The New Federal Arbitration Law: A Call to Ethical Practice Not Yet Realized

Author(s):  
Kristen Blankley

The 1926 essay about the Federal Arbitration Act (FAA) authored by Julius Henry Cohen and Kenneth Dayton contains numerous insights into the purposes of arbitration, the promise of the FAA, and the intent of Congress in enacting the legislation. But tucked into this essay is also a statement about lawyer self-interest potentially leading them away from counseling clients to draft arbitration clauses or using arbitration services out of risk of earning lower fees....

2019 ◽  
Vol 4 (5) ◽  
pp. 936-946
Author(s):  
Dawn Konrad-Martin ◽  
Neela Swanson ◽  
Angela Garinis

Purpose Improved medical care leading to increased survivorship among patients with cancer and infectious diseases has created a need for ototoxicity monitoring programs nationwide. The goal of this report is to promote effective and standardized coding and 3rd-party payer billing practices for the audiological management of symptomatic ototoxicity. Method The approach was to compile the relevant International Classification of Diseases, 10th Revision (ICD-10-CM) codes and Current Procedural Terminology (CPT; American Medical Association) codes and explain their use for obtaining reimbursement from Medicare, Medicaid, and private insurance. Results Each claim submitted to a payer for reimbursement of ototoxicity monitoring must include both ICD-10-CM codes to report the patient's diagnosis and CPT codes to report the services provided by the audiologist. Results address the general 3rd-party payer guidelines for ototoxicity monitoring and ICD-10-CM and CPT coding principles and provide illustrative examples. There is no “stand-alone” CPT code for high-frequency audiometry, an important test for ototoxicity monitoring. The current method of adding a –22 modifier to a standard audiometry code and then submitting a letter rationalizing why the test was done has inconsistent outcomes and is time intensive for the clinician. Similarly, some clinicians report difficulty getting reimbursed for detailed otoacoustic emissions testing in the context of ototoxicity monitoring. Conclusions Ethical practice, not reimbursement, must guide clinical practice. However, appropriate billing and coding resulting in 3rd-party reimbursement for audiology services rendered is critical for maintaining an effective ototoxicity monitoring program. Many 3rd-party payers reimburse for these services. For any CPT code, payment patterns vary widely within and across 3rd-party payers. Standardizing coding and billing practices as well as advocacy including letters from audiology national organizations may be necessary to help resolve these issues of coding and coverage in order to support best practice recommendations for ototoxicity monitoring.


Author(s):  
Alexander Blaszczynski

Abstract. Background: Tensions exist with various stakeholders facing competing interests in providing legal land-based and online regulated gambling products. Threats to revenue/taxation occur in response to harm minimisation and responsible gambling policies. Setting aside the concept of total prohibition, the objectives of responsible gambling are to encourage and/or restrict an individual’s gambling expenditure in terms of money and time to personally affordable limits. Stakeholder responsibilities: Governments craft the gambling environment through legislation, monitor compliance with regulatory requirements, and receive taxation revenue as a proportion of expenditure. Industry operators on the other hand, compete across market sectors through marketing and advertising, and through the development of commercially innovative products, reaping substantial financial rewards. Concurrently, governments are driven to respond to community pressures to minimize the range of negative gambling-related social, personal and economic harms and costs. Industry operators are exposed to the same pressures but additionally overlaid with the self-interest of avoiding the imposition of more stringent restrictive policies. Cooperation of stakeholders: The resulting tension between taxation revenue and profit making, harm minimization, and social impacts creates a climate of conflict between all involved parties. Data-driven policies become compromised by unsubstantiated claims of, and counter claims against, the nature and extent of gambling-related harms, effectiveness of policy strategies, with allegations of bias and influence associated with researchers supported by industry and government research funding sources. Conclusion: To effectively advance policies, it is argued that it is imperative that all parties collaborate in a cooperative manner to achieve the objectives of responsible gambling and harm minimization. This extends to and includes more transparent funding for researchers from both government and industry. Continued reliance on data collected from analogue populations or volunteers participating in simulated gambling tasks will not provide data capable of valid and reliable extrapolation to real gamblers in real venues risking their own funds. Failure to adhere to principles of corporate responsibility and consumer protection by both governments and industry will challenge the social licence to offer gambling products. Appropriate and transparent safeguards learnt from the tobacco and alcohol field, it is argued, can guide the conduct of gambling research.


2017 ◽  
Author(s):  
Shane S. Bush ◽  
Rebecca S. Allen ◽  
Victor A. Molinari
Keyword(s):  

1998 ◽  
Vol 43 (7) ◽  
pp. 481-482
Author(s):  
Graham L. Staines
Keyword(s):  

2008 ◽  
Vol S (1) ◽  
pp. 18-33 ◽  
Author(s):  
Elizabeth M. Rose ◽  
John S. Westefeld ◽  
Timothy N. Ansley

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