48 CFR 245.7310-3 - Liability and insurance.

Code of Federal Regulations, 2010 CFR

2010-10-01

.... 245.7310-3 Section 245.7310-3 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE CONTRACT MANAGEMENT GOVERNMENT PROPERTY Sale of Surplus Contractor... this requirement upon receipt of satisfactory evidence that the Purchaser is qualified as a self...

48 CFR 46.801 - Applicability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Applicability. 46.801 Section 46.801 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACT MANAGEMENT QUALITY ASSURANCE Contractor Liability for Loss of or Damage to Property of the Government 46.801...

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

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.

26 CFR 53.4958-0 - Table of contents.

Code of Federal Regulations, 2011 CFR

2011-04-01

... period. (iii) Abatement if correction during the correction period. (d) Tax paid by organization managers. (1) In general. (2) Organization manager defined. (i) In general. (ii) Special rule for certain.... (6) Due to reasonable cause. (7) Limits on liability for management. (8) Joint and several liability...

The Role of Private Sector Management in Public Education.

ERIC Educational Resources Information Center

Doyle, Denis P.

1994-01-01

The school system's uniformity is clearly a liability in the modern era. Today's schools need entrepreneurship, not change by rule, regulation, and statute. The central issue of entrepreneurship is not risk-taking, but innovative, implementation methods. Eventually, using private contractors to improve the management of instructional services will…

Advanced traffic management systems tort liability

DOT National Transportation Integrated Search

2000-08-01

This Study represents a cooperative effort among the Office of the Secretary of Transportation, Federal Highway Administration (FHWA) as staff, and other Department modal administrations with freight responsibilities. A companion document, the 1997 F...

9 CFR 11.20 - Responsibilities and liabilities of management.

Code of Federal Regulations, 2011 CFR

2011-01-01

... liabilities of management. (a) The management of any horse show, horse exhibition, or horse sale or auction..., horse exhibition, horse sale, or horse auction. Horses entered for sale or auction at a horse sale or... the sale or auction and prohibited from entering the sale or auction ring. Sore horses or horses...

9 CFR 11.20 - Responsibilities and liabilities of management.

Code of Federal Regulations, 2010 CFR

2010-01-01

... liabilities of management. (a) The management of any horse show, horse exhibition, or horse sale or auction..., horse exhibition, horse sale, or horse auction. Horses entered for sale or auction at a horse sale or... the sale or auction and prohibited from entering the sale or auction ring. Sore horses or horses...

Trouble with Your Liability Insurance? Here's Why.

ERIC Educational Resources Information Center

AGB Reports, 1985

1985-01-01

The insurance industry is in trouble, which means problems for colleges and universities--especially in the area of liability insurance. Some strategies for higher education are discussed, including risk-management programs, self-insurance, catastrophic or excess insurance, and risk-management consortia. (MLW)

Health and safety management systems: liability or asset?

PubMed

Bennett, David

2002-01-01

Health and safety management systems have a background in theory and in various interests among employers and workplace health and safety professionals. These have resulted in a number of national systems emanating from national standard-writing centres and from employers' organizations. In some cases these systems have been recognized as national standards. The contenders for an international standard have been the International Organization of Standardization (ISO) and the International Labour Organization (ILO). The quality and environmental management systems of ISO indicate what an ISO health and safety management standard would look like. The ILO Guidelines on Safety and Health Management Systems, by contrast, are stringent, specific and potentially effective in improving health and safety performance in the workplace.

48 CFR 46.800 - Scope of subpart.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Scope of subpart. 46.800 Section 46.800 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACT MANAGEMENT QUALITY ASSURANCE Contractor Liability for Loss of or Damage to Property of the Government 46.800 Scope of...

Assessment of Tapentadol API Abuse Liability With the Researched Abuse, Diversion and Addiction-Related Surveillance System.

PubMed

Vosburg, Suzanne K; Severtson, S Geoffrey; Dart, Richard C; Cicero, Theodore J; Kurtz, Steven P; Parrino, Mark W; Green, Jody L

2018-04-01

Tapentadol, a Schedule II opioid with a combination of µ-opioid activity and norepinephrine reuptake inhibition, is used for the management of moderate to severe acute and chronic pain. Its dual mechanism of action is thought to reduce opioid-related side effects that can complicate pain management. Since approval, tapentadol has been tracked across multiple outcomes suggesting abuse liability, and a pattern of relatively low, although not absent, abuse liability has been found. This retrospective cohort study further details the abuse liability of tapentadol as an active pharmaceutical ingredient (API) when immediate-release as well as extended-release formulations were on the market together (fourth quarter of 2011 to second quarter of 2016). Tapentadol (API) was compared with tramadol, hydrocodone, morphine, oxycodone, hydromorphone, and oxymorphone across Poison Center, Drug Diversion, and Treatment Center Programs Combined data streams from the Researched Abuse, Diversion and Addiction-Related Surveillance system. Findings suggest the public health burden related to tapentadol to date is low, but present. Event rates of abuse per population-level denominators were significantly lower than all other opioids examined. However, when adjusted for drug availability, event rates of abuse were lower than most Schedule II opioids studied, but were not the lowest. Disentangling these 2 sets of findings further by examining various opioid formulations, such as extended-release and the role of abuse-deterrent formulations, is warranted. This article presents the results from an examination of tapentadol API across the Researched Abuse, Diversion and Addiction-Related Surveillance System: a broad and carefully designed postmarketing mosaic. Data to date from Poison Center, Drug Diversion, and Treatment Centers combined suggest a low, but present public health burden related to tapentadol. Copyright © 2018. Published by Elsevier Inc.

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...

"Wrapping Up" Your Construction Insurance.

ERIC Educational Resources Information Center

Ferraro, Mark

1998-01-01

School facility managers are beginning to use a special insurance-management technique called wrap-up. The project owner purchases a bulk construction insurance policy consisting of general liability, excess liability, workers' compensation, and builders' risk insurance. Wrap-ups ensure competitive pricing, safety incentives, lower claims costs,…

12 CFR 615.5102 - Issuance of debt obligations through the Funding Corporation.

Code of Federal Regulations, 2010 CFR

2010-01-01

... SYSTEM FUNDING AND FISCAL AFFAIRS, LOAN POLICIES AND OPERATIONS, AND FUNDING OPERATIONS Issuance of Bonds.../liability management policies of the System institutions and the requirements of the market. The guidelines, priorities, and objectives shall be designed to ensure that the debt marketing responsibilities of the...

9 CFR 11.20 - Responsibilities and liabilities of management.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 9 Animals and Animal Products 1 2014-01-01 2014-01-01 false Responsibilities and liabilities of management. 11.20 Section 11.20 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE ANIMAL WELFARE HORSE PROTECTION REGULATIONS § 11.20 Responsibilities and...

9 CFR 11.20 - Responsibilities and liabilities of management.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 9 Animals and Animal Products 1 2013-01-01 2013-01-01 false Responsibilities and liabilities of management. 11.20 Section 11.20 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE ANIMAL WELFARE HORSE PROTECTION REGULATIONS § 11.20 Responsibilities and...

9 CFR 11.20 - Responsibilities and liabilities of management.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 9 Animals and Animal Products 1 2012-01-01 2012-01-01 false Responsibilities and liabilities of management. 11.20 Section 11.20 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE ANIMAL WELFARE HORSE PROTECTION REGULATIONS § 11.20 Responsibilities and...

Managing 'tail liability'.

PubMed

Frese, Richard C; Weber, Ryan J

2013-11-01

To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

Putting a premium on medical staffs. A novel way to insure physician liability (and loyalty).

PubMed

Jones, T M; O'Hare, P K

1989-05-01

The physician malpractice insurance crisis is having an adverse financial impact on both hospitals and their medical staffs. Innovative hospitals are exploring ways to create insurance arrangements to cover the professional liability of their medical staffs. Hospital risk managers often have theorized that if the same insurer covered both hospitals and their staff physicians, providers and their patients would benefit. These programs--often referred to as "channeling" or "channeled programs"--use a common risk management program, common claims administration, and a common claims defense for insured hospitals and their medical staffs, reducing costs, unfavorable verdicts, and, thus, premiums. Unfortunately only a few commercial carriers now offer such a program. Some hospitals and systems have therefore turned to "captive" insurance companies to provide the benefits of a channeled program. Hospitals or systems and their medical staffs can establish a captive (i.e., a controlled insurance company designed to insure its owners and their affiliates) either offshore (typically in a tax-free jurisdiction such as the Cayman Islands, Barbados, or Bermuda) or onshore (typically in a state with facilitating legislation). The Tax Reform Act of 1986, together with the Liability Risk Retention Act of 1986, generally tips the regulatory balance in favor of onshore captives by allowing these entities to operate as risk retention groups (RRGs).

Identifying and Managing Risk.

ERIC Educational Resources Information Center

Abraham, Janice M.

1999-01-01

The role of the college or university chief financial officer in institutional risk management is (1) to identify risk (physical, casualty, fiscal, business, reputational, workplace safety, legal liability, employment practices, general liability), (2) to develop a campus plan to reduce and control risk, (3) to transfer risk, and (4) to track and…

They're Suing Us? Liability and Risk Management.

ERIC Educational Resources Information Center

Hollander, Patricia A.

1982-01-01

Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…

75 FR 27556 - Agency Information Collection Activities: Final Collection; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-17

... utilization and management prospective insurance liability relative to risk premiums received. DATES: Comments... utilization and management prospective insurance liability relative to risk premiums received. Affected Public... 92-30). SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a part of its...

Community Environmental Response Facilitation Act (CERFA) Report, Sacramento Army Depot, Sacramento, California

DTIC Science & Technology

1994-04-01

Response, Compensation, and Liability Information System CERFA Community Environmental Response Facilitation Act CORTESE State-designated hazardous...waste cleanup sites DESCOM U.S. Army Depot Systems Command DTSC Department of Toxic Substance Control EMD Environmental Management Division EPA U.S...Environmental Protection Agency ERNS Emergency Response Notification system FFA Federal Facility Agreement FINDS Facility index system HWCSA Hazardous

Environmental liability and life-cycle management of used lubricating oils.

PubMed

Guerin, Turlough F

2008-12-30

Used oil handling, as a business, requires an extensive understanding by management that environmental liabilities exist through its supply chain. Findings from a review of the legal requirements of operating a used oil handling business were: understanding the transfer of ownership of used petroleum hydrocarbons is critical to any such business and how this is documented; used oil handlers are responsible for providing training to their staff, including site personnel and any third party waste contractors, and for communicating best practice procedures relating to the management of used petroleum hydrocarbons to all those individuals and organisations involved in business relationships that the used oil handling companies have; used oil handlers should audit the performance of any third party contractors that it engages to conduct work on behalf of its customers. Hypothetical situations of a company planning to enter the used oil handling market are described in relation to petroleum hydrocarbon wastes it handles to illustrate the range of potential liabilities. Companies proposing to establish a used oil handling business should ensure that they provide accurate advice to its employees, its customer's employees and to its third party contractors, all of which may be responsible for handling used petroleum hydrocarbons as part of the service it intends to provide, and that it has a well documented system addressing how environmental issues are managed.

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...

Legal barriers to effective ecosystem management: exploring linkages between liability, regulations, and prescribed fire.

PubMed

Wonkka, Carissa L; Rogers, William E; Kreuter, Urs P

2015-12-01

Resistance to the use of prescribed fire is strong among many private land managers despite the advantages it offers for maintaining fire-adapted ecosystems. Even managers who are aware of the benefits of using prescribed fire as a management tool avoid using it, citing potential liability as a major reason for their aversion. Recognizing the importance of prescribed fire for ecosystem management and the constraints current statutory schemes impose on its use, several states in the United States have undertaken prescribed burn statutory reform. The stated purpose of these statutory reforms, often called "right to burn" or "prescribed burning" acts, is to encourage prescribed burning for resource protection, public safety, and land management. Our research assessed the consequences of prescribed burn statutory reform by identifying legal incentives and impediments to prescribed fire application for ecosystem restoration and management, as well as fuel reduction. Specifically, we explored the relationship between prescribed burning laws and decisions made by land managers by exploiting a geographic-based natural experiment to compare landowner-prescribed fire use in contiguous counties with different regulations and legal liability standards. Controlling for potentially confounding variables, we found that private landowners in counties with gross negligence liability standards burn significantly more hectares than those in counties with simple negligence standards (F6,72 = 4.16, P = 0.046). There was no difference in hectares burned on private land between counties with additional statutorily mandated regulatory requirements and those requiring only a permit to complete a prescribed burn (F6,72 = 1.42, P = 0.24) or between counties with burn ban exemptions for certified prescribed burn managers and those with no exemptions during burn bans (F6,72 = 1.39, P = 0.24). Lawmakers attempting to develop prescribed burning statutes to promote the safe use of prescribed fire should consider the benefits of lower legal liability standards in conjunction with regulatory requirements that promote safety for those managing forests and rangelands with fire. Moreover, ecologists and land managers might be better prepared and motivated to educate stakeholder groups who influence prescribed fire policies if they are cognizant of the manner in which policy regulations and liability concerns create legal barriers that inhibit the implementation of effective ecosystem management strategies.

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...

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

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...

Lock Up Those Lines: Protecting against Phone Fraud.

ERIC Educational Resources Information Center

Schleyer, Peggy E.; Hibner, Dale V.

1996-01-01

School business officials must be aware of potential liabilities associated with Centrex and Private Branch Exchange (PBX). This article describes these systems, presents guidelines for developing a telecommunications management plan, and discusses options to limit toll fraud exposure. PBX owners should implement manufacturers' recommended…

Suicide Prevention: Critical Elements for Managing Suicidal Clients and Counselor Liability Without the Use of a No-Suicide Contract

ERIC Educational Resources Information Center

Lee, Jeane B.; Bartlett, Mary L.

2005-01-01

Despite its entrenchment as a standard of practice, no-suicide contracts fail to achieve their purpose as an effective part of treatment or as an effective method of inoculating counselors against potential lawsuits should a client commit suicide. Critical elements for managing suicidal clients and counselor liability without reliance on the…

41 CFR 301-10.8 - What is my liability if, for personal convenience, I travel by an indirect route or interrupt...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 41 Public Contracts and Property Management 4 2010-07-01 2010-07-01 false What is my liability if, for personal convenience, I travel by an indirect route or interrupt travel by a direct route? 301-10....8 What is my liability if, for personal convenience, I travel by an indirect route or interrupt...

Portable parallel portfolio optimization in the Aurora Financial Management System

NASA Astrophysics Data System (ADS)

Laure, Erwin; Moritsch, Hans

2001-07-01

Financial planning problems are formulated as large scale, stochastic, multiperiod, tree structured optimization problems. An efficient technique for solving this kind of problems is the nested Benders decomposition method. In this paper we present a parallel, portable, asynchronous implementation of this technique. To achieve our portability goals we elected the programming language Java for our implementation and used a high level Java based framework, called OpusJava, for expressing the parallelism potential as well as synchronization constraints. Our implementation is embedded within a modular decision support tool for portfolio and asset liability management, the Aurora Financial Management System.

Accountability: A Watchword for University Administration in Nigeria

ERIC Educational Resources Information Center

Sofoluwe, Abayomi Olumade; Oduwaiye, Rhoda Olape; Ogundele, Michael Olarewaju; Kayode, David Jimoh

2015-01-01

The term accountability means different things to different people in different organizations. In the educational setting, the term is seen as liability to one's accomplishment in the educational system. The ever increasing needs of the universities and the dwindling resources available to them have forced university management and other…

41 CFR 301-51.103 - What is my liability if I lose a GTR?

Code of Federal Regulations, 2010 CFR

2010-07-01

... I lose a GTR? 301-51.103 Section 301-51.103 Public Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES ARRANGING FOR TRAVEL SERVICES, PAYING TRAVEL EXPENSES, AND CLAIMING REIMBURSEMENT 51-PAYING TRAVEL EXPENSES Paying for Common Carrier Transportation...

Managing Campus Security: Issues for Police Officers at Public Institutions.

ERIC Educational Resources Information Center

Dwyer, William O.; And Others

1994-01-01

To maximize the effectiveness of their campus security systems while minimizing the institution's exposure to liability, campus administrators must understand the legal context in which their police or security personnel are operating as agents of authority. Some of these policy and behavior issues are explained. (MSE)

Telecommunications, health care, and legal liability

NASA Astrophysics Data System (ADS)

Levy, Chris

1990-06-01

Regulation of health care telecommunications is fragmented in Canada. Further neither the legislative nor the administrative nor the judicial processes have managed to respond successfully to the impact of telecommunications technology. The result is a legal environment that is necessarily speculative for both telecommunications service providers and health care personnel and facilities. Critical issues include ensuring confidentiality for sensitive patient records and health information liability of telecommunications service providers for inaccurate transmission liability of health care providers for use or non-use of telecommunications services. Limitation of legal liability for both telecommunications and health care service providers is likely to be most effective when based on contract but the creation of the necessary contracts is potentially unduly cumbersome both legally and practically. 1. CONSTITUTIONAL ASPECTS Telecommunications systems that are empowered to operate or connect cross provincial or international boundaries are subject to federal regulation bu the scheme is incomplete in respect of a system set up as a provincial agency. Health care on the other hand is very much a matter of provincial rather than federal authority as a matter of strict law but the fiscal strength of the federal government enables it to provide money to the provinces for financing health care and to4 use this as a device for securing compliance with certain federal standards. Nevertheless the political willingness of the federal health authorities to impose standards on the provinces

75 FR 64785 - Corporate Credit Unions

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-20

...NCUA is issuing final amendments to its rule governing corporate credit unions. The major revisions involve corporate credit union capital, investments, asset-liability management, governance, and credit union service organization (CUSO) activities. The amendments establish a new capital scheme, including risk-based capital requirements; impose new prompt corrective action requirements; place various new limits on corporate investments; impose new asset-liability management controls; amend some corporate governance provisions; and limit a corporate CUSO to categories of services preapproved by NCUA. In addition, this rulemaking contains conforming amendments to rules governing Prompt Corrective Action (for natural person credit unions); Investments and Deposit Activities (for federal credit unions); Administrative Actions, Adjudicative Hearings, Rules of Practice and Procedure, and Investigations; and Involuntary Liquidation of Federal Credit Unions and Adjudication of Creditor Claims Involving Federally Insured Credit Unions. These amendments will strengthen individual corporates and the corporate credit union system as a whole.

75 FR 13135 - Notice of Meeting

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-18

...). Grant applications for the Medical Liability and Safety Demonstration Projects (R18) applications are to... disclosure under the above-cited statutes. SEP Meeting on: Medical Liability and Safety Demonstration.... Bonnie Campbell, Committee Management Officer, Office of Extramural Research, Education and Priority...

Community Partnerships Can Be Risky Business.

ERIC Educational Resources Information Center

Schirick, Ed

2001-01-01

Considers risk management and liability issues in cases of camp partnerships with schools, camp alternatives to incarceration for juvenile offenders, and elder hostel programs. Discusses making contracts, hiring attorneys, identifying risks and responsibilities, insuring volunteers, governmental immunity, liability waivers, additional insured…

Theme: Land Laboratories--Urban Settings, Liability, Natural Resources Labs.

ERIC Educational Resources Information Center

Whaley, David, Ed.; And Others

1994-01-01

Includes "With a Little Imagination"; "From Fallow to Fertile"; "Operating a School Enterprise in Agriculture"; "Using a Nontraditional Greenhouse to Enhance Lab Instruction"; "Risk Management for Liability in Operating Land Laboratories"; "Working Land and Water Laboratory for Natural…

Providing long term care for sex offenders: liabilities and responsibilities.

PubMed

Corson, Tyler Rogers; Nadash, Pamela

2013-11-01

The high risk for recidivism among sex offenders who need long term care (LTC) raises serious issues when they are cared for alongside frail, vulnerable adults. LTC providers must balance offenders' right to access care with other residents' right to be free from abuse and must assess and manage the risks associated with admitting offenders. This article identifies sources of legal liability that derive from sex offender management and discusses the need for the LTC community to develop reasonable, balanced guidance on how best to mitigate the risks associated with sex offenders, protect the rights of all residents, and reduce provider liabilities. Copyright © 2013 American Medical Directors Association, Inc. Published by Elsevier Inc. All rights reserved.

The liability of the hospital librarian. Why you need a professional medical librarian.

PubMed

Herin, N J

1991-01-01

Would you hire a cashier instead of a qualified accountant to manage your hospital's financial department? Certainly not--the stakes are too high. The same test holds for your hospital library: Besides running the risk of possible liability and embarrassment for your hospital, hiring an untrained person to manage your library would not serve the best interests of your medical staff and--most importantly--your patients.

75 FR 13134 - Notice of Meeting

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-18

...)(6). Grant applications for the Medical Liability and Safety Innovation Projects (R21) applications... disclosure under the above- cited statutes. SEP Meeting on: Medical Liability and Safety Innovation Projects..., Committee Management Officer, Office of Extramural Research, Education and Priority Populations, AHRQ, 540...

Warranty Guidebook: A Reference for Use by DoD Managers in Developing, Applying and Administering Warranties

DTIC Science & Technology

1992-10-01

germane and perplexing questions persist: "* How should complex weapon system essential performance characteristics be warranted? "" What should a...conditions be developed? "• Who will administer the warranty and how? "* Under what conditions are such warranties inappropriate? The Department of...warranties define what is to be warranted, the warranty duration, accertable conditions, and the supplier’s liability. However, program managers should not

Office gossip: a surprising source of liability.

PubMed

Gregg, Robert E

2003-01-01

Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

Can managed care reduce employers' retiree medical liability?

PubMed

Taylor, R S; Newton, B

1991-01-01

The Financial Accounting Standards Board (FASB) has forced U.S. companies to look squarely at their current retiree health obligations and their future commitments. Accounting Statement No. 106 (FAS 106) requires employers to accrue liabilities for retiree health benefits during employees' active service, rather than record the costs as benefits are paid. Employers are scrambling to find ways to reduce the statement's effect on corporate balance sheets. While managed health care has been increasingly employed to control benefit costs in active employee health plans, it has not been as popular in retiree plans. This article reviews important demographic and health trends in the retiree population and summarizes employers' early responses to FAS 106. It explores why managed health care has thus far played a limited role in reducing employers' postretirement medical liability, and offers insight into how that role could be increased in the future.

Managing systems faults on the commercial flight deck: Analysis of pilots' organization and prioritization of fault management information

NASA Technical Reports Server (NTRS)

Rogers, William H.

1993-01-01

In rare instances, flight crews of commercial aircraft must manage complex systems faults in addition to all their normal flight tasks. Pilot errors in fault management have been attributed, at least in part, to an incomplete or inaccurate awareness of the fault situation. The current study is part of a program aimed at assuring that the types of information potentially available from an intelligent fault management aiding concept developed at NASA Langley called 'Faultfinde' (see Abbott, Schutte, Palmer, and Ricks, 1987) are an asset rather than a liability: additional information should improve pilot performance and aircraft safety, but it should not confuse, distract, overload, mislead, or generally exacerbate already difficult circumstances.

31 CFR 210.10 - RDFI liability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

31 CFR 210.11 - Limited liability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

Neurological malpractice and nonmalpractice liability.

PubMed

Johnston, James C

2010-05-01

This article provides an overview of the current neurological malpractice trends, and outlines management strategies for several common recurring claims involving headache, stroke, and epilepsy. Selected nonmalpractice liability issues are reviewed, focusing on the unique risks engendered by the forensic expert. Copyright 2010 Elsevier Inc. All rights reserved.

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...

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...

[The legal issue of the present occupational physician system in crisis management of health damage].

PubMed

Yuki, Tomoshi; Hakozaki, Yukiya; Yoshinaga, Takeo; Koizumi, Akio

2004-09-01

In present day Japan, when a crisis like the Bhopal accident occurs, due to defects in the current of industrial health law, effective crisis management cannot be taken to minimize health damage in both workers and residents. The current law characterizes industrial health as a part of the welfare service provided by employers for employees. Nevertheless, the company should be liable for all failure and damage including health impairment as a primary party. Moreover, in an emergency crisis, unlike the case of reparations, it is not accepted to argue whether the company should take absolute liability or not. Accordingly, in such cases, we consider it more appropriate to apply the "Polluter Pays Principle" and the principle of "Liability without Fault" to the company's responsibility. By these rules, the company should mobilize their own professionals, who are experts of managing crises, such as occupational physicians and/or industrial health professionals to minimize health damages among citizens in general. The company should take such a social responsibility in a crisis when it is the primary responsible party to the crisis.

Internship and Consulting Engagements: Management of the University's Liability.

ERIC Educational Resources Information Center

Peak, Daniel A.; O'Hara, Michael J.

1999-01-01

Examines liability incurred by university-sponsored information technology internships and consulting relationships with the business community. In these outreach engagements, the university takes the role of primary insurer for the business client and provides an indemnity shield for the university's representatives. As the number of engagements…

77 FR 3772 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-25

...) requires limited partners, Registered Limited Liability Partnerships (``RLLPs''), and Limited Liability... limited partnership interest. 47 CFR 76.503(g) states ``Prior to acquiring additional multichannel video... for limited partners who are not materially involved, directly or indirectly, in the management or...

Legal Liabilities of Administrators.

ERIC Educational Resources Information Center

Underwood, Julie

This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

Vehicle Safety. Managing Liability Series.

ERIC Educational Resources Information Center

Newby, Deborah, Ed.

This monograph discusses the safety of vehicles owned, leased, maintained, and operated by colleges and universities. First, the risks by colleges and universities is discussed. First, the risks associated with college vehicles are outlined, including the liability that comes with staff/faculty and student drivers and such special concerns as…

Understanding What Is in Your Insurance Policies.

ERIC Educational Resources Information Center

Kahn, Steven P.

This document outlines the various types of insurance policies and their functions to help school administrators improve their management of risk. Eight exhibits highlight information on the following topics: the five basic sections of all insurance policies; key property insurance clauses; general liability; school board legal liability; the…

Intranet-based safety documentation in management of major hazards and occupational health and safety.

PubMed

Leino, Antti

2002-01-01

In the European Union, Council Directive 96/82/EC requires operators producing, using, or handling significant amounts of dangerous substances to improve their safety management systems in order to better manage the major accident potentials deriving from human error. A new safety management system for the Viikinmäki wastewater treatment plant in Helsinki, Finland, was implemented in this study. The system was designed to comply with both the new safety liabilities and the requirements of OHSAS 18001 (British Standards Institute, 1999). During the implementation phase experiences were gathered from the development processes in this small organisation. The complete documentation was placed in the intranet of the plant. Hyperlinks between documents were created to ensure convenience of use. Documentation was made accessible for all workers from every workstation.

State Liability for Abuse in Primary Schools: Systemic Failure and "O'Keeffe" v. "Hickey"

ERIC Educational Resources Information Center

O'Mahony, Conor

2009-01-01

Due to the historical arrangement between Church and State, the Irish State has always discharged its duty to provide for free primary education exclusively through the provision of funding to privately owned and managed schools. Consequently, in "O'Keeffe" v. "Hickey," where a woman sued the State in respect of sex abuse she…

40 CFR 281.39 - Lender liability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... management of the UST or UST system as defined under § 280.210 of this chapter, and who does not engage in petroleum production, refining, and marketing as defined under § 280.200(b) of this chapter is not: (A) An..., provided the holder is not in control of or does not have responsibility for the daily operation of the UST...

17 CFR Appendix A to Part 4 - Guidance on the Application of Rule 4.13(a)(3) in the Fund-of-Funds Context

Code of Federal Regulations, 2010 CFR

2010-04-01

... each investee fund that trades commodity interests as a passive investor, with limited liability (e.g., as a limited partner of a limited partnership or a non-managing member of a limited liability company...

31 CFR 223.9 - Valuation of assets and liabilities.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING BUSINESS...

31 CFR 223.9 - Valuation of assets and liabilities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance:Treasury 2 2013-07-01 2013-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING BUSINESS...

31 CFR 223.9 - Valuation of assets and liabilities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance:Treasury 2 2011-07-01 2011-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING BUSINESS...

31 CFR 223.9 - Valuation of assets and liabilities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 31 Money and Finance:Treasury 2 2012-07-01 2012-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING BUSINESS...

Assessment of tort liability risk management in the Virginia Department of Transportation : final report.

DOT National Transportation Integrated Search

1988-01-01

The Virginia Department of Transportation (VDOT) faces a growing tort liability problem. Under the Virginia Tort Claims Act, VOOT is liable for up to $75,000 for negligent or wrongful acts or omissions committed by its employees within the scope of t...

77 FR 74228 - Lord, Abbett & Co. LLC, et al.; Notice of Application

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-13

... as an open-end management investment company. Lord Abbett, a Delaware limited liability company, is... New York limited liability company, and is a registered broker-dealer under the Securities Exchange... SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 30297; File No. 812-14047...

Liability and Risk Management for Continuing Education Professionals.

ERIC Educational Resources Information Center

Cote, Lawrence S.; And Others

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

Prevention of hospital liability for granting privileges to unqualified physicians.

PubMed

Sundermeyer, M S; Murphy, P A

1995-04-01

The rise in medical malpractice claims has resulted in the widespread development of risk management programs. These programs have relevance to the practice of gastrointestinal endoscopy with regard to identifying and addressing factors that place the gastrointestinal endoscopist and his or her patient at risk for procedure-related complications and adverse outcomes. Illustrative clinical examples and commentary regarding gastrointestinal endoscopy as it relates to the tort of professional liability are provided. Recommendations regarding gastrointestinal risk management are formulated.

Database Approach for Resource Management at ROK (Republic of Korea) Army Division Level.

DTIC Science & Technology

1987-12-01

found in the general ledger at that unit activity. Major Classification Account series Asset accounts 1000 - 1999 Liability accounts 2000 - 2999...shludge Suplie -Maeil-W." mt~a eiin R Dai V-xp uni EQUIPME NT Figure 5.2 Logical model of DRMS. 66 -0• P Entities of the resource management system...through the company level around the division and identifies the chain of command of a unit. . C. Structure (1) 1st digit: units classified into their

Athletic Liability: Managing Liability in Athletics and Physical Education.

ERIC Educational Resources Information Center

Association of School Business Officials International, Reston, VA.

The trend toward more litigation and higher monetary awards in cases of injury of student athletes is a threat to school athletic programs. This document is a workshop aid for addressing legal issues surrounding student athletic activities, in particular, those involving the safety and health of student athletes, injury prevention, and preparation…

31 CFR 223.13 - Full penalty of the obligation regarded as the liability; exceptions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Full penalty of the obligation regarded as the liability; exceptions. 223.13 Section 223.13 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT...

31 CFR 223.13 - Full penalty of the obligation regarded as the liability; exceptions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance:Treasury 2 2011-07-01 2011-07-01 false Full penalty of the obligation regarded as the liability; exceptions. 223.13 Section 223.13 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT...

31 CFR 223.13 - Full penalty of the obligation regarded as the liability; exceptions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 31 Money and Finance:Treasury 2 2012-07-01 2012-07-01 false Full penalty of the obligation regarded as the liability; exceptions. 223.13 Section 223.13 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT...

31 CFR 223.13 - Full penalty of the obligation regarded as the liability; exceptions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance:Treasury 2 2013-07-01 2013-07-01 false Full penalty of the obligation regarded as the liability; exceptions. 223.13 Section 223.13 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT...

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

Chen, Allan; Mills, Evan; Vine, Edward.

The promotion of technologies and services for insurance loss reduction and loss prevention is as old as the fields of insurance and risk management. This report addresses a new category of risk management opportunity involving technologies and procedures that use energy more efficiently or supply renewable energy. While the economic benefits of these measures are of interest to energy consumers seeking to reduce their energy expenditures, we have found that they also offer a novel and largely untapped pathway for achieving traditional risk management objectives. Most of the technologies described in this report were supported by government- sponsored RD Dmore » programs over many years of effort. These technologies have many benefits, including insurance loss reduction and prevention. The insurance and risk management communities could take advantage of these technologies, either independently or in cost-sharing partnerships with existing R D programs. In this report, we present a compilation of energy-efficiency and renewable energy projects (e.g., energy-efficient halogen torchiere replacements) and techniques (e.g., infrared cameras to detect fire hazards) that are currently being investigated at the U.S. Department of Energy's national laboratories and which the insurance and risk management communities could encourage their customers to use to address their short-term and long-term needs. Once the loss-prevention benefits of these technologies and techniques (many of which are not yet available in the marketplace) are sufficiently demonstrated, insurers can promote their use through informational programs and perhaps financial incentives (e.g., risk-adjusted insurance premium schemes) through the insurance regulatory and rate-making processes. We identified 78 technologies and techniques being investigated by nine national laboratories which can help to reduce insurance losses and manage risks, especially those associated with power failures, fire and wind damage, and home or workplace indoor air quality hazards. All help to reduce insurance losses in one or more of the following categories: boiler and machinery, builder's risk, business interruption, commercial property insurance, completed operations liability, comprehensive general liability, contractors liability, environmental liability, product liability, professional liability, service interruption, workers' compensation, health/life insurance, and homeowners insurance. We identify examples of existing collaborations between the national laboratories and the insurance industry, and indicate research activities being conducted by the insurance and risk management communities that would benefit from the work of the national laboratories. We also describe some of the risk factors associated with energy-efficient and renewable energy technologies. For the future, significant progress could be made through interdisciplinary collaborative applied research (i.e., integrating the actuarial sciences with the physical or engineering sciences). This collaboration could be sponsored jointly by the U.S. Department of Energy and the insurance and risk management communities (as well as working through the insurance regulatory and rate-making processes).« less

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

Chen, Allan; Mills, Evan; Vine, Edward

The promotion of technologies and services for insurance loss reduction and loss prevention is as old as the fields of insurance and risk management. This report addresses a new category of risk management opportunity involving technologies and procedures that use energy more efficiently or supply renewable energy. While the economic benefits of these measures are of interest to energy consumers seeking to reduce their energy expenditures, we have found that they also offer a novel and largely untapped pathway for achieving traditional risk management objectives. Most of the technologies described in this report were supported by government- sponsored RD&D programsmore » over many years of effort. These technologies have many benefits, including insurance loss reduction and prevention. The insurance and risk management communities could take advantage of these technologies, either independently or in cost-sharing partnerships with existing R&D programs. In this report, we present a compilation of energy-efficiency and renewable energy projects (e.g., energy-efficient halogen torchiere replacements) and techniques (e.g., infrared cameras to detect fire hazards) that are currently being investigated at the U.S. Department of Energy's national laboratories and which the insurance and risk management communities could encourage their customers to use to address their short-term and long-term needs. Once the loss-prevention benefits of these technologies and techniques (many of which are not yet available in the marketplace) are sufficiently demonstrated, insurers can promote their use through informational programs and perhaps financial incentives (e.g., risk-adjusted insurance premium schemes) through the insurance regulatory and rate-making processes. We identified 78 technologies and techniques being investigated by nine national laboratories which can help to reduce insurance losses and manage risks, especially those associated with power failures, fire and wind damage, and home or workplace indoor air quality hazards. All help to reduce insurance losses in one or more of the following categories: boiler and machinery, builder's risk, business interruption, commercial property insurance, completed operations liability, comprehensive general liability, contractors liability, environmental liability, product liability, professional liability, service interruption, workers' compensation, health/life insurance, and homeowners insurance. We identify examples of existing collaborations between the national laboratories and the insurance industry, and indicate research activities being conducted by the insurance and risk management communities that would benefit from the work of the national laboratories. We also describe some of the risk factors associated with energy-efficient and renewable energy technologies. For the future, significant progress could be made through interdisciplinary collaborative applied research (i.e., integrating the actuarial sciences with the "physical" or "engineering" sciences). This collaboration could be sponsored jointly by the U.S. Department of Energy and the insurance and risk management communities (as well as working through the insurance regulatory and rate-making processes).« less

Risk evaluation and mitigation strategies for drugs with abuse liability: public interest, special interest, conflicts of interest, and the industry perspective.

PubMed

Wright, Curtis; Schnoll, Sidney; Bernstein, David

2008-10-01

Risk evaluation and mitigation strategies (REMS) formerly known as Risk Minimization Action Plans (RiskMAPs) are a regulatory technique for dealing with anticipated risks of new medications and are especially important for new drugs with abuse potential. This paper describes the origin and history of risk-management plans for drugs that might be abused, the proper use of these plans in minimizing the risk to the public, and the special difficulties inherent in managing risks for drugs with abuse potential. Drugs with abuse liability are distinctive since the risks inherent in manufacture and distribution include not only risks to patients prescribed the medications, but also risks to the general public including subgroups in the population not intended to get the drug and who receive no medical benefit from the medication. The crafting of risk-management plans intended to protect nonpatient populations is unique for these products. The content, extent, and level of intensity of these plans affect areas of medical ethics, civil liability, and criminal prosecution. The need for risk-management plans for drugs with abuse liability can potentially act as a deterrent to investment and is a factor in decisions concerning the development of new medications for the treatments of pain, ADHD, anxiety disorders, and addictions. This paper provides a framework for moving the process of REMS development forward and criteria for evaluating the probity and adequacy of such programs.

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.

Endometrial Cancer

MedlinePlus

... Bulletins Patient Education Green Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your Practice Patient Safety & Quality Payment Reform (MACRA) Education & Events Annual Meeting CME ...

30 CFR 285.532 - What happens if my surety wants to terminate the period of liability of my bond?

Code of Federal Regulations, 2011 CFR

2011-07-01

... must provide a replacement bond or alternative form of financial assurance of equivalent or greater... the period of liability of my bond? 285.532 Section 285.532 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY ALTERNATE USES...

A path integral approach to asset-liability management

NASA Astrophysics Data System (ADS)

Decamps, Marc; De Schepper, Ann; Goovaerts, Marc

2006-05-01

Functional integrals constitute a powerful tool in the investigation of financial models. In the recent econophysics literature, this technique was successfully used for the pricing of a number of derivative securities. In the present contribution, we introduce this approach to the field of asset-liability management. We work with a representation of cash flows by means of a two-dimensional delta-function perturbation, in the case of a Brownian model and a geometric Brownian model. We derive closed-form solutions for a finite horizon ALM policy. The results are numerically and graphically illustrated.

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...

Exercise during Pregnancy

MedlinePlus

... Bulletins Patient Education Green Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your Practice Patient Safety & Quality Payment Reform (MACRA) Education & Events Annual Meeting CME ...

Dysmenorrhea: Painful Periods

MedlinePlus

... Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your Practice Patient Safety & Quality Payment Reform (MACRA) Education & Events Annual Meeting CME Overview CREOG Meetings Calendar ...

Effect of a health system's medical error disclosure program on gastroenterology-related claims rates and costs.

PubMed

Adams, Megan A; Elmunzer, B Joseph; Scheiman, James M

2014-04-01

In 2001, the University of Michigan Health System (UMHS) implemented a novel medical error disclosure program. This study analyzes the effect of this program on gastroenterology (GI)-related claims and costs. This was a review of claims in the UMHS Risk Management Database (1990-2010), naming a gastroenterologist. Claims were classified according to pre-determined categories. Claims data, including incident date, date of resolution, and total liability dollars, were reviewed. Mean total liability incurred per claim in the pre- and post-implementation eras was compared. Patient encounter data from the Division of Gastroenterology was also reviewed in order to benchmark claims data with changes in clinical volume. There were 238,911 GI encounters in the pre-implementation era and 411,944 in the post-implementation era. A total of 66 encounters resulted in claims: 38 in the pre-implementation era and 28 in the post-implementation era. Of the total number of claims, 15.2% alleged delay in diagnosis/misdiagnosis, 42.4% related to a procedure, and 42.4% involved improper management, treatment, or monitoring. The reduction in the proportion of encounters resulting in claims was statistically significant (P=0.001), as was the reduction in time to claim resolution (1,000 vs. 460 days) (P<0.0001). There was also a reduction in the mean total liability per claim ($167,309 pre vs. $81,107 post, 95% confidence interval: 33682.5-300936.2 pre vs. 1687.8-160526.7 post). Implementation of a novel medical error disclosure program, promoting transparency and quality improvement, not only decreased the number of GI-related claims per patient encounter, but also dramatically shortened the time to claim resolution.

EMAC Volunteers: Liability and Workers’ Compensation

PubMed Central

Lopez, Wilfredo; Kershner, Stacie P.; Penn, Matthew S.

2015-01-01

The Emergency Management Assistance Compact (EMAC) provides a mechanism for states to assist each other during natural disasters and other emergencies. Congress ratified EMAC in 1996, and all 50 states and 3 territories have adopted it. EMAC allows a state affected by a disaster to request personnel and materiel from another state. For personnel requests, EMAC provides that the requesting state cover the tort liability and the responding state cover the workers’ compensation liability. This article discusses the limitations of EMAC in deploying volunteers and how the Uniform Emergency Volunteer Health Practitioners Act and other provisions address those limitations. PMID:24041195

Epidemiology of dental professional liability.

PubMed

Montagna, F; Cortesini, C; Manca, R; Montagna, L; Piras, A; Manfredini, D

2011-04-01

The aim of this article is to collect data relating to dental professional liability in Italy and provide a common platform for discussions among clinicians, legal medicine practitioners, and experts in law. On the basis of two different dental-legal statistical samples (1,670 reports of legal dental experts and 320 civil court decisions) we analyzed the dental professional liability lawsuit in the areas of distribution of lawsuits among the different dental specialties, recurrence and type of errors, outcome of civil suits, parameters of compensation. Some ideas are also proposed for possible strategies in the management of clinical risk (prevention of errors) and court proceedings.

Risk Management Issues When Taking Locum Tenens Assignments.

PubMed

Cash, Charles D

2017-01-01

This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc. (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation, education and onsite risk management audits, and other resources to healthcare providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers may provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so "clinician" is used to indicate all treatment team members.

Managing Your Aging Patient Population

PubMed Central

McNary, Ann L.

2017-01-01

This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc. (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation, education and onsite risk management audits, and other resources to healthcare providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers may provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so “clinician” is used to indicate all treatment team members. PMID:28584697

Risk Management Issues When Taking Locum Tenens Assignments

PubMed Central

Cash, Charles D.

2017-01-01

This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc. (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation, education and onsite risk management audits, and other resources to healthcare providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers may provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so “clinician” is used to indicate all treatment team members. PMID:28386523

Media and Body Image

MedlinePlus

... Bulletins Patient Education Green Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your Practice Patient Safety & Quality Payment Reform (MACRA) Education & Events Annual Meeting CME ...

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. ...

26 CFR 301.6231(a)(7)-2 - Designation or selection of tax matters partner for a limited liability company (LLC).

Code of Federal Regulations, 2010 CFR

2010-04-01

... management decisions necessary to conduct the business for which the organization was formed. Generally, an...) Definitions—(1) LLC. Solely for purposes of this section, LLC means an organization— (i) Formed under a law that allows the limitation of the liability of all members for the organization's debts and other...

26 CFR 301.6231(a)(7)-2 - Designation or selection of tax matters partner for a limited liability company (LLC).

Code of Federal Regulations, 2011 CFR

2011-04-01

... management decisions necessary to conduct the business for which the organization was formed. Generally, an...) Definitions—(1) LLC. Solely for purposes of this section, LLC means an organization— (i) Formed under a law that allows the limitation of the liability of all members for the organization's debts and other...

78 FR 23934 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-23

... limited liability company, individually, with Stephen L. LaFrance, Jr., Little Rock, Arkansas, as the sole manager, and LAF-GW and Stephen L. LaFrance, Jr., together as a group acting in concert with JSJ Properties, LLC, a Missouri limited liability company, with Stephen L. LaFrance, Jr., Jason P. LaFrance, and...

Hereditary neuropathy with liability to pressure palsies occurring during military training.

PubMed

Delacour, H; Bompaire, F; Biale, L; Sallansonnet-Froment, M; Ceppa, F; Burnat, P

2012-03-01

Hereditary neuropathy with liability to pressure palsies (HNPP) is an autosomal-dominant peripheral neuropathy characterized by recurrent isolated nerve palsies, which are precipitated by trivial compression and trauma. Although HNPP has been well-described in literature, it often goes unrecognized. We report a case of HNPP occurring during military training to promote recognition and proper management of this entity.

30 CFR 585.532 - What happens if my surety wants to terminate the period of liability of my bond?

Code of Federal Regulations, 2012 CFR

2012-07-01

... provide a replacement bond or alternative form of financial assurance of equivalent or greater value. BOEM... the period of liability of my bond? 585.532 Section 585.532 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON...

30 CFR 585.532 - What happens if my surety wants to terminate the period of liability of my bond?

Code of Federal Regulations, 2014 CFR

2014-07-01

... provide a replacement bond or alternative form of financial assurance of equivalent or greater value. BOEM... the period of liability of my bond? 585.532 Section 585.532 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON...

30 CFR 585.532 - What happens if my surety wants to terminate the period of liability of my bond?

Code of Federal Regulations, 2013 CFR

2013-07-01

... provide a replacement bond or alternative form of financial assurance of equivalent or greater value. BOEM... the period of liability of my bond? 585.532 Section 585.532 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON...

Ambulatory obstetrical care: strategies to reduce telephone liability.

PubMed

Phelan, J P

1998-09-01

The telephone will become the centerpiece of ambulatory care services. As such, a pertinent aspect of office procedures will necessarily include a protocol to manage and document telephone calls. Encourage your office staff to use good telephone manners, as listed in Table 5. The net result should be a reduction in telephone liability risks and an enhanced reputation for your office.

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. ...

Integrating legal liabilities in nanomanufacturing risk management.

PubMed

Mohan, Mayank; Trump, Benjamin D; Bates, Matthew E; Monica, John C; Linkov, Igor

2012-08-07

Among other things, the wide-scale development and use of nanomaterials is expected to produce costly regulatory and civil liabilities for nanomanufacturers due to lingering uncertainties, unanticipated effects, and potential toxicity. The life-cycle environmental, health, and safety (EHS) risks of nanomaterials are currently being studied, but the corresponding legal risks have not been systematically addressed. With the aid of a systematic approach that holistically evaluates and accounts for uncertainties about the inherent properties of nanomaterials, it is possible to provide an order of magnitude estimate of liability risks from regulatory and litigious sources based on current knowledge. In this work, we present a conceptual framework for integrating estimated legal liabilities with EHS risks across nanomaterial life-cycle stages using empirical knowledge in the field, scientific and legal judgment, probabilistic risk assessment, and multicriteria decision analysis. Such estimates will provide investors and operators with a basis to compare different technologies and practices and will also inform regulatory and legislative bodies in determining standards that balance risks with technical advancement. We illustrate the framework through the hypothetical case of a manufacturer of nanoscale titanium dioxide and use the resulting expected legal costs to evaluate alternative risk-management actions.

Decision support system and medical liability.

PubMed Central

Allaërt, F. A.; Dusserre, L.

1992-01-01

Expert systems, which are going to be an essential tool in Medicine, are evolving in terms of sophistication of both knowledge representation and types of reasoning models used. The more efficient they are, the more often they will be used and professional liability will be involved. So after giving a short survey of configuration and working of expert systems, the authors will study the liabilities of people building and the using expert systems regarding some various dysfunctions. Of course the expert systems have to be considered only for human support and they should not possess any authority themselves, therefore the doctors must keep in mind that it is their own responsibility and as such keep their judgment and criticism. However other professionals could be involved, if they have participated in the building of expert systems. The different liabilities and the burden of proof are discussed according to some possible dysfunctions. In any case the final proof is inside the expert system by itself through re-computation of data. PMID:1482972

Professional liability insurance in Obstetrics and Gynaecology: estimate of the level of knowledge about malpractice insurance policies and definition of an informative tool for the management of the professional activity

PubMed Central

2011-01-01

Background In recent years, due to the increasingly hostile environment in the medical malpractice field and related lawsuits in Italy, physicians began informing themselves regarding their comprehensive medical malpractice coverage. Methods In order to estimate the level of knowledge of medical professionals on liability insurance coverage for healthcare malpractice, a sample of 60 hospital health professionals of the obstetrics and gynaecology area of Messina (Sicily, Italy) were recluted. A survey was administered to evaluate their knowledge as to the meaning of professional liability insurance coverage but above all on the most frequent policy forms ("loss occurrence", "claims made" and "I-II risk"). Professionals were classified according to age and professional title and descriptive statistics were calculated for all the professional groups and answers. Results Most of the surveyed professionals were unaware or had very bad knowledge of the professional liability insurance coverage negotiated by the general manager, so most of the personnel believed it useful to subscribe individual "private" policies. Several subjects declared they were aware of the possibility of obtaining an extended coverage for gross negligence and substantially all the surveyed had never seen the loss occurrence and claims made form of the policy. Moreover, the sample was practically unaware of the related issues about insurance coverage for damages related to breaches on informed consent. The results revealed the relative lack of knowledge--among the operators in the field of obstetrics and gynaecology--of the effective coverage provided by the policies signed by the hospital managers for damages in medical malpractice. The authors thus proposed a useful information tool to help professionals working in obstetrics and gynaecology regarding aspects of insurance coverage provided on the basis of Italian civil law. Conclusion Italy must introduce a compulsory insurance system which could absorb, through a mechanism of "distribution of risk", the malpractice litigation and its costs. This will provide compensation in accidental cases where it wouldn't be possible to demonstrate carelessness, imprudence and/or lack of skill. PMID:22176996

Staying Active: Physical Activity and Exercise

MedlinePlus

... Bulletins Patient Education Green Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your Practice Patient Safety & Quality Payment Reform (MACRA) Education & Events Annual Meeting CME ...

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...

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...

Ransomware: Minimizing the Risks.

PubMed

Pope, Justin

2016-01-01

This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc. (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation, education and onsite risk management audits, and other resources to healthcare providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers may provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so "clinician" is used to indicate all treatment team members.

Ransomware: Minimizing the Risks

PubMed Central

Pope, Justin

2016-01-01

This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc. (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation, education and onsite risk management audits, and other resources to healthcare providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers may provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so “clinician” is used to indicate all treatment team members. PMID:28210525

Maternity care and liability: least promising policy strategies for improvement.

PubMed

Sakala, Carol; Yang, Y Tony; Corry, Maureen P

2013-01-01

The present liability system is not serving well childbearing women and newborns, maternity care clinicians, or those who pay for maternity care. Examination of evidence about the impact of this system on maternity care led us to identify seven aims for a high-functioning liability system in this clinical context. Herein, we identify policy strategies that are unlikely to meet the proposed criteria and contribute to needed improvements. A companion paper considers more promising strategies. We considered whether 25 strategies that have been used or proposed for improvement have met or could meet the seven aims. We used a best available evidence approach and drew on more recent empirical legal studies and health services research about maternity care and liability, when available, and considered other studies when unavailable. Fifteen strategies seem to have little potential to improve liability matters in maternity care. Despite support for capping non-economic damages, a series of studies has found a modest impact at best on maternity care. Maternity-specific studies also do not lend support to tort reforms collectively and several other specific tort reforms. Some tort alternative and liability insurance reform strategies have narrow aims and are not policy priorities. Caps on non-economic damages and other tort reforms have narrow aims and have been marginally effective at best in the context of maternity care. Several other possible reforms similarly are not promising. Continued focus on these strategies is unlikely to result in the high-performing liability system that maternity care stakeholders need. Copyright © 2013 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

Superfund Site Information

EPA Pesticide Factsheets

This asset includes a number of individual data sets related to site-specific information for Superfund, which is governed under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, which was amended by the Superfund Amendments and Reauthorization Act (SARA) in 1986. The Superfund Enterprise Management System (SEMS) contains basic site description, location, schedule of activities, enforcement and settlement data, contaminants and selected remedy and much more, as well as the records that clearly document site decisions. This asset also includes sampling data and lab results (CLPSS, EDDs), redevelopment and technical assistance case studies, site reuse and land revitalization information, EPAOSC.net information, Superfund Technical Assistance Grants information, site management information records (RODs, Remediation plans, cleanup directives), contract management information, and more.Superfund site management information can also be found in agency wide systems such as EAS and COMPASS.

How to Fund Cancellation Ceilings on Multiyear Defense Contracts: A Risk Pooling Alternative

DTIC Science & Technology

1985-01-01

R t- Government faces a termination liability after the first year of the contract for EOQ material. This causes a need for higher authorizations...le items to the Defense inventory. EOQ liability on multiyear programs is currently fully funded to guarantee delivery of all prior- year systems...ýach program years’ buy of systems and the entire EOQ liability each year. -- Best satisfies Congress’ desire for protection against long-term

Your First Period

MedlinePlus

... your menstrual flow. They come in different sizes, styles, and thicknesses. Some have extra material on the ... Bulletins Patient Education Green Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your ...

Negligent hiring liability--a primer for healthcare administrators.

PubMed

Bates, Norman D

2008-01-01

Healthcare institutions are particularly vulnerable to negligent hiring liability which holds employers responsible for their employees' improper conduct. Several methods are simple and inexpensive yet many employers neglect to employ them effectively, the author, an attorney and security management consultant, points out. In this article, he spells out what can be done to screen applicants to avoid and/or better defend against negligent hiring lawsuits.

Liability and Safety in Physical Education and Sport: A Practitioner's Guide to the Legal Aspects of Teaching and Coaching in Elementary and Secondary Schools.

ERIC Educational Resources Information Center

Hart, James E.; Ritson, Robert J.

Physical education and athletic staffs have numerous opportunities to become entangled in legal disputes. The information in this guide offers guidance for safer athletic programs and management of risk while reinforcing sound educational practice. The guide provides an overview of tort liability and negligence theory, followed by a discussion of…

Crime on Campus: Analyzing and Managing the Increasing Risk of Institutional Liability. The Publication Series.

ERIC Educational Resources Information Center

Burling, Philip

This monograph reviews a college or university's responsibility for incidents of crime occurring on its campus or in the course of its programs. Part 1 reviews the legal analyses which courts undertake in responding to claims that, under common tort law or contract theories, liability for the injuries suffered by a person ought to be shifted from…

Risk Management in Cocurricular Activities.

ERIC Educational Resources Information Center

Webb, Edward M.

1988-01-01

Discusses risk management for colleges' cocurricular activities. Discusses tort liability, contributory negligence, and assumption of risk. Provides six concrete steps for managing risks responsibly and professionally: adopting an educational mission statement, assigning risk to others, establishing safety standards, training club advisors,…

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...

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...

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 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...

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.

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.…

Personal Retirement Accounts and Saving†

PubMed Central

Aguila, Emma

2017-01-01

Aging populations are leading countries worldwide to social security reforms. Many countries are moving from pay-as-you-go to personal retirement account (PRA) systems because of their financial sustainability and positive impact on private savings. PRA systems boost private savings at a macro level by converting a government liability into financial wealth managed by private fund managers. However, at a micro level, changes in retirement wealth affect individuals' saving and consumption patterns through their working lives. Retirement wealth increased for lower-income workers after Mexico introduced PRAs, crowding out saving, increasing consumption, and offsetting some of the PRA effect on private savings. (JEL D14, E21, H55, J26, O16) PMID:28286607

[Risk management from the judicial perspective].

PubMed

Ulsenheimer, Klaus

2003-11-01

The jurisdification of medicine is an unstoppable force that finds its visible expression in a medical liability boom which--apart from the negative impact of legal and out-of-court proceedings on the bond of the doctor-patient relationship--bears considerable economic disadvantages for the providers of care. It is therefore necessary to fight in particular the legally influenced causes of medical liability for which risk management seems to be a suitable, effective tool. As the examples taken from the jurisdiction in the organisational sector will demonstrate, risk management pinpoints the sources of trouble so that we are able to learn from current errors and provide appropriate remedies for the future. Risk management, though, is not a "unique event", but a dynamic, repetitive process that has to be institutionally secured by appointing a risk manager so that the proposals discussed, recommendations and essential measures can actually be implemented.

Specialty pharmacies and other restricted drug distribution systems: financial and safety considerations for patients and health-system pharmacists.

PubMed

Kirschenbaum, Bonnie E

2009-12-15

To discuss the role of restricted drug distribution systems in the implementation of risk evaluation and mitigation strategies (REMS), health-system pharmacists' concerns associated with the use of specialty pharmacies and other restricted drug distribution systems, reimbursement policies for high-cost specialty drugs, supply chain models for traditional and specialty drugs, and emerging trends in the management of and reimbursement for specialty pharmaceuticals. Restricted drug distribution systems established by pharmaceutical manufacturers, specialty pharmacies, or other specialty suppliers may be a component of REMS, which are required by the Food and Drug Administration for the management of known or potential serious risks from certain drugs. Concerns of health-system pharmacists using specialty suppliers include access to pharmaceuticals, operational challenges, product integrity, financial implications, continuity of care, and patient safety. An ambulatory care patient taking a specialty drug product from home to a hospital outpatient clinic or inpatient setting for administration, a practice known as "brown bagging," raises concerns about product integrity and institutional liability. An institution's finances, tolerance for liability, and ability to skillfully manage the processes involved often determine its choice between an approach that prohibits brown bagging but is costly and one that permits the practice under certain conditions and is less costly. The recent shift from a traditional supply chain model to a specialty pharmacy supply chain model for high-cost pharmaceuticals has the potential to increase pharmaceutical costs for health systems. A dialogue is needed between health-system pharmacists and group purchasing organizations to address the latter's role in mitigating the financial implications of this change and to help clarify the safety issues. Some health plans have shifted part of the cost of expensive drugs to patients by establishing a fourth tier of drugs with a large copayment based on a substantial percentage of the cost of the drug. The number and cost of specialty drugs are expected to increase in the future. New approaches and reimbursement models are emerging to manage the high cost of new pharmaceuticals. Health-system pharmacists can improve drug safety and manage costs by collaborating with group purchasing organizations, establishing policies for brown bagging, and making efforts to reconcile drug therapy provided in different settings through traditional drug channels and specialty pharmacies or other restricted drug distribution systems.

Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities; liability coverage requirements--Environmental Protection Agency. Final rule and notice of extension of effective date.

PubMed

1982-07-13

The effective date for qualifications of insurers providing liability insurance used to satisfy liability coverage requirements applicable to owners or operators of hazardous waste management facilities, as such requirements are included in 40 CFR Parts 264 and 265, is extended from July 15, 1982, to October 16, 1982. The effective date for the rest of the liability coverage requirements remains July 15, 1982. This extension is being provided to allow 6 months between the date of promulgation and the effective date for the insurer qualification provision, in accordance with Section 3010(b) of the Resource Conservation and Recovery Act of 1976, as amended. During the period between July 15 and October 16, 1982, owners or operators may use certificates of insurance or policy endorsements that do not certify to the qualifications of the insurer.

The Potential of Expanded Arbitration in Resolving Title VII Claims in Light of Alexander v. Gardner-Denver and New Equal Employment Opportunity Commission Policy

ERIC Educational Resources Information Center

Boyer, Laura G.

1976-01-01

Potential Title VII financial liability, not only for lawyer's fees and court costs, but also for back pay awards, should provide the needed stimulus for union and management to accept altered arbitration as a method of resolving employment discrimination claims. Altered arbitration would be an effective way to limit their financial liability.…

Specialized due diligence called for on Medicare/Medicaid issues in health care acquisitions.

PubMed

Vernaglia, Lawrence W; Herman, Dimitry S; Ziegler, Rachel Schneller

2005-01-01

A careful and comprehensive due diligence process is mission-critical to the success of any complex business acquisition. In heavily regulated industries such as health care, a buyer's greatest risks can arise from practices relating to Medicare, Medicaid, and other governmental payors. In particular, the rules of "successor liability" for the seller's sins are fundamentally different in a health care transaction than in other traditional corporate acquisitions. These liabilities may attach not only for expected business debts, but also for unexpected and draconian penalties available as remedies under the False Claims Act, Civil Money Penalties Law, and a number of other enforcement authorities. In addition, because critical cash flow depends on accepting certain liabilities of the seller, in the health care context these risks may be voluntarily assumed. Thus, here, due diligence is not just about finding "deal breakers," it is about helping the provider's management team understand the financial and risk-management components of the transaction at hand.

Training Manual for Human Service Risk Managers. Final Report.

ERIC Educational Resources Information Center

Davis, Frank W.; And Others

This manual is designed to educate human service agency management personnel involved in transportation about basic risk management principles and insurance issues. Chapter I illustrates the liability factors that create the insurance and risk management needs. Both legal and humanitarian obligations of human service agencies involved in…

76 FR 72410 - Proposed Agency Information Collection Activities: Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-23

..., an information collection unless it displays a currently valid Office of Management and Budget (OMB... the agencies by mail to the Office of Information and Regulatory Affairs, U.S. Office of Management... management or funding or liability management, or the responsibility for recordkeeping in respect of assets...

Workshop report : joint workshop on liability issues in advanced vehicle control and automated highway systems

DOT National Transportation Integrated Search

1997-02-05

The National Automated Highway System Consortium (NAHSC), ITS America and the American Association of State Highway & Transportation Officials (AASHTO) co-sponsored a two-day workshop in Washington, DC on February 5-6, 1997 to examine the liability i...

48 CFR 1327.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 5 2013-10-01 2013-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and...

48 CFR 1327.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and...

48 CFR 1327.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and...

48 CFR 1327.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 5 2012-10-01 2012-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and...

48 CFR 1327.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 5 2014-10-01 2014-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and...

Prenatal Genetic Testing Chart

MedlinePlus

... www.acog.org/Patients/FAQs/Prenatal-Genetic-Diagnostic-Tests › › Resources & Publications Committee Opinions Practice Bulletins Patient Education Green Journal Clinical Updates Practice Management Coding Health Info Technology Professional Liability Managing Your Practice Patient Safety & Quality ...

75 FR 5715 - Identification of Additional Classes of Facilities for Development of Financial Responsibility...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-04

... addition, the Agency identified the Waste Management and Remediation Services industry (NAICS 562), the... Liability Act (CERCLA). In addition, the Agency identified the Waste Management and Remediation Services...

Long-Term Surveillance and Maintenance Records: Maintaining Access to the Knowledge - 13122

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

Montgomery, John; Gueretta, Jeanie; McKinney, Ruth

The U.S. Department of Energy (DOE) Office of Legacy Management (LM) is an integral part of DOE's strategy to ensure that legacy liabilities of former nuclear weapons production sites are properly managed following the completion of environmental cleanup activities. In the area of environmental legacy management, records management is crucial to the protection of health, environmental, and legal interests of the Department and the public. LM is responsible for maintaining long-term surveillance and maintenance (LTS and M) records in performance of its mission. Maintaining access to the knowledge contained in these record collections is one of LM's primary responsibilities. Tomore » fulfill this responsibility, LM established a consolidated records management facility, the LM Business Center (LMBC), to house physical media records and electronic records. A new electronic record keeping system (ERKS) was needed to replace an obsolete system while helping to ensure LM is able to meet ongoing responsibilities to maintain access to knowledge and control the life cycle management of records. (authors)« less

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 6 Domestic Security 1 2011-01-01 2011-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 6 Domestic Security 1 2012-01-01 2012-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 6 Domestic Security 1 2014-01-01 2014-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

Insurance and Risk Management at the National Outdoor Leadership School.

ERIC Educational Resources Information Center

Chu, Lantien

1990-01-01

Describes how an outdoor program specializing in wilderness expeditions approaches risk management, liability, and insurance. Discusses maintaining good communications with insurance agents, managing crisis situations, participating in program audits, reading the fine print, international insurance coverage, and the basis for insurance premiums.…

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

42 CFR 1008.38 - Signed certifications by the requestor.

Code of Federal Regulations, 2010 CFR

2010-10-01

... corporation; (3) The managing partner of the requestor, if the requestor is a partnership; or (4) The managing member, or comparable person, if the requestor is a limited liability company. [62 FR 7357, Feb. 19, 1997...

Safety and compliance-related hazards in the medical practice: Part one.

PubMed

Calway, R C

2001-01-01

Safety and risk management hazards are a fact of life for the medical practice, and the costs of these incidents can place the group at significant risk of liability. Good compliance and risk management programs help minimize these incidents, improve staff morale, increase a practice's visibility in the community, and positively affect the practice's financial and operational bottom line performance. Medical practices that implement effective safety and risk management programs can realize savings in staffing costs, operational efficiency, morale, insurance premiums, and improved third-party relationships while at the same time avoiding embarrassing risks, fines, and liability. This article outlines some of the most common safety and risk management-related deficiencies seen in medical practices today. The author explains how to remedy these deficiencies and provides a self-test tool to enable the reader to assess areas within his or her own practice in need of attention.

40 CFR 280.210 - Participation in management.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 40 Protection of Environment 28 2012-07-01 2012-07-01 false Participation in management. 280.210... STORAGE TANKS (UST) Lender Liability § 280.210 Participation in management. The term “participating in the management of an UST or UST system” means that, subsequent to the effective date of this subpart, December 6...

40 CFR 280.210 - Participation in management.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 40 Protection of Environment 27 2014-07-01 2014-07-01 false Participation in management. 280.210... STORAGE TANKS (UST) Lender Liability § 280.210 Participation in management. The term “participating in the management of an UST or UST system” means that, subsequent to the effective date of this subpart, December 6...

40 CFR 280.210 - Participation in management.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 28 2013-07-01 2013-07-01 false Participation in management. 280.210... STORAGE TANKS (UST) Lender Liability § 280.210 Participation in management. The term “participating in the management of an UST or UST system” means that, subsequent to the effective date of this subpart, December 6...

Liability for Invasions of Privacy by Physicians and Medical Data Systems

PubMed Central

Watson, Bruce Lowell

1980-01-01

The disclosure of computerized medical care utilization data can injure patients and providers. Liability for these disclosures depends upon: defendants' intent, the existence of such precautions as information quality control systems and express contractual waivers of privacy rights, and the applicability of certain legal privileges permitting such disclosures.

48 CFR 647.207-7 - Liability and insurance.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 4 2013-10-01 2013-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

48 CFR 647.207-7 - Liability and insurance.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 4 2011-10-01 2011-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

48 CFR 647.207-7 - Liability and insurance.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 4 2014-10-01 2014-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

48 CFR 647.207-7 - Liability and insurance.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

3 CFR - Demonstration Grants for the Development, Implementation, and Evaluation of Alternatives to the...

Code of Federal Regulations, 2010 CFR

2010-01-01

..., Implementation, and Evaluation of Alternatives to the Current Medical Liability System Presidential Documents..., Implementation, and Evaluation of Alternatives to the Current Medical Liability System Memorandum for the... report that fear of lawsuits leads them to practice defensive medicine, which may contribute to higher...

Managing Liability. Employment Discrimination: A Risk Management Strategy.

ERIC Educational Resources Information Center

McMullan, Sandra H.

This booklet discusses the risks that educational institutions face in regard to employment discrimination litigation and outlines a program to effectively manage such risks. Institutions need to address three main types of employment discrimination issues: sexual harassment, disability-based discrimination, and age discrimination. To deal with…

17 CFR 18.04 - Statement of reporting trader.

Code of Federal Regulations, 2011 CFR

2011-04-01

... the reduction of risks in the conduct and management of a commercial enterprise: (i) Commercial... appropriate to the reduction of risks in the conduct and management of a commercial enterprise: (i) Commercial..., merchandising or processing of a cash commodity, asset or liability risk management by depository institutions...

Student Activities. Managing Liability.

ERIC Educational Resources Information Center

Bennett, Barbara; And Others

This monograph suggests ways that college or university administrations can undertake a systematic and careful review of the risks posed by students' activities. Its purpose is to provide guidance in integrating the risk management process into a school's existing approaches to managing student organizations and activities. It is noted that no…

12 CFR 741.12 - Liquidity and contingency funding plans.

Code of Federal Regulations, 2014 CFR

2014-01-01

.../liability policy, a funds management policy, or a business continuity policy. The CFP must address, at a...; (3) Policies to manage a range of stress environments, identification of some possible stress events... the institution to respond to liquidity events; (5) Management processes that include clear...

Investigating motivating factors for sound hospital waste management.

PubMed

Ali, Mustafa; Wang, Wenping; Chaudhry, Nawaz

2016-08-01

Sustainable management of hospital waste requires an active involvement of all key players. This study aims to test the hypothesis that three motivating factors, namely, Reputation, Liability, and Expense, influence hospital waste management. The survey for this study was conducted in two phases, with the pilot study used for exploratory factor analysis and the subsequent main survey used for cross-validation using confirmatory factor analysis. The hypotheses were validated through one-sample t tests. Correlations were established between the three motivating factors and organizational characteristics of hospital type, location, category, and size. The hypotheses were validated, and it was found that the factors of Liability and Expense varied considerably with respect to location and size of a hospital. The factor of Reputation, however, did not exhibit significant variation. In conclusion, concerns about the reputation of a facility and an apprehension of liability act as incentives for sound hospital waste management, whereas concerns about financial costs and perceived overburden on staff act as disincentives. This paper identifies the non economic motivating factors that can be used to encourage behavioral changes regarding waste management at hospitals in resource constrained environments. This study discovered that organizational characteristics such as hospital size and location cause the responses to vary among the subjects. Hence a policy maker must take into account the institutional setting before introducing a change geared towards better waste management outcomes across hospitals. This study covers a topic that has hitherto been neglected in resource constrained countries. Thus it can be used as one of the first steps to highlight and tackle the issue.

47 CFR 32.4300 - Other long-term liabilities and deferred credits.

Code of Federal Regulations, 2010 CFR

2010-10-01

... CARRIER SERVICES UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES Instructions for Balance Sheet Accounts § 32.4300 Other long-term liabilities and deferred credits. (a) This account shall...

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

Overview of the Government of Canada Nuclear Legacy Liabilities Program - 13551

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

Metcalfe, D.; McCauley, D.; Miller, J.

Nuclear legacy liabilities have resulted from more than 60 years of nuclear research and development carried out on behalf of Canada. The liabilities are located at Atomic Energy of Canada Limited's (AECL) Chalk River Laboratories in Ontario and Whiteshell Laboratories in Manitoba, as well as three shutdown prototype reactors in Ontario and Quebec that are being maintained in a safe storage state. Estimated at about $7.4 billion (current day dollars), these liabilities consist of disused nuclear facilities and associated infrastructure, a wide variety of buried and stored waste, and contaminated lands. In 2006, the Government of Canada adopted a long-termmore » strategy to deal with the nuclear legacy liabilities and initiated a five-year, $520 million start-up phase, thereby creating the Nuclear Legacy Liabilities Program (NLLP). The Government of Canada renewed the NLLP in 2011 with a $439-million three-year second phase that ends March 31, 2014. The projects and activities carried out under the Program focus on infrastructure decommissioning, environmental restoration, improving the management of legacy radioactive waste, and advancing the long-term strategy. The NLLP is being implemented through a Memorandum of Understanding between Natural Resources Canada (NRCan) and AECL whereby NRCan is responsible for policy direction and oversight, including control of funding, and AECL is responsible for implementing the program of work and holding and administering all licences, facilities and lands. (authors)« less

Evaluating the medical malpractice system and options for reform.

PubMed

Kessler, Daniel P

2011-01-01

The U.S. medical malpractice liability system has two principal objectives: to compensate patients who are injured through the negligence of healthcare providers and to deter providers from practicing negligently. In practice, however, the system is slow and costly to administer. It both fails to compensate patients who have suffered from bad medical care and compensates those who haven't. According to opinion surveys of physicians, the system creates incentives to undertake cost-ineffective treatments based on fear of legal liability--to practice "defensive medicine." The failures of the liability system and the high cost of health care in the United States have led to an important debate over tort policy. How well does malpractice law achieve its intended goals? How large of a problem is defensive medicine and can reforms to malpractice law reduce its impact on healthcare spending? The flaws of the existing system have led a number of states to change their laws in a way that would reduce malpractice liability--to adopt "tort reforms." Evidence from several studies suggests that wisely chosen reforms have the potential to reduce healthcare spending significantly with no adverse impact on patient health outcomes.

Managing Environmental Liabilities using Full Lifecycle Accounting

DTIC Science & Technology

2009-05-01

aniJtl’lnut, ... Ill ld II d»INi"’ Ill £¢ttl> I .. IN F<£~DIO:L 11Contains Enfos Confidential and Proprietary Information EMERGING “ FAIR VALUE MEASUREMENT... Fair value measurement, also known as “mark-to-market”, has emerged as the favored measurement principle under U.S. and international financial...reporting standards over the past decade. In recent years, the FASB has adopted numerous standards requiring fair value measurement of liabilities

Park Managers Attitudes toward Climbing: Implications for Future Regulation.

ERIC Educational Resources Information Center

Huffman, Michael G.; Harwell, Rick

This study examined park managers' attitudes toward adventure climbing and climbing regulations, especially concerning the management of: (1) conflicts (among visitors competing for use of the same resource); (2) impact on the environment; and (3) risk (i.e. implications for rescue and legal liability problems). Questionnaires were sent randomly…

17 CFR 204.55 - Change in notification to Financial Management Service.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Change in notification to Financial Management Service. 204.55 Section 204.55 Commodity and Securities Exchanges SECURITIES AND... Financial Management Service. After the Commission sends FMS notification of an individual's liability for a...

44 CFR 61.8 - Applicability of risk premium rates.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Applicability of risk premium rates. 61.8 Section 61.8 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... liability per unit for any contents related to such unit. (2) For dwelling properties in Alaska, Hawaii, the...

Conversations with your actuary: getting to the right number.

PubMed

Frese, Richard C

2013-05-01

A healthcare finance leader can guarantee recognition of his or her organization's insurance program and better manage the program's liability by discussing changes in the following areas with an actuary: Claims management. Exposure. Coverage or retention Financial reporting of losses. Management goals. Other insurance and operational matters.

Banking System Reform in China: The Challenges of Moving Toward a Market-Oriented Economy

DTIC Science & Technology

2007-01-01

The gradual nature of China’s reform process has ensured 1 International Monetary Fund, World Economic Outlook Database , April 2006, World Trade...Liabilities (RMB billion) (RMB billion) (RMB billion) (RMB billion) Forex reserves –373 Forex assets +373 Capital +373 (=US$ 45 billion) (=US...CCB Assets Liabilities Assets Liabilities (RMB billion) (RMB billion) (RMB billion) (RMB billion) Forex assets –373 Forex assets +373 Capital

48 CFR 36.608 - Liability for Government costs resulting from design errors or deficiencies.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 1 2013-10-01 2013-10-01 false Liability for Government costs resulting from design errors or deficiencies. 36.608 Section 36.608 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION SPECIAL CATEGORIES OF CONTRACTING CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Architect-Engineer Service...

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.

75 FR 17976 - WNC Tax Credits 38, LLC, WNC Tax Credits 39, LLC, WNC Housing Tax Credits Manager, LLC and WNC...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-08

... Credits 38, LLC, WNC Tax Credits 39, LLC, WNC Housing Tax Credits Manager, LLC and WNC & Associates, Inc... collectively, the ``Funds''), WNC Housing Tax Credits Manager, LLC (the ``Manager'') and WNC & Associates, Inc... credit under the Internal Revenue Code of 1986, as amended. The Manager is a California limited liability...

Managing the risks of risk management on large fires

Treesearch

Donald G. MacGregor; Armando González-Cabán

2013-01-01

Large fires pose risks to a number of important values, including the ecology, property and the lives of incident responders. A relatively unstudied aspect of fire management is the risks to which incident managers are exposed due to organizational and sociopolitical factors that put them in a position of, for example, potential liability or degradation of their image...

48 CFR 27.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

48 CFR 27.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 1 2012-10-01 2012-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

48 CFR 1427.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

48 CFR 27.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 1 2013-10-01 2013-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

48 CFR 27.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 1 2014-10-01 2014-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

48 CFR 27.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 1 2011-10-01 2011-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

48 CFR 1427.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 5 2014-10-01 2014-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

48 CFR 1427.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 5 2012-10-01 2012-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

48 CFR 1427.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

48 CFR 1427.201 - Patent and copyright infringement liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 5 2013-10-01 2013-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

Legal liability in bisphosphonate-related osteonecrosis of the jaw.

PubMed

Lo Russo, L; Ciavarella, D; Buccelli, C; Di Fede, O; Campisi, G; Lo Muzio, L; Pellegrino, G; Di Lorenzo, P

2014-09-01

Bisphosphonate-related osteonecrosis of the jaw (BRONJ) is an adverse reaction that may occur in patients administered with bisphosphonates (BP). This condition can cause high morbidity and hinder quality of life. Its treatment is complex and often unsatisfactory, and prevention strategies may have limited effectiveness, if any. Thus, managing patients treated with BP may result in exposure of the practitioner to legal liability or malpractice claims: legal actions pursuant to BRONJ are reported to be underway on three continents. Nonetheless, the attribution of liability, if any, is a complex process requiring, on the basis of current knowledge, a robust and pragmatic approach to the facts, which must be identified from the point of view of the time, place and individuals involved. This means a comprehensive consideration of the sequence of actions from bisphosphonates prescription to BRONJ occurrence (as well as immediately after, and any action potentially related to its causation or worsening) is required in order to determine if a breach in informing, diagnosing, managing or referring the patient took place, as well as determining if the patient was compliant in attending to prescriptions and follow-up programmes.

OVERSEER: An Expert System Monitor for the Psychiatric Hospital

PubMed Central

Bronzino, Joseph D.; Morelli, Ralph A.; Goethe, John W.

1988-01-01

In order to improve patient care, comply with regulatory guidelines and decrease potential liability, psychiatric hospitals and clinics have been searching for computer systems to monitor the management and treatment of patients. This paper describes OVERSEER: a knowledge based system that monitors the treatment of psychiatric patients in real time. Based on procedures and protocols developed in the psychiatric setting, OVERSEER monitors the clinical database and issues alerts when standard clinical practices are not followed or when laboratory results or other clinical indicators are abnormal. Written in PROLOG, OVERSEER is designed to interface directly with the hospital's database, and, thereby utilizes all available pharmacy and laboratory data. Moreover, unlike the interactive expert systems developed for the psychiatric clinic, OVERSEER does not require extensive data entry by the clinician. Consequently, the chief benefit of OVERSEER's monitoring approach is the unobtrusive manner in which it evaluates treatment and patient responses and provides information regarding patient management.

Cyber risk and privacy liability: a click in the right direction?

PubMed

McDonough, William J

2007-01-01

Cyber risk and privacy exposure exert an impact upon virtually every aspect of a healthcare organization (HCO)--assets, clinical operations, finances and reputation. Exposure is enterprise-wide and includes risk to both physical and non-physical assets in increasing degrees. The consequences of a cyber attack or privacy breach could be operationally and financially catastrophic, so an HCO's move toward an enterprise-wide approach at identifying and minimizing risk, cyber and privacy liability should be on the radar screen for risk managers and leadership.

Mining Association Rules Between Credits in the Leadership in Energy and Environmental Design for New Construction (LEED-NC) Green Building Assessment System

DTIC Science & Technology

2008-03-01

in subject areas that rely mostly on intuition, like marketing, sales , and customer relationship management (Berry and Linoff, 2004). Commonly...closely related to this study might be Amazon or iTunes ’ use of market basket analysis. Today, most e-commerce consumers are accustomed to receiving... sales is to minimize the costs and hassle of warranty-related repairs and replacements. Of course, the best way to minimize those liabilities is to

Reinforcing the Military in Military Medicine: Driving a Cultural Change in Investigating, Tracking and Training to Prevent Patient Safety Events in Military Facilities

DTIC Science & Technology

2011-04-01

habits, and the complex nature of health care operations resulting from team efforts. Concerns about medical liability from medical malpractice ...investigations as blame is easier to assign to one individual than to evaluate the layers of an organization for failures. Medical malpractice fears...Risk Manager will brief the MTF/CC and Executive Staff on MTF medical malpractice claims semi-annually as well as discuss lessons learned, systemic

The role of international standards in managing business risks

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

Mazza, S.

1996-08-01

Strategic standardization is an emerging management discipline which is gaining a slow but upward acceptance by many American business leaders. It is a management discipline widely followed by European business managers for a long time to ensure a strong competitive position in the global marketplace. American businesses are increasingly adapting this concept for effective management to open new markets, increase sales, reduce trade barriers, and ensure a competitive position both domestically as well as the international arena. Contrary to the view that standardization is only a technical strategy, there is a new reality that standardization is a critical business issuemore » with implications for market access, anti-trust, product liability, patent policy and protection, occupational, health safety, environmental management, government acquisition reform, and even our quality of life. It is often stated, standards are like the air we breathe always accepted and taken for granted until there is a problem of supply or in the case of standards, when they are used as a trade barrier or competitive advantage for others or used to create substantial liabilities for businesses and for individuals.« less

Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business.

PubMed

Paterick, Timothy J; Paterick, Timothy E; Waterhouse, Blake E

2007-01-01

Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.

EPA Facility Registry Service (FRS): CERCLIS

EPA Pesticide Factsheets

This data provides location and attribute information on Facilities regulated under the Comprehensive Environmental Responsibility Compensation and Liability Information System (CERCLIS) for a intranet web feature service . The data provided in this service are obtained from EPA's Facility Registry Service (FRS). The FRS is an integrated source of comprehensive (air, water, and waste) environmental information about facilities, sites or places. This service connects directly to the FRS database to provide this data as a feature service. FRS creates high-quality, accurate, and authoritative facility identification records through rigorous verification and management procedures that incorporate information from program national systems, state master facility records, data collected from EPA's Central Data Exchange registrations and data management personnel. Additional Information on FRS is available at the EPA website https://www.epa.gov/enviro/facility-registry-service-frs.

Reducing environmental risk associated with laboratory decommissioning and property transfer.

PubMed

Dufault, R; Abelquist, E; Crooks, S; Demers, D; DiBerardinis, L; Franklin, T; Horowitz, M; Petullo, C; Sturchio, G

2000-12-01

The need for more or less space is a common laboratory problem. Solutions may include renovating existing space, leaving or demolishing old space, or acquiring new space or property for building. All of these options carry potential environmental risk. Such risk can be the result of activities related to the laboratory facility or property (e.g., asbestos, underground storage tanks, lead paint), or the research associated with it (e.g., radioactive, microbiological, and chemical contamination). Regardless of the option chosen to solve the space problem, the potential environmental risk must be mitigated and the laboratory space and/or property must be decommissioned or rendered safe prior to any renovation, demolition, or property transfer activities. Not mitigating the environmental risk through a decommissioning process can incur significant financial liability for any costs associated with future decommissioning cleanup activities. Out of necessity, a functioning system, environmental due diligence auditing, has evolved over time to assess environmental risk and reduce associated financial liability. This system involves a 4-phase approach to identify, document, manage, and clean up areas of environmental concern or liability, including contamination. Environmental due diligence auditing includes a) historical site assessment, b) characterization assessment, c) remedial effort and d) final status survey. General practice standards from the American Society for Testing and Materials are available for conducting the first two phases. However, standards have not yet been developed for conducting the third and final phases of the environmental due diligence auditing process. Individuals involved in laboratory decommissioning work in the biomedical research industry consider this a key weakness.

Reducing environmental risk associated with laboratory decommissioning and property transfer.

PubMed Central

Dufault, R; Abelquist, E; Crooks, S; Demers, D; DiBerardinis, L; Franklin, T; Horowitz, M; Petullo, C; Sturchio, G

2000-01-01

The need for more or less space is a common laboratory problem. Solutions may include renovating existing space, leaving or demolishing old space, or acquiring new space or property for building. All of these options carry potential environmental risk. Such risk can be the result of activities related to the laboratory facility or property (e.g., asbestos, underground storage tanks, lead paint), or the research associated with it (e.g., radioactive, microbiological, and chemical contamination). Regardless of the option chosen to solve the space problem, the potential environmental risk must be mitigated and the laboratory space and/or property must be decommissioned or rendered safe prior to any renovation, demolition, or property transfer activities. Not mitigating the environmental risk through a decommissioning process can incur significant financial liability for any costs associated with future decommissioning cleanup activities. Out of necessity, a functioning system, environmental due diligence auditing, has evolved over time to assess environmental risk and reduce associated financial liability. This system involves a 4-phase approach to identify, document, manage, and clean up areas of environmental concern or liability, including contamination. Environmental due diligence auditing includes a) historical site assessment, b) characterization assessment, c) remedial effort and d) final status survey. General practice standards from the American Society for Testing and Materials are available for conducting the first two phases. However, standards have not yet been developed for conducting the third and final phases of the environmental due diligence auditing process. Individuals involved in laboratory decommissioning work in the biomedical research industry consider this a key weakness. PMID:11121365

Current Risk Management Practices in Psychotherapy Supervision.

PubMed

Mehrtens, Ilayna K; Crapanzano, Kathleen; Tynes, L Lee

2017-12-01

Psychotherapy competence is a core skill for psychiatry residents, and psychotherapy supervision is a time-honored approach to teaching this skill. To explore the current supervision practices of psychiatry training programs, a 24-item questionnaire was sent to all program directors of Accreditation Council for Graduate Medical Education (ACGME)-approved adult psychiatry programs. The questionnaire included items regarding adherence to recently proposed therapy supervision practices aimed at reducing potential liability risk. The results suggested that current therapy supervision practices do not include sufficient management of the potential liability involved in therapy supervision. Better protections for patients, residents, supervisors and the institutions would be possible with improved credentialing practices and better documentation of informed consent and supervision policies and procedures. © 2017 American Academy of Psychiatry and the Law.

Medical-device risk management and public safety: using cost-benefit as a measurement of effectiveness

NASA Astrophysics Data System (ADS)

Hughes, Allen A.

1994-12-01

Public safety can be enhanced through the development of a comprehensive medical device risk management. This can be accomplished through case studies using a framework that incorporates cost-benefit analysis in the evaluation of risk management attributes. This paper presents a framework for evaluating the risk management system for regulatory Class III medical devices. The framework consists of the following sixteen attributes of a comprehensive medical device risk management system: fault/failure analysis, premarket testing/clinical trials, post-approval studies, manufacturer sponsored hospital studies, product labeling, establishment inspections, problem reporting program, mandatory hospital reporting, medical literature surveillance, device/patient registries, device performance monitoring, returned product analysis, autopsy program, emergency treatment funds/interim compensation, product liability, and alternative compensation mechanisms. Review of performance histories for several medical devices can reveal the value of information for many attributes, and also the inter-dependencies of the attributes in generating risk information flow. Such an information flow network is presented as a starting point for enhancing medical device risk management by focusing on attributes with high net benefit values and potential to spur information dissemination.

What is an employee benefit plan?: ERISA preemption of "any willing provider" laws after Pegram.

PubMed

Goodyear, J

2001-06-01

This note considers the implications of a recent Supreme Court decision, Pegram v. Herdrich, for preemption of state laws under the Employee Retirement Income Security Act (ERISA). Though Pegram dealt with a fiduciary liability question, and not preemption specifically, the Court in arriving at its decision laid out a definition of the word "loan"--a word that is used in both the fiduciary liability section of ERISA and the preemption section. The Court's definition focuses upon the relationship between the managed care organization and the employer that hires it. The definition, however, excludes from the meaning of "plan" the relationship between the managed care organization and the health care providers it hires. Thus, this Note argues that according to Pegram, state laws that regulate the relationship between managed care organizations and health care providers, such as "any willing provider" laws, should not be preempted by ERISA.

48 CFR 970.5070-3 - Contract clauses.

Code of Federal Regulations, 2010 CFR

2010-10-01

... SUPPLEMENTARY REGULATIONS DOE MANAGEMENT AND OPERATING CONTRACTS Extraordinary Contractual Actions and the..., shall be included in all management and operating contracts involving the risk of public liability for... the contract work, including such events caused by a product delivered to a DOE-owned, facility for...

Managing Athletic Liability: An Assessment Guide.

ERIC Educational Resources Information Center

Burling, Philip; And Others

1992-01-01

A comprehensive risk-management program associated with athletic activities contains the following essential components: (1) policies and procedures; (2) training; (3) supervision; (4) corrective action; (5) review and revision; (6) legal counsel and support. Action steps follow each of these major areas. (29 case references) (MLF)

39 CFR 953.3 - Appeal.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., and of each individual appellant or, if the appellant is a partnership, corporation, limited liability company, or unincorporated association, of the managing partner, chief executive officer, chief operating...

48 CFR 728.307-2 - Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Section 728.307-2 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT GENERAL CONTRACTING REQUIREMENTS BONDS AND INSURANCE Insurance 728.307-2 Liability. (a)-(b) [Reserved] (c) Automobile... an USAID contract are properly insured, USAID has established minimum required coverages as a...

48 CFR 728.307-2 - Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Section 728.307-2 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT GENERAL CONTRACTING REQUIREMENTS BONDS AND INSURANCE Insurance 728.307-2 Liability. (a)-(b) [Reserved] (c) Automobile... an USAID contract are properly insured, USAID has established minimum required coverages as a...

48 CFR 1428.311 - 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 5 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 1428.311 Section 1428.311... under cost-reimbursement contracts. ...

48 CFR 528.311 - 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. 528.311 Section 528.311 Federal...-reimbursement contracts. ...

48 CFR 28.311 - 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 1 2010-10-01 2010-10-01 false Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 28.311 Section 28.311 Federal...-reimbursement contracts. ...

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

Through the Eyes of Higher Education Attorneys: How Department Chairs Are Navigating the Waters of Legal Issues and Risk Management

ERIC Educational Resources Information Center

Hustoles, Carol L. J.

2012-01-01

Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

12 CFR 609.930 - Policies and procedures.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Boards and Management § 609.930 Policies and procedures. The FCA supports E-commerce and wants to facilitate it and other new technologies and innovations to enhance the efficient conduct of business and the... management; (h) Liability insurance; and (i) Prompt reporting of known or suspected criminal violations...

48 CFR 1828.311 - 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 6 2010-10-01 2010-10-01 true Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts. 1828.311 Section 1828.311... insurance under cost-reimbursement contracts. ...

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY INFORMATION SYSTEM (CERCLIS)

EPA Science Inventory

The Superfund program was created as a result of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA was enacted on 12/11/80, and amended by the Superfund Amendments and Reauthorization Act of 1986. These acts established broad authority for...

Does products liability litigation threaten picture archiving and communication systems and/or telemedicine?

PubMed

McMenamin, J P

1998-02-01

Numerous writers have commented on barriers to the growth and progress of telemedicine. Among these barriers are reimbursement concerns, professional liability exposure, licensing restrictions, hospital credentialing questions, and other problems. A legal threat not generally described in the literature to date is the possibility that products liability claims could be brought against manufacturers and distributors of hardware, software, and peripherals used in providing telemedicine services. Several of these concerns extend to picture archiving and communication systems (PACS), including, of course, teleradiology. This article considers that possibility in the context of several potential plaintiffs' theories, discusses currently applicable law, and proposes approaches to diminishing the magnitude and severity of this potential threat.

48 CFR 246.870-1 - Scope.

Code of Federal Regulations, 2014 CFR

2014-10-01

... counterfeit electronic parts and suspect counterfeit electronic parts from entering the supply chain when... DEFENSE CONTRACT MANAGEMENT QUALITY ASSURANCE Contractor Liability for Loss of or Damage to Property of...

Defensive medicine and outcomes for medical malpractice liability.

PubMed

Genovese, Umberto; Amato, Simona; Del Sordo, Sara; Mobilia, Francesca; Casali, Michelangelo B

2014-01-01

Defensive medicine is a significant force driving the high costs of healthcare systems and has a substantial influence on physicians' behavior because they primarily concern about malpractice liability and not patient's health protection. This attitude disagrees with deontological duties and could impair physicians' ability of judgment and clinical reasoning. Reducing defensive medicine also could mean improving the quality in healthcare systems and eliminating unnecessary costs.

47 CFR 32.25 - Unusual items and contingent liabilities.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 47 Telecommunication 2 2011-10-01 2011-10-01 false Unusual items and contingent liabilities. 32.25 Section 32.25 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES General Instructions § 32.25 Unusual items and...

47 CFR 32.25 - Unusual items and contingent liabilities.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 47 Telecommunication 2 2013-10-01 2013-10-01 false Unusual items and contingent liabilities. 32.25 Section 32.25 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES General Instructions § 32.25 Unusual items and...

47 CFR 32.25 - Unusual items and contingent liabilities.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 47 Telecommunication 2 2014-10-01 2014-10-01 false Unusual items and contingent liabilities. 32.25 Section 32.25 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES General Instructions § 32.25 Unusual items and...

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

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... SOCIOECONOMIC PROGRAMS OTHER SOCIOECONOMIC PROGRAMS Minority Business Reports 1426.7103 The Comprehensive...

Computer Viruses. Legal and Policy Issues Facing Colleges and Universities.

ERIC Educational Resources Information Center

Johnson, David R.; And Others

Compiled by various members of the higher educational community together with risk managers, computer center managers, and computer industry experts, this report recommends establishing policies on an institutional level to protect colleges and universities from computer viruses and the accompanying liability. Various aspects of the topic are…

Court-Recommended Guidelines for Managing Unethical Students and Working with University Lawyers.

ERIC Educational Resources Information Center

Cobb, Norman H.

1994-01-01

Management of social work students engaging in unethical behavior is discussed, drawing on litigation decisions and a professional association ethics code. The role of university lawyers is also examined, and recommendations for informing lawyers about the special circumstances of professional education and potential liability of problem students…

Mentoring and the Business Environment: Asset or Liability?

ERIC Educational Resources Information Center

Caruso, Richard E.

A study examined mentoring as a means of furthering the career development of managers, technicians, and highly skilled workers employed by Motorola Incorporated, which has had a formal mentoring program in operation since 1980. Senior managers and new employees who were paired in Motorola's mentoring program were surveyed to determine their…

Legal Liability and Risk Management in Outdoor Training.

ERIC Educational Resources Information Center

Dynon, John; Loynes, Chris

1990-01-01

Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…

Liability for managed care decisions: the Employee Retirement Income Security Act (ERISA) and the uneven playing field.

PubMed

Mariner, W K

1996-06-01

As managed care organizations expand their programs of quality assurance and physician evaluation, more medical malpractice lawsuits may be brought against managed care organizations on the ground that, like hospitals, they are legally responsible for negligent corporate acts that injure patients. However, the federal Employee Retirement Income Security Act (ERISA) shields managed care organizations from liability when they are part of an employee group health plan governed by ERISA. Unlike patients with other types of insurance, patients in ERISA health plans do not have a malpractice remedy for a managed care organization's negligence. A few federal appeals courts recently recognized that ERISA plans can be vicariously liable for their physicians' medical malpractice, but only if the physician is the plan's employee or agent. Yet ERISA still prohibits negligence claims against ERISA health plans for injuries resulting from denial of plan benefits, failure to use qualified physicians, utilization review, or improper plan administration. Current managed care operations do not neatly distinguish between administering benefits and controlling quality of care. Neither should the law. ERISA should be amended to provide employees with the same remedies that patients in non-ERISA plans enjoy.

Liability for managed care decisions: the Employee Retirement Income Security Act (ERISA) and the uneven playing field.

PubMed Central

Mariner, W K

1996-01-01

As managed care organizations expand their programs of quality assurance and physician evaluation, more medical malpractice lawsuits may be brought against managed care organizations on the ground that, like hospitals, they are legally responsible for negligent corporate acts that injure patients. However, the federal Employee Retirement Income Security Act (ERISA) shields managed care organizations from liability when they are part of an employee group health plan governed by ERISA. Unlike patients with other types of insurance, patients in ERISA health plans do not have a malpractice remedy for a managed care organization's negligence. A few federal appeals courts recently recognized that ERISA plans can be vicariously liable for their physicians' medical malpractice, but only if the physician is the plan's employee or agent. Yet ERISA still prohibits negligence claims against ERISA health plans for injuries resulting from denial of plan benefits, failure to use qualified physicians, utilization review, or improper plan administration. Current managed care operations do not neatly distinguish between administering benefits and controlling quality of care. Neither should the law. ERISA should be amended to provide employees with the same remedies that patients in non-ERISA plans enjoy. PMID:8659664

[Culpability and the problem of the human genome. Between being and having to be].

PubMed

Donna, Edgardo

2011-01-01

In a liberal-democratic system, there is no possibility of a criminal liability charge without a minimum of freedom. Nevertheless, since a long time ago and, nowadays, with the advancement of science in the human genome, understanding it as a closed system--farm theory--is intended to demonstrate that the genome is a destination, thus criminal liability will be void, giving rise to security measures.

40 CFR 282.93 - Texas State-Administered Program.

Code of Federal Regulations, 2011 CFR

2011-07-01

....) § 26.3515Limits on Liability of Corporate Fiduciary (Insofar as it applies to aboveground storage tanks... of Registration § 334.459Continuing Education Requirements for Corrective Action Project Managers...

Beyond MICRA: new ideas for liability reform. American College of Physicians.

PubMed

1995-03-15

The existing medical liability system does not work. It does not deter negligence, provide timely compensation to injured persons, or resolve disputes fairly. Studies show that a large percentage of injured patients are not compensated and that physicians feel vulnerable to a lawsuit whether or not they practice high-quality medicine. The arbitrariness and inefficiency of the system disrupts the physician-patient relationship, increases health care costs, and, in some cases, hurts access to care. As a result, comprehensive changes to the liability system must be made. The American College of Physicians makes the following recommendations. 1. Congress should immediately pass the tort reforms contained in the California Medical Injury Compensation Reform Act (MICRA), particularly caps on noneconomic damages, as necessary short-term changes to a flawed system. 2. Federal legislation should be enacted that overturns recent court decisions that have relied on the Employee Retirement Income Security Act of 1974, a federal law that regulates pensions and other benefit plans, to bar plaintiffs from suing their health plan for negligence if the plan's benefits or treatment decisions lead to an injury. 3. Demonstration projects should be created and funded to examine the feasibility of using a set of caps for noneconomic damage awards that are based on the severity of injury suffered and the injured party's age. A set of caps could be seen as fairer to injured persons than flat caps but would still protect physicians from unlimited awards. 4. Demonstration projects should be authorized and funded to test enterprise liability and no-fault systems. These systems could take many forms, including administrative approaches; lists of accelerated compensation events; "early offer of settlement" approaches; and organizational liability for health plans, hospitals, or health systems. Such long-term reforms are consistent with trends in health care delivery and are necessary to promote quality of care, compensate injured persons, and protect physicians.

Legal Liability in the Gymnasium.

ERIC Educational Resources Information Center

Oregon State Dept. of Education, Salem.

The legal system has significantly influenced the everyday operation of American public schools in the last 20 years. Because of the increasing probability of teacher involvement in a legal incident, a working knowledge of the law as it relates to physical education is important. Included in this document, which focuses on tort liability for…

48 CFR 1852.228-76 - Cross-waiver of liability for space station activities.

Code of Federal Regulations, 2011 CFR

2011-10-01

... for space station activities. 1852.228-76 Section 1852.228-76 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and Clauses 1852.228-76 Cross-waiver of liability for space station activities...

48 CFR 970.5232-5 - Liability with respect to cost accounting standards.

Code of Federal Regulations, 2010 CFR

2010-10-01

... cost accounting standards. 970.5232-5 Section 970.5232-5 Federal Acquisition Regulations System... cost accounting standards. As prescribed in 970.3270(a)(5), insert the following clause: Liability With Respect to Cost Accounting Standards (DEC 2000) (a) The Contractor is not liable to the Government for...

18 CFR 367.15 - Contingent assets and 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 Contingent assets and liabilities. 367.15 Section 367.15 Conservation of Power and Water Resources FEDERAL ENERGY REGULATORY... POWER ACT AND NATURAL GAS ACT UNIFORM SYSTEM OF ACCOUNTS FOR CENTRALIZED SERVICE COMPANIES SUBJECT TO...

48 CFR 52.216-24 - Limitation of Government Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 2 2013-10-01 2013-10-01 false Limitation of Government....216-24 Limitation of Government Liability. As prescribed in 16.603-4(b)(2), insert the following clause in solicitations and contracts when a letter contract is contemplated: Limitation of Government...

48 CFR 52.216-24 - Limitation of Government Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 2 2014-10-01 2014-10-01 false Limitation of Government....216-24 Limitation of Government Liability. As prescribed in 16.603-4(b)(2), insert the following clause in solicitations and contracts when a letter contract is contemplated: Limitation of Government...

48 CFR 452.236-78 - Fire Suppression and Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... Fire Suppression and Liability. As prescribed in § 436.578, the following clause may be inserted in contracts awarded for Integrated Resource Service Contracts (IRSC) awarded for the Forest Service. Fire... 48 Federal Acquisition Regulations System 4 2014-10-01 2014-10-01 false Fire Suppression and...

Taking the liability out of contaminated property transactions

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

Ayers, K.W.; Taylor, R.J.

Brownfield redevelopment has been one of the hottest environmental topics for the past several years. However, brownfields are only a small segment of the contaminated property transaction market that includes the sale of real estate, signing of leases, and mergers and acquisitions that involve the transfer of property impacted by environmental contamination. Historic site pollution creates problems due to strict, joint and several, and retroactive liability imposed by environmental laws. In response to the interest in contaminated properties, the environmental insurance industry has developed a number of products that cap the remediation costs and supplement or in many instances replacemore » indemnity agreements. These insurance products allow buyers, sellers, and remediation contractors to cap remediation costs, provide long-term warranties, manage balance sheet liabilities, and even allow PRPs to walk away from site cleanup and long-term operation and maintenance obligations.« less

Finance issue brief: insurer liability: year end report-2003.

PubMed

MacEachern, Lillian

2003-12-31

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

Finance issue brief: insurer liability: year end report-2002.

PubMed

Morgan, Rachel; MacEachern, Lillian

2002-12-31

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

Finance, providers issue brief: insurer liability.

PubMed

Rothouse, M; Stauffer, M

2000-05-24

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

Finance, providers issue brief: insurer liability.

PubMed

Rothouse, M

1999-07-01

When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those are questions 29 states considered in 1998, and at least 35 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

Superfund manual: Legal and management strategies. 6. edition

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

Hall, R.M. Jr.

1998-12-31

This book is essential for any responsible business seeking to identify and minimize risks arising out of potential CERCLA liability. This new 6th edition brings you up-to-date on the latest Superfund regulations, case law, and implementation policies, and provides you with comprehensive coverage of the entire program. You`ll learn what Superfund does and requires, how it is being implemented, and its impact upon you. In addition, the book provides some practical thoughts on strategic issues for potentially responsible parties and how to respond. Clearly explained in laymen`s terms are: hazardous substance release reporting; the National Contingency Plan and National Prioritiesmore » List; liability; government liability under Superfund; government response authorities and enforcement; response strategies for potentially responsible parties; natural resource damages; uses of Superfund; the role of the states under Superfund, state statutes and the common law; and EPCRA.« less

78 FR 54294 - Investment Company Act Release No. 30679; File No. 812-14167

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-03

... Trust, Franklin Alternative Strategies Funds (each, a ``Trust'' and together, the ``Trusts''); and K2/D&S Management Co., L.L.C. (``K2 Advisors''), Templeton Asset Management Ltd. (``TAML'') and Franklin... a family of registered funds. K2 Advisors, a Delaware limited liability company, is registered as an...

Tort Liability and Risk Management in Adventure Education.

ERIC Educational Resources Information Center

Rubendall, Robert L., Jr.

On the premise that the benefits of adventure education far outweigh risks in any well managed program, this document provides such programs, which stand on relatively untested ground in the eye of the law in this litigious society, with strategies for reduction of risk by controlling the nature and frequency of accidents. The first section…

Problematizing "Risk" and the Principalship: The Risky Business of Managing Risk in Schools

ERIC Educational Resources Information Center

Starr, Karen

2012-01-01

Over the past two decades, risk in education has stimulated increasing attention and prominence, with principals bearing responsibility and liability for "managing" risk in schools. As a consequence, compulsory risk compliance regimes have become increasingly complex, technical and time-consuming. This article focuses on the responses of…

Hospital law: the changing scene.

PubMed

Hirsh, H L

1978-01-01

The liability of hospitals in tort law has been a fairly recent development. Formerly, hospitals were protected from liability under the doctrine of charitable immunity. Legal "immunity" avoids liability in tort essentially under all circumstances. It is conferred not because of the particular facts of the situation but because of the status or position of the favored defendant. It does not deny the tort, merely the resulting liability. Such immunity does not mean that conduct that would amount to a tort on the part of other defendants is not still equally tortious in character, but merely that for the protection of the particular defendant, or of the interests which he represents, he is given absolution from liability. Similarly, the "captain-of-the-ship" and the attendant "borrowed or lent servant" doctrine is being abandoned. As medical technology continues to advance, the modern hospital will undoubtedly assume a greater responsibility toward its patients--with amplified medical-legal implications. The hospital is no longer a hotel where patients stay, awaiting treatment by their private physicians. The theory that the hospital does not act through its employees--physicians, nurses, and others--no longer reflects the trend in judicial philosophy. The decisions cited reflect the current trend in judicial analysis and thinking. Medical science has provided numerous benefits to humankind, but along with those benefits, numerous risks have accrued. Whether hospitals should have to bear the responsibilities inherent in such risks is a much-argued matter. However, hospital liability, in fact, is the trend of our judicial determination. The ramifications of this trend have been many. Hospitals and physicians will closely scrutinize surgical operations and other hospitals procedures and practices. The fact remains clear that responsibility for every patient is now shared by both the physicians and the hospital--share and share alike. The present thinking is that the liabilities can be minimized, without shifting the duties, obligations, and responsibilities, through risk management. Prevention, as always, is the best cure.

Rating the "Raters": Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics

PubMed Central

Terry, Nicolas P

2000-01-01

There are three areas of potential legal exposure for an organization such as a trustmark authority involved in ehealth quality rating. First, an ehealth provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on ehealth data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the ehealth data provider, questions may arise as to possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, legislation.

Globalisation, environmental harm, and progress: the role of consensus and liability.

PubMed

Zandvoort, H

2005-01-01

Two conditions are stated that must be fulfilled to make sure that the negative effects of environmental pollution and risks stemming from the spread of free markets and technology do not outweigh the beneficial effects of this development. (1) For all activities, all those who may experience the negative effects of the activities must have given their consent to the activities and the conditions under which they are performed. (2) Those who engage in activities without this consent must be held to unlimited and unconditional liability for the negative effects that the activities may cause for those who did not give their consent. These conditions are necessary principles for the responsible management of environmental harm and risks. If the conditions are not satisfied, then the belief that the global spread of free markets and technology is beneficial for all, or does not harm anyone, cannot be justified. Neither of the conditions is fulfilled at present. This is illustrated using examples drawn from international legislation regarding liability for oil transportation, energy production, genetically modified organisms and chemicals in the environment. Directions for improving existing liability legislation are identified. The relationship between the conditions and the precautionary principle is explained.

Rating the Raters: Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics

PubMed Central

2000-01-01

There are three areas of potential legal exposure for an organization such as a trustmark authority involved in e-health quality rating. First, an e-health provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on e-health data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the e-health data provider, questions may arise as to the possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations, and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, the introduction of legislation. PMID:11720941

Rating the raters: legal exposure of trustmark authorities in the context of consumer health informatics.

PubMed

Terry, N P

2000-01-01

There are three areas of potential legal exposure for an organization such as a trustmark authority involved in e-health quality rating. First, an e-health provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on e-health data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the e-health data provider, questions may arise as to the possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations, and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, the introduction of legislation.

48 CFR 232.072-2 - Appropriate information.

Code of Federal Regulations, 2012 CFR

2012-10-01

... have and to use in the professional management of a business, may be a material fact in the..., environmental, or product liabilities; (vi) Validity of accounts receivable and actual value of inventory, as...

Pre-Demolition Planning

EPA Pesticide Factsheets

Developing a systematic approach to demolition can help manage liability, control, and costs. Careful planning can minimize the release of toxic chemicals and other harmful substances into the environment, and protect the health of workers and the public.

Liability issues in managed care.

PubMed

Ellis, M S

1997-05-01

The explosive growth in Managed Care Organizations as a mechanism for providing health care in the United States has generated an equal explosion in litigation and new legislation related to problems within this delivery system. Abuses have included the "gagging" of physicians from providing full disclosure of medical options for their patients, inappropriate denial of care, denial of specialty referral, false claims data, insurer insolvency, economic credentialling, deselection, financial disincentives to render care, and lack of appeal or grievance mechanisms. These issues and others have resulted in injuries to patients and damage to the patient/physician relationship. This article discusses some of the more dramatic litigated cases and endeavors to alert both physicians and patients to potential legal matters that should be considered before becoming involved within this structure.

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

Code of Federal Regulations, 2013 CFR

2013-10-01

... Safety and Security. (K) [Reserved] (L) 1852.228-76, Cross-Waiver of Liability for International Space Station Activities. (M) 1852.228-78, Cross-Waiver of Liability for Science or Space Exploration Activities....301 Section 1812.301 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE...

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

Code of Federal Regulations, 2014 CFR

2014-10-01

... Safety and Security. (K) [Reserved] (L) 1852.228-76, Cross-Waiver of Liability for International Space Station Activities. (M) 1852.228-78, Cross-Waiver of Liability for Science or Space Exploration Activities....301 Section 1812.301 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE...

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

Code of Federal Regulations, 2011 CFR

2011-10-01

... Safety and 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....301 Section 1812.301 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE...

Legal Aspects of Personnel Management in Higher Education.

ERIC Educational Resources Information Center

Kaiser, Michael G.; Greer, Dwight

1988-01-01

Reviews legislation and court decisions affecting higher education with respect to labor relations, promotion of minorities, retrenchment, sexual harassment, liability insurance, the impact of AIDS on personnel policies, affirmative action, and equal employment opportunity. (DMM)

Risk, liability, and economic issues with long-term CO2 storage—A review

USGS Publications Warehouse

Anderson, Steven T.

2017-01-01

Given a scarcity of commercial-scale carbon capture and storage (CCS) projects, there is a great deal of uncertainty in the risks, liability, and their cost implications for geologic storage of carbon dioxide (CO2). The probabilities of leakage and the risk of induced seismicity could be remote, but the volume of geologic CO2 storage (GCS) projected to be necessary to have a significant impact on increasing CO2 concentrations in the atmosphere is far greater than the volumes of CO2 injected thus far. National-level estimates of the technically accessible CO2storage resource (TASR) onshore in the United States are on the order of thousands of gigatons of CO2 storage capacity, but such estimates generally assume away any pressure management issues. Pressure buildup in the storage reservoir is expected to be a primary source of risk associated with CO2 storage, and only a fraction of the theoretical TASR could be available unless the storage operator extracts the saltwater brines or other formation fluids that are already present in the geologic pore space targeted for CO2 storage. Institutions, legislation, and processes to manage the risk, liability, and economic issues with CO2 storage in the United States are beginning to emerge, but will need to progress further in order to allow a commercial-scale CO2 storage industry to develop in the country. The combination of economic tradeoffs, property rights definitions, liability issues, and risk considerations suggests that CO2 storage offshore of the United States may be more feasible than onshore, especially during the current (early) stages of industry development.

Herbicides as an alternative to prescribed burning for achieving wildlife management objectives

Treesearch

T. Bently Wigley; Karl V. Miller; David S. deCalesta; Mark W. Thomas

2002-01-01

Prescribed burning is used for many silvicultural and wildlife management objectives. However, the use of prescribed burning can be constrained due to difficulties in obtaining burning permits, concerns about liability, potential effects of scorch on growth and survival of crop trees, its sometimes ineffective results, limited burning days, and the costs of applying,...

26 CFR 53.4941(c)-1 - Special rules.

Code of Federal Regulations, 2013 CFR

2013-04-01

... provisions of this paragraph may be illustrated by the following example: Example. A and B, who are managers... display in G's office, in a transaction which gives rise to liability for tax under section 4941(a)(2) (relating to tax on foundation managers). An initial tax is imposed on both A and B with respect to the act...

26 CFR 53.4941(c)-1 - Special rules.

Code of Federal Regulations, 2012 CFR

2012-04-01

... provisions of this paragraph may be illustrated by the following example: Example. A and B, who are managers... display in G's office, in a transaction which gives rise to liability for tax under section 4941(a)(2) (relating to tax on foundation managers). An initial tax is imposed on both A and B with respect to the act...

26 CFR 53.4941(c)-1 - Special rules.

Code of Federal Regulations, 2010 CFR

2010-04-01

... provisions of this paragraph may be illustrated by the following example: Example. A and B, who are managers... display in G's office, in a transaction which gives rise to liability for tax under section 4941(a)(2) (relating to tax on foundation managers). An initial tax is imposed on both A and B with respect to the act...

26 CFR 53.4941(c)-1 - Special rules.

Code of Federal Regulations, 2011 CFR

2011-04-01

... provisions of this paragraph may be illustrated by the following example: Example. A and B, who are managers... display in G's office, in a transaction which gives rise to liability for tax under section 4941(a)(2) (relating to tax on foundation managers). An initial tax is imposed on both A and B with respect to the act...

26 CFR 53.4941(c)-1 - Special rules.

Code of Federal Regulations, 2014 CFR

2014-04-01

... provisions of this paragraph may be illustrated by the following example: Example. A and B, who are managers... display in G's office, in a transaction which gives rise to liability for tax under section 4941(a)(2) (relating to tax on foundation managers). An initial tax is imposed on both A and B with respect to the act...

The Management of Chemical Waste in a University Setting.

ERIC Educational Resources Information Center

Coons, David Michael

This thesis describes a study of the management of chemical waste at the State University of New York at Binghamton. The study revealed that the majority of chemical waste at the university is in the form of hazardous waste. It was hypothesized that the volume, related costs, and potential long-term liability associated with the disposal of…

An Examination of Negligence, Assumption of Risk, and Risk Management in Outdoor Recreation.

ERIC Educational Resources Information Center

Teague, Travis L.

This paper stresses the outdoor recreation and education professionals should understand aspects of liability, negligence, and risk management. There are four elements that must be present if a person or organization is to be considered negligent: the presence of a legal duty of care, a breach of duty, proximate cause, and actual damages. When…

Risk Management and Litigation Avoidance in Outdoor Recreation Programming.

ERIC Educational Resources Information Center

Hanna, Glenda

This paper reviews aspects of Canadian and U.S. law related to liability and negligence of outdoor programs and suggests strategies for risk management. To prove negligence, an individual injured in an outdoor program must prove that the outdoor leader had a duty of care to the participant, standards of care were breached, actual injury was…

[Agent liability: a law in flux].

PubMed

Hardy, J

2000-02-01

This communication aims to show the impact of the recent reform of the French sanitary organization, and of the evolutions of the French law of liability. Contrary to what it seems, the important reform of the safety system has less immediate consequences than the change in laws on the way in which transfusion professionals perceive their juridical situation.

12 CFR 960.2 - Standby letters of credit on behalf of members.

Code of Federal Regulations, 2010 CFR

2010-01-01

... OFF-BALANCE SHEET ITEMS STANDBY LETTERS OF CREDIT § 960.2 Standby letters of credit on behalf of... facilitating community lending; (3) To assist members with asset/liability management; or (4) To provide...

Documentation of violence risk information in psychiatric hospital patient charts: an empirical examination.

PubMed

Elbogen, Eric B; Tomkins, Alan J; Pothuloori, Antara P; Scalora, Mario J

2003-01-01

Studies have identified risk factors that show a strong association with violent behavior in psychiatric populations. Yet, little research has been conducted on the documentation of violence risk information in actual clinical practice, despite the relevance of such documentation to risk assessment liability and to conducting effective risk management. In this study, the documentation of cues of risk for violence were examined in psychiatric settings. Patient charts (n = 283) in four psychiatric settings were reviewed for documentation of violence risk information summarized in the MacArthur Violence Risk Assessment Study. The results revealed that particular patient and institutional variables influenced documentation practices. The presence of personality disorder, for example, predicted greater documentation of cues of violence risk, regardless of clinical setting. These findings have medicolegal implications for risk assessment liability and clinical implications for optimizing risk management in psychiatric practice.

Factors impacting hunter access to private lands in southeast Minnesota

USGS Publications Warehouse

Walberg, Eric; Cornicelli, Louis; Fulton, David C.

2018-01-01

White-tailed deer (Odocoileus virginianus) have important socioeconomic and ecological impacts in the United States. Hunting is considered to be important for the effective management of deer and relies on access to privately owned lands. In 2013, we surveyed nonindustrial private landowners in southeast Minnesota and created two logit models to examine factors that impact landowners’ decision to (a) allow public hunting access and (b) post private property. Parcel characteristics were found to impact landowner decisions to allow hunting access, particularly the size of the property and whether it was posted. Hunting access to small properties was more likely to be restricted to family, friends, and neighbors (83%) compared to medium (74%) or large properties (60%). Hunter concerns (e.g., liability) and knowledge about deer management was significant in both models, suggesting there are opportunities to educate landowners about the importance of allowing public hunting access and available liability protections.

Liability concerns in contraceptive research and development.

PubMed

Segal, S J

1999-12-01

The history of liability claims in the US against contraceptive products is among the issues that discourage manufacturers from investing in discovery and development in this field. Other factors are the high cost of new drug development, elevated insurance rates for contraceptives, and the desire to avoid controversy that can disturb corporate tranquility. General features of the American legal system influence the large number and cost of product liability claims in the US compared to Europe. These differences pertain to issues such as the role of judges, how lawyers receive their compensation, and the use of expert scientific testimony. The history of litigation in the US against pharmaceutical products and devices pertaining to women's health suggests that interventions that involve the reproductive system are held to different standards or elicit different emotional responses than other pharmaceutical products or devices.

Managing the pharmaceutical industry-health system interface.

PubMed

Zarowitz, B J; Muma, B; Coggan, P; Davis, G; Barkley, G L

2001-12-01

Direct-to-consumer advertising, media, and Internet marketing to physicians and patients, as well as enticing marketing strategies, are used by the pharmaceutical industry to ensure market share growth of new drugs. Our health system adopted a strict vendor policy governing detailing and sampling activities of pharmaceutical representatives, but realized that further analysis of vendor influence in our system was needed. An assessment of tangible benefits, ethical concerns, and financial liabilities and gains was conducted to reassess the need for further vendor restriction. Based on our findings, several recommendations have been made. Medical practices and health systems are encouraged to establish and enforce explicit vendor policies, measure their effectiveness, partner proactively with representatives to deliver a drug-detailing message consistent with system initiatives, monitor and regulate continuing medical education funding, and implement strategies to ensure appropriate drug use.

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...

On the regulator-insurer interaction in a structural model

NASA Astrophysics Data System (ADS)

Bernard, Carole; Chen, An

2009-11-01

In this paper, we provide a new insight to the previous work of Briys and de Varenne [E. Briys, F. de Varenne, Life insurance in a contingent claim framework: Pricing and regulatory implications, Geneva Papers on Risk and Insurance Theory 19 (1) (1994) 53-72], Grosen and Jørgensen [A. Grosen, P.L. Jørgensen, Life insurance liabilities at market value: An analysis of insolvency risk, bonus policy, and regulatory intervention rules in a barrier option framework, Journal of Risk and Insurance 69 (1) (2002) 63-91] and Chen and Suchanecki [A. Chen, M. Suchanecki, Default risk, bankruptcy procedures and the market value of life insurance liabilities, Insurance: Mathematics and Economics 40 (2007) 231-255]. We show that the particular risk management strategy followed by the insurance company can significantly change the risk exposure of the company, and that it should thus be taken into account by regulators. We first study how the regulator establishes regulation intervention levels in order to control for instance the default probability of the insurance company. This part of the analysis is based on a constant volatility. Given that the insurance company is informed of regulatory rules, we study how results can be significantly different when the insurance company follows a risk management strategy with non-constant volatilities. We thus highlight some limits of the prior literature and believe that the risk management strategy of the company should be taken into account in the estimation of the risk exposure as well as in that of the market value of liabilities.

Medicaid integrity program; limitation on contractor liability. Final rule.

PubMed

2007-11-30

The Medicaid Integrity Program (the Program) provides that the Secretary promote the integrity of the Medicaid program by entering into contracts with contractors that will review the actions of individuals or entities furnishing items or services (whether fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of the plan approved under section 1115 of the Social Security Act; audit claims for payment of items or services furnished, or administrative services furnished, under a State plan; identify overpayments of individuals or entities receiving Federal funds; and educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This final rule will provide for limitations on a contractor's liability while performing these services under the Program. The final rule will, to the extent possible, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157 (Limitation on Liability) of the Social Security Act.

The law of unintended (financial) consequences: the expansion of HIPAA business associate liability.

PubMed

Tomes, Jonathan P

2013-01-01

The recent Omnibus Rule published by the Department of Health and Human Services greatly expanded liability for breaches of health information privacy and security under the HIPAA statute and regulations. This expansion could have dire financial consequences for the health care industry. The Rule expanded the definition of business associates to include subcontractors of business associates and made covered entities and business associates liable for breaches of the entities who perform a service for them involving the use of individually identifiable health information under the federal common law of agency. Thus, if a covered entity or its "do wnstream" business associate breaches security or privacy, the covered entity or "upstream" business associate may face HIPAA's civil money penalties or a lawsuit. Financial managers need to be aware of these changes both to protect against the greater liability and to plan for the compliance costs inherent in effectively, if not legally, making business associates into covered entities.

[The civil liability of obstetricians].

PubMed

Uphoff, R; Hindemith, J

2011-12-01

The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted. © Georg Thieme Verlag KG Stuttgart · New York.

[Malpractice in Urology: lessons of clinical and legal safety.

PubMed

Vargas-Blasco, César; Gómez-Durán, Esperanza L; Martin-Fumadó, Carles; Arimany-Manso, Josep

2018-06-01

Data about urology malpractice claims in our environment are scarce and should be considered a potential opportunity to "learn from errors". We analyzed every claim for alleged malpractice in Urology managed by the Council of Medical Colleges of Catalonia between 1990 and 2012, and specifically evaluated the clinical and medicolegal features of those cases with medical professional responsibility. We identified 182 cases in 22 years, but only the 25,74%showed professional liability. Testicular torsion misdiagnosis, pregnancies after vasectomy and complications of lithiasis should be noted for their frequency of claims and rate of liability. 246 physicians were involved, 89% were males and mean age was 45.6 years. Most cases (n=137, 75.27%) were processed in the courts. Urology has a medium risk of claims, with a moderate rate of medical professional liability and amount of compensation. There are specific actions that would lead to clinical safety improvements, particularly in testicular pathologies, vasectomy and lithiasis. Finally, more attention should be paid to proper patient information.

A knowledge management-based intranet: asset or EBM liability?

PubMed

Mimnagh, Christopher

2005-01-01

This paper summarises the presentation given at the British Computer Society Primary Health Care Specialist Group annual conference 2004. It outlines the four years of experience gained in implementing a knowledge management-based intranet across a local health community. Consideration is given to definitions of knowledge management and evidence-based medicine. The paper outlines the potential impacts and actual results over the four-year period, with reference to the wider issues involved.

AHTD cracking protocol application with automated distress survey for design and management.

DOT National Transportation Integrated Search

2011-03-09

Manual surveys of pavement cracking have problems associated with variability, repeatability, processing : speed, and cost. If conducted in the field, safety and related liability of manual survey present challenges : to highway agencies. Therefore a...

Disclosure, Apology, and Offer Programs: Stakeholders' Views of Barriers to and Strategies for Broad Implementation

PubMed Central

Bell, Sigall K; Smulowitz, Peter B; Woodward, Alan C; Mello, Michelle M; Duva, Anjali Mitter; Boothman, Richard C; Sands, Kenneth

2012-01-01

Context The Disclosure, Apology, and Offer (DA&O) model, a response to patient injuries caused by medical care, is an innovative approach receiving national attention for its early success as an alternative to the existing inherently adversarial, inefficient, and inequitable medical liability system. Examples of DA&O programs, however, are few. Methods Through key informant interviews, we investigated the potential for more widespread implementation of this model by provider organizations and liability insurers, defining barriers to implementation and strategies for overcoming them. Our study focused on Massachusetts, but we also explored themes that are broadly generalizable to other states. Findings We found strong support for the DA&O model among key stakeholders, who cited its benefits for both the liability system and patient safety. The respondents did not perceive any insurmountable barriers to broad implementation, and they identified strategies that could be pursued relatively quickly. Such solutions would permit a range of organizations to implement the model without legislative hurdles. Conclusions Although more data are needed about the outcomes of DA&O programs, the model holds considerable promise for transforming the current approach to medical liability and patient safety. PMID:23216427

Disclosure, apology, and offer programs: stakeholders' views of barriers to and strategies for broad implementation.

PubMed

Bell, Sigall K; Smulowitz, Peter B; Woodward, Alan C; Mello, Michelle M; Duva, Anjali Mitter; Boothman, Richard C; Sands, Kenneth

2012-12-01

The Disclosure, Apology, and Offer (DA&O) model, a response to patient injuries caused by medical care, is an innovative approach receiving national attention for its early success as an alternative to the existing inherently adversarial, inefficient, and inequitable medical liability system. Examples of DA&O programs, however, are few. Through key informant interviews, we investigated the potential for more widespread implementation of this model by provider organizations and liability insurers, defining barriers to implementation and strategies for overcoming them. Our study focused on Massachusetts, but we also explored themes that are broadly generalizable to other states. We found strong support for the DA&O model among key stakeholders, who cited its benefits for both the liability system and patient safety. The respondents did not perceive any insurmountable barriers to broad implementation, and they identified strategies that could be pursued relatively quickly. Such solutions would permit a range of organizations to implement the model without legislative hurdles. Although more data are needed about the outcomes of DA&O programs, the model holds considerable promise for transforming the current approach to medical liability and patient safety. © 2012 Milbank Memorial Fund.

The advent of clinical standards for professional liability.

PubMed

Holzer, J F

1990-02-01

The development of clinically based written standards to reduce the frequency and severity of medical malpractice loss appears to be gaining in popularity among provider specialty groups and professional liability underwriters. To date, such standards have addressed problems in specialties such as obstetrics and anesthesia where dollar losses associated with malpractice claims have been high. Guidelines can be developed and used by providers on a purely voluntary basis or mandated on an involuntary basis by third parties such as malpractice insurance companies or legislators. Because the advent of risk-control standards is a relatively new phenomenon, formal scientific studies on the long-term benefits of such guidelines have not yet been published. However, it appears that sharp reductions of malpractice losses in specialties such as anesthesia have coincided with the implementation of formal written standards specifically designed for liability control. This has led some liability insurance carriers to decrease premiums associated with specialists following such standards. Many providers are understandably concerned about the potential use of written standards by plaintiff attorneys in medical malpractice suits. Although it is possible that such policies and guidelines could be admitted into evidence to show that a provider breached the legal duty or standard of care owed to a patient, it is uncertain whether these risk-control standards could ultimately pass the evidentiary rules of relevancy or materiality in a given lawsuit. It is clear, however, that the consensus-based process of creating clinical standards and guidelines specifically for controlling professional liability losses is itself a powerful and emerging standard for health care risk management programs.

Effects of a Malpractice Crisis on Specialist Supply and Patient Access to Care

PubMed Central

Mello, Michelle M.; Studdert, David M.; DesRoches, Catherine M.; Peugh, Jordon; Zapert, Kinga; Brennan, Troyen A.; Sage, William M.

2005-01-01

Objective: To investigate specialist physicians' practice decisions in response to liability concerns and their perceptions of the impact of the malpractice environment on patient access to care. Summary Background Data: A perennial concern during “malpractice crises” is that liability costs will drive physicians in high-risk specialties out of practice, creating specialist shortages and access-to-care problems. Methods: Mail survey of 824 Pennsylvania physicians in general surgery, neurosurgery, orthopedic surgery, obstetrics/gynecology, emergency medicine, and radiology eliciting information on practice decisions made in response to rising liability costs. Results: Strong majorities of specialists reported increases over the last 3 years in patients' driving distances (58%) and waiting times (83%) for specialist care or surgery, waiting times for emergency department care (82%), and the number of patients forced to switch physicians (89%). Professional liability costs and managed care were both considered important contributing factors. Small proportions of specialists reported that they would definitely retire (7%) or relocate their practice out of state (4%) within the next 2 years; another third (32% and 29%, respectively) said they would likely do so. Forty-two percent of specialists have reduced or eliminated high-risk aspects of their practice, and 50% are likely to do so over the next 2 years. Conclusions: Our data suggest that claims of a “physician exodus” from Pennsylvania due to rising liability costs are overstated, but the malpractice situation is having demonstrable effects on the supply of specialist physicians in affected areas and their scope of practice, which likely impinges upon patients' access to care. PMID:16244532

Utilization management in anatomic pathology.

PubMed

Lewandrowski, Kent; Black-Schaffer, Steven

2014-01-01

There is relatively little published literature concerning utilization management in anatomic pathology. Nonetheless there are many utilization management opportunities that currently exist and are well recognized. Some of these impact only the cost structure within the pathology department itself whereas others reduce charges for third party payers. Utilization management may result in medical legal liabilities for breaching the standard of care. For this reason it will be important for pathology professional societies to develop national utilization guidelines to assist individual practices in implementing a medically sound approach to utilization management. © 2013.

Consumption Behavior Analytics-Aided Energy Forecasting and Dispatch

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

Zhang, Yingchen; Yang, Rui; Jiang, Huaiguang

For decades, electricity customers have been treated as mere recipients of electricity in vertically integrated power systems. However, as customers have widely adopted distributed energy resources and other forms of customer participation in active dispatch (such as demand response) have taken shape, the value of mining knowledge from customer behavior patterns and using it for power system operation is increasing. Further, the variability of renewable energy resources has been considered a liability to the grid. However, electricity consumption has shown the same level of variability and uncertainty, and this is sometimes overlooked. This article investigates data analytics and forecasting methodsmore » to identify correlations between electricity consumption behavior and distributed photovoltaic (PV) output. The forecasting results feed into a predictive energy management system that optimizes energy consumption in the near future to balance customer demand and power system needs.« less

12 CFR 614.4900 - Foreign exchange.

Code of Federal Regulations, 2010 CFR

2010-01-01

... with relationship to the customer's financial capability to bear the financial risks assumed. The bank..., where such transactions or positions normally reduce risks in the conduct and management of..., liabilities, and foreign exchange contracts. (3) Outstanding contracts with individual customers and banks. (4...

77 FR 67837 - Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-14

... uranium enrichment facility in accordance with 10 CFR Parts 40 and 70. 7. An estimate of the number of... amended, and (b) the liability insurance required of uranium enrichment facility licensees pursuant to...

Sexual Harrassment--A Growing Problem in the Workplace.

ERIC Educational Resources Information Center

Petersen, Donald J.; Massengill, Douglass

1982-01-01

Cites court cases and Equal Employment Opportunity Commission guidelines that affix employer liability for sexual harassment. Offers management advice on developing policies and practices for dealing with sexual harassment that are based on responses from 74 "Fortune 500" firms. (Author/MLF)

12 CFR 614.4900 - Foreign exchange.

Code of Federal Regulations, 2014 CFR

2014-01-01

... with relationship to the customer's financial capability to bear the financial risks assumed. The bank..., where such transactions or positions normally reduce risks in the conduct and management of..., liabilities, and foreign exchange contracts. (3) Outstanding contracts with individual customers and banks. (4...

12 CFR 614.4900 - Foreign exchange.

Code of Federal Regulations, 2013 CFR

2013-01-01

... with relationship to the customer's financial capability to bear the financial risks assumed. The bank..., where such transactions or positions normally reduce risks in the conduct and management of..., liabilities, and foreign exchange contracts. (3) Outstanding contracts with individual customers and banks. (4...

Livestock impacts for management of reclaimed land at Navajo Mine: The decision-making process

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

Estrada, O.J.; Grogan, S.; Gadzia, K.L.

1997-12-31

Livestock grazing is the post-mining use for reclaimed land at Navajo Mine, a large surface coal mine on the Navajo Nation in northwest New Mexico. The Navajo Mine Grazing Management Program (GMP) uses holistic management on approximately 2,083 ha of reclaimed land to plan for final liability release and return of the land to the Navajo Nation, and to minimize the potential for post-release liability. The GMP began in 1991 to establish that livestock grazing on the reclaimed land is sustainable. Assuming that sustainability requires alternatives to conventional land management practices, the GMP created a Management Team consisting of companymore » staff, local, Navajo Nation, and Federal government officials, and technical advisors. Community members contributed to the formation of a holistic goal for the GMP that articulates their values and their desire for sustainable grazing. Major decisions (e.g., artificial insemination, water supply, supplemental feed) are tested against the goal. Biological changes in the land and the grazing animals are monitored daily to provide early feedback to managers, and annually to document the results of grazing. To date, the land has shown resilience to grazing and the animals have generally prospered. Community participation in the GMP and public statements of support by local officials indicate that the GMP`s strategy is likely to succeed.« less

Smoke Management: Toward a Data Base to Validate PB-Piedmont - Numerical Simulation of Smoke on the Ground at Night

Treesearch

Gary L. Achtemeier

1999-01-01

The use of fire for controlled burning to meet objectives for silviculture or for ecosystem management carries the risk of liability for smoke. Near-ground smoke can degrade air quality, reduce visibility, aggravate health problems, and create a general nuisance. At night, smoke can locally limit visibility over roadways creating serious hazards to transportation. PB-...

Business Entity Selection: Why It Matters to Healthcare Practitioners. Part II--Corporations, Limited Liability Companies, and Professional Entities.

PubMed

Nithman, Robert W

2015-01-01

The Bureau of Labor statistics indicates only a 50% four-year survivability rate among businesses classified as "education and health services." Gaining knowledge of IRS business entities can result in cost savings, operational efficiency, reduced liability, and enhanced sustainability. Each entity has unique disadvantages, depending on size, diversity of ownership, desire to expand, and profitability. Business structures should be compatible with organizational mission or vision statements, services and products, and professional codes of ethics. Healthcare reform will require greater business acumen. We have an ethical duty to disseminate and acquire the knowledge to properly establish and manage healthcare practices to ensure sustainable services that protect and serve the community.

Protecting Your Park When Lightning Strikes.

ERIC Educational Resources Information Center

Frydenlund, Marvin M.

1987-01-01

A formula for assessing specific risk of lightning strikes is provided. Recent legal cases are used to illustrate potential liability. Six actions park managers can take to minimize danger from lightning are presented, and commonsense rules which should be publicly posted are listed. (MT)

Trends in Personal Injury Suits.

ERIC Educational Resources Information Center

van der Smissen, Betty

1985-01-01

Professional competence becomes more important as personal injury suits against recreation enterprises and parks focus increasingly on the professional responsible for facility safety. All professionals should be aware of and educated in risk management. Trends in liability awards and providers' legal responsibilities in various situations are…

Superfund Public Information System (SPIS), January 1999

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

NONE

1999-01-01

The Superfund Public Information System (SPIS) on CD-ROM contains Superfund data for the United States Environmental Protection Agency. The Superfund data is a collection of three databases: Records of Decision (RODS); Comprehensive Environmental, Response, Compensation, and Liability Information System (CERCLIS); and Archive (NFRAP). Descriptions of these databases and CD contents are listed below. Data content: The CD contains the complete text of the official ROD documents signed and issued by EPA from fiscal years 1982--1996; 147 RODs for fiscal year 1997; and seven RODs for fiscal year 1998. The CD also contains 89 Explanation of Significant Difference (ESD) documents, asmore » well as 48 ROD Amendments. CERCLIS and Archive (NFRAP) data is through January 19, 1999. RODS is the Records Of Decision System. RODS is used to track site clean-ups under the Superfund program to justify the type of treatment chosen at each site. RODS contains information on technology justification, site history, community participation, enforcement activities, site characteristics, scope and role of response action, and remedy. Explanation of Significant Differences (ESDs) are also available on the CD. CERCLIS is the Comprehensive Environmental Response, Compensation, and Liability Information System. It is the official repository for all Superfund site and incident data. It contains comprehensive information on hazardous waste sites, site inspections, preliminary assessments, and remedial status. The system is sponsored by the EPA`s Office of Emergency and Remedial Response, Information Management Center. Archive (NFRAP) consists of hazardous waste sites that have no further remedial action planned; only basic identifying information is provided for archive sites. The sites found in the Archive database were originally in the CERCLIS database, but were removed beginning in the fall of 1995.« less

Th17/T regulator cell balance and NK cell numbers in relation to psychosis liability and social stress reactivity.

PubMed

Counotte, J; Drexhage, H A; Wijkhuijs, J M; Pot-Kolder, R; Bergink, V; Hoek, H W; Veling, W

2018-03-01

Psychotic disorders are characterized by a deranged immune system, including altered number and function of Natural Killer (NK) and T cells. Psychotic disorders arise from an interaction between genetic vulnerability and exposure to environmental risk factors. Exposure to social adversity during early life is particularly relevant to psychosis risk and is thought to increase reactivity to subsequent minor daily social stressors. Virtual reality allows controlled experimental exposure to virtual social stressors. To investigate the interplay between social adversity during early life, cell numbers of NK cells and T helper subsets and social stress reactivity in relation to psychosis liability. Circulating numbers of Th1, Th2, Th17, T regulator and NK cells were determined using flow cytometry in 80 participants with low psychosis liability (46 healthy controls and 34 siblings) and 53 participants with high psychosis liability (14 ultra-high risk (UHR) patients and 39 recent-onset psychosis patients), with and without the experience of childhood trauma. We examined if cell numbers predicted subjective stress when participants were exposed to social stressors (crowdedness, hostility and being part of an ethnic minority) in a virtual reality environment. There were no significant group differences in Th1, Th2, Th17, T regulator and NK cell numbers between groups with a high or low liability for psychosis. However, in the high psychosis liability group, childhood trauma was associated with increased Th17 cell numbers (p = 0.028). Moreover, in the high psychosis liability group increased T regulator and decreased NK cell numbers predicted stress experience during exposure to virtual social stressors (p = 0.015 and p = 0.009 for T regulator and NK cells, respectively). A deranged Th17/T regulator balance and a reduced NK cell number are associated intermediate biological factors in the relation childhood trauma, psychosis liability and social stress reactivity. Copyright © 2018 Elsevier Inc. All rights reserved.

Government Contract Contingent Liabilities. The Anti-Deficiency Act, and the Hobgoblin of Little Minds

DTIC Science & Technology

1984-09-01

Limitation of liability without reservation of funds mabe a "naked promise ............." ........ 64 B. ADMINISTRATIVE RESERVATION OF FUNDS...John J. Judy, DOD OAGC (Logistics), Memorandum for Mr. James Brannen, Director Defense Acquisition Regulatory Systems/DARS (June 29, 1982). 39. 62 Comp...65. Letter from Karl G. Harr, Jr.; President, Aerospace Industries Ass’n of America, Inc. to James . Brannan, Director, DC-fense Acquisition

Liabilities and Responsibilities of the Construction Manager for Implementation and Management of the Safety Program.

DTIC Science & Technology

1987-12-01

acting as an agent of the owner, and the owner contracts directly with several prime or trade contractors. There are four different agreements associated...safety precautions and programs in connection with the project or for the construction manager’s obligations as the agent of the owner. AIA A201/CM...require the general contractor to exercise reasonable care for safety of the subcontractor’s employees. Owners and their agents must be careful that

Strategic real-estate planning can generate revenue.

PubMed

Hayes, D; Hays, S

2001-12-01

Many healthcare organizations treat their real estate as liabilities rather than assets and overlook opportunities to generate significant additional revenue and reduce costs. An Ernst & Young Study found that to maximize the return on investment in their real-estate holdings, healthcare organizations need to include property management in their strategic plan, manage construction and expansion effectively, adapt and reuse their facilities where possible, and pursue innovative real-estate strategies. Managing real-estate assets effectively can free up capital to use for other core business needs.

Communication-and-resolution programs: the challenges and lessons learned from six early adopters.

PubMed

Mello, Michelle M; Boothman, Richard C; McDonald, Timothy; Driver, Jeffrey; Lembitz, Alan; Bouwmeester, Darren; Dunlap, Benjamin; Gallagher, Thomas

2014-01-01

In communication-and-resolution programs (CRPs), health systems and liability insurers encourage the disclosure of unanticipated care outcomes to affected patients and proactively seek resolutions, including offering an apology, an explanation, and, where appropriate, reimbursement or compensation. Anecdotal reports from the University of Michigan Health System and other early adopters of CRPs suggest that these programs can substantially reduce liability costs and improve patient safety. But little is known about how these early programs achieved success. We studied six CRPs to identify the major challenges in and lessons learned from implementing these initiatives. The CRP participants we interviewed identified several factors that contributed to their programs' success, including the presence of a strong institutional champion, investing in building and marketing the program to skeptical clinicians, and making it clear that the results of such transformative change will take time. Many of the early CRP adopters we interviewed expressed support for broader experimentation with these programs even in settings that differ from their own, such as systems that do not own and control their liability insurer, and in states without strong tort reforms.

Marine nitrous oxide emissions: An unknown liability for the international water sector

EPA Science Inventory

Reliable estimates of anthropogenic greenhouse gas (GHG) emissions are essential for setting effective climate policy at both the sector and national level. Current IPCC Guidelines for calculating nitrous oxide (N2O) emissions from sewage management are both highly uncertain and ...

UBIT Issues for Colleges and Universities.

ERIC Educational Resources Information Center

Roady, Celia

1997-01-01

College and university liability for unrelated business income tax (UBIT) is increasing as institutions embrace new income-producing possibilities, such as facility rentals, management contracts, affinity credit cards, exclusivity arrangements for sales on campus, and alumni travel programs. Common tax and legal issues related to these…

12 CFR 1229.1 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... equivalent employee; (iii) Chief Administrative Officer or an equivalent employee; (iv) Chief Risk Officer or an equivalent employee; (v) Asset and Liability Management officer, or an equivalent employee; (vi...), plus the amount paid-in for the Bank's Class B stock. Risk-based capital requirement means any capital...

Transportation Practices in Community College Athletics

ERIC Educational Resources Information Center

LaVetter, David; Kim, Hyun Duck

2010-01-01

Over 45,000 U.S. community college athletes were transported to events during 2005-2006. Transporting college athletes has been an overlooked risk management issue facing administrators. Team travel accidents have caused death, injury, liability claims, property loss, and grief. National Junior College Athletic Association (NJCAA) member…

IRBs, conflict and liability: will we see IRBs in court? Or is it when?

PubMed

Icenogle, Daniel L

2003-01-01

The entire human research infrastructure is under intense and increasing financial pressure. These pressures may have been responsible for several errors in judgment by those responsible for managing human research and protecting human subjects. The result of these errors has been some terrible accidents, some of which have cost the lives of human research volunteers. This, in turn, is producing both increased liability risk for those who manage the various aspects of human research and increasing scrutiny as to the capability of the human research protection structure as currently constituted. It is the author's contention that the current structure is fully capable of offering sufficient protection for participants in human research-if Institutional Review Board (IRB) staff and members are given sufficient resources and perform their tasks with sufficient responsibility. The status quo alternative is that IRBs and their members will find themselves at great risk of becoming defendants in lawsuits seeking compensation for damages resulting from human experimentation gone awry.

Shortcuts in complex engineering systems: a principal-agent approach to risk management.

PubMed

Garber, Russ; Paté-Cornell, Elisabeth

2012-05-01

In this article, we examine the effects of shortcuts in the development of engineered systems through a principal-agent model. We find that occurrences of illicit shortcuts are closely related to the incentive structure and to the level of effort that the agent is willing to expend from the beginning of the project to remain on schedule. Using a probabilistic risk analysis to determine the risks of system failure from these shortcuts, we show how a principal can choose optimal settings (payments, penalties, and inspections) that can deter an agent from cutting corners and maximize the principal's value through increased agent effort. We analyze the problem for an agent with limited liability. We consider first the case where he is risk neutral; we then include the case where he is risk averse. © 2011 Society for Risk Analysis.

Motivation, emotion regulation, and the latent structure of psychopathology: An integrative and convergent historical perspective.

PubMed

Beauchaine, Theodore P; Zisner, Aimee

2017-09-01

Motivational models of psychopathology have long been advanced by psychophysiologists, and have provided key insights into neurobiological mechanisms of a wide range of psychiatric disorders. These accounts emphasize individual differences in activity and reactivity of bottom-up, subcortical neural systems of approach and avoidance in affecting behavior. Largely independent literatures emphasize the roles of top-down, cortical deficits in emotion regulation and executive function in conferring vulnerability to psychopathology. To date however, few models effectively integrate functions performed by bottom-up emotion generation system with those performed by top-down emotion regulation systems in accounting for alternative expressions of psychopathology. In this article, we present such a model, and describe how it accommodates the well replicated bifactor structure of psychopathology. We describe how excessive approach motivation maps directly into externalizing liability, how excessive passive avoidance motivation maps directly into internalizing liability, and how emotion dysregulation and executive function map onto general liability. This approach is consistent with the Research Domain Criteria initiative, which assumes that a limited number of brain systems interact to confer vulnerability to many if not most forms of psychopathology. Copyright © 2017 Elsevier B.V. All rights reserved.

Smart Practices In Building Interorganizational Collaborative Capacity to Strengthen the Florida Comprehensive Disaster Management Enterprise

DTIC Science & Technology

2011-12-01

private company , homeland security and disaster response affects most organizations and networks of people at specific periods of their existence...Preparedness and Assistance Trust Fund, due to controversy over a $2.00 assessment on homeowners’ insurance policies and a $4.00 assessment on commercial...fuel management strategies while taking into consideration rules for traffic safety, insurance and liability factors, right-of-ways and land

Environmental pollution liability insurance in China: in need of strong government backing.

PubMed

Feng, Yan; Mol, Arthur P J; Lu, Yonglong; He, Guizhen; van Koppen, C S A

2014-09-01

Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few successful compensation cases have been reported. Still, pollution insurance faces a number of challenges in China. The absence of a national law weakens the legal basis of pollution insurance, and poor technical support stagnates further implementation. Moreover, current pollution insurance products have limited risk coverage, high premium rates, and low loss ratios, which make them fairly unattractive to polluters. Meanwhile, low awareness of environmental and social liabilities leads to limited demand for pollution insurance products by industrial companies. Hence, the pollution insurance market is not yet flourishing in China. To improve this situation, this economic instrument needs stronger backing by the Chinese state.

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.

Safety in Riding Programs: A Director's Guide.

ERIC Educational Resources Information Center

Kpachavi, Teresa

1996-01-01

Camp riding programs should be examined regularly for liability and risk management issues. Elements of a basic safety assessment include requiring proper safety apparel, removing obstructions from riding rings, ensuring doors and gates are closed, requiring use of lead ropes, securing equine medications, banning smoking, posting written…

50 CFR 679.26 - Prohibited Species Donation Program.

Code of Federal Regulations, 2014 CFR

2014-10-01

... ALASKA Management Measures § 679.26 Prohibited Species Donation Program. (a) Authorized species. The PSD... maintain adequate funding for the distribution of fish under the PSD program. (vii) A copy of the applicant... received under the PSD program, including sufficient liability insurance to cover public interests relating...

50 CFR 679.26 - Prohibited Species Donation Program.

Code of Federal Regulations, 2013 CFR

2013-10-01

... ALASKA Management Measures § 679.26 Prohibited Species Donation Program. (a) Authorized species. The PSD... maintain adequate funding for the distribution of fish under the PSD program. (vii) A copy of the applicant... received under the PSD program, including sufficient liability insurance to cover public interests relating...

50 CFR 679.26 - Prohibited Species Donation Program.

Code of Federal Regulations, 2012 CFR

2012-10-01

... ALASKA Management Measures § 679.26 Prohibited Species Donation Program. (a) Authorized species. The PSD... maintain adequate funding for the distribution of fish under the PSD program. (vii) A copy of the applicant... received under the PSD program, including sufficient liability insurance to cover public interests relating...

Risk and Adventure Education.

ERIC Educational Resources Information Center

Nichols, Geoff

2002-01-01

In adventure education, risk is important to achieving program objectives. An increased concern with legal liability and the concentration of media attention on negative outcomes have contributed to an increased social aversion to risk. Adventure education must establish that risk leads to personal growth and can be managed constructively in the…

Prevention of addiction in pain management

DOEpatents

Dewey, Stephen L.; Brodie, Jonathan D.; Ashby, Jr., Charles R.

2005-09-06

The present invention provides a composition for treating pain. The composition includes a pharmaceutically acceptable analgesic and a GABAergic agent, such as gamma vinyl GABA, effective in reducing or eliminating the addictive liability of the analgesic. The invention also includes a method for reducing or eliminating the addictive

17 CFR 248.120 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... S-P AND S-AM Regulation S-AM: Limitations on Affiliate Marketing § 248.120 Definitions. As used in... Securities and Exchange Commission. (e) Company means any corporation, limited liability company, business... company means the power to exercise a controlling influence over the management or policies of a company...

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.

Preemptive financial strategies help IPAs avoid insolvency.

PubMed

Karling, J; Silberman, L

2000-11-01

The 1999 collapse in California of practice management giants FPA Medical Management, Inc. and MedPartners, Inc. has caused healthcare provider organizations, particularly independent practice associations (IPAs), to examine critical issues related to financial solvency. Problems such as declining membership, ineffective management, weak contracting, and lack of strategic vision frequently are encountered by troubled provider organizations. The common thread that runs through IPA failures is a combination of unreliable accounting data and inadequate reporting systems. This lack of satisfactory financial and reporting information impairs the ability of the provider group to maintain sufficient funds to cover expenses and pay physicians. Successful, financially stable provider networks use well-defined reporting procedures based on fundamental accounting and financial concepts, as well as a sound methodology for measuring and calculating claims liability estimates. In California, new regulations aimed at encouraging provider organizations to assume preemptive financial strategies are in the process of being adopted. IPAs in every state should consider reviewing these regulations as benchmarks by which to assess their financial procedures.

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.

Sanitizing Rhetorics of the Commercial Blood Plasma Industry.

ERIC Educational Resources Information Center

Anderson, Leon; Moser, Christina

The United States blood plasma industry uses various rhetorics to access donors and markets its products while managing its stigma and potential legal liability. The industry includes both the public "nonprofit" sector and the private, for-profit blood collection and manufacturing businesses owned by pharmaceutical companies that rely on…

Conducting Midterm Performance Reviews: An Exercise for Teaching Performance Management

ERIC Educational Resources Information Center

Bull Schaefer, Rebecca A.

2018-01-01

Although the annual performance review has received much criticism from practitioners and researchers alike, organizations continue to use coaching and/or reviews to maximize employee effectiveness and minimize liabilities. A semester class is a great context to practice skills relating to tracking and reviewing performance. This article describes…

76 FR 51289 - Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investment...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-18

... flexibility to meet their liquidity needs and accomplish their asset/liability management strategies in... mechanisms for identifying, measuring, and reporting exposures, and strong corporate governance. The recent... least quarterly on the following: Plans and strategies for achieving the board's objectives for the...

75 FR 12559 - Statement of Organization, Functions and Delegations of Authority

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-16

... National, State and local professional organizations to promote quality assurance efforts and deter fraud... publishes State Board compliance reports; (3) conducts audits to ensure validity of data in the banks; (4) develops programs of research on trends in data, quality assurance, risk management, medical liability and...

13 CFR 107.865 - Control of a Small Business by a Licensee.

Code of Federal Regulations, 2010 CFR

2010-01-01

... corporation, general partners of a limited partnership, or managers of a limited liability company, as... BUSINESS INVESTMENT COMPANIES Financing of Small Businesses by Licensees Structuring Licensee's Financing... of directors, or otherwise. The period of such Control will be limited to the seventh anniversary of...

Trustees and Preventive Law.

ERIC Educational Resources Information Center

Weeks, Kent T.

1980-01-01

The need for college trustees and administrators to develop better procedures and management techniques to minimize potential liability to lawsuits is addressed. A trend for seeking judicial relief on campuses and suits filed against deans, trustees, and presidents, as well as the school, are noted. Trustees need to be informed about new…

30 CFR 285.533 - How does my surety obtain cancellation of my bond?

Code of Federal Regulations, 2011 CFR

2011-07-01

... bond? 285.533 Section 285.533 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY ALTERNATE USES OF EXISTING FACILITIES ON THE... issuing the new bond has expressly agreed to assume all outstanding liabilities under the original bond...

Overcoming Barriers to Implementing Outdoor and Environmental Education (Continued): Safety/Legal Liability.

ERIC Educational Resources Information Center

Hanna, Glenda

1994-01-01

A risk management plan for outdoor education programs should include procedures for regular program implementation, as well as rescue, first aid, and accident follow-up procedures. Stresses understanding legal and ethical responsibilities and the importance of sufficient insurance protection. Includes suggestions for dealing with conflicts in…

Legal Issues & Education Technology: A School Leader's Guide.

ERIC Educational Resources Information Center

National School Boards Association, Alexandria, VA. Council of School Attorneys.

Rapid development of new technologies has outpaced the development of related law, leaving educators in doubt about the management of copyright, privacy, liability, and security. A key provision of facilitating a healthy and safe environment for technology use is the school district's "Acceptable Use Policy" (AUP), which states that use…

12 CFR 5.34 - Operating subsidiaries.

Code of Federal Regulations, 2012 CFR

2012-01-01

... entity if: (A) The bank has the ability to control the management and operations of the subsidiary; (B... entity is a corporation, limited liability company, or limited partnership; and (3) The bank: (i) Has the... analysis if the proposal is novel, unusually complex, or raises substantial unresolved legal issues. In...

12 CFR 5.34 - Operating subsidiaries.

Code of Federal Regulations, 2013 CFR

2013-01-01

... entity if: (A) The bank has the ability to control the management and operations of the subsidiary; (B... entity is a corporation, limited liability company, or limited partnership; and (3) The bank: (i) Has the... analysis if the proposal is novel, unusually complex, or raises substantial unresolved legal issues. In...

12 CFR 5.34 - Operating subsidiaries.

Code of Federal Regulations, 2011 CFR

2011-01-01

... entity if: (A) The bank has the ability to control the management and operations of the subsidiary; (B... section; (2) The entity is a corporation, limited liability company, or limited partnership; and (3) The... require an applicant to submit a legal analysis if the proposal is novel, unusually complex, or raises...

12 CFR 5.34 - Operating subsidiaries.

Code of Federal Regulations, 2014 CFR

2014-01-01

... entity if: (A) The bank has the ability to control the management and operations of the subsidiary; (B... entity is a corporation, limited liability company, or limited partnership; and (3) The bank: (i) Has the... analysis if the proposal is novel, unusually complex, or raises substantial unresolved legal issues. In...

Use of intermediaries in DWI deterrence. Volume 3, Dram shop acts, common law liability and state alcoholic beverage control (ABC) enforcement as potential DWI countermeasures

DOT National Transportation Integrated Search

1983-04-01

Many trips undertaken by alcohol-impaired drivers originate at public drinking establishments: bars, taverns, nightclubs, restaurants, etc. The managers and service personnel (bartenders, waiters, waitresses) in these establishments could play a role...

What Constitutes Maintenance

ERIC Educational Resources Information Center

Becker, J. Thomas

2011-01-01

In most cases the facilities inventory of an educational institution is its largest fiscal asset. The physical plant or facilities management department is the steward for keeping that asset from becoming a liability. Its principal charge is to make sure that the building inventory maintains its ability to function as intended, that it is safe and…

31 CFR 223.11 - Limitation of risk: Protective methods.

Code of Federal Regulations, 2010 CFR

2010-07-01

... (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING... prescribed in § 223.10 may be complied with by the following methods: (a) Coinsurance. Two or more companies... underwriting limitations. Each company shall limit its liability upon the face of the bond or policy, to a...

Your Insurance Dollar. Money Management.

ERIC Educational Resources Information Center

Baran, Nancy H., Ed.

This booklet provides some practical guidelines for determining total insurance needs, examining options, and comparing costs. It discusses how to fit insurance costs into an overall financial plan, the necessity of adequate liability coverage, and the importance of keeping policies up to date. The next four sections highlight the basic types of…

77 FR 51534 - Notice of Proposed Prospective Purchaser Agreement Pursuant to the Comprehensive Environmental...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-24

... (``CERCLA''), and the Solid Waste Disposal Act AGENCY: Environmental Protection Agency (EPA). ACTION: Notice..., Compensation, and Liability Act of 1980, as amended (``CERCLA''), and the Solid Waste Disposal Act, commonly... solid waste management units (``SWMUs'') and evaluate remedy options. Both permits have been extended by...

The Development and Implementation of Outdoor-Based Secondary School Integrated Programs

ERIC Educational Resources Information Center

Comishin, Kelly; Dyment, Janet E.; Potter, Tom G.; Russell, Constance L.

2004-01-01

Four teachers share the challenges they faced when creating and running outdoor-focused secondary school integrated programs in British Columbia, Canada. The five most common challenges were funding constraints, insufficient support from administrators and colleagues, time constraints, liability and risk management, and inadequate skills and…

75 FR 79393 - Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-20

... Liquidation Corporation, formerly known as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); and the... Settlement Agreement, Old GM will make a cash payment of $2,484,816 to EPA for remediation at the Harvey...

Basics of elder law and legal liabilities of negligence and malpractice for physicians as they apply to individuals with disabilities.

PubMed

Ullman, David; Zuller, Michael E

2005-02-01

This article provides information regarding the issues that physicians face when dealing with elderly patients with cognitive deficits. It includes a discussion of basic legal terms and concepts that medical personnel should understand, various difficulties encountered by patients and families in crisis situations, and how the legal system deals with these issues. It concludes with a general discussion of the legal liabilities of negligence and malpractice.

Accidental death and the rule of joint and several liability

PubMed Central

Carvell, Daniel; Currie, Janet; MacLeod, W. Bentley

2013-01-01

Most U.S. states have enacted JSL reform, the move from a regime of joint and several liability (JSL) that allows plaintiffs to claim full recovery from any one of multiple defendants to one where defendants are held liable only for the harm they cause. Contrary to previous theoretical work, we show that JSL reform can increase precaution by judgment proof agent by giving “deep pockets” an incentive to reduce their own liability by bringing judgment-proof agents into court. This result can help explain our empirical findings showing that JSL reform reduces death rates (and hence increase precaution) for many types of accidents. Together, these results highlight the role that litigation costs and judgment-proof agents play in the functioning of the American tort system. PMID:25076808

Bankruptcy, product liability, and hazardous waste

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

Sterrett, S.B. Jr.

Bankruptcy does not serve the goals underlying product liability and hazardous waste laws, which are to discourage accidents and to compensate accident victims. The author contends that changes in the existing priority scheme could improve the situation by encouraging corporation to improve their compliance with product liability and hazardous waste laws. He discusses the efficiency rationale of existing laws, then describes the theoretical rationales for the bankruptcy and secured credit systems. His Superpriority Proposal creates two beneficial effects by subordinating voluntary creditors to involuntary creditors: (1) it reduces the extent to which corporate debtors can externalize actual product costs basedmore » on their probability of insolvency, and (2) it provides incentives for voluntary creditors to monitor for debtor misconduct and corporate debtors to reassure and persuade creditors.« less

[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.

The Superconducting Supercollider and US Science Policy

NASA Astrophysics Data System (ADS)

Marburger, John H.

2014-06-01

Reasons for the Superconducting Supercollider's (SSC's) termination include significant changes in the attitude of the government towards large scientific projects originating with management reforms introduced decades earlier. In the 1980s, the government insisted on inclusion of elements of these reforms in the SSC's management contract, including increased demands for accountability, additional liability for contractors, and sanctions for infractions. The SSC's planners could not have opted out of the reforms, which were by then becoming part of all large publicly funded projects. Once these reforms were in place, management mistakes in the SSC's planning and construction became highly visible, leading to termination of the machine. This episode contains two key lessons about science policy. One is that the momentum of the government's management reforms was unstoppable, and its impact on large scientific facilities and projects could not be reversed. The other is that specific measures such as cost and schedule-tracking systems to provide measures of program performance and impact were also inevitable; large scientific projects needed new parameters of accountability and transparency in what can be called the Principle of Assurance.

Clinical safety and professional liability claims in Ophthalmology.

PubMed

Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J

2017-11-01

Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2017 Sociedad Española de Oftalmología. Publicado por Elsevier España, S.L.U. All rights reserved.

Practical management of chemicals and hazardous wastes: An environmental and safety professional`s guide

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

Kuhre, W.L.

This book was written to help the environmental and safety student learn about the field and to help the working professional manage hazardous material and waste issues. For example, one issue that will impact virtually all of these people mentioned is the upcoming environmental standardization movement. The International Standards Organization (ISO) is in the process of adding comprehensive environmental and hazardous waste management systems to their future certification requirements. Most industries worldwide will be working hard to achieve this new level of environmental management. This book presents many of the systems needed to receive certification. In order to properly managemore » hazardous waste, it is important to consider the entire life cycle, including when the waste was a useful chemical or hazardous material. Waste minimization is built upon this concept. Understanding the entire life cycle is also important in terms of liability, since many regulations hold generators responsible from cradle to grave. This book takes the life-cycle concept even further, in order to provide additional insight. The discussion starts with the conception of the chemical and traces its evolution into a waste and even past disposal. At this point the story continues into the afterlife, where responsibility still remains.« less

Complex socio-technical systems: Characterization and management guidelines.

PubMed

Righi, Angela Weber; Saurin, Tarcisio Abreu

2015-09-01

Although ergonomics has paid increasing attention to the perspective of complexity, methods for its operationalization are scarce. This study introduces a framework for the operationalization of the "attribute view" of complexity, which involves: (i) the delimitation of the socio-technical system (STS); (ii) the description of four complexity attributes, namely a large number of elements in dynamic interactions, a wide diversity of elements, unexpected variability, and resilience; (iii) the assessment of six management guidelines, namely design slack, give visibility to processes and outcomes, anticipate and monitor the impacts of small changes, monitor the gap between prescription and practice, encourage diversity of perspectives when making decisions, and create an environment that supports resilience; and (iv) the identification of leverage points for improving the STS design, based on both the analysis of relationships among the attributes and their classification as irreducible/manageable complexity, and liability/asset. The use of the framework is illustrated by the study of an emergency department of a University hospital. Data collection involved analysis of documents, observations of work at the front-line, interviews with employees, and the application of questionnaires. Copyright © 2015 Elsevier Ltd and The Ergonomics Society. All rights reserved.

Advanced Vehicle Control Systems Potential Tort Liability For Developers

DOT National Transportation Integrated Search

1993-12-01

AUTOMOBILE ACCIDENTS AVOIDED BECAUSE THE AUTOMATIC COLLISION AVOIDANCE SYSTEM APPLIES THE BRAKES, HIGHWAYS WHICH ACCOMMODATE MORE VEHICLES WITH FEWER ACCIDENTS, AND EVEN CARS WHICH ARE PILOTED ENTIRELY BY SOPHISTICATED ELECTRONIC SYSTEMS -- ALL OF TH...

The Therapeutic Potential of Nociceptin/Orphanin FQ Receptor Agonists as Analgesics without Abuse Liability

PubMed Central

2012-01-01

Although mu opioid (MOP) receptor agonists are the most commonly used analgesics for the treatment of moderate to severe pain in the clinic, the side effects of MOP agonists such as abuse liability limit their value as a medication. Research to identify novel analgesics without adverse effects is pivotal to advance the health care of humans. The nociceptin/orphanin FQ peptide (NOP) receptor, the fourth opioid receptor subtype, mediates distinctive actions in nonhuman primates which suggests the possibility that activity at this receptor may result in strong analgesia in the absence of virtually all of the side effects associated with MOP agonists. The present review highlights the recent progress of pharmacological studies of NOP-related ligands in primates. Selective NOP agonists, either peptidic or nonpeptidic, produce full analgesia in various assays in primates, when delivered systemically or intrathecally. Yet small molecule NOP agonists do not serve as reinforcers, indicating a lack of abuse liability. Given that NOP agonists have low abuse liability and that coactivation of NOP and MOP receptors produces synergistic antinociception, it is worth developing bifunctional NOP/MOP ligands. The outcomes of these studies and recent developments provide new perspectives to establish a translational bridge for understanding the biobehavioral functions of NOP receptors in primates and for facilitating the development of NOP-related ligands as a new generation of analgesics without abuse liability in humans. PMID:23421672

Trusting telemedicine: A discussion on risks, safety, legal implications and liability of involved stakeholders.

PubMed

Parimbelli, E; Bottalico, B; Losiouk, E; Tomasi, M; Santosuosso, A; Lanzola, G; Quaglini, S; Bellazzi, R

2018-04-01

The main purpose of the article is to raise awareness among all the involved stakeholders about the risks and legal implications connected to the development and use of modern telemedicine systems. Particular focus is given to the class of "active" telemedicine systems, that imply a real-world, non-mediated, interaction with the final user. A secondary objective is to give an overview of the European legal framework that applies to these systems, in the effort to avoid defensive medicine practices and fears, which might be a barrier to their broader adoption. We leverage on the experience gained during two international telemedicine projects, namely MobiGuide (pilot studies conducted in Spain and Italy) and AP@home (clinical trials enrolled patients in Italy, France, the Netherlands, United Kingdom, Austria and Germany), whose development our group has significantly contributed to in the last 4 years, to create a map of the potential criticalities of active telemedicine systems and comment upon the legal framework that applies to them. Two workshops have been organized in December 2015 and March 2016 where the topic has been discussed in round tables with system developers, researchers, physicians, nurses, legal experts, healthcare economists and administrators. We identified 8 features that generate relevant risks from our example use cases. These features generalize to a broad set of telemedicine applications, and suggest insights on possible risk mitigation strategies. We also discuss the relevant European legal framework that regulate this class of systems, providing pointers to specific norms and highlighting possible liability profiles for involved stakeholders. Patients are more and more willing to adopt telemedicine systems to improve home care and day-by-day self-management. An essential step towards a broader adoption of these systems consists in increasing their compliance with existing regulations and better defining responsibilities for all the involved stakeholders. Copyright © 2018 Elsevier B.V. All rights reserved.

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 early indicators of financial failure: a study of bankrupt and solvent health systems.

PubMed

Coyne, Joseph S; Singh, Sher G

2008-01-01

This article presents a series of pertinent predictors of financial failure based on analysis of solvent and bankrupt health systems to identify which financial measures show the clearest distinction between success and failure. Early warning signals are evident from the longitudinal analysis as early as five years before bankruptcy. The data source includes seven years of annual statements filed with the Securities and Exchange Commission by 13 health systems before they filed bankruptcy. Comparative data were compiled from five solvent health systems for the same seven-year period. Seven financial solvency ratios are included in this study, including four cash liquidity measures, two leverage measures, and one efficiency measure. The results show distinct financial trends between solvent and bankrupt health systems, in particular for the operating-cash-flow-related measures, namely Ratio 1: Operating Cash Flow Percentage Change, from prior to current period; Ratio 2: Operating Cash Flow to Net Revenues; and Ratio 4: Cash Flow to Total Liabilities, indicating sensitivity in the hospital industry to cash flow management. The high dependence on credit from third-party payers is cited as a reason for this; thus, there is a great need for cash to fund operations. Five managerial policy implications are provided to help health system managers avoid financial solvency problems in the future.

Department of Defense Progress in Financial Management Reform

DTIC Science & Technology

2000-05-09

financial reporting , incomplete documentation, and weak internal controls, including computer controls, continue to prevent the government from accurately reporting a significant portion of its assets, liabilities, and costs. Material financial management deficiencies identified at DOD, taken together, continue to represent the single largest obstacle that must be effectively addressed to achieve an unqualified opinion on the U.S. government’s consolidated financial statements. DOD’s vast operations--with an estimated $1 trillion in assets, nearly $1

The New World of Interaction Recording for Medical Practices.

PubMed

Levy, Michael

2016-01-01

Today's medical practice staff communicates remotely with patients, pharmacies, and other medical providers in new ways that go far beyond telephone calls. Patient care and communication are now being provided via telecommunications technologies, including chat/IM, screen, Skype, and other video applications. This new paradigm in patient care, known as "telehealth" or "telemedicine," could put medical practices at risk for noncompliance with strict HIPAA and other regulations. Interaction recording encompasses these new means of communication and can help medical practice staff achieve compliance and reduce financial and liability risks while improving operations and patient care. This article explores what medical practices need to know about interaction recording, what to look for in an interaction recording solution, and how to best utilize that solution to meet compliance, manage liability, and improve patient care.

HOW to Recognize Hazardous Defects in Trees

Treesearch

Minnesota Department of Natural Resources; USDA Forest Service

1996-01-01

Trees add to our enjoyment of outdoor experiences whether in forests, parks, or urban landscapes. Too often, we are unaware of the risks associated with defective trees, which can cause personal injury and property damage. Interest in hazard tree management has increased in recent years due to safety and liability concerns resulting from preventable accidents....

School-to-Work Risk Management.

ERIC Educational Resources Information Center

Voorheis, Greg; Meyer, Gregg; Van Houten, June

This paper examines risk and liability issues related to school to work (STW) programs. With the passage of the federal School-to-Work Opportunities Act of 1994, the distance between the school and the world of work is diminishing. The Act's requirement that students, schools, and employers become part of an integrated learning process brings the…

Managing Risk in Producing Concerts and Other Major Campus Events: A Guide for Student Programmers.

ERIC Educational Resources Information Center

German, Carol J.

1999-01-01

Offers suggestions for campus-activities programmers on how to minimize liability for problems with concerts and other student-planned campus events. Discussion covers prevention of monetary loss, breach of contract issues, and preventing personal injuries and property damage. Specific preventive actions and policies are discussed. (MSE)

48 CFR 52.212-4 - Contract Terms and Conditions-Commercial Items.

Code of Federal Regulations, 2013 CFR

2013-10-01

... Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity..., any United States or foreign patent, trademark or copyright, arising out of the performance of this... the accuracy and completeness of the data within the SAM database, and for any liability resulting...

48 CFR 52.212-4 - Contract Terms and Conditions-Commercial Items.

Code of Federal Regulations, 2012 CFR

2012-10-01

...) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent... infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of... completeness of the data within the CCR database, and for any liability resulting from the Government's...

40 CFR 122.63 - Minor modifications of permits.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Minor modifications of permits. 122.63..., coverage, and liability between the current and new permittees has been submitted to the Director. (e)(1...) Incorporate changes to the terms of a CAFO's nutrient management plan that have been revised in accordance...

30 CFR 585.533 - How does my surety obtain cancellation of my bond?

Code of Federal Regulations, 2014 CFR

2014-07-01

... bond? 585.533 Section 585.533 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF... cover the terminated period of liability; (ii) The surety issuing the new bond has expressly agreed to...

30 CFR 585.533 - How does my surety obtain cancellation of my bond?

Code of Federal Regulations, 2012 CFR

2012-07-01

... bond? 585.533 Section 585.533 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF... cover the terminated period of liability; (ii) The surety issuing the new bond has expressly agreed to...

30 CFR 585.533 - How does my surety obtain cancellation of my bond?

Code of Federal Regulations, 2013 CFR

2013-07-01

... bond? 585.533 Section 585.533 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR OFFSHORE RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF... cover the terminated period of liability; (ii) The surety issuing the new bond has expressly agreed to...

12 CFR 194.3 - Liability for certain statements by Federal savings associations.

Code of Federal Regulations, 2012 CFR

2012-01-01

... Company Act of 1940; (2) Information relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion... 229.302), supplementary financial information, and disclosed in a document filed with the OCC or in an...

12 CFR 563d.3b-6 - Liability for certain statements by savings associations.

Code of Federal Regulations, 2014 CFR

2014-01-01

... under the Investment Company Act of 1940; (2) Information (i) relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion and analysis of financial condition and results of operations, or...

12 CFR 194.3 - Liability for certain statements by Federal savings associations.

Code of Federal Regulations, 2013 CFR

2013-01-01

... Company Act of 1940; (2) Information relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion... 229.302), supplementary financial information, and disclosed in a document filed with the OCC or in an...

12 CFR 390.392 - Liability for certain statements by State savings associations.

Code of Federal Regulations, 2012 CFR

2012-01-01

...) Information— (i) Relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion and analysis of... financial information; and (ii) Disclosed in a document filed with the FDIC or in an annual report to...

12 CFR 563d.3b-6 - Liability for certain statements by savings associations.

Code of Federal Regulations, 2012 CFR

2012-01-01

... under the Investment Company Act of 1940; (2) Information (i) relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion and analysis of financial condition and results of operations, or...

12 CFR 390.392 - Liability for certain statements by State savings associations.

Code of Federal Regulations, 2013 CFR

2013-01-01

...) Information— (i) Relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion and analysis of... financial information; and (ii) Disclosed in a document filed with the FDIC or in an annual report to...

12 CFR 563d.3b-6 - Liability for certain statements by savings associations.

Code of Federal Regulations, 2013 CFR

2013-01-01

... under the Investment Company Act of 1940; (2) Information (i) relating to the effects of changing prices on the business enterprise presented voluntarily or pursuant to item 303 of Regulation S-K (17 CFR 229.303), management's discussion and analysis of financial condition and results of operations, or...

75 FR 8352 - Agency Information Collection Activities: Final Collection; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-24

... utilization and management prospective insurance liability relative to risk premiums received. DATES: Comments...). SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a part of its continuing effort to... Institution'' as an option; b. Under ``Obligo Types'' we have deleted ``Eximbank Sole Risk'' as an option; c...

30 CFR 556.52 - Bond requirements for an oil and gas or sulphur lease.

Code of Federal Regulations, 2014 CFR

2014-07-01

... or alternative form of security maintained under this section, the surety's remaining liability under the bond or alternative form of security is reduced by the amount of that payment. See paragraph (e... lease. 556.52 Section 556.52 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE...

30 CFR 556.52 - Bond requirements for an oil and gas or sulphur lease.

Code of Federal Regulations, 2013 CFR

2013-07-01

... or alternative form of security maintained under this section, the surety's remaining liability under the bond or alternative form of security is reduced by the amount of that payment. See paragraph (e... lease. 556.52 Section 556.52 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE...

7 CFR 4290.440 - Standards governing prior approval for a proposed transfer of Control.

Code of Federal Regulations, 2010 CFR

2010-01-01

... BUSINESS INVESTMENT COMPANY (âRBICâ) PROGRAM Changes in Ownership, Structure, or Control Changes in Control... Person(s) to assume, in writing, personal liability for your Leverage, effective only in the event of... requirements for minimum capital and management-ownership diversity in effect at such time for new RBICs. ...

The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles.

ERIC Educational Resources Information Center

Dunklee, Dennis R.; Shoop, Robert J.

This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…

A Double Blind Trial of Divalproex Sodium for Affective Liability and Alcohol Use Following Traumatic Brain Injury

DTIC Science & Technology

2016-01-01

Pennsylvania, we completed computerized volumetric analysis of the structural MRI scans of the brain collected from the study subjects, using the... pharmacological management. Brain Injury 2001;15(2):139-48. 07. Wroblewski BA, Joseph AB, Kupfer J, Kalliel K. Effectiveness of valproic acid on

75 FR 79392 - Notice of Lodging of Settlement Agreement Under the Resource Conservation and Recovery Act

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-20

... as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); the United States of America; and the State... 40 CFR Section 264.151(a)(1) for remediation at the Scatterfield Site. The Department of Justice will...

75 FR 79392 - Notice of Lodging of Settlement Agreement Under The Resource Conservation and Recovery Act

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-20

..., formerly known as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); the United States of America; and... cash payment of $5,329,343 to Ohio EPA for remediation at the Delphi Harrison Site. The Department of...

75 FR 79391 - Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-20

... Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); the United States of America; and the State of Iowa. The... Settlement Agreement, Old GM will make a cash payment of $6,476,634 to EPA for remediation at the Sioux City...

75 FR 79393 - Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-20

... Corporation, formerly known as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); the United States of... payment of $6,732,895 to Ohio EPA for remediation at the Garland Road Site. EPA will receive an allowed...

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)

Ownership, financing, and management strategies of the ten largest for-profit nursing home chains in the United States.

PubMed

Harrington, Charlene; Hauser, Clarilee; Olney, Brian; Rosenau, Pauline Vaillancourt

2011-01-01

This study examined the ownership, financing, and management strategies of the 10 largest for-profit nursing home chains in the United States, including the four largest chains purchased by private equity corporations. Descriptive data were collected from Internet searches, company reports, and other sources for the decade 1998-2008. Since 1998, the largest chains have made many changes in their ownership and structure, and some have converted from publicly traded companies to private ownership. This study shows the increasing complexity of corporate nursing home ownership and the lack of public information about ownership and financial status. The chains have used strategies to maximize shareholder and investor value that include increasing Medicare revenues, occupancy rates, and company diversification, establishing multiple layers of corporate ownership, developing real estate investment trusts, and creating limited liability companies. These strategies enhance shareholder and investor profits, reduce corporate taxes, and reduce liability risk. There is a need for greater transparency in ownership and financial reporting and for more government oversight of the largest for-profit chains, including those owned by private equity companies.

Health Law 2015: Individuals and Populations.

PubMed

Jacobson, Peter D; Dahlen, Rachel

2016-12-01

In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.

Predictive teratology: teratogenic risk-hazard identification partnered in the discovery process.

PubMed

Augustine-Rauch, K A

2008-11-01

Unexpected teratogenicity is ranked as one of the most prevalent causes for toxicity-related attrition of drug candidates. Without proactive assessment, the liability tends to be identified relatively late in drug development, following significant investment in compound and engagement in pre clinical and clinical studies. When unexpected teratogenicity occurs in pre-clinical development, three principle questions arise: Can clinical trials that include women of child bearing populations be initiated? Will all compounds in this pharmacological class produce the same liability? Could this effect be related to the chemical structure resulting in undesirable off-target adverse effects? The first question is typically addressed at the time of the unexpected finding and involves considering the nature of the teratogenicity, whether or not maternal toxicity could have had a role in onset, human exposure margins and therapeutic indication. The latter two questions can be addressed proactively, earlier in the discovery process as drug target profiling and lead compound optimization is taking place. Such proactive approaches include thorough assessment of the literature for identification of potential liabilities and follow-up work that can be conducted on the level of target expression and functional characterization using molecular biology and developmental model systems. Developmental model systems can also be applied in the form of in vitro teratogenicity screens, and show potential for effective hazard identification or issue resolution on the level of characterizing teratogenic mechanism. This review discusses approaches that can be applied for proactive assessment of compounds for teratogenic liability.

Hazardous Substance Release Reporting Under CERCLA, EPCR {section}304 and DOE Emergency Management System (EMS) and DOE Occurrence Reporting Requirements. Environmental Guidance

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

Traceski, T.T.

1994-06-01

Releases of various substances from DOE facilities may be subject to reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA), as well as DOE`s internal ``Occurrence Reporting and Processing of Operations Information`` and the ``Emergency Management System`` (EMS). CERCLA and EPCPA are Federal laws that require immediate reporting of a release of a Hazardous Substance (HS) and an Extremely Hazardous Substance (EHS), respectively, in a Reportable Quantity (RQ) or more within a 24-hour period. This guidance uses a flowchart, supplemental information, and tables to provide an overview ofmore » the process to be followed, and more detailed explanations of the actions that must be performed, when chemical releases of HSs, EHSs, pollutants, or contaminants occur at DOE facilities. This guidance should be used in conjunction with, rather than in lieu of, applicable laws, regulations, and DOE Orders. Relevant laws, regulations, and DOE Orders are referenced throughout this guidance.« less

Liability claims and costs before and after implementation of a medical error disclosure program.

PubMed

Kachalia, Allen; Kaufman, Samuel R; Boothman, Richard; Anderson, Susan; Welch, Kathleen; Saint, Sanjay; Rogers, Mary A M

2010-08-17

Since 2001, the University of Michigan Health System (UMHS) has fully disclosed and offered compensation to patients for medical errors. To compare liability claims and costs before and after implementation of the UMHS disclosure-with-offer program. Retrospective before-after analysis from 1995 to 2007. Public academic medical center and health system. Inpatients and outpatients involved in claims made to UMHS. Number of new claims for compensation, number of claims compensated, time to claim resolution, and claims-related costs. After full implementation of a disclosure-with-offer program, the average monthly rate of new claims decreased from 7.03 to 4.52 per 100,000 patient encounters (rate ratio [RR], 0.64 [95% CI, 0.44 to 0.95]). The average monthly rate of lawsuits decreased from 2.13 to 0.75 per 100,000 patient encounters (RR, 0.35 [CI, 0.22 to 0.58]). Median time from claim reporting to resolution decreased from 1.36 to 0.95 years. Average monthly cost rates decreased for total liability (RR, 0.41 [CI, 0.26 to 0.66]), patient compensation (RR, 0.41 [CI, 0.26 to 0.67]), and non-compensation-related legal costs (RR, 0.39 [CI, 0.22 to 0.67]). The study design cannot establish causality. Malpractice claims generally declined in Michigan during the latter part of the study period. The findings might not apply to other health systems, given that UMHS has a closed staff model covered by a captive insurance company and often assumes legal responsibility. The UMHS implemented a program of full disclosure of medical errors with offers of compensation without increasing its total claims and liability costs. Blue Cross Blue Shield of Michigan Foundation.

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...

Patient bill of rights 2001.

PubMed

Benjamin, G C

2001-01-01

Breaking gridlock on managed care reform, a bipartisan coalition in Congress introduced the newest version of a patient bill of rights. Unlike last year's ill-fated Norwood-Dingell bill, the Bipartisan Patient Protection Act of 2001 has strong bipartisan support; concern remains, however, on the provisions that allow patients to sue their managed care plan. The debate now focuses on the type of liability reform that Congress and the White House can agree on. If they are able to agree, a patient bill of rights may soon become law.

Integrating risk management data in quality improvement initiatives within an academic neurosurgery department.

PubMed

McLaughlin, Nancy; Garrett, Matthew C; Emami, Leila; Foss, Sarah K; Klohn, Johanna L; Martin, Neil A

2016-01-01

OBJECT While malpractice litigation has had many negative impacts on health care delivery systems, information extracted from lawsuits could potentially guide toward venues to improve care. The authors present a comprehensive review of lawsuits within a tertiary academic neurosurgical department and report institutional and departmental strategies to mitigate liability by integrating risk management data with quality improvement initiatives. METHODS The Comprehensive Risk Intelligence Tool database was interrogated to extract claims/suits abstracts concerning neurosurgical cases that were closed from January 2008 to December 2012. Variables included demographics of the claimant, type of procedure performed (if any), claim description, insured information, case outcome, clinical summary, contributing factors and subfactors, amount incurred for indemnity and expenses, and independent expert opinion in regard to whether the standard of care was met. RESULTS During the study period, the Department of Neurosurgery received the most lawsuits of all surgical specialties (30 of 172), leading to a total incurred payment of $4,949,867. Of these lawsuits, 21 involved spinal pathologies and 9 cranial pathologies. The largest group of suits was from patients with challenging medical conditions who underwent uneventful surgeries and postoperative courses but filed lawsuits when they did not see the benefits for which they were hoping; 85% of these claims were withdrawn by the plaintiffs. The most commonly cited contributing factors included clinical judgment (20 of 30), technical skill (19 of 30), and communication (6 of 30). CONCLUSIONS While all medical and surgical subspecialties must deal with the issue of malpractice and liability, neurosurgery is most affected both in terms of the number of suits filed as well as monetary amounts awarded. To use the suits as learning tools for the faculty and residents and minimize the associated costs, quality initiatives addressing the most frequent contributing factors should be instituted in care redesign strategies, enabling strategic alignment of quality improvement and risk management efforts.

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

48 CFR 241.202 - Procedures.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Procedures. 241.202 Section 241.202 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT... connection charge. (ii) Termination liability. Use when an obligation is necessary to secure the required...

48 CFR 241.202 - Procedures.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 3 2014-10-01 2014-10-01 false Procedures. 241.202 Section 241.202 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT... connection charge. (ii) Termination liability. Use when an obligation is necessary to secure the required...

48 CFR 241.202 - Procedures.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 3 2012-10-01 2012-10-01 false Procedures. 241.202 Section 241.202 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT... connection charge. (ii) Termination liability. Use when an obligation is necessary to secure the required...

48 CFR 241.202 - Procedures.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 3 2011-10-01 2011-10-01 false Procedures. 241.202 Section 241.202 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT... connection charge. (ii) Termination liability. Use when an obligation is necessary to secure the required...

48 CFR 241.202 - Procedures.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 3 2013-10-01 2013-10-01 false Procedures. 241.202 Section 241.202 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT... connection charge. (ii) Termination liability. Use when an obligation is necessary to secure the required...

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...

7 CFR 46.11 - What constitutes valid license, form and use.

Code of Federal Regulations, 2010 CFR

2010-01-01

..., the name of the owner; if a partnership, the names of all general partners; if a limited liability company, the names of all members, managers, officers, directors and holders of more than 10 percent of the ownership stake, and the percentage of ownership in the company held by each such person; if a...

Constraints on mechanized treatment significantly limit mechanical fuels reduction extent in the Sierra Nevada

Treesearch

Malcolm P. North; April Brough; Jonathan W. Long; Brandon M. Collins; Phil Bowden; Don Yasuda; Jay Miller; Neil Suighara

2015-01-01

With air quality, liability, and safety concerns, prescribed burning and managed wildfire are often considered impractical treatments for extensive fuels reduction in western US forests. For California's Sierra Nevada forests, we evaluated the alternative and analyzed the amount and distribution of constraints on mechanical fuels treatments on USDA Forest Service...

Turning the Potential Liability of Large Enrollment Laboratory Science Courses into an Asset

ERIC Educational Resources Information Center

Johnson, Dan; Levy, Foster; Karsai, Istvan; Stroud, Kimberly

2006-01-01

Data sharing among multiple lab sections increases statistical power of data analyses and informs student-generated hypotheses. We describe how to collect, organize, and manage data to support replicate and rolling inquiry models, with three illustrative examples of activities from a population-level biology course for science majors. (Contains 1…

Sexual Harassment in Higher Education: A Victim's Remedies and a Private University's Liability

ERIC Educational Resources Information Center

Hall, Richard F.; Graham, Richard D.; Hoover, Gail A.

2004-01-01

Sexual harassment is a pervasive problem in education. With victims of harassment pursuing administrative and judicial redress, an awareness of and a program for response to the sexual harassment issue are good risk management strategies for a private university and its staff, employees, and students. This article examines, first, the two types of…

Stormwise: Integrating arboriculture and silviculture to create storm-resilient roadside forests

Treesearch

Jeffrey S. Ward; Thomas E. Worthley; Thomas J. Degnan; Joseph P. Barsky

2017-01-01

The band of trees within 30 m of roads (i.e., roadside forests) is often left unmanaged during traditional forest management activities because of liability concerns about inadvertently causing a vehicular accident or damaging utility lines during harvests. The trees in these same neglected forests often cause extensive utility outages and road blockages during extreme...

29 CFR 2509.08-2 - Interpretive bulletin relating to the exercise of shareholder rights and written statements of...

Code of Federal Regulations, 2012 CFR

2012-07-01

... interpretive bulletin provides guidance on the appropriateness under ERISA of active monitoring of corporate..., ERISA Sec. 404(a)(1)(D) does not shield the investment manager from liability for imprudent actions... long-term investments or where a plan may not be able to easily dispose such an investment. Active...

29 CFR 2509.08-2 - Interpretive bulletin relating to the exercise of shareholder rights and written statements of...

Code of Federal Regulations, 2014 CFR

2014-07-01

... interpretive bulletin provides guidance on the appropriateness under ERISA of active monitoring of corporate..., ERISA Sec. 404(a)(1)(D) does not shield the investment manager from liability for imprudent actions... long-term investments or where a plan may not be able to easily dispose such an investment. Active...

29 CFR 2509.08-2 - Interpretive bulletin relating to the exercise of shareholder rights and written statements of...

Code of Federal Regulations, 2013 CFR

2013-07-01

... interpretive bulletin provides guidance on the appropriateness under ERISA of active monitoring of corporate..., ERISA Sec. 404(a)(1)(D) does not shield the investment manager from liability for imprudent actions... long-term investments or where a plan may not be able to easily dispose such an investment. Active...

The Use of Prescribed Medication in the Schools: A Status Report on the State Policies and Guidelines.

ERIC Educational Resources Information Center

Courtnage, Lee

1982-01-01

State departments of health and education were asked to describe state laws, regulations, legal opinions, and guidelines concerning the dispensation of prescription medications to students in school. State laws and policies dealing with liability risks, persons who can give medicines, and drug management procedures are reported. (PP)

17 CFR 275.206(4)-2 - Custody of funds or securities of clients by investment advisers.

Code of Federal Regulations, 2012 CFR

2012-04-01

... Director of the Office of Compliance Inspections and Examinations; and (iii) Upon resignation or dismissal... an elected manager of the limited liability company; or (v) A person is presumed to control a trust... in customer accounts; (iii) A futures commission merchant registered under section 4f(a) of the...

Mock Trials versus Management or Litigation-Driven Models of Business Law Instruction

ERIC Educational Resources Information Center

Gershuny, Pamela; McAllister, Charles; Rainey, Carolyn

2012-01-01

This study was designed to gain a greater understanding of the learning outcomes associated with the mock trial as an active teaching method. Participating in a product liability mock trial presents students with the complex interplay of administrative regulations and common law. As in real life, the harsh constraints of time pressures, less than…

29 CFR 2509.08-2 - Interpretive bulletin relating to the exercise of shareholder rights and written statements of...

Code of Federal Regulations, 2011 CFR

2011-07-01

... interpretive bulletin provides guidance on the appropriateness under ERISA of active monitoring of corporate..., ERISA Sec. 404(a)(1)(D) does not shield the investment manager from liability for imprudent actions... long-term investments or where a plan may not be able to easily dispose such an investment. Active...

30 CFR 256.58 - Termination of the period of liability and cancellation of a bond.

Code of Federal Regulations, 2011 CFR

2011-07-01

... provide an alternative form of security, and the Regional Director determines that the alternative form of... cancellation of a bond. 256.58 Section 256.58 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION... retain other forms of security as shown in the following table: For the following type of bond The period...

30 CFR 556.58 - Termination of the period of liability and cancellation of a bond.

Code of Federal Regulations, 2013 CFR

2013-07-01

... alternative form of security, and the Regional Director determines that the alternative form of security... cancellation of a bond. 556.58 Section 556.58 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT... retain other forms of security as shown in the following table: For the following type of bond The period...

30 CFR 556.58 - Termination of the period of liability and cancellation of a bond.

Code of Federal Regulations, 2014 CFR

2014-07-01

... alternative form of security, and the Regional Director determines that the alternative form of security... cancellation of a bond. 556.58 Section 556.58 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT... retain other forms of security as shown in the following table: For the following type of bond The period...

30 CFR 556.58 - Termination of the period of liability and cancellation of a bond.

Code of Federal Regulations, 2012 CFR

2012-07-01

... alternative form of security, and the Regional Director determines that the alternative form of security... cancellation of a bond. 556.58 Section 556.58 Mineral Resources BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT... retain other forms of security as shown in the following table: For the following type of bond The period...

Technology strategy and the balance sheet: 3 points to consider.

PubMed

Waldron, David J

2005-05-01

Most hospitals use technology strategically to differentiate themselves from their competition. The rapid rate of change in healthcare technologies necessitates development of a technology life-cycle management program. Having access to flexible sources of capital appropriate to each category of technology assets allows liabilities and assets to be matched on a "balanced" balance sheet.

Accounting for Money. Supervising: Economic and Financial Aspects. The Choice Series #70. A Self Learning Opportunity.

ERIC Educational Resources Information Center

Bainbridge, Dennis

This student guide is intended to assist persons employed as supervisors in accounting for money. Discussed in the first four sections are the following topics: the need for accounts; financial accounting (basics of financial accounting, creditors and debtors, assets and liabilities, and balance sheets); cost and management accounting (company,…

Proceedings of the Annual Southwest Park & Recreation Training Institute (31st, Kingston, Oklahoma, February 2-5, 1986).

ERIC Educational Resources Information Center

Texas Tech Univ., Lubbock. Dept. of Park Administration and Landscape Architecture.

Brief summaries are presented of the topics discussed at the general session of the conference. These include: the national park service, risk management/occupational safety and health, liability and legal problems, and maintenance of homeostasis-rational self-counseling. The following workshop sessions are also summarized: (1) Principles of…

75 FR 79391 - Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-20

..., Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc... will make a cash payment of $385,991 to Wisconsin for remediation at the Wheeler Pit Site. EPA will... remediation at the Wheeler Pit Site for $95,045. The Department of Justice will receive, for a period of...

Improved obstetric safety through programmatic collaboration.

PubMed

Goffman, Dena; Brodman, Michael; Friedman, Arnold J; Minkoff, Howard; Merkatz, Irwin R

2014-01-01

Healthcare safety and quality are critically important issues in obstetrics, and society, healthcare providers, patients and insurers share a common goal of working toward safer practice, and are continuously seeking strategies to facilitate improvements. To this end, 4 New York City voluntary hospitals with large maternity services initiated a unique collaborative quality improvement program. It was facilitated by their common risk management advisors, FOJP Service Corporation, and their professional liability insurer, Hospitals Insurance Company. Under the guidance of 4 obstetrics and gynecology departmental chairmen, consensus best practices for obstetrics were developed which included: implementation of evidence based protocols with audit and feedback; standardized educational interventions; mandatory electronic fetal monitoring training; and enhanced in-house physician coverage. Each institution developed unique safety related expertise (development of electronic documentation, team training, and simulation education), and experiences were shared across the collaborative. The collaborative group developed robust systems for audit of outcomes and documentation quality, as well as enforcement mechanisms. Ongoing feedback to providers served as a key component of the intervention. The liability carrier provided financial support for these patient safety innovations. As a result of the interventions, the overall AOI for our institutions decreased 42% from baseline (January-June 2008) to the most recently reviewed time period (July-December 2011) (10.7% vs 6.2%, p < 0.001). The Weighted Adverse Outcome Score (WAOS) also decreased during the same time period (3.9 vs 2.3, p = 0.001.) Given the improved outcomes noted, our unique program and the process by which it was developed are described in the hopes that others will recognize collaborative partnering with or without insurers as an opportunity to improve obstetric patient safety. © 2014 American Society for Healthcare Risk Management of the American Hospital Association.

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...

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...

Environmental due diligence within multinational corporations

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

MacLean, R.

1997-08-01

Superfund and other state and federal regulations that emerged during the 80`s dramatically changed the way corporations managed property transactions. At the beginning of that decade there were very few engineers experienced in environmental due diligence. Over the past 15 years a sophisticated consulting industry has emerged to support companies in their effort to minimize liabilities associated with contaminated property. There is now a wealth of published literature on environmental due diligence, including generally accepted standards for investigating property contamination from organizations such as ASTM. This paper examines the current state of environmental due diligence among multinationals. It presents themore » underlying reasons for the current ad hoc nature of due diligence investigations and what companies can do to improve their policies and communication networks. A summary is given of the best practices used by industry leaders to minimize liabilities.« less

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...