Did you know that your zip code is a better predictor of your health than your genetic code? Public health experts – and your health insurance provider – have long known that the air you breath, the education you receive, your net worth, and even the music that you listen to are strong indicators of your overall health – and the possibility that you might need expensive medical procedures in the future. By some measures, up to 50% of your overall health is determined by social, economic, and environmental factors. As the movement to value-based payment continues in health care, there has been a renewed focus from policymakers and payors on “social determinants of health” in an attempt to curtail health care costs by addressing the root problems of poor health; before the patient is at-risk and when the interventions may be cheaper than medical care.
In the November 2018 mid-term elections, state ballot measures for the legalization of marijuana were approved in three states – Michigan, Missouri, and Utah – and rejected in one state – North Dakota.
On December 13, 2018 Russian State Duma has passed in the third reading a draft law empowering the state healthcare control (supervision) body (Roszdravnadzor) to conduct test purchases (“Draft law”)1.
I don’t care what you say anymore this is my life
Go ahead with your own life leave me alone.
—Billy Joel, My Life
People often do quite well financially selling their life story. But stop and think for a minute what that statement means — “selling their life story.” The complex personal investment each writer makes in his/her craft and the further psychological dynamic of autobiography have each seen repeated comment and exploration. See Calvin D. Peeler, From The Providence Of Kings To Copyrighted Things (And French Moral Rights), 9 Ind. Int’l & Comp. L. Rev. 423, 426 (1999)(authors’ moral rights “evolved from a societal concern about individual author’s and artist’s personality and reputation investments as they are exhibited through their creative work”); C. R. Romiţan, The Right Of Authorship On A Work, 1 AGORA International Journal of Juridical Sciences 155, 158 (2014) (“The authorship of a work belongs only to individuals, because only they have the specific qualities of the creator, namely: intelligence, personality, sensibility, faculty to create, to think, to formulate ideas and also to expose them in an original and personally form. In order to recognize the authorship of a work, the law does not require any condition because it arises from the mere fact of creating the work”); see also Livingston, P. (2016). “Authorship.” In N. Carroll & J. Gibson (Eds.), The Routledge companion to philosophy of literature (pp.173-183). New York: Routledge, at 14 (autobiographies convey perspectives beyond what is “manifested in the texts alone”); Burke, P., “Representations of the Self from Petrarch to Descartes,” pp. 17-28 in Porter, R., (1997) Rewriting the self: histories from the Renaissance to the present, London: Routledge, at 17 (“‘man became a spiritual individual and recognized him- self as such’. The rise of self-awareness or subjectivity was reflected by the rise of autobiographies”). Does a life story sold cease to be one’s own life? Is it no longer an individual’s personal history? Does it become someone else’s life? When I remember and describe my own history in my own language and way, has not my history somehow merged with my expression of it? While one might ask if I can get it back, is it not just as natural for me to say why should I have to do that, as my story has never left me? I mean, it is mine, isn’t it?
In Cansica Holding Inc. c. Boidman, 2018 QCCA 2130, a decision rendered on December 14, the Court of Appeal endorsed Élisabeth Laroche’s reasoning in defending a lawyer against a claim for professional responsibility.
Mixed Results for Employers on Marijuana – Two Federal Courts Refuse to Find State Marijuana Laws Preempted by Federal Law
Two recent federal cases illustrate why employers – even federal contractors – must be cognizant of relevant state-law pronouncements regarding the use of marijuana (i.e., cannabis) by employees. While one case found in favor of the employer, and the other in favor of the employee, these decisions have emphasized that state law protections for users of medical marijuana are not preempted by federal laws such as the Drug-Free Workplace Act (DFWA). Employers must craft a thoughtful and considered approach to marijuana in the workplace, and in most cases should not take a zero-tolerance approach to marijuana.
In Groupe Sutton-Centre Ouest inc. c. Viger Blouin, 2018 QCCS 4525, the Superior Court restated the possibility that an insured be represented by his lawyer in relation to grounds of action not covered by his professional liability insurance when his insurer is required to defend him against certain allegations.
Has everyone got their “fa la la” on yet?
While the holidays are often a mad rush for all of us, it seems that this year especially, everyone is behind with wrapping up their end of the year duties (and wrapping up their gifts), while we try to figure out shortcuts for how to manage to get everything done before family and friends descend on us (or you head out the door yourself). In among all of the holiday madness are your professional pressures, which, of course, take priority.
Featured on Employment Law This Week: The Department of Labor (“DOL”) rolls back the 80/20 rule.
On December 14, 2018 the Department of Health and Human Services, Office for Civil Rights (“OCR”) formally issued a Request For Information (“RFI”) seeking public input on “ways to modify the HIPAA Rules to remove regulatory obstacles and decrease regulatory burdens in order to facilitate efficient care coordination and/or case management and to promote the transformation to value-based healthcare, while preserving the privacy and security of PHI.” OCR is seeking comments for a series of 54 different specific questions (many with additional subparts) corresponding to the following five major topic areas: (1) the promotion of information sharing for treatment and care coordination; (2) the promotion of parental and caregiver involvement in addressing the opioid crisis and serious mental illness; (3) additional ways to remove regulatory obstacles and burdens to facilitate care coordination and promote value-based health care; (4) an effective means to implement the accounting of disclosures requirement of the HITECH Act; and (5) Notice of Privacy Practices operational practices.