December 15, 2005 Legislation

Malpractice

Healthcare

Hospitals

Physicians

JCAHO

Malpractice

In Washington, the voters rejected both the measures up for a vote.  One by the medical profession and one by the trial lawyers.  This is a victory for the trial lawyers since it is now business as usual and the issue returns to the legislature which is controlled by the trial attorneys.

In Wisconsin, the legislature is trying again.  after passing med mal caps many years ago and having them recently overturned by the Supreme Court, they again have passed caps for non economic damages but have raised the amounts to attempt to comply with the court. The Governor a Democrat, has vetoed the measure and the legislature will pass it again but with higher caps.       Top

Healthcare

In the People's Republic of Massachusetts, the legislature wants health care for all.  This great experiment will cost them their businesses and jobs on whose back the increased tax would be placed.  The new law also would force the uninsured who have enough money but are not buying insurance to do it.  God love the Democrats.   

On the left coast, the other idiots, the board of stupes of San Francisco, are passing the same sort of bill to cover the uninsured.  This is the same Board that has passed payment for sex change surgery.  This is again noted to be a business unfriendly area.      Top

Hospitals

The Wisconsin attorney general has filed against hospitals that charge the uninsured more than managed care companies.  They filed against St. Joseph Hospital and the Wisconsin Heart Hospital.  This smacks of politics as there is an election in the offing.  Also, why would any hospital have managed care contracts for low prices if they need to charge all without any insurance the same?  The hospitals also state they give many millions of dollars in uncompensated care.  

The Peoples Republic of Massachusetts has a law that requires all hospitals to that see rape victims to offer the morning-after pill to the victim.  Now the People's Department of Health states this law does not apply to Catholic or private hospitals.  The law did not exclude these entities.  The conservatives equate the pill to abortion which the hospitals mentioned above do not have to perform.  

The Governor has now stepped in to the fray and overruled the Department of Health.  No hospital, private, Catholic or public is immune from the law.  This will apparently, like most other matters in our society, go to court.  Top

Physicians

Physicians steel thyselves!!  Starting in several weeks you will be seeing a cut in your federal reimbursement by 4.4%.  Congress, which has acted in the past, has not acted this time.  Consideration must be give to whether it is in your financial interest to chop some of your valuable office time from Medicare patients and give it to others.

Not to be left out, California is instituting a 5% decrease in payments to physicians for taking care of Medicaid patients.  This is to begin in the next week and to through 2006.  This law was passed under prior Governor Davis and was stopped by law suits.  It is now up again and the new Governor is for the arrangement to reduce the budget.  In a reversal the Democratic legislature is now against it since there is now a surplus of funds.  The CMA wants to put rations on testing of Medicaid patients in lieu of the reduction in pay.  If it goes through there will be many less physicians taking Medicaid patients.

In Massachusetts physicians must like to leave surgery.  One went to the bank while his patient was on the OR table and now another has left the OR to give a lecture in another part of the same hospital.  This physician was give a reprimand by the hospital and probation by the medical board.  He was not reported to the NPDB.  Dr. Timothy Brown of the Boston Medical Center should be reported.        Top

JCAHO

This sleezy organization has again got is hand caught in the cookie jar.  This time it was selling information to the insurance companies.  After the hospitals caught them, the organization backed off and will no longer sell the information. 

There will hopefully be another deeming organization soon.  TUV Healthcare Specialists has applied to CMS to become the third deeming organization in the country.  It's application to CMS is now complete.  It will utilize the ISO 9000 techniques to look at the hospitals to see that they comply with the CoPs.       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.