April 1, 2008 Legislation

Medical Board

Malpractice

Healthcare

Hospitals 

Medical Board

The Nevada Governor has asked for the resignations of three physicians on the Board due to a potential conflict of interest in the Hepatitis outbreak at the now shuttered Endoscopy Center of Southern Nevada.  I guess the physicians recuses was not good enough.  The Governor also requested the resignation of the Nevada Bureau of Licensing and Certification who botched the overseeing of the Center.   

About a week later he changed his mind since the physicians would not resign and the only way the Governor could get them out was a legal fight.  He will appoint three temporary physicians to the Board to look at the problems with the clinics.

In a separate definition of medical board, the American College of OB/GYN has am ethics guideline that states that if a physician does not do abortions it is incumbent on them to refer the patient to someone who does.  The HHS is challenging the policy as against the federal conscience laws.  The spokesman for the American College of OB/GYN has stated that the guideline is just that, a guideline and not something that must be obeyed.   

The California Chiropractic Board has again been chastised for its terrible record.  A state audit chastised the members for violations of the open meeting laws, dragging its heels on complaints and other violations.  The audit recommended removal of some of the board members and the state attorney general should look into violations of state law.          Top

Malpractice

Some Florida legislators are attempting to help the problem of physicians not taking on call ED care by giving all physicians and other healthcare workers in the ED special dispensation.  They would be treated as if they worked in a state hospital where med mal is limited to $250,000 unless the legislature allows more on a case by case basis. Some attorneys don't like the idea.        Top

Healthcare

The People's Republic of Massachusetts continues to refine the poorly thought out universal health care in their state.  The care continues to be more than they can afford and now they are looking for scapegoats.  The latest is an accusation that the largest insurer Blue Cross and the largest hospital system Partners HealthCare are in bed together.  There supposed are higher prices via secret negotiations.  None of this is proved.   

What is proved is that the program continues to become more inflated.  The state can not meet the current costs and are pleading with all to reduce the costs.  The state panel has given the insurers a 10% increase in per person enrolled in the state's program.  They also increased many co-pays.  Some extremists want the hospitals and providers to continue to take less when they are already being squeezed and the state can not replace those physicians that are retiring or leaving.

The AHA is not happy that the US Senate is looking into expanding the whistleblowing against hospitals and other providers by increasing what can be looked at and by exacting triple damages.  The bill would also allow penalties if the feds overpaid providers and the providers did not pay the money back in a judicious manner. Poor Hospitals!  

Senator H. Clinton has decided that the most anyone should pay for medical care insurance is 10% of their income.  Currently some policies are much more than the 10% cap for individuals.  For policies via employers the usual is about 6% of income.  Senator H. Clinton wants the cap to be the same for all and not higher for some based on income.  She also wants insurers to spend about 85% of premiums on healthcare and not on profit and overhead.  Senator B. Obama agreed on the insurer angle but did not specify a number.  He usually doesn't specify anything.  Senator H. Clinton also is in favor of universal healthcare but via private insurers.  There would be no pre existing exclusions.  Companies would have to either provide coverage or pay into a pool.  She stated that her plan would cost $110 Billion which would be funded by rolling back the Bush tax plans and improvements in prevention.  Senator B. Obama's plan only includes children in his universal health.  He does not believe all must buy policies but they would be voluntary.  Senator H. Clinton would get all to buy policies by garnishing wages if necessary.  

California has an old law on the books that requires annual assessments of Medicaid payments to physicians to keep them in line with other insurance payments.  This has not been done for the past 15 years.  The Medicaid folk believe it is an obsolete statute but it is still there.  The state is now 50th in payments and is planning a decrease in payments by 10% starting in July.  Currently only about half of the state's physicians take Medicaid and that is mostly in primary care clinics and not in private practice.  Soon the proportion will be greatly reduced and there will be no specialist to refer the clinic or private patient to.  There will be many more Medicaid patients going to EDs and the state will pay much more for the care.          Top

Hospitals

Multiple California hospitals were fined by the State for drug problems.  Cedar Sinai was fined $25,000 for giving the wrong doses of heparin to the Quaid twins and others.  Others fined for lapses in patient care were Scripps Memorial Hospital in La Jolla, Universal Health of Rancho springs, Kern Medical Center in Bakersfield and the largest fine of $75,000 went to Kindred Hospital in Modesto for three separate violations including failing to have procedures in place to monitor controlled substances.        Top

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.