Reining in agency action: the rejected proposal rule and Section 1011 of the 2003 Medicare Act

Section 1011 of the 2003 Medicare Act authorized the disbursement of over one billion dollars to healthcare providers that provide uncompensated emergency medical care to undocumented immigrants. In 2005, the Centers for Medicare and Medicaid Services (CMS) issued its final interpretation of the statute. Despite previous statementsto the contrary, CMS conditioned eligibilityfor Section 1011 funds on the collection of certain immigration status-related information from patients seeking emergency care. Prior to the issuance of CMS' final guidance, the House defeated House Resolution 3722, which was substantially similar to the CMS final guidance. This Article argues that the House's rejection of H.R. 3722 renders CMS's final guidance invalid under the analysis set forth in Chevron, U.S.A. Inc. v. National Resources Defense Council, Inc.     

A Case of Contested Cremains Analyzed Through Metric and Chemical Comparison

Since the 1980s, cremation has become the fastest growing area of the U.S. funeral industry. At the same time, the number of litigations against funeral homes and cremation facilities has increased. Forensic anthropologists are often asked to determine whether the contents of an urn are actually cremated bone, and to address questions regarding the identity of the remains. This study uses both metric and chemical analyses for resolving a case of contested cremains. A cremains weight of 2021.8 g was predicted based on the decedent's reported stature and weight. However, the urn contents weighed 4173.5 g. The urn contents also contained material inconsistent with cremains (e.g., moist sediment, stones, ferrous metal). Analysis using XRD and SEM demonstrated that the urn contained thermally altered bone as well as inorganic material consistent with glass fiber cement. Although forensically challenging, cremains cases such as this one can be resolved using a multidisciplinary approach.     

Sampling and statistical considerations for the Suchey–Brooks method for pubic bone age estimation: Implications for regional comparisons

Although the Suchey–Brooks (SB) system is currently the most widely used method for age-at-death estimation from the pubic bone, the system continues to evolve through stepwise improvements. Since the system was developed from a pubic bone sample derived mainly from North Americans, it is unclear how well it performs on populations from other continents. During the last decade, studies of the SB system on pubic bone samples from local populations in Europe and Asia have indicated regional differences in the relationship between age and pubic bone development. However, these studies have for the most part followed different research protocols, which make comparisons between their results less meaningful. It would be most useful if future regional analysis of the SB system were done in a rigorous and uniform fashion, following standard procedures. In this paper, sampling and statistical considerations are outlined that hopefully will help to standardize research on the SB system.