May 1, 2005 Legislation

Insurance

Physicians

HIPAA

Malpractice

Hospitals

Insurance

Sometimes the California legislature gets it right.  They have killed a bill that would have required all Californians to have health insurance.  This would have gotten rid of all business paid insurance.  There are some do gooder Democrats that still don't get it.  One is Senator Kuehl who wants no copays or deductibles paid by people but instead funded by taxes on employers and employees.  This will do alot to help move the industries out of California but she doesn't care.  She is one of the prime examples of why California has term limits for their legislators and we now have a Republican Governor.        Top  

Physicians

If the now required 4.6% physician Medicare rollback goes through, it is probable that most physicians will delay in adding equipment to their office such as IT.  It makes little sense to fork out money for this or other equipment that does not add to the bottom line.  One may also see some primary care physicians referring patients quicker so they don't have to spend as much time with the seniors.  If any physicians begin to drop or not recruit seniors, they won't need as many staff so will lay off some staff members.  These are things that the pols don't think or care about when strict formulas.

In Louisiana, psychologists may now prescribe medication as do the ones in New Mexico.  The rationale is to get cheaper care and more access, not better quality.  This came after intense giving of money to the pols in a "lobbying" effort.  The other name is bribes.        Top

HIPAA

The new HIPAA security rules are now in effect and all need to be in compliance.  However about 80% of those surveyed are not now in compliance nor will they be in the near future.  

More importantly is that Medicare will no longer accept paper claims unless you fall into one of the rare exceptions.  These include physician offices with under 10 FTEs, Dentists, Providers that do mass immunizations, Medicare as secondary claims, unusual circumstances including power outages.        Top

Malpractice

Alaska's Senate has passed a cap on noneconomic damages at $250,000.  This now goes to the House, which last year rejected the cap.  

Florida is not allowing the poorly thought out amendments 7 and 8 to go into effect without major changes.  The Governor is expected to sign legislation that continues to protect peer review and continue to allow physicians to practice by not having settlements considered in the three strikes law.

Arizona has a signed legislation allowing physicians to express sympathy or apologize without it being introduced in court and that experts must be practicing in a relevant specialty.  Arizona constitutionally may not have any caps on damages.      Top

Hospitals

Tennessee has thrown a curve to HCA.  HCA after blasting specialty hospitals got their own comeuppance.  The state refused to allow HCA from building a surgical center in a county that already has a community hospital.  Why?  The center would cherry pick.  Does that sound familiar to anyone?  What's good for the goose etc.        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.