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.     

Reviews

Anders Aslund, How Russia Became a Market Economy. Washington, DC: The Brookings Institution, 1995, xviii + 378 pp., £25.75/£9.95.

Boris Kagarlitsky, Restoration in Russia: Why Capitalism Failed. London: Verso, 1995, 172 pp., £39.95/£11.95.

Simon Clarke (ed.), Management and Industry in Russia: Formal and Informal Relations in the Period of Transition. Aldershot: Edward Elgar, 1995, xii + 244 pp. £45.00.

Jan Adam, Why Did the Socialist System Collapse in Central and Eastern European Countries? The Case of Poland, the Former Czechoslovakia and Hungary. London: Macmillan, 1996, xii + 244 pp., £40.00.

? Bogeti? & Arye L. Hillman (eds), Financing Government in the Transition: Bulgaria. The Political Economy of Tax Policies, Tax Bases, and Tax Evasion. Washington, DC: The World Bank, 1995, xv + 254 pp., £19.95.

Vladimir Tismaneanu (ed.), Political Culture and Civil Society in Russia and the New States of Eurasia. Armonk, NY: M. E. Sharpe, 1995, xiii + 384 pp., $22.95.

Alexander Maksimovich Yakovlev, Striving for Law in a Lawless Land—Memoirs of a Russian Reformer. New York: M. E. Sharpe, 1996, xvi + 237 pp., $62.95.

Tuomas Forsberg (ed.), Contested Territory: Border Disputes at the Edge of the Former Soviet Empire. Aldershot: Edward Elgar, 1995, xi + 267 pp., £45.00.

Graham Smith (ed.), The Nationalities Question in the Post‐Soviet States. London: Longman, 1996, xiv + 524 pp.

Aleksandr’ G. Savel'yev & Nikolai N. Detinov, The Big Five: Arms Control Decision‐making in the Soviet Union. Westport, CT: Praeger, 1995, xiv + 204 pp., £47.95.

Keith L. Nelson, The Making of Detente: Soviet‐American Relations in the Shadow of Vietnam, Baltimore, MD: Johns Hopkins University Press, 1995, xvii + 217pp., £29.00.

George Ginsburgs, Alvin Z. Rubinstein & Oles M. Smolansky (eds), Russia and America: From Rivalry to Reconciliation, New York: M. Sharpe, 1993, xi + 353 pp.

Diego Cordovez & Selig S. Harrison, Out of Afghanistan: The Inside Story of the Soviet Withdrawal. Oxford: Oxford University Press, 1995, ix + 450 pp., $35.00.

Andrei S. Grachev, Final Days. The Inside Story of the Collapse of the Soviet Union. Boulder, CO: Westview Press, 1995, xviii + 222 pp., £22.50.

Ilya Prizel & Andrew A. Michta (eds), Polish Foreign Policy Reconsidered. Challenges of Independence. Basingstoke, Macmillan, 1995, xiii + 174 pp., £25.00.

James Riordan, Christopher Williams & Igor Uynsky (eds), Young People in Post‐Communist Russia and Eastern Europe. Aldershot: Dartmouth, 1995, xvi + 215 pp., £39.50.

James von Geldern & Richard Stites (eds), Mass Culture in Soviet Russia: Tales, Poems, Songs, Movies, Plays and Folklore 1917–1953. Bloomington and Indianapolis, IN: Indiana University Press, 1995, xxix + 492 pp., £39.50 h/b, £19.50 p/b.

Katerina Clark, Petersburg, Crucible of Cultural Revolution. Cambridge, MA: Harvard University Press, 1995, xii + 377 pp., £25.50.

Anna Feldman Leibovich, The Russian Concept of Work: Suffering, Drama, and Tradition in Pre‐ and Post‐Revolutionary Russia. Westport, CT and London: Praeger, xv + 166 pp., £44.95.

R. Antony French. Plans, Pragmatism & People. The Legacy of Soviet Planning for Today's Cities. London: UCL Press, 1995, xi + 233 pp.

Roger Brunet, Denis Eckert & Vladimir Kolossov, Atlas de la Russie et des pays proches. Montpellier‐Paris: Reclus‐La Documentation Franchise, 1995, 208 pp., 220Ff.

Bruce Grant, In the Soviet House of Culture: A Century of Perestroikas. Princeton, NJ: Princeton University Press, 1995, xvii + 225 pp., £12.00.

Michael Bourdeaux (ed.), The Politics of Religion in Russia and the New States of Eurasia, The International Politics of Eurasia, Volume 3. Armonk, NY and London: M.E. Sharpe, 1995, xiv + 321 pp., $49.95 h/b, $19.95p/b.     

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.