The CSHA California Healthcare Law Solutions Competition
Submissions due by midnight, PST, January 16, 2023
The California Society for Healthcare Attorneys is pleased to announce the first annual CSHA California Healthcare Law Solutions Competition for students in California’s law schools.
The challenge – don’t just write a paper – present a solution
Here’s the problem in need of a solution:
If a patient in a hospital in California is incapable of making his/her own healthcare decisions and does not have an available surrogate decision-maker – then who makes those decisions? The Hospital can file for a conservatorship on behalf of the patient, and some weeks – or months later – one may be appointed. The Hospital can also seek Court sanction for a course of treatment – or withdrawal of treatment – but again, the system isn’t made for quick decisions. And the patient’s condition can change in the interim.
These patients are sometimes called “unbefriended,” “unrepresented,” “elder orphans,” and “solo citizens.”
Some other states have solved this problem. California has a solution for patients in nursing facilities. But despite leading the nation on many developments in the area of healthcare decision-making for patients in hospitals, California still only has the Probate Court.
Is it really a problem worth solving?
The number of patients in this situation has been estimated at 15% of those admitted to Intensive Care Units and 5% of those who die there. And those numbers are growing as the Baby Boomer portion of the population ages, outlives family and friends, and younger individuals in increasing numbers don’t have children in the first place.
All entrants will be offered free student membership in CSHA for 2023
The author of the winning entry will receive:
- A cash prize of $2,500
- A chance to participate in the CSHA Spring Seminar
(complimentary registration, travel and lodging expenses)) in May 2023
- Have her/his winning submission considered for publication in the CSHA Health Law News.
Starting Materials for Your Research
Note: Participants are NOT limited to these materials
- CANHR v. Smith
- Health Care Decisions for Adults Without Decisionmaking Capacity, 29 Cal. L. Revision Comm’n Reports 1 (1999) http://www.clrc.ca.gov/pub/Printed-Reports/Pub201.pdf
- Lecture at UCLA’s Center for Ethics by Professor Thaddeus Pope of Hamline (2018)- https://www.youtube.com/watch?v=ja6p-0BWNcA&t=12s
- CA Health Care Decisions Act – Probate Code Sections 4600 – 4806
- Adult Without Conservator – Probate Code Sections 3200-3212
- Rains v. Belshe, 32 Cal. App. 4th 157, 38 Cal. Rptr. 2d 185(1995)
- CA Office on Aging, Office of the Long Term Care Representative https://aging.ca.gov/Providers_and_Partners/Office_of_the_Long_Term_Care_Patient_Representative/
Rules & Regulations
Submissions must be sent to email@example.com by midnight, PST, January 16, 2023
- The goal of all submissions is to present a solution to the problems related to healthcare decisions for patients in acute care hospitals who are incapable of making decisions for themselves and do not have an available surrogate decision-maker.
- The tone of the paper should be practical and precise – anticipating potential areas of disagreement, obstacles to implementation, and identifying responses to those issues. If the proposed solution includes legislation, the wording for that legislation should be included and discussed.
- This Competition is open to all full and part-time J.D. students enrolled during the 2022-2023 academic year at California law schools approved by either the ABA or the State Bar Examiners here in California. December 2022 graduates may submit.
- All submissions must be original work written wholly by the student submitter. Students may discuss their ideas with other students and faculty but must compose and complete the written presentation of their solution entirely by themselves.
- Only one submission per student.
- Format for submissions
- Endnotes, no footnotes.
- Page length between a minimum of 10 and a maximum of 25 8 ½ x 11” pages (exclusive of the endnotes);
- Page numbers at the bottom of each page;
- One-inch margins;
- 12-point Times New Roman font;
- Either the California Style Manual or Blue Book style citations – but the same style must be used consistently throughout.
- Include a cover page with your first name, last name, email address, phone number, law school affiliation, and the title of your work. The cover page will not count toward the maximum page length. Except for the cover page, please do not include any identifying information anywhere in your paper (this will help us ensure anonymity when reviewing). Repeat the title of your work on the top of the page AFTER the cover page.
- Send your submission as a PDF document attachment to firstname.lastname@example.org
- The paper may not have already been published or submitted for publication elsewhere in any form or manner.
- Submissions will be judged according to the following criteria:
- Novelty of the solution presented
- Depth of the supporting legal analysis
- Anticipation of arguments against/obstacles to the implementation of the proposed solution
- Quality of writing
- A select panel of impartial judges will evaluate the papers without knowledge of the student’s identities or schools and determine the winner, at the panel’s sole discretion. The panel may decline to award the prizes if not merited by any of the papers submitted. The panel’s decisions are final.
- The winner and all other participants will be notified in February 2023.
- All those submitting solutions will receive a complimentary membership in the California Society for Healthcare Attorneys (CSHA) during 2023.
- All questions should be submitted to info@CSHAinfo
- These rules may be clarified or modified at any time prior to the submission deadline of midnight PST January 16, 2023. Please check the competition webpage for updates.
- Any submission that fails to meet all aspects of the rules will be disqualified.
The California Society for Healthcare Attorneys (CSHA) is a membership organization for those practicing healthcare law in one of the largest and most dynamic states in the nation. Our members represent all aspects of the industry including hospitals, physicians and medical groups, health plans, research companies, nonprofit agencies, government, and academia. Learn more at www.csha.info or on LinkedIn