Special report on reimbursement. HCFA enacts new enforcement remedies covering nursing facilities

While the regulations are revolutionary in their use of "substantial compliance," the interpretation and application of HCFA's new remedial scheme are still uncertain, as states are given broad discretion in defining important terms and in applying and interpreting the criteria to select remedies. Further complicating the issue is the fact that some states, including California, intend to seek waivers from HCFA to substitute their own state enforcement systems for most, if not all, of the new federal system. Based upon these uncertainties, the enforcement of nursing facility standards will likely be in a state of flux for some time to come.     

Oral contraceptives and breach of warranty under the Uniform Commercial Code

This is a discussion of the issue as to whether a woman who either becomes pregnant while on pills or suffers side effects as a result of taking birth control pills has a breach of warranty cause of action under the Uniform Commercial Code. It is concluded that the woman has no cause for action against her doctor. In fact, it is unlikely that the woman will be able to support a claim of breach of warranty against anyone in the chain of supply, either the pharmaceutical company or the distributor. Previously decided cases offer no precedent as to when a breach of warranty can be found as a result of side effects produced by pills. Warnings which presently accompany oral contraceptives are insufficient. However, a woman claiming damages must prove that the side effects she suffered were directly caused from use of oral contraceptives. There is the assumption of risk issue, whether the woman assumes the risk by reading the information booklet and deciding to take the pills anyway. Revised warnings should certainly be included with pills.     

Reviews

Vojtech Mastny, Russia's Road to the Cold War: Diplomacy, Warfare, and the Politics of Communism, 1941–1945. New York: Columbia University Press, 1979. xix + 409 pp. $16.95.

Hugh Seton‐Watson, The Imperialist Revolutionaries: Trends in World Communism in the 1960s and 1970s. Stanford, California: Hoover Institution Press, 1979. x + 157 pp. $6.95.

Egbert Jahn (ed.), Soviet Foreign Policy: Its Social and Economic Conditions. London: Allison and Busby, 1978. 160 pp. £6.50.

Stephen White, Political Culture and Soviet Politics, London: Macmillan, 1979. xi + 234 pp. £10.00 and £4.95.

Donald R. Kelley (ed.) Soviet Politics in the Brezhnev Era, New York: Praeger Publishers, 1980, vii + 269 pp. £14.25.

Morton Kaplan (ed.), The Many Faces of Communism, New York: The Free Press, 1978. x + 366 pp. $14.95.

David H. Howard, The Disequilibrium Model in a Controlled Economy, Farnborough: Lexington Books, 1980. x + 112 pp. £9.50/$20.50.

Felicity Ann O'Dell, Socialisation through children's literature: The Soviet example, Cambridge: Cambride University Press, 1978, x + 277 pp. £14.00.

Martin McCauley, Marxism‐Leninism in the German Democratic Republic. The Socialist Unity Party (SED), London: Macmillan, 1979. xix + 267 pp. £12.00.

R. W. Makepeace, Marxist Ideology and Soviet Criminal Law, Croom Helm, Barnes & Noble, 1980. 319 pp. £13.95.

Jan Tomasz Gross, Polish Society under German Occupation: The General‐gouvernement, 1939–1944, New Jersey: Princeton University Press, 1979. xviii + 343 pp. £11.00