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Pandora's Dismay: Eliminating Coverage-Related Barriers to Hospice Care

Florida Coastal Law Review, Vol. 11, p. 107, 2010

NSU Shepard Broad Law Center Research Paper No. 09-012

49 Pages Posted: 10 Sep 2009 Last revised: 8 Aug 2010

Kathy L. Cerminara

Nova Southeastern University - Shepard Broad College of Law

Date Written: August 28, 2009

Abstract

Dying Medicare recipients currently must accept the inevitability of impending death before Medicare will fund hospice services. Such a state of affairs is far from optimal, for hospice services provide both physical and psychological benefits long before patients have accepted their fates. This article explores the history and philosophy of hospice and highlights the anti-therapeutic gap between the time at which patients can benefit most from accessing hospice services and the time at which the Medicare statute and regulations first support access. It concludes by recommending that Congress blur or eliminate the currently existing false dichotomy between palliative and curative care that partially causes the gap and by calling for empirical research to help determine exactly how Congress should do so.

Keywords: Medicare payments, hospice, proposed legislation

JEL Classification: K32

Suggested Citation

Cerminara, Kathy L., Pandora's Dismay: Eliminating Coverage-Related Barriers to Hospice Care (August 28, 2009). Florida Coastal Law Review, Vol. 11, p. 107, 2010; NSU Shepard Broad Law Center Research Paper No. 09-012. Available at SSRN: https://ssrn.com/abstract=1470326 or http://dx.doi.org/10.2139/ssrn.1470326

Kathy L. Cerminara (Contact Author)

Nova Southeastern University - Shepard Broad College of Law ( email )

3305 College Avenue
Ft. Lauderdale, FL 33314
United States
954-262-6193 (Phone)
954-262-3835 (Fax)

HOME PAGE: http://www.nsulaw.nova.edu/faculty/profiles/index.cfm?ID=18

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