January 1, 2003 Legislation

Health Insurance

Malpractice

Health Insurance

I don't care how long one has been in this business you always can learn something new.  In Florida and some other states have enacted in the past the Uniform Accident and Sickness Policy Provision Law.  This law allows health insurers not deny payment and coverage to anyone who is found with alcohol or narcotics in their system when seen in the emergency department or trauma system.  This law is now under attack in Florida and hopefully other states.  This law is a impediment to proper care.  Knowing that the physicians and hospitals will not be paid may influence whether or not to get a toxicology screen and blood alcohol level on any routine basis.  This does not allow any intervention to prevent future alcohol or drug related accidents.  

The People's Republic of Massachusetts is now considering legislation to force universal health care on its citizens.  This after Oregon soundly rebuffed the same proposition in November.  The new governor is opposed to the idea.  Several years ago a consultant firm was hired to look at the feasibility of universal health care.  They made recommendations of universal health which will add billions of dollars to the most expensive health care in the nation.  They did not say how to pay for these new programs.  Another possibility was to give Medicaid to all up to 300% above federal poverty levels.  This would only cost an additional $3.4 billion.  Their last idea was to mandate purchased insurance. They must have joined in the failed socialist revolution with Massachusetts.  

For those of you who remember the monetary woes of the People's Republic when they wanted to soak the pharmacies to charge less for drugs. The legislature found they couldn't do that so they put a tax on pharmaceuticals.  This starts the beginning of the year.  The pharmacies are passing it on to all those who buy drugs except those covered by Medicaid  and Medicare.  The new tax is $1.30 per prescription until July 1, 2003 when it drops to 65 cents.  This will be charged to all HMO patients as well as fee for service. The People's Republic spinners call this an assessment but the retailers call it a tax (anybody remember the Boston Tea Party over an assessment?).  The HMOs have rightfully stated they will not pay anything toward the tax and they see it as a government imposed tax between the pharmacies and their customers.  The pharmacies will have signs explaining the tax and telling patients to talk to their state legislators.  I'm sure the legislators  will be happy and overjoyed to hear from their constituents.       Top

Malpractice

Tennessee is studying how to avoid the problems of Mississippi liability reform.  They are now starting to develop their own tort reform legislation.

The US HHS is having town meetings throughout the country to get input on malpractice reform.  A recent meeting was held in Florida with Secretary Thompson.  Most who spoke asked for a change in the legal system.  Thompson believes there will be legislation this year to help alleviate the problem on a national level.        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.