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In a misnomer, articles are stating that the specialty hospital moratorium is being extended six months by CMS. This is not true. CMS has no authority to extend the moratorium, only Congress has that authority. What CMS is doing is taking six months to access if specialty hospitals are really outpatient facilities and how the hospitals would be reimbursed. This is not the same as there can be no hospitals started to be built. Of course, hospitals could always have been built but Medicare would not pay for anyone in them during the moratorium.
The non profit hospitals have stirred up a hornet's nest. They have got Congress to look at them. The House Ways and Means Committee will investigate what standards are used to make a hospital tax exempt, if the tax exempts sell their businesses on an open market along with the IRS oversight of the tax exempt hospitals. The Senate has also decided to look at the not for profits. Sen. Grassley has asked 10 hospitals for multiple information regarding their costs to uninsured and also receipts for the travel of the top five people of the organization.
Ohio is attempting again to get hospitals to disclose quarterly detailed billing information to all in and outpatients of the hospital. This would require 18 separate bits of information. This bill would be onerous to the hospital IT Departments and would be equivalent to the JCAHO information requirements. This is the second time this bill has been introduced. This bill would be a costly and inefficient way to analyze data. Top
There are currently two bills before the Rhode Island legislature. The first passed by the Senate requires the hospitals to inform the public via an annual report to the state of their nurse to patient ratios over a year. The hospital association opposed the bill since it may be misleading. However, that is misleading, as the numbers are averages over a year and not daily. This is a failure of the nurses union to get a bill through that is equivalent to the ill thought out California ratio law. A second bill also passed the Senate requires hospitals to report their infections to the Health Department. Both bills will be signed by the Governor after passage by the House. Top
In Georgia, the Medical Board has proposed that physicians lose their license if they work for physician assistants. Georgia does not have a Corporate Practice of Medicine Act. This will create a problem for the rural health clinics that are run by PAs and supervised by MDs. If those physicians then come to the clinic to work they are working for the PAs and the Board believes this is a conflict of interest. This change is favored by the state medical association. The reason must be money, not the patient safety issue espoused by the medical association.
The New Jersey legislature has mandated background checks for those healthcare professionals who reapply for licenses. The legislature also put in a law requiring those who witness incompetence report it to the state or their employer. Anybody want to report the legislators who voted for this costly and unenforceable law. Top
The Wisconsin legislature took away the Governor's request to use the state's med mal fund to fund social programs. The Governor and the legislature are going to have to find another way to use general fund and not earmarked funds for their projects.
Congress is considering a bill that would toss out the inadequate physician reimbursement scheme that is currently in place. Every year the scheme states that the physician should be paid less and every year the Congress has to override the law. Under the new scheme the payment schedule would increase yearly to accurately reflect the physician practice cost. Top
Medicare is formulating a new Conditions of Participation (COP) for
The People's Republic of Massachusetts religious and community groups are attempting to get a ballot initiative for universal health care. The funding is more taxes on cigarettes and even more devastating to the businesses of the state mandated insurance. California attempted to get mandated health care insurance by businesses and it was defeated after the realization sunk in that this meant fewer businesses and jobs. The new tax of 50 cents a pack on cigarettes would make the total tax over $2.00 per pack. If nothing else this may have the good effect of keeping youngsters from smoking or the impetus for others to quit. Top
California is again considering physician assisted suicide. It will be based on the successful Oregon law. It has made it out of committee in the Assembly and now goes to the Assembly floor. Top
In Congress the Democrats have a bill that would limit noneconomic damages in year one to $878, 000 and of course increasing yearly. This is a far cry from the original bill previously passed by the same Congress of $250,000. The Democrats also want federal oversight of the state Boards which is against the Constitution that give the states the right to control their own police powers. This will never get out of committee.
The Illinois Democrats have finally seen the light. The legislature has approved a $500,000 cap on noneconomic damages. Also included are a $1 million limit on noneconomic damages against hospitals, more disciplinary tools and public disclosure. 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.