management efforts to conduct measures in kidney donation, removal, uptake, and transplantation. Hospitals may choose the levels of effort that are consistent with the payments and incentives received in relation to transplantation costs. The solution to this type of problem lies in structuring an optimal incentives contract, which requires aligning the interests of both parties involved in the transplantation system.

Evidence for the hERG Liability of Antihistamines, Antipsychotics, and Anti-Infective Agents: A Systematic Literature Review From the ARITMO Project.

PubMed

Hazell, Lorna; Raschi, Emanuel; De Ponti, Fabrizio; Thomas, Simon H L; Salvo, Francesco; Ahlberg Helgee, Ernst; Boyer, Scott; Sturkenboom, Miriam; Shakir, Saad

2017-05-01

A systematic review was performed to categorize the hERG (human ether-a-go-go-related gene) liability of antihistamines, antipsychotics, and anti-infectives and to compare it with current clinical risk of torsade de pointes (TdP). Eligible studies were hERG assays reporting half-minimal inhibitory concentrations (IC50). A "hERG safety margin" was calculated from the IC50 divided by the peak human plasma concentration (free C max ). A margin below 30 defined hERG liability. Each drug was assigned an "uncertainty score" based on volume, consistency, precision, and internal and external validity of evidence. The hERG liability was compared to existing knowledge on TdP risk (www.credibledrugs.org). Of 1828 studies, 82 were eligible, allowing calculation of safety margins for 61 drugs. Thirty-one drugs (51%) had evidence of hERG liability including 6 with no previous mention of TdP risk (eg, desloratadine, lopinavir). Conversely, 16 drugs (26%) had no evidence of hERG liability including 6 with known, or at least conditional or possible, TdP risk (eg, chlorpromazine, sulpiride). The main sources of uncertainty were the validity of the experimental conditions used (antihistamines and antipsychotics) and nonuse of reference compounds (anti-infectives). In summary, hERG liability was categorized for 3 widely used drug classes, incorporating a qualitative assessment of the strength of available evidence. Some concordance with TdP risk was observed, although several drugs had hERG liability without evidence of clinical risk and vice versa. This may be due to gaps in clinical evidence, limitations of hERG/C max data, or other patient/drug-specific factors that contribute to real-life TdP risk. © 2016, The American College of Clinical Pharmacology.

7 CFR 1724.71 - Borrower contractual obligations.

Code of Federal Regulations, 2010 CFR

2010-01-01

..., DEPARTMENT OF AGRICULTURE ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES AND PROCEDURES RUS..., engineering services and architectural services financed in whole or in part by the RUS loan. Normally, this...

Finding the 'sweet spot' in value-based contracts.

PubMed

Eggbeer, Bill; Sears, Kevin; Homer, Ken

2015-08-01

Health systems pursing value-based contracts should address six important considerations: The definition of value. Contracting goals. Cost of implementation. Risk exposure. Contract structure and design. Essential contractual protections.

50 CFR 600.245 - Council member compensation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE MAGNUSON-STEVENS ACT PROVISIONS Council Membership § 600... direct line item on a contractual basis without deductions being made for Social Security or Federal and...

7 CFR 54.1 - Meaning of words.

Code of Federal Regulations, 2013 CFR

2013-01-01

... such organs and parts as livers, kidneys, sweetbreads, brains, lungs, spleens, stomachs, tripe, lips... effectuate use of such quality systems to meet contractual requirements, or as a marketing tool. Service...

7 CFR 54.1 - Meaning of words.

Code of Federal Regulations, 2014 CFR

2014-01-01

... such organs and parts as livers, kidneys, sweetbreads, brains, lungs, spleens, stomachs, tripe, lips... effectuate use of such quality systems to meet contractual requirements, or as a marketing tool. Service...

7 CFR 54.1 - Meaning of words.

Code of Federal Regulations, 2012 CFR

2012-01-01

... such organs and parts as livers, kidneys, sweetbreads, brains, lungs, spleens, stomachs, tripe, lips... effectuate use of such quality systems to meet contractual requirements, or as a marketing tool. Service...

29 CFR 502.8 - Surety bond.

Code of Federal Regulations, 2010 CFR

2010-07-01

... CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION... the Administrator, WHD after notice and an opportunity for hearing when it is shown based on objective...

8 CFR 236.6 - Information regarding detainees.

Code of Federal Regulations, 2010 CFR

2010-01-01

... or local government entity or any privately operated detention facility, that houses, maintains... otherwise), and no other person who by virtue of any official or contractual relationship with such person...

14 CFR § 1266.102 - Cross-waiver of liability for agreements for activities related to the International Space Station.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Cross-waiver of liability for agreements for activities related to the International Space Station. § 1266.102 Section § 1266.102 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CROSS-WAIVER OF LIABILITY § 1266.102 Cross...

49 CFR 375.701 - May I provide for a release of liability on my delivery receipt?

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 5 2010-10-01 2010-10-01 false May I provide for a release of liability on my... REGULATIONS Delivery of Shipments § 375.701 May I provide for a release of liability on my delivery receipt? (a) Your delivery receipt or shipping document must not contain any language purporting to release or...

26 CFR 1.412(l)(7)-1 - Mortality tables used to determine current liability.

Code of Federal Regulations, 2014 CFR

2014-04-01

... liability. 1.412(l)(7)-1 Section 1.412(l)(7)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE... Plans, Etc. § 1.412(l)(7)-1 Mortality tables used to determine current liability. (a) In general. The... under section 412(l)(7) for participants and beneficiaries (other than disabled participants) for plan...

12 CFR 987.7 - Liability of Banks, Finance Board, Office of Finance and Federal Reserve Banks.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 12 Banks and Banking 7 2011-01-01 2011-01-01 false Liability of Banks, Finance Board, Office of Finance and Federal Reserve Banks. 987.7 Section 987.7 Banks and Banking FEDERAL HOUSING FINANCE BOARD OFFICE OF FINANCE BOOK-ENTRY PROCEDURE FOR CONSOLIDATED OBLIGATIONS § 987.7 Liability of Banks, Finance...

An analysis of PILT-related payments and likely property tax liability of Federal resource management lands

Treesearch

Ervin G. Schuster; Paul R. Beckley; Jennifer M. Bushur; Krista M. Gebert; Michael J. Niccolucci

1999-01-01

This report stems from Congressional concern over the equivalency between Federal payments to counties containing Federal resource management lands, the likely tax liability, and other county-level benefits and costs associated with those lands. Results indicate that the overall tax liability on Federal lands is almost three times the Federal payments. A survey of...

32 CFR 750.25 - Scope of liability.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Scope of liability. 750.25 Section 750.25... Federal Tort Claims Act § 750.25 Scope of liability. (a) Territorial limitations. The FTCA does not apply... 46 U.S.C. 741-752 or 781-790. Claims under the Death on the High Seas Act (46 U.S.C. 761), however...

RCRA, Superfund and EPCRA hotline training module. Introduction to: Superfund liability, enforcement, and settlements (updated February 1998); Directive

DOE Office of Scientific and Technical Information (OSTI.GOV)

NONE

1998-06-01

The goal of this module is to describe the liability, enforcement, and settlement provisions of CERCLA; list the CERCLA enforcement mechanisms available to EPA; explain CERCLA sections 104 and 106 provisions; define potentially responsible party; explain CERCLA section 107 liability; cite and locate the relevant CERCLA documents on enforcement and liability; explain the differences between administrative and judicial enforcement and settlement procedures; list and compare the differences between enforcement authorities as they apply to removal and remedial actions; list the key enforcement steps in EPA`s response process; and specify noncompliance penalties and provide statutory citations.

Safety and Liability Aspects of Solar Power Satellites

NASA Astrophysics Data System (ADS)

Jakhu, Ram S.; Howard, Diane

2010-09-01

It is an undisputed fact that the global need for energy will grow exponentially in the future and the search for alternative energy sources will intensify. One alternative source will be space based solar power(SSP), to be collected in space and transmitted to Earth by solar power satellites(SPS). As the appropriate technology becomes proven, the economic and operational viability for the launch of SPS system(s) will, to a large extent, depend upon favorable political and legal determinants. One of such determinants relates to safety risks and possible liability of the operator(s) of SPS system(s). This paper identifies safety risks of, and analyses liability for, damage caused by SPS. Issues, specifically analyzed mainly under international law, include damage caused(in outer space, in the air and on the Earth) by electronic transmission, and mechanisms to manage liability including inter alia insurance coverage, waivers of liability, and dispute settlement mechanisms. The paper contains recommendations for the concerned governments(and their respective private entities) to take regulatory precautions in order to avoid the risks of possible liability and thereby enhances the chances for launch and operation of SPS system(s).

[Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

PubMed

Schneider, H

2018-05-16

In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

ADHD and the externalizing spectrum: direct comparison of categorical, continuous, and hybrid models of liability in a nationally representative sample.

PubMed

Carragher, Natacha; Krueger, Robert F; Eaton, Nicholas R; Markon, Kristian E; Keyes, Katherine M; Blanco, Carlos; Saha, Tulshi D; Hasin, Deborah S

2014-08-01

Alcohol use disorders, substance use disorders, and antisocial personality disorder share a common externalizing liability, which may also include attention-deficit hyperactivity disorder (ADHD). However, few studies have compared formal quantitative models of externalizing liability, with the aim of delineating the categorical and/or continuous nature of this liability in the community. This study compares categorical, continuous, and hybrid models of externalizing liability. Data were derived from the 2004-2005 National Epidemiologic Survey on Alcohol and Related Conditions (N = 34,653). Seven disorders were modeled: childhood ADHD and lifetime diagnoses of antisocial personality disorder (ASPD), nicotine dependence, alcohol dependence, marijuana dependence, cocaine dependence, and other substance dependence. The continuous latent trait model provided the best fit to the data. Measurement invariance analyses supported the fit of the model across genders, with females displaying a significantly lower probability of experiencing externalizing disorders. Cocaine dependence, marijuana dependence, other substance dependence, alcohol dependence, ASPD, nicotine dependence, and ADHD provided the greatest information, respectively, about the underlying externalizing continuum. Liability to externalizing disorders is continuous and dimensional in severity. The findings have important implications for the organizational structure of externalizing psychopathology in psychiatric nomenclatures.

7 CFR 1718.100 - General.

Code of Federal Regulations, 2010 CFR

2010-01-01

... the public. (c) Resolution of any differences in contractual provisions.If any provision of the loan contract appears to be in conflict with provisions of the mortgage, the loan contract shall have precedence...

30 CFR 1228.107 - Eligible cost of activities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... projects; basic and specialized training for State and tribal participants; and cost of any contractual... for funding and the procedures, timing, and mechanics for implementing Federal funding. [49 FR 37348...

29 CFR 501.5 - Waiver of rights prohibited.

Code of Federal Regulations, 2010 CFR

2010-07-01

... OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE... public policy except as follows: (a) Waivers or modifications of rights or obligations hereunder in favor...

Abuse liability assessment of an e-cigarette refill liquid using intracranial self-stimulation and self-administration models in rats

PubMed Central

LeSage, MG; Staley, M; Muelken, P; Smethells, JR; Stepanov, I; Vogel, RI; Pentel, PR; Harris, AC

2016-01-01

Background The popularity of electronic cigarettes (ECs) has increased dramatically despite their unknown health consequences. Because the abuse liability of ECs is one of the leading concerns of the Food and Drug Administration (FDA), models to assess it are urgently needed to inform FDA regulatory decisions regarding these products. The purpose of this study was to assess the relative abuse liability of an EC liquid compared to nicotine alone in rats. Because this EC liquid contains non-nicotine constituents that may enhance its abuse liability, we hypothesized that it would have greater abuse liability than nicotine alone. Methods Nicotine alone and nicotine dose-equivalent concentrations of EC liquid were compared in terms of their acute effects on intracranial self-stimulation (ICSS) thresholds, acquisition of self-administration, reinforcing efficacy (i.e., elasticity of demand), blockade of these behavioral effects by mecamylamine, nicotine pharmacokinetics and nicotinic acetylcholine receptor binding and activation. Results There were no significant differences between formulations on any measure, except that EC liquid produced less of an elevation in ICSS thresholds at high nicotine doses. Conclusions Collectively, these findings suggest that the relative abuse liability of this EC liquid is similar to that of nicotine alone in terms of its reinforcing and reinforcement-enhancing effects, but that it may have less aversive/anhedonic effects at high doses. The present methods may be useful for assessing the abuse liability of other ECs to inform potential FDA regulation of those products. PMID:27627814

Medical professional liability insurance and its relation to medical error and healthcare risk management for the practicing physician.

PubMed

Abbott, Richard L; Weber, Paul; Kelley, Betsy

2005-12-01

To review the history and current issues surrounding medical professional liability insurance and its relationship to medical error and healthcare risk management. Focused literature review and authors' experience. Medical professional liability insurance issues are reviewed in association with the occurrence of medical error and the role of healthcare risk management. The rising frequency and severity of claims and lawsuits incurred by physicians, as well as escalating defense costs, have dramatically increased over the past several years and have resulted in accelerated efforts to reduce medical errors and control practice risk for physicians. Medical error reduction and improved patient outcomes are closely linked to the goals of the medical risk manager by reducing exposure to adverse medical events. Management of professional liability risk by the physician-led malpractice insurance company not only protects the economic viability of physicians, but also addresses patient safety concerns. Physician-owned malpractice liability insurance companies will continue to be the dominant providers of insurance for practicing physicians and will serve as the primary source for loss prevention and risk management services. To succeed in the marketplace, the emergence and importance of the risk manager and incorporation of risk management principles throughout the professional liability company has become crucial to the financial stability and success of the insurance company. The risk manager provides the necessary advice and support requested by physicians to minimize medical liability risk in their daily practice.