Adult day care regulation: "Déjà vu all over again"?

We investigate what aspects of adult day care are regulated by licensure and certification requirements, whether differences exist among centers according to their regulatory status, and the relationship between regulatory status and satisfaction. The data come from a national survey of adult day care center. We find that adult day care regulations are primarily structural in nature and that differences do exist among centers by regulatory status. Participants are very satisfied with the centers and their staff overall, especially at centers that are regulated; their satisfaction with milieu is less at regulated centers and with amenities is unaffected. Day care regulations have not been extended to the processes and outcomes of care as nursing home regulations recently have been. The choice that now faces policymakers is between increasing these regulations or relying on market mechanisms to protect day care participants.     

Projects grants for community health services; proposed rulemaking--Public Health Service. Notice of proposed rulemaking

The Assistant Secretary for Health with the approval of the Secretary of Health and Human Services proposes to revise the regulations governing the Community Health Centers grant program. The Health Services and Centers Amendments of 1978 made a number of changes in the statutory requirements governing the operation of the centers. The Amendments, among other things, change pharmacy services from supplemental to primary health services, establish priority for certain supplemental health services, provide an incentive for maximized collection of fees, permit conversion of certain centers from fee for service to prepaid operations, and change the governing board requirements or public centers. The proposed revisions are intended to revise the present regulations consistent with the revised statutory provisions.     

论法律保留原则

从我国行政法律理论和实践出发 ,法律保留在我国确立的基本依据是民主原则、法治国家要求和基本人权 ,其适用范围理论应该采用重要性理论 ,其适用的密度应该涉及法律、行政法规、地方性法规、单行条例、自治条例、行政规章等 ,法律保留适用的领域应该包括涉及人身权、财产权、劳动权、受教育权、政治权利以及行政组织和行政程序等行政活动领域 ,而且法律保留原则还要求法律必须具有明确性 ,以保证行政权力公正合理地行使     

Project grants for migrant health; proposed rulemaking--Public Health Service. Notice of proposed rulemaking

The Assistant Secretary for Health with the approval of the Secretary of Health and Human Services proposes to revise the regulations governing the Migrant Health Centers grant program. The Health Services and Centers Amendments of 1978 made a number of changes in the statutory requirements governing the operation of the centers. The Amendments, among other things, change pharmacy services from supplemental to primary health services, make former migratory agricultural workers who are disabled eligible for services, establish priority for certain supplemental health services, provide an incentive for maximized collection of fees, permit conversion for certain centers from fee for service to prepaid operations and change the governing board requirements for public centers. The proposed revisions are intended to revise the present regulations consistent with the revised statutory provisions.     

National Library of Medicine programs--PHS. Final rule

These regulations govern the programs of the National Library of Medicine (NLM). The regulations permit the Regional Medical Libraries to recover part or all of the costs of providing photocopies of biomedical materials; improve readability of the regulations; and update references to statutory authorities and uniform administrative requirements.     

论地方人大的共同立法

为区域合作提供充分的法律资源,必须加强立法协同。其中,对属于地方权限范围、通过其他途径难以解决以及宪法和法律未禁止的事务,经法律上的允许,有关地方人大可以通过协商,共同起草建议稿,分别审议、通过,以各自的文号共同发布地方性法规,即开展地方共同立法。我国宪法体现了有关区域合作的精神、原则,有关法律上存在“协商条款”,但我国目前尚无地方人大共同发布地方性法规的直接法律依据。有需求的地方人大共同制定地方性法规,应取得全国人大常委会的授权。从长远、普遍性需求来看,全国人大常委会应修改我国《立法法》,作出相关明确规定。地方共同法规在内容上按所达成的共识而定。它除了与一般地方性法规相同的必要条款外,还应包括实施主体条款、利益平衡条款、开放性条款、效力条款和纠纷解决条款等特殊条款。     

Informed consent elements. Final rule

The Food and Drug Administration (FDA) is amending the current informed consent regulations to require that informed consent documents and processes for applicable drug (including biological products) and device clinical trials include a specific statement that clinical trial information will be entered into a databank. The databank referred to in this final rule is the clinical trial registry databank maintained by the National Institutes of Health/National Library of Medicine (NIH/NLM) which was created by statute. The submission of clinical trial information to this data bank also is required by statute. This amendment to the informed consent regulations is required by the Food and Drug Administration Amendments Act of 2007 (FDAAA) and is designed to promote transparency of clinical research to participants and patients.     

Medicare program; electronic submission of cost reports. Final rule

This final rule amends regulation by requiring that, for cost reporting periods ending on or after December 31, 2004, all hospices, organ procurement organizations, rural health clinics, Federally qualified health centers, community mental health centers, and end-stage renal disease facilities must submit cost reports currently required under the Medicare regulations in a standardized electronic format. This rule also allows a delay or waiver of this requirement when implementation would result in financial hardship for a provider. The provisions of this rule allow for more accurate preparation and more efficient processing of cost reports.     

Afterschool snacks in the Child and Adult Care Food Program. Final rule

This final rule incorporates into the Child and Adult Care Food Program (CACFP) regulations the provisions of the William F. Goodling Child Nutrition Reauthorization Act of 1998, which authorized afterschool care centers meeting certain criteria to be reimbursed for snacks served to at-risk children 18 years of age and younger. This rule establishes the eligibility of at-risk afterschool care centers to serve free snacks to children who participate in afterschool programs. The centers, which must be located in low-income areas, are reimbursed at the free rate for snacks. The intended effect of this rule is to support afterschool care programs through the provision of snacks that meet CACFP meal pattern requirements. The additional benefits provided by the 1998 reauthorization act and codified by this final rule were extended to institutions and children immediately after enactment. These changes were originally proposed by the Department in a rulemaking published on October 11, 2000.     

Public Health Service--National Health Service Corps Scholarship Program. Final regulations

These regulations set forth the requirements for the award of scholarships under the National Health Service Corps Scholarship Program to students receiving academic training in medicine, osteopathy, dentistry, and other health professions in order to assure an adequate supply of trained health professionals for the National Health Service Corps.     

论生产性外商投资企业与服务性外商投资企业的国民待遇

外商投资企业国民待遇问题一直是我国理论界探讨的重点。本文结合WTO的有关规定探讨了生产性外商投资企业和服务性外商投资企业的国民待遇。     

论立法体制的完善

推进科学立法,关键是完善立法体制.在职权立法体制中,应明确权力机关与行政机关之间、人大与人大常委会之间、权力机关上下级之间和行政机关上下级之间立法职权的划分.在授权立法体制中,应明晰全国人大及其常委会授权国务院制定行政法规,全国人大授权经济特区所在地的省、市人大及其常委会制定经济特区法规,全国人大及其常委会授权暂时调整...     

Additional protections for children involved as subjects in research--Department of Health and Human Services. Final rule

The Department of Health and Human Services (Department or HHS)( is prescribing additional requirements for protection of children involved as subjects in research. These regulations adopt, with some changes, the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (National Commission) as were presented in the notice of proposed rulemaking (NPRM) 43 FR 31786 which preceded this final rule. Specifically, these regulations impose certain added responsibilities on Institutional Review Boards (IRBs) depending on the degree of risk involved in the research and the extent that the research is likely to be a benefit to the subject or relate to a subject's illness.     

Medicare program; partial hospitalization services in community mental health centers--HCFA. Interim final rule with comment period

This rule sets forth the coverage criteria and payment methodology for partial hospitalization services in community mental health centers. The purpose of this rule is to establish regulations governing this coverage under the provisions of section 4162 of the Omnibus Budget Reconciliation Act of 1990.     

《中国丛报》中的清代诉讼及其引起的思考

《中国丛报》是外国人在中国境内创办的第一份成熟的英文期刊,刊载的有关清代诉讼的内容颇为庞杂,涉及程序、证据、庭审、审判官、监狱管理等方面,总体特征是负面的居多,肯定的鲜见。负面的内容并非完全杜撰,但《中国丛报》偏爱这些负面介绍的原因令人深思,而且这与同时代的《论美国的民主》对于美国司法的褒多贬少所形成的鲜明对照,则一定程度地说明,作为越界理解异域法律文化的"他者",若不能克服俯视者或仰视者的局限,都将无法使自己的描述和评判能够做到真实、客观。     

Medicare program; adjustment in payment amounts for new technology intraocular lenses--HCFA. Proposed rule

This proposed rule would establish in regulations a process under which interested parties may request, with respect to a class of new technology intraocular lenses (IOLs), a review of the appropriateness of the current payment amount for IOLs furnished by Medicare-participating ambulatory surgical centers. The rule implements section 141(b) of the Social Security Act Amendments of 1994, which requires us to develop and implement this process.     

Government supported industry-university research centers: Issues for successful technology transfer

In order to increase the use of federally supported research and development to increase U.S. industrial competitiveness, new partnerships are being developed among the research producers, users, and funders. This paper summarizes the evolution of federal technology transfer models with particular attention to university-industry cooperative research centers sponsored by the National Science Foundation. The advantages and potential problems associated with such centers are presented and the implications for technology and innovation are discussed.     

Management knowledge and the organization of team science in university research centers

Increasingly, principal investigators are tasked by funding agencies not only to expand knowledge in a particular field of inquiry, but also to manage and coordinate sets of diverse actors, including researchers with different disciplinary backgrounds and with different institutional affiliations. This paper addresses how principal investigators organize and manage sets of diverse researchers in university research centers. The premise of the paper is that centers possessing “management knowledge”—as embodied in principal investigators themselves and in colleagues and subordinates (e.g. past experiences in centers, industry, formal management training and professional experience)—will demonstrate different structural and managerial characteristics when compared to centers without management knowledge. Based on interviews and documents for a purposive sample of centers established by the US National Science Foundation, the study investigates the organization and management of centers as a function of the presence and type of management knowledge of the center directors across multiple cases. Implications for addressing common challenges to team science in university research centers and comparable arrangements are discussed.     

国家监察委员会的监察法规制定权限:三步确界与修法方略

全国人大常委会通过决定方式授予国家监察委员会监察法规制定权,形成了以人大立法权为核心且以行政立法权、监察立法权和军事立法权为补充的更优的“一元三系”立法分工体系,监察权也得到了极大丰富,进而有利于织密权力监督之网。当前的紧要任务在于明确界定监察法规制定权限,以在推进监察法律规范体系立体建设的同时保障监察法规制定权规范演进。利用“三维考察+三层掘进”的阐释模型耙梳可以发现,目前国家监察委员会既可以为执行监察法律、监察直接相关法和间接相关法的规定,单独或者联合其他国家机关进行执行性立法,也可以在遵守法律保留原则的前提下,就领导性管理事项进行创制性立法,还可以基于全国人大常委会的专门授权,就法律的相对保留事项和监督性管理事项进行授权性立法。接下来应当在《全国人民代表大会常务委员会关于国家监察委员会制定监察法规的决定》的基础上对制定监察法规的立法权限、形式和备审等内容作进一步规范,以备我国《立法法》修改之需。