April 15, 2005 Legislation

Physicians

EMTALA & AHA

Pharmacists

Nurses

Hospitals

Malpractice

Nursing Homes

Physicians

CMS has determined that physician payments for the next calendar year will be cut 4.3%.  This is routine for the CMS, who later in the year will yield to pressure of the reduction of physicians accepting new Medicare patients, will increase the payment instead.  Physician service rose 15% in 2004 due to visits, in office prescription drugs and scans.  There will be a significant percentage increase in payments for Medicare recipients for Part B coverage.  

At the same time CMS plans on raising the money paid to Medicare HMOs at least 4.8%.  This is to encourage the rationing organizations to stay in the Medicare business despite their dropping enrollment. 

The South Carolina Senate has stalled a bill that would allow the public to be notified after charges against a physician have been filed and prior to any final action.  This is being fought as unfair to the physician by the medical association.       Top

EMTALA & AHA

The AHA made a statement to the EMTALA Technical Advisory Group.  During that statement they stated that the CMS should make all physicians that get Medicare or Medicaid money take call.  The poor hospitals can not make them do it since many are doing more things outside the hospital.  The EMTALA folk recently gave the hospital flexibility to provide or not provide emergency medical care depending on the availability of the physician.  The hospital now wants involuntary servitude from the physician since they want the patient or should I say the money.  The AHA also used this opportunity to again discuss the specialty hospitals that give better and cheaper care than the community hospital.  The poor community hospital that has refused to work with the physician which in turn made the physician build their own hospital is now trying to use economic credentialing to force them back to the fold.  Not working.  The physicians are just doing their procedures at the new hospital.  The last thing the AHA discussed is one which I agree.  They need to be given the opportunity to respond prior to being removed from the fed med programs.        Top

Pharmacists

Illinois Governor Blagojevich signed an emergency measure requiring all pharmacists in the state to fill birth control prescriptions.  This happened after a Chicago pharmacist refused to fill a birth control pill prescription on religious grounds. If there is a pharmacist who refuses to fill the prescription, there must be another one present to fill the prescription without any delay. 

There are in 47 states laws that allow health care professionals to opt out of taking care of someone usually in the abortion or sterilization arenas.  There is a movement afoot to enlarge the opt out clauses.          Top  

Nurses

A Florida labor union is attempting to get the same idiotic legislation of nursing ratios as California has. Florida has the same problem as the rest of the country, lack of nurses.  This has already been a factor in the closing of nine California hospitals.  Currently in Florida they need more nurses.  This is expected to increase to over 60,000 by 2020. The idea of a ratio is good only if there are enough nurses and the strict ratio will not force hospitals to close some or all of their services. The bill would also not allow nurses to work over 12 hours unless the nurses want the overtime.  This is a good rule as tired nurses make more mistakes.  As in California, the hospitals are against the law.        Top

Hospitals

The Nevada Senate has proposed a bill that would require the Los Vegas EDs to provide service to a patient within thirty minutes if they arrive by ambulance.  There would at his time be no penalty if it did not occur, but here may be one in the future.  The time element would need to be tracked by Clark County, but without any funding.

The California Senate, who are Democrats, and friends of the unions, are considering a proposal to increase the oversight of $27.4 million that was given to the state's hospitals to hire more nurses are actually used for that purpose.  The Governor had said that the money was for an increase in Medicaid payments, not for hiring nurses. 

The Montana legislature has passed a sent to the Governor a bill not allowing any building of specialty hospitals until July 1, 2007.  The bill was passed to give the legislature a chance to review licensure standards if the federal moratorium ends.        Top

Malpractice

The Missouri House has passed a med mal bill by 114-11.  It now goes to the Senate.  This is on top of the med mal bill signed one week prior by the Governor.  The new bill would tighten the med mal insurer regulations to help bring down premiums.  The Department of insurance would require detailed information prior to any premiums increase and then need approval for any raise over 20%.        Top

Nursing Homes

The California Department of Health Services has issued an emergency order that needs to be renewed every 120 days that would expand what assets the state could attach to pay Medicaid bills after a recipient passes away.  This would include a 7% interest on unpaid bills.  The main one is the cost of nursing home services from the families to the beneficiaries.  The Association of Nursing Homes has filed suit to prevent the regs from taking place as they state there is no emergency present.  The Office of Administrative Law has stated that they do not have the power to prevent the emergency rules to take effect.        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.