 | |
| |
| |
|
Texas is beginning a fight in the legislature between the Texas Hospital Assn. and the Texas Specialty hospitals. The Hospital Assn. continues to push the mantra of the poor rural community hospitals are having the good patients removed. The Specialty hospitals state there is minor money going to the physicians but the specialty hospitals provide better quality of care more efficiently, in general community hospitals have not been hurt financially and there is no evidence that physician referrals to specialty hospitals is a problem.
The Arizona chapter of the American College of Emergency Physicians has written it's national organization asking that they support the continued moratorium on specialty hospitals. The reason is the lack of any of the federal inquiry that was supposed to happen.
Medicare has published some changes to the Conditions of Participation that all hospitals the take Medicare patients must abide with. These are the issues that are supposed to be inspected for by a deeming agency. The changes are the first step. The include increasing the types of practitioners who may do history and physicals, all orders, verbal or written, would need to be dated, timed and authenticated by the practitioner taking care of the patient. This is a five year rule that allows any practitioner either the prescribing one or the one responsible to sign the order in the meantime. After the five year hiatus, only the prescribing practitioner could authenticate their own orders. The orders would need to be authenticated within 48 hours. All drugs and biologicals must be kept secure. Post Anesthesia evals may be done by anyone who performs anesthesia and not just the person who gave the anesthesia. Top
The Nevada Assembly has introduced a bill that would require criminal background checks on all physicians now practicing and those who apply. The fees would be paid by the physicians by their dues. If they have prior felonies, they will be investigated and possibly have their licenses revoked. This is the sledgehammer that the legislators have chosen to deal with one physician who was arrested on child molestation charges. The old law only allows license revocation if the felony is related to the practice of medicine. Top
The progressive state of South Dakota has passed legislation to hinder abortion. The four laws passed and signed are that physicians be required to tell pregnant women in person or in writing within two hours of the procedure that the action ends the life of a human being and terminates the constitutional relationship between the woman and the fetus. The women must be told that some may die during the procedure and some may get depression. The bills would also ban most abortions in the state if Roe v Wade is ever overturned by the US Supreme Court. The last is the notification of parents of minors seeking abortions within 24 hours. The minor may opt out via a court order. Top
Missouri has passed med mal reform. The new law caps noneconomic damages at $350,000 which decreases the current $579,000 cap x the number of defendants with one episode of care. The Governor has signed the legislation.
The Montana Governor has also signed med mal tort reform legislation. These were developed by the Montana Medical Association and one hospital. One of the new laws will not allow any "I'm sorry" statements to be used in court. There would be no liability except for your own. There will be more scrutiny of who an expert witness is in a med mal case. One bill that passed is an affront to physicians. Independent contractors can not sue hospitals. We know who pushed that one through. There are still five other bills in the legislature to be decided.
The South Carolina legislature has passed med mal tort reform. The new law caps non economic damages at $350,000 but per defendant. The legislature also passed bills regarding tort laws in general with new standards for experts, who pays what percentage of damages where the suits may be filed and shortening of the statute of limitations.
Illinois is in turmoil after the Republicans began their rejection of any Senate business until the med mal issue was finished. The Democratic Senate head retaliated by closing the Senate. Actually, this may be best as no legislation can be passed. Top
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.