Is Prevention in Health Care Misguided?

Please, don’t throw tomatoes yet! Everybody knows that prevention in the twentieth century, particularly due to use of infectious disease vaccines and more recently some innovative invasive procedures, has changed the demographic face of our population and the world’s.

Of course, while what “everybody” knows is never the whole of the matter, the inspiring story of diagnosis, followed by treatment, followed by survival is a wonderful sequence of events.

An upcoming symposium is about the flip-side of that coin (although it has been very hard to get people to talk about it). About eighteen months ago, we chose to bring together scholars who don’t necessarily presume that the mainstream health care perspective of diagnosis and follow-up treatment is more than a single widely endorsed perspective. The upcoming symposium, part of the annual series on health/disability/elder law held by Marquette’s Elder’s Advisor law review, proposes that prevention is often enough overrated that close examination is warranted. The symposium is titled “The Institutionalization of Prevention: We Win, We Lose.”

Cancer diagnosis and treatment is particularly, but hardly exclusively, illustrative.

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Milwaukee Sick Leave Ordinance May Be Headed to State Supreme Court

Milwaukee Hat tip to CCH Technical Answer group for an update on the status of the Milwaukee Sick Pay Ordinance that was passed by referendum in November 2008, only to be invalidated by a state trial court judge.  According to the posting, the Milwaukee paid sick leave case has now been referred to the state supreme court:

On February 18, 2010, the Wisconsin Court of Appeals asked the Wisconsin Supreme Court to take up the constitutionality of Milwaukee’s paid sick leave mandate.

In June 2009, Milwaukee County Circuit Court Judge Thomas Cooper ruled that the city’s paid sick leave ordinance, which provided up to nine paid sick days per year based on the number of hours worked and the size of the business, was “invalidly enacted and unconstitutional.” (Metropolitan Milwaukee Assoc. of Comm. v. City of Milwaukee, Milwaukee County Circuit Court, No. 08cv018220, June 12, 2009). 9to5, the National Association of Working Women, appealed Cooper’s ruling. The supreme court has been asked to decide whether the ballot question put before the voters of the City of Milwaukee complied with the statutory requirement that it contain “a concise statement of [the ordinance’s] nature” — whether voters were informed of the contents of the ordinance . . . .

Nearly 70 percent of . . . voters approved the referendum for paid sick leave in the November 2008 election.

Marcia McCormick (St. Louis) has written before on the ordinance. I personally think the law was properly enacted and constitutional.  It will be interesting to see whether the Wisconsin Supreme Court takes the case.

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A Decade-Old Statute Pays Dividends for REIT Investors and Their Attorneys

Perhaps real estate investors and their attorneys have reason to be cautiously optimistic: economic reports released this week indicate signs of life in the real estate market.  As reported by the Associated Press, the National Association of Realtors saw increases in pending home sales for the ninth straight month.  And for the first time in six months, construction spending saw an increase.  Optimists say these numbers, in conjunction with recent reports that home prices are climbing, indicate long-term recovery for both the residential and commercial real estate sectors.

Yet many analysts argue that these spikes are temporary.  The growth in construction spending amounted to a measly 0.04%, and the rise in pending sales contracts over the last nine months is attributable to the homebuyer tax credit, which the Obama Administration and Congress recently extended.

I suppose time will tell which analysis is correct.  But while commentators continue to debate, real estate investors have shifted their focus from traditional residential and commercial endeavors to a sector less affected by the downturn: healthcare properties.

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