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It is now common knowledge that the Centers for Disease Control and the American Medical Association consider obesity to be a high-priority medical problem. To combat the growing epidemic, bariatric surgery, which is indicated for 'severely' or 'morbidly' obese patients ' generally defined as a body mass index (BMI) over 40 (a 'normal' BMI is 19-25) ' has become increasingly popular. Surgery may also be indicated for patients with a BMI between 35 and 40, if there are significant co-morbid conditions.
Researchers have developed efficient and increasingly less invasive ways to treat severe or morbid obesity. Of these several different types, the most popular are gastric bypass and gastric banding. Gastric bypass generally produces more weight loss than gastric banding, but gastric banding is more easily reversed.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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