August 1, 2010 Legislation



After the IRS came out with a report that the new Obamacare bill will be a major burden in paperwork for small business, a Senator introduced legislation to reduce that paperwork.  This would decrease the tremendous 1099 paperwork that would have been required under Obamacare.  The new bill just removes all the paperwork.   

After bypassing the Senate due to potential problems with Dr. Berwick as the head of CMS, Obama has now sent the Doctor's name in for confirmation. This does not change that Berwick is already in place until the end of 2011.  With the likely change in the Senate and the late sending of the name, it is unlikely that Berwick will be confirmed anytime soon.

The Obamaism of not taxing people who make under $250,000 for the health care legislation is under water on two fronts.  The first is that the Justice Dept. now considers the compulsory purchase of health care insurance a tax so it can pass muster in the courts and the second is the tanning parlor tax that now goes into effect.  This affects women, especially young ones that make much less than $250,000.  

Why is this not surprising??  The deficit reigns supreme.  What is the best way to decrease the deficit?  According to 128 Democratic Congresspeople, it is to spend more money.  They are proposing to reinstate the "public option" portion of the Obamacare plan.  This would save up to $68 Billion between 2014 and 2020 by paying physicians and hospitals less.  The House leaders will let this pass until the next Congress.

The Department of Labor has issued new rules to help people appeal their denials of insurance claims.  The coverage will continue during the appeals therefore making sure the insurers will want an expedient hearing.  The review will have to be by an independent third party.  This will start on new plans after September 23 or in most cases after January 1, 2011.  This is only for those with new plans not plans already in place.  States have to next summer to get rules in place for complying with the fed law.  

CMS is considering a new rule regarding dialysis payments.  The new rules will pay the units on quality by having the units reach standards in not using anemia drugs or transfusions and making sure the dialysis is adequate.  If the units do not live up to the standards they will get a 2% decrease in pay starting in January, 2012.

The House rejected a bill to give medical care to those heroes who became sick after the 9/11 attack.  This leaves it to the courts to settle.  The Democratic leadership (Pelosi) made a decision to have the law require a 2/3 majority instead of a simple majority.  Therefore it failed.

In a story regarding health care reform in the Republic of Massachusetts, the Boston Globe states that the House has passed another mandate for insurers.  They must cover autism and those with related symptoms with a broad range of services. It is estimated that the new law if it passes will cost each insured between $$14.64 and $29.40 depending on the range of services mandated.  Supporters of the bill state it would only add $0.83 per month per insured.  Somebody is way off the mark.

Only in California.  Modoc county raised 12.5 million to help fund it's county hospital.  They then used the money for other things and the hospital cut services.  A judge has ruled that the county took the hospital money illegally and now the county wants the fiscally broke state to bail them out.  If they do not get an emergency bailout they probably will not be able to make payroll at the end of July.  There will be an emergency vote in August for a new tax for the hospital.

The NHS in jolly olde has said that the two Cyberknifes in all of England is only for private patients and that the NHS will not pay for its use. After being given a presentation on the Cyberknife the NHS say it is not cost effective.        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.