Development of Communitarian Regulation in the Chemical Industry

This study explores the development of communitarian regulation in the American chemical industry by focusing on the history and challenges facing Responsible Care, the leading example of regulation by an industry association on the environmental scene today.     

Persons found 'not criminally responsible on account of mental disorder': a comparison of British Columbia, Canada and Hunan, China

Current research literature contains very few international, cross-cultural comparison studies of persons adjudicated 'Not Criminally Responsible on Account of Mental Disorder' (NCRMD). This study explores and compares the demographic differences between persons found NCRMD in British Columbia, Canada and Hunan, China. Eight variables such as sex, age, education level, marital status, conviction history, psychiatric history, and index offence are compared between the Canadian and Chinese cohorts. The Canadian and Chinese cohorts were similar in sex and psychiatric history. The divorce rate, educational level, and conviction histories were significantly higher, and the age was significantly older in the Canadian cohort. The Chinese cohort had higher levels of murder and attempted murder index offences. Differences between the two cohorts can be explained in terms of legislative and cultural differences.     

责任政府建设的路径选择

责任政府的建设是政府民主管理制度化、规范化、程序化的重要保障,是新一轮民主政治建设与政治体制改革的重要目标。因此,责任政府建设需要我们在认清现状与问题的基础上选择理性的路径。     

Administrative simplification: adoption of operating rules for eligibility for a health plan and health care claim status transactions. Interim final rule with comment period

Section 1104 of the Administrative Simplification provisions of the Patient Protection and Affordable Care Act (hereafter referred to as the Affordable Care Act) establishes new requirements for administrative transactions that will improve the utility of the existing HIPAA transactions and reduce administrative costs. Specifically, in section 1104(b)(2) of the Affordable Care Act, Congress required the adoption of operating rules for the health care industry and directed the Secretary of Health and Human Services to "adopt a single set of operating rules for each transaction * * * with the goal of creating as much uniformity in the implementation of the electronic standards as possible." This interim final rule with comment period adopts operating rules for two Health Insurance Portability and Accountability Act of 1996 (HIPAA) transactions: eligibility for a health plan and health care claim status. This rule also defines the term "operating rules" and explains the role of operating rules in relation to the adopted transaction standards. In general, transaction standards adopted under HIPAA enable electronic data interchange through a common interchange structure, thus minimizing the industry's reliance on multiple formats. Operating rules, in turn, attempt to define the rights and responsibilities of all parties, security requirements, transmission formats, response times, liabilities, exception processing, error resolution and more, in order to facilitate successful interoperability between data systems of different entities.     

Medicaid program; eligibility changes under the Affordable Care Act of 2010. Final rule, Interim final rule

This final rule implements several provisions of the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act). The Affordable Care Act expands access to health insurance coverage through improvements to the Medicaid and Children's Health Insurance (CHIP) programs, the establishment of Affordable Insurance Exchanges ("Exchanges"), and the assurance of coordination between Medicaid, CHIP, and Exchanges. This final rule codifies policy and procedural changes to the Medicaid and CHIP programs related to eligibility, enrollment, renewals, public availability of program information and coordination across insurance affordability programs.     

Draft guideline for infection control in health care personnel, 1997--CDC. Notice

This notice is a request for review of and comment on the Draft Guideline for Infection Control in Health Care Personnel, 1997. The guideline consists of two parts: Part 1. "Infection Control Issues for Health Care Personnel, an Overview" and Part 2. "Recommendations for Prevention of Infections in Health Care Personnel", and was prepared by the Hospital Infection Control Practices Advisory Committee (HICPAC), the National Center for Infectious Diseases (NCID), the National Immunizations Program, and the National Institute of Occupational Safety and Health (NIOSH), CDC.     

Responsible research and innovation training programmes: implementation and evaluation of the HEIRRI project

Responsible research and innovation, or RRI, is a concept that aims to bring together society and science for a better future. There are six key elements of RRI: public engagement, gender equality, science education, open access, ethics and governance. Higher Education Institutions and Responsible Research and Innovation (HEIRRI) project aimed to bring the concept of RRI into the educational system. Using state-of-the-art review of good practices, HEIRRI team developed 10 training programmes on RRI for different higher education institution educational levels, including a summer school and a massive open online course (MOOC). We conducted pilot of the trainings and evaluated participants' experiences. Satisfaction with HEIRRI training programmes on responsible research and innovation was high, both for participants and for the trainers, and trainings raised awareness of RRI. Participants' feedback was used to identify areas that need improvement and provided for recommendations for final versions of the HEIRRI training programmes. In order to equip researchers with skills to recognize and apply RRI values, RRI should be included in their education. HEIRRI training is suitable for a range of different disciplines, including forensic science, and is free to use and adjust for specific contexts (available from: https://rri-tools.eu/heirri-training-programmes).     

From struggle in responsible investment to potential to improve global environmental governance through UN PRI

This article introduces an exploratory framework which, on a conceptual level, suggests that the United Nations Principles for Responsible Investment can contribute to the accessibility of responsible investment and encourage institutional investors to undertake it. By co-operating with leaders of global environmental governance and by engaging with investee companies in the field of the environment, responsible investment by institutional investors may help to improve the lack of coherence in global environmental governance.     

Patient Protection and Affordable Care Act; standards related to reinsurance, risk corridors, and risk adjustment. Final rule

This final rule implements standards for States related to reinsurance and risk adjustment, and for health insurance issuers related to reinsurance, risk corridors, and risk adjustment consistent with title I of the Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010, referred to collectively as the Affordable Care Act. These programs will mitigate the impact of potential adverse selection and stabilize premiums in the individual and small group markets as insurance reforms and the Affordable Insurance Exchanges ("Exchanges") are implemented, starting in 2014. The transitional State-based reinsurance program serves to reduce uncertainty by sharing risk in the individual market through making payments for high claims costs for enrollees. The temporary Federally administered risk corridors program serves to protect against uncertainty in rate setting by qualified health plans sharing risk in losses and gains with the Federal government. The permanent State-based risk adjustment program provides payments to health insurance issuers that disproportionately attract high-risk populations (such as individuals with chronic conditions).     

Medicare program; payment policies under the physician fee schedule, five-year review of work relative value units, clinical laboratory fee schedule: signature on requisition, and other revisions to part B for CY 2012. Final rule with comment period

This final rule with comment period addresses changes to the physician fee schedule and other Medicare Part B payment policies to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. It also addresses, implements or discusses certain statutory provisions including provisions of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act) and the Medicare Improvements for Patients and Providers Act (MIPPA) of 2008. In addition, this final rule with comment period discusses payments for Part B drugs; Clinical Laboratory Fee Schedule: Signature on Requisition; Physician Quality Reporting System; the Electronic Prescribing (eRx) Incentive Program; the Physician Resource-Use Feedback Program and the value modifier; productivity adjustment for ambulatory surgical center payment system and the ambulance, clinical laboratory, and durable medical equipment prosthetics orthotics and supplies (DMEPOS) fee schedules; and other Part B related issues.     

Why don't courts treat hospitals like tanks for liquefied gases? Some reflections on health care antitrust enforcement

In this article, I use the Federal Trade Commission and the Department of Justice 2004 report Improving Health Care: A Dose of Competition as an occasion to comment on two specific issues that have arisen in health care antitrust: the recent string of losses by the enforcement agencies in hospital merger cases and an antitrust exemption for physicians to bargain collectively with health insurers. One of the more salient facts about health care antitrust enforcement is the notable recent lack of success of the enforcement agencies in hospital merger cases. This may be due to judges and juries holding views of hospital markets as being different from markets for other goods and services. My conclusion is that hospitals are an industry with unique attributes, but nothing about the specifics of the health care industry suggests that the unregulated use of market power in this industry is socially beneficial. As a consequence, the antitrust laws should be enforced here as in any other industry. Countervailing power is an issue that has come to the fore in health care antitrust. Physicians have explicitly asked for legislative exemption from the antitrust laws in order to bargain collectively with insurance companies, as a means of counteracting insurers' monopsony power. It is not clear that health insurers possess significant monopsony power. Even if they do, bestowing monopoly power on physicians will not necessarily improve matters. Active antitrust enforcement in insurance markets is the correct response, not blanket exemptions for providers.     

Introduction

Most of the previous issue of Communication Law and Policy was devoted to articles written by some of the participants in a two‐day symposium organized by Prof. Helle at the University of Illinois which commemorated the 50th anniversary of the Hutchins Commission and its report, A Free and Responsible Press. Reprinted here is part of Prof. Helle's introduction to that issue.     

Application, review, and reporting process for Waivers for State Innovation. Final rule

This final rule sets forth a procedural framework for submission and review of initial applications for a Waiver for State Innovation described in section 1332 of the Patient Protection and the Affordable Care Act including processes to ensure opportunities for public input in the development of such applications by States and in the Federal review of the applications.     

Patient Protection and Affordable Care Act; establishment of exchanges and qualified health plans; exchange standards for employers. Final rule, Interim final rule

This final rule will implement the new Affordable Insurance Exchanges ("Exchanges"), consistent with title I of the Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010, referred to collectively as the Affordable Care Act. The Exchanges will provide competitive marketplaces for individuals and small employers to directly compare available private health insurance options on the basis of price, quality, and other factors. The Exchanges, which will become operational by January 1, 2014, will help enhance competition in the health insurance market, improve choice of affordable health insurance, and give small businesses the same purchasing clout as large businesses.     

Quick Response Code In Acrylic Denture: Will it Respond When Needed?

Use of acids and other caustic substances in destroying the human body to avoid personal identification is drawing great deal of attention in recent times. With rapid industrial growth, incidence of industrial disasters has increased. In an event of chemical industry disaster, human identification can become a challenge. Embedding bar codes and other electronic means for identification in denture have proved to be a novel innovation in identification of edentulous patients. However, the validity of this method in events of chemical extremes has not been assessed. Hence, the study was undertaken to know the effect of different acids on dentures embedded with quick response codes. Results of this study indicate that simple bar code can be readable up to 33 h after acid treatment. With minimal armamentarium, bar code can be generated incorporating large data into it, providing it to be a cheap and reliable means of denture identification.     

前南国际刑事法庭的创立及管辖原则

前南斯拉夫国际刑事法庭是联合国安理会针对前南斯拉夫武装冲突中严重违反国际人道主义法的行为而设立的国际特设法庭 ,该法庭不仅传承了纽伦堡和远东军事法庭的原则及审判精髓 ,而且在很大程度上延展了国际刑事审判的原则与理论 ,并未以后的国际刑事审判以及常设国际刑事审判机构的建构提供了可行性的先导模式     

Trafficking? Exploring the relevance of the notion of human trafficking to describe the lived experience of sex workers in Cape Town,South Africa

This article reports on the findings of a study of the sex work industry in Cape Town that was undertaken by the Institute for Security Studies (ISS) and the Sex Worker Education and Advocacy Taskforce (SWEAT) between 2006 and 2008. The study employed qualitative and quantitative methods to gather data about inter alia, the size of the sex work industry in Cape Town, working conditions in the industry, recruitment practices, factors that resulted in women working in the industry, and the extent of human trafficking in the industry. This article reports on the methods used and the findings. It concludes by arguing that the concept of trafficking is not useful as it does not reflect the lived experience of the majority of sex workers, and does not take the state or society any closer to dealing with exploitation and abuse that occurs in the industry.     

The Real Dirt on Responsible Agricultural Investments at Rio+20: Multilateralism versus Corporate Self‐Regulation

This article uses a fine‐grained anthropological and linguistic analysis to expose the routine negotiating practices and power games behind the conclusion of paragraph 115 on responsible agricultural investments during the Rio+20 Conference in June 2012. These negotiations are simultaneously a telling example for the quotidian stuff of international governance—an arena in which much larger forces are played out through small language‐based tactics, and they are representative of an exceptional moment when global multilateral policy making in the frame of the United Nations was challenged by the legitimation of private authority and corporate self‐regulation. Combining anthropological and linguistic methods, the article focused on language use, analyzing the ways in which people interact in a highly coded language, how they “perform,” by exploring, playing with, and twisting the grammatical structures of the spoken language. At issue is the large‐scale appropriation of agricultural land all over the world by multinational corporations, investment funds, and foreign governments.

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Motivating Management: Corporate Compliance in Environmental Protection*

Based on interviews with facility managers in the electroplating and chemical industries, this study examines regulated firms’ perceptions of how various instrumental, normative, and social factors motivated their firms’ environmental actions. We found that “implicit general deterrence” (the overall effect of sustained inspection and enforcement activity) was far more important than either specific or general deterrence, and that deterrence in any form was of far greater concern to small and medium‐sized enterprises than it was to large ones. Most reputation‐sensitive firms in the environmentally sensitive chemical industry chose to go substantially beyond compliance for reasons that related to risk management and to the perceived need to protect their social license to operate. Almost half our respondents also provided normative explanations for why they complied. Overall, we conclude that there are various, often interwoven, strands that must be taken into account in understanding what motivates corporate environmental behavior, and how they play out depends very much on the size and sophistication of companies themselves and on the characteristics of the industry sector within which they are located.     

Improving the Effectiveness of Supervision by the Procuracy

A seminar-conference on general supervision was held in Moscow, July 2-4 of this year, to which were invited the chiefs of general supervision of the procuracies of the republics of a number of territories and regions, and of Moscow, Leningrad, Alma-Ata, and other cities, some vice-procurators of union republics, and procurators of autonomous republics, territories, regions, cities, and districts. Responsible personnel of the CPSU Central Committee and of the Presidium of the USSR Supreme Soviet, as well as legal scholars, also took part in the conference.