July 15, 2004 Legislation

JCAHO

California Proposition Measures

Tax

Malpractice

Medical Records

Universal Health

JCAHO

The CMS has requested the JCAHO to develop standards an a national certification program for the payment of surgery of reduction of lung volume.

The JCAHO has downgraded King/Drew Hospital to probation.  The hospital did not fix the things that were wrong at the surprise February visit.  The hospital apparently corrected their problems in leadership, hazardous waste management, staffing and teamwork, all these not required by the CMS deeming standards.  The one they did not fix was their residency oversight.  The joint had given full accreditation in May this year.  The hospital dropped their radiology and surgical residency on July 1.        Top

California Proposition Measures

There will be five health propositions on the November California ballot.  They will be a $750 million bond to pay for construction of children's hospitals costing $1.5 billion over the 30 years, increase by 1% the state tax on individuals who make over $1 million.  This will raise about $700 million annually for expansion of mental health services, a 3% surcharge to residential telephone bills to fund hospital emergency services and training, a proposition that would raise $295 annually for stem cell research that would really cost $6 billion and a proposition to reverse the legislation that taxes businesses for health insurance.        Top

Tax

New Jersey will begin the tax on outpatient surgical centers to pay hospitals for their charity care.  Of course, it is not charity care if they get paid.  The tax hold on all outpatient surgical facilities is 3.5% of the gross income, not the net.  There is a cap of $200,000 or a gross receipt figure of $5.5 million.  The tax is also on all centers, even those that are joint hospital-physicians ventures.  The physician owned centers are not happy with their hospitals and will probably do everything possible to increase the procedures they do out of the hospital.        Top

Malpractice

Southern Illinois has no neurosurgeons and does not have a prospect of getting one as long as the Illinois legislature is Democratically controlled.  Illinois does have a law that is like the law between the federal government and the states.  If the state does not legislate an area the municipality may.  Two areas in southern Illinois, Marion and Carbondale are passing laws to place a cap on non-economic damages in their counties of three times economic damages.  They also are restricting venue to the county where the alleged malpractice occurred.  They are looking forward to seeing this tested in the courts.    

The Republican Maryland Governor is being attacked by the Senate President Democrat and trial lawyer for his appointments to a committee to look at solutions to the malpractice crisis in the state.  The legislature left wing doesn't like that they believe they have been excluded from the committee.  In fact, the legislature was asked to be a part of the committee but the Senate refused.   Top

Medical Records

Kansas has passed a law that allows their medical board to seek medical record protection when necessary.  This happens when the board revokes a license and the defrocked physician is not cooperative.  It also happens when the physician leaves the state or passes away.  The problem has become more acute since HIPAA has gone into effect.        Top

Universal Health

The San Francisco Board of Supes are to vote on a hairbrained idea to open up the health and dental plan for the current city employees to all the residents of San Francisco.  In 1998, the voters of this city voted to put in universal health care.  This is the first attempt to comply with that vote.  If the measure is passed by the Board of Stupes the measure will appear on the November ballot.  Even after that, the HSS, that manages the employee health plan, may decide not to do it.  The only fair way to pay for it would be a tax on all voters (residents) and not on corporations, businesses or visitors.        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.