Dying in America - an Examination of Policies that Deter Adequate End-of-Life Care in Nursing Homes

38 Pages Posted: 2 Jun 2005

See all articles by Diane E. Hoffmann

Diane E. Hoffmann

University of Maryland Francis King Carey School of Law

Anita J. Tarzian

University of Maryland Francis King Carey School of Law

Abstract

This article examines current health care policies and government practices that deter appropriate end-of-life care, focusing on the use of hospice services for dying nursing home patients. The authors conclude that hospice and nursing home regulations, reimbursement for hospice and nursing homes, and enforcement of the fraud and abuse rules collude to "chill" utilization of hospice by nursing homes and result in inadequate end-of-life care for many nursing home patients. They argue that these policies and practices have at their roots a number of questionable assumptions and call for a shift in existing paradigms affecting care to this group and a realigning of incentives among these various government policies to achieve consistent policy goals.

Keywords: health care policy, end-of-life care, nursing homes, hospice

Suggested Citation

Hoffmann, Diane E. and Tarzian, Anita J., Dying in America - an Examination of Policies that Deter Adequate End-of-Life Care in Nursing Homes. U of Maryland Legal Studies Research Paper No. 2005-40, Available at SSRN: https://ssrn.com/abstract=733625

Diane E. Hoffmann (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Anita J. Tarzian

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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