Full Entitlement Research Articles

Protection of Health Data in Accordance with the GDPR: Selected Issues

Patients’ rights are widely commented issue in the medical and legal press. Attempts are being made to analyse issues relating to patient consent, the right to information about the medical procedures performed and the state of health, or the authority of medical personnel to make decisions about the patient’s person and the related procedures or treatments. This results in an increase in the importance of information, which has become one of the most important values in today’s world. Access to information, especially about oneself, means a certain social and legal awareness. Restrictions on access to information deprive people of the right to selfdetermination and, at the same time, the right to satisfy one of their needs, which is particularly important in today's world. Nowadays, it is unavoidable to process the data of any person, which is essential for the proper functioning of society, but above all for the benefit of each individual. This testifies that an individual is present in social, economic or political life. For over a year now, institutions providing medical services have been obliged to implement a number of regulations contained in the Regulation of the Parliament and Council 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. Personal data relating to health are defined in the preamble of the Act. This Regulation does not indicate the organisational or technical measures to be taken by the data administrator to ensure data protection. These measures should be appropriate to the scope, purpose and risks of the data being processed. Sensitive data shall fall within the category of data for which processing involves the adoption of enhanced security measures. The task of the 99 data administrator is to introduce appropriate guarantees to ensure the implementation of appropriate technical and organizational measures so that the data processing meets the requirements of the GDPR and protects the rights of data subjects. Their task is also to adapt their forms, statements, e-mails or other queries so that they are clear, understandable and readable for the average recipient. For it is the quality that is the essence of information provided in the inquiry, not its number. The EU legislator has introduced several new developments to identify patterns of conduct and interpretations that are new concerning previous regulations. With the introduction of the GDPR, new procedures have been developed in order to exercise the rights of data subjects. However, the existing acquis of literature and judicature, as well as experience in the application of provisions ensuring the full entitlement of the data subjects, is not underestimated. More and more frequent analysis of the consequences of breaching the right to the protection of medical data and of the issue of giving and withdrawing consent to the processing of data may increase the importance of this right for society and thus ensure full protection of privacy and the information autonomy of the patient.

The association between exacerbation of chronic obstructive pulmonary disease and timing of paracetamol use: a cohort study in elderly Australians

BackgroundIn elderly populations, paracetamol may be used regularly for conditions such as osteoarthritis. Paracetamol has been associated with respiratory disease through a proposed mechanism of glutathione depletion and oxidative stress. Given that chronic obstructive pulmonary disease (COPD) is frequently co-morbid with osteoarthritis, this study investigated whether the dose and timing of paracetamol exposure may induce COPD exacerbations.MethodsThe study population was 3523 Australian Government Department of Veterans’ Affairs full entitlement holders who had existing COPD on 1 January 2011, who were dispensed at least one prescription of paracetamol between 1 January 2011 and 30 September 2015, and had no paracetamol dispensed in the 6 months prior to 1 January 2011. The outcome was time to first hospitalisation for COPD exacerbation after initiation of paracetamol. A weighted cumulative exposure approach was used.ResultsThe association between paracetamol exposure and COPD exacerbation was protective or harmful depending on the dose, duration, and recency of exposure. Compared to non-use, current use at the maximum dose of 4 g daily for 7 days was associated with a lower risk (HR = 0.78, 95% CI = 0.67–0.92) and a higher risk after 30 days (HR = 1.27, 95% CI = 1.06–1.52). Risk declined to baseline after 2 months. For past use, there was a short-term increase in risk on discontinuation depending of dose, duration and time since stopping.ConclusionsPatients and doctors should be aware of the possible risk of COPD exacerbation with higher dose paracetamol 1 to 6 weeks after initiation or discontinuation, but no increased risk after 2 months.

Inequalities in access to healthcare by local policy model among newly arrived refugees: evidence from population-based studies in two German states

BackgroundAccess to healthcare is restricted for newly arriving asylum seekers and refugees (ASR) in many receiving countries, which may lead to inequalities in health. In Germany, regular access and full entitlement to healthcare (equivalent to statutory health insurance, SHI) is only granted after a waiting time of 18 months. During this time of restricted entitlements, local authorities implement different access models to regulate asylum seekers’ access to healthcare: the electronic health card (EHC) or the healthcare voucher (HV). This paper examines inequalities in access to healthcare by comparing healthcare utilization by ASR under the terms of different local models (i.e., regular access equivalent to SHI, EHC, and HV).MethodsWe used data from three population-based, cross-sectional surveys among newly arrived ASR (N=863) and analyzed six outcome measures: specialist and general practitioner (GP) utilization, unmet needs for specialist and GP services, emergency department use and avoidable hospitalization. Using logistic regression, we calculated odds ratios (OR) and 95% confidence intervals for all outcome measures, while considering need by adjusting for socio-demographic characteristics and health-related covariates.ResultsCompared to ASR with regular access, ASR under the HV model showed lower needs-adjusted odds of specialist utilization (OR=0.41 [0.24-0.66]) while ASR under the EHC model did not differ from ASR with regular access in any of the outcomes. The comparison between EHC and HV model showed higher odds for specialist utilization under the EHC model as compared to the HV model (OR=2.39 [1.03-5.52]). GP and emergency department utilization, unmet needs and avoidable hospitalization did not show significant differences in any of the fully adjusted models.ConclusionASR using the HV are disadvantaged in their access to healthcare compared to ASR having either an EHC or regular access. Given equal need, they use specialist services less. The identified inequalities constitute inequities in access to healthcare that could be reduced by policy change from HV to the EHC model during the initial 18 months waiting time, or by granting ASR regular healthcare access upon arrival. Potential patterns of differences in GP utilization, unmet needs, emergency department use and avoidable hospitalization between the models deserve further exploration in future studies.

The Collateral Directive and Financial Collateral: Ownership of, or entitlement to, collateral?

Abstract It is controversial if incorporeal moveables (or choses in action) can be the object of property rights. The Collateral Directive arguably attempts to take the middle-ground in this debate. It acknowledges that a person may have either ‘full ownership of’, or 'full entitlement' to, financial collateral, which are conceptualised as intangibles. The approach adopted by the Directive throws up some questions: Is there a difference between owning or being entitled to collateral? If there is a difference, does this matter? The article first highlights the underlying controversy between these two concepts: which arises because of the different conceptions of real rights, or right in rem, and the need to protect the boundary between real and personal rights. The article then argues that although ‘owning’ and ‘entitlement’ are different concepts, there are also functional similarities between both concepts which arguably the Directive extends further than necessary.

The Conflict Between Greece And Turkey In The Mediterranean Sea (International Maritime Law Study)

Turkey and Greece are again dragged into a new conflict in the East Mediterranean. Turkey and Greece vie for supremacy in the eastern Mediterranean. Turkey, for its part, indicated that Greece's claim to the territory would amount to a siege in the country by giving Greece a disproportionate amount of territory. This study aims to rethink the conflict between Greece and Turkey in the waters of the Mediterranean sea in the view of international maritime law. This study uses an empirical juridical approach. The Result of this research is Turkey does not ignore the Greece rights, Greece ignores the international law with its extended or excessive maritime claims. Greece tries to give full entitlement of the islands in Mediterranean and Agean. Whereas the effect Formula is applied by international courts.

The Impact of the OECD BEPs Project on Tax Treaties: Access, Entitlement and Investment Protection

In recent years aggressive tax strategies lead to a new phenomenon denominated by the OECD as ‘base erosion and profit shifting’ (Beps). The OECD and G20 countries adopted in 2013-15 a 15-point Action Plan to address Beps (the ‘Beps Project’). In respect to tax treaties the OECD adopted in 2016 a Multilateral Instrument and in 2017 issued a new release the Commentary to the OECD Model Tax Convention on Income and on Capital. These changes were approved as part of the Beps Project in Actions 2, 6, 7 and 14. The article describes the Model/Commentary 2017 and looks at the impact of the OECD Beps Pproject on tax treaties in terms of PE access, entitlement and investment protection The article focuses on three main dimensions for a resident of a Contracting State of doing business in the other Contracting State: first, the tests required for doing business through PE (section 2); second, the new set of requirements that need to be met to have full entitlement to the tax treaty (section 3); third, the basic rules for doing business through a corporate vehicle, once the entitlement requirements have been met (section 4). The article concludes with the discussion of tax treaty dispute settlement and enforcement by looking at the mutual agreement procedure, transfer price allocations in tax treaties, and tax treaties and information (section 5). Base erosion, profit shifting, tax avoidance, multilateral tax treaties, OECD Model Tax Convention, BEP s

The Impact of the OECD BEPS Project on Tax Treaties: Access, Entitlement and Investment Protection

In recent years aggressive tax strategies lead to a new phenomenon denominated by the OECD as ‘base erosion and profit shifting’ (Beps). The OECD and G20 countries adopted in 2013-15 a 15-point Action Plan to address Beps (the ‘Beps Project’). In respect to tax treaties the OECD adopted in 2016 a Multilateral Instrument and in 2017 issued a new release the Commentary to the OECD Model Tax Convention on Income and on Capital. These changes were approved as part of the Beps Project in Actions 2, 6, 7 and 14. The article describes the Model/Commentary 2017 and looks at the impact of the OECD Beps Pproject on tax treaties in terms of PE access, entitlement and investment protection The article focuses on three main dimensions for a resident of a Contracting State of doing business in the other Contracting State: first, the tests required for doing business through PE (section 2); second, the new set of requirements that need to be met to have full entitlement to the tax treaty (section 3); third, the basic rules for doing business through a corporate vehicle, once the entitlement requirements have been met (section 4). The article concludes with the discussion of tax treaty dispute settlement and enforcement by looking at the mutual agreement procedure, transfer price allocations in tax treaties, and tax treaties and information (section 5).

UV Assisted Densification of Perhydropolysilazane (PHPS) Based Spin-On Glass in High Aspect Ratio Gap Fill Structure

Broad band Ultraviolet (UV) radiation of spin coated PerHydroPolySilazane (PHPS) films prior to steam anneal is shown to improve density of final SiO2 inside high aspect ratio (> 7:1) gap fill structure. Post-steam anneal wet etch rate improvements of up to 18% in blanket films and up to 26% in the ≥ 7:1 aspect ratio gap fill structure have been obtained for UV treated films relative to control (steam annealed only films). UV dose plays a critical role in determining the final film densification. However, PHPS film becomes moisture sensitive post-UV exposure. The UV treated films show instability in presence of moisture and react/self-convert into SiO2. The rate of moisture absorption and conversion depend on the UV dose and the Q time between UV and steam anneal. Presence of moisture adversely impacts the final wet etch rate of the oxide. Careful choice of UV dose and implementation of Q time between UV and steam anneal are critical to get full entitlement from UV.

Entitlement and adherence in schools

This paper explores the extent to which pupils, through non-attendance, do not take up their full entitlement to schooling. Using statistics from Scotland and elsewhere, this paper explores the nature and extent of the problem, reasons and measures used to address attendance in the UK. This paper also discusses different perspectives of non-adherence to the entitlement of schooling, including that of truancy as a form of ‘opting out’ of the mainstream education system.

Effects of social security policies on benefit claiming, retirement and saving

An enhanced version of a structural model jointly explains benefit claiming, wealth and retirement, including reversals from states of lesser to greater work. The model is estimated with Health and Retirement Study data. Alternative beliefs about the future of Social Security affect claiming behavior. Effects of three potential policies are also examined: increasing the early entitlement age, increasing the full retirement age, and eliminating the payroll tax for seniors. Predicted responses to increasing the full entitlement age are sensitive to beliefs.

G562(P) Medical productivity: quality care and quality training

Context Inpatient general paediatrics is provided by a variety of medical staff, including Paediatric trainees, General Practice trainees and Foundation doctors. This project considered how to provide safe patient care and a supported training experience through optimising medical productivity. Problem In light of reconfiguration of paediatric services, there is a need to make efficient use of medical staff as a resource, at the same time as providing quality training. Junior staff noted that time was spent on activities other than patient contact. End of placement and GMC surveys identified that trainees failed to attend the recommended number of study days and clinics due to service demands. This project was undertaken to identify inefficiencies in the working patterns of general paediatric juniors, measure the impact on patient care and training, and highlight opportunities for quality improvement. Assessment of problem and analysis of its causes In an 8 h shift, trainees spent 48 min on average directly interacting with patients and 25 min in teaching. This lack of patient contact time could not only result in poor patient care but could also impact on the skills and knowledge of trainees. This may effect quality of care in the future. A multidisciplinary focus group and anonymous interviews were held to establish staff views about the causes of these problems. These issues could be resolved by implementing non-urgent jobs books on wards and redesigning rotas. Intervention New rotas were designed aiming to prioritise patient contact time, protect training opportunities and match staffing patterns to the clinical needs of the children. Full entitlement of study leave was also allocated. Attention was brought to the topic of interruptions with ward staff, and non-urgent jobs books introduced to maximise medical productivity. Study design Ethnographic data was collected by shadowing 10 trainees over 5 weeks, verbal consent was obtained. Their intended and actual tasks were recorded each minute, as well as the number of times they were interrupted. Over 5000 min of data was collected. Strategy for change Results of the shadowing data were presented at a clinical governance meeting (those who could not attend were provided information by email). New rotas underwent a formal consultation process with trainees, as well as Wales Deanery and the Welsh Assembly Government. The jobs book will be introduced at the same time as new rotas are implemented in March 2015. Measurement of improvement The same method of data collection will be used to collect ethnographics following implementation of changes. Mean time spent on each activity will be compared. Number of interruptions and the extent to which actual versus intended task is affected will be analysed. Time spent training will also be recorded. The improvement cycle can then be repeated. Effects of changes The new rota has been designed but not yet implemented, therefore the effects at the point of abstract submission are not yet known. However it is anticipated that the effects will be more patient contact, less frequent interruptions and greater opportunities for training. These results will be available by April 2015. Lessons learnt Large scale service improvements require careful consideration of human factors and engagement from all stakeholders involved to successfully overcome barriers to change. Message for others Rotas not designed around patients or trainees lead to low levels of patient contact, an inefficient service, and fewer opportunities for training. Consult staff widely and early in a quality improvement process.

Duty as a Cost in EU Anti-Dumping Refunds: The Triple Jump and Other Obstacles to Success

The issue of duty as a cost in European Union (EU) anti-dumping refunds has been dormant for some time now. However, there are many reasons why this issue has resurfaced in recent times as a bone of contention between the European Commission and refund applicants. This article examines one of the main obstacles for EU related importers obtaining full entitlement to refund payments, namely the deduction of EU anti-dumping duties from constructed export prices to reach revised dumping margins for the purposes of awarding refunds. It also examines and questions some of the Commission's current practices and interpretations of this concept.

Competitive and cost effective copper/low-k interconnect (BEOL) for 28nm CMOS technologies

A cost effective 28nm CMOS Interconnect technology is presented for 28nm node high performance and low power applications. Full entitlement of ultra low-k (ULK) inter-level dielectric is enabled. Copper wiring levels can be combined up to a total of 11 levels. The inter-level dielectric was optimized for low k-value and high strength. The feature profiles were optimized to enable defect-free metallization using conventional tools and processes. High yields and robust reliability were demonstrated.

Patients’ experiences of day surgery: a Parsonian analysis

The aim of the study was to explore patients' experiences of day surgery using a sociological framework of analysis. Although day surgery has increased globally in the last 20 years, little applied sociological research has been undertaken in this area. The Glaserian methodology of Grounded Theory was used. Semi-structured interviews were conducted with 145 patients and 100 carers on three occasions from 2004 to 2006. Analysis of the data involved line-by-line analysis, compilation of key words and phrases (codes) and constant comparison of the codes until core categories were identified. A major category to emerge from the data was the ambiguity presented to patients in relation to the sick role. Of concern to patients was society's attitudes, which seem to deny to day surgery patients full entitlement to the privileges associated with the sick role. Day surgery patients wanted to feel comfortable in a role that was socially acceptable--the sick role. However, many patients actively resisted this role, and this could have implications for recovery. A large number of patients wished for a limited ascription of the sick role, whilst a minority actively sought to acquire this role. The importance of nurses in providing supportive, psychological care, and ensuring patient and carer understanding of what day surgery entails cannot be overstated. Day surgery personnel should teach that day surgery is not minor surgery and that recovery times may be protracted, during which patients will need support.

Holidays in the sun

If you are reading this editorial in the week of publication, chances are that you do not work in one of the countries bordering the Mediterranean. If you are in Scandinavia, this is probably your first opportunity even to read my editorial from July. Most of Europe now takes a full four or five weeks of vacation, usually corresponding to the calendar month of July in the north or August in the south. In part, this is dictated by the timing of school holidays; however, in many industrial or governmental organizations, employees are virtually obliged to take their vacations at the appointed time. Mostly this is considered to enhance, rather than detract from total productivity, although it can have obviously damaging consequences on scientific research. If everyone wants to take a vacation at the same time, who is left to take care of laboratory animals, cell‐lines or equipment, let alone make sure that inexperienced summer students do not run amok in the lab? There are other, even less desirable …

Housing vouchers in the United States, great Britain, and the Netherlands: Current issues and future perspectives

We compare the current U.S. housing voucher program with the British housing benefit and the Dutch housing allowance programs. After presenting the theory behind income‐related housing support, which underpins both the U.S. and European systems, we compare the three programs with respect to their scope (the budgeted versus the entitlement approach), the relationship between housing support and rent levels, the poverty trap, moral hazards, and administrative problems. The United States can learn from Great Britain and the Netherlands that a full entitlement program can best promote equity, but given the present political and economic climate, it is unlikely that Congress will adopt such a program anytime soon. Great Britain and the Netherlands can learn from the United States how to design a more efficient tenant subsidy program, one that provides incentives to find less expensive units and promotes family self‐sufficiency through enhanced job‐seeking behavior.

Annual Leave in Germany: Employees Frequently Do Not Take up Their Full Entitlement

Annual Leave in Germany: Employees Frequently Do Not Take up Their Full Entitlement

Poverty and low income: Tackling the under‐claiming of welfare benefits for older people

The challenge of poverty and low income is a key issue for organisations concerned with groups of the population at risk of social exclusion. In particular, poorer older people who qualify for benefits remain the largest group most likely not to claim those benefits. Many millions of pounds are languishing in government coffers belonging to those who most need it. Recent reports such as All Our Tomorrows (ADSS/LGA, 2003) highlight the importance of a decent income to a good quality of life for older people.Housing 21, which provides housing, care and support services for older people in England, encourages its residents to claim their full entitlement of benefits by offering advice and support from its two welfare benefit managers. This article highlights how their work has really made a difference to the lives of older people and suggests what more needs to be done.

Do UK patients with complications of diabetes mellitus receive the financial State benefits to which they are entitled?

AbstractWe interviewed 48 patients with complications of diabetes, assessing uptake of financial State benefits, eligibility for further benefits, demographic factors and clinical features. Forty seven (98%) of the patients satisfied criteria for financial State benefits, of whom 39 received less than their full entitlement, or no benefits at all. Patients not in receipt of full benefit entitlement tended to be older, of lower social class, more disabled and more likely to live alone than those who received their full entitlement. Patients most in need of benefits therefore appear least able to access these. A wide range of professional groups and contacts were quoted when patients were asked whom they would approach for more information about benefits.Patients with complicated diabetes generally appear to have low levels of awareness about, and uptake of, benefits to which they are entitled. Access to greater information for such patients is required, and this might, at least in part, be facilitated by increased availability of information in diabetes clinics.

Reconciling Cash and Care: Home Care Charges and Benefit Checks in Social Services

This article contains the report of a small research project on the development of welfare rights checks for home care clients in social services departments. Welfare rights take-up activity has become an important feature of provision by local authority social services departments, frequently targeted on particular groups of clients known to experience problems in claiming full benefit entitlement. Users of home care services are such a client group. Take-up work with home care clients is also, however, a product of the impact of community care policy changes and of financial pressures on local authority social services. These have resulted in the introduction of charges for home care services by many authorities, and the use of rebates from such charges to protect low income service users. Welfare rights work has thus become an important feature of the reconciliation of these new charging policies with the continued service needs of poor home care clients. The research examined a successful take-up initiative, linked to home care charges, in Sheffield and contrasted this with similar activities in other authorities throughout the UK. The conclusion is reached that levels of non take-up of social security benefits are particularly low amongst home care clients and that benefit checks can secure significant additional income for them, which may also have the indirect effect of increasing the income to social services departments from the charges for home care services.