June 1, 2012 Legislation




The medical boards seem to be increasing their discipline on physicians.  There has been an overall increase in total actions throughout the country.  There has also been an increase in the discipline met out.  Of course, one organization is not satisfied.  They want all states to pursue every little claim to its fullest and were reprimanded by the FSMB.        Top


The OIG has issued several reports on the inefficiency of CMS.  They took them to task for not auditing Medicaid agencies, the amount of CMS penalties overturned on appeals meaning their processes are not well thought out and the oversight of the Medi-Medi program which is not doing any reporting of fraud.

Obama continues to push Obamacare to the expense to the taxpayers.  The administration has paid a fee of $20 million to a PR firm to push Obamacare before the election and the Supreme Court vote.

CMS has issued a recommendation to hospitals that they open their membership to non-physicians to make way for the expected increase of patients in 2014 when Obamacare comes into play.  Yes, I really would want a NP directing my care  in the ICU or CCU.  CMS continues to state that physicians must be team leaders but states that Podiatrists may be medical staff leaders.  Hospitals in systems will now have the flexibility to have only one board or a separate board for each hospital in the system.

Physicians are not rushing into reporting quality measures under PQRS.  In 2010, only 1/3 of physicians reported any quality measures.  Those that do not report may see a 1.5% decrease in their payments from Medicare in 2015 based on what they report in 2013.  The average payout in 2010 was just over $2000 per physician.  The bonuses will continue to decrease until the penalties start.  I wonder if one does an Internal Rate of Return on the money verses the cost of the equipment, software and man hours required what the actual return on the investment would be.

The Senate voted almost unanimously to increase user fees so manufacturers would pay $6.4 Billion over five years to help the FDA look more quickly at drugs and prevent delays and shortages of meds.  It now will be fast tracked in the House. The Bill also required more stringent looking at foreign drugs coming into this country as well as other rules.  There was an attempt by Senator McClain to allow Americans to purchase drugs from certain Canadian pharmacies.  This did not pass the Democratic body even though Obama ran on this in 2008.

Did you know that one arm of Social Security will be bankrupt in four years?  The disability arm has the boomers hitting it big for medical coverage and once on the program no one gets off.  Both parties are keeping away from the problem with watchful neglect.

Kansas has enacted a new law that allows physicians not to prescribe meds that interrupt pregnancy.  Of course even without the law the physicians never were required to prescribe any meds that they did not believe in. The law includes pharmacists and does not require one pharmacist to refer to another to give out the meds. 

Congratulations to the socialist medicine of Great Britain.  The country will now allow IVF for women over 40 and people with cancer who want to do storage.  The health system allows three cycles of IVF.  Their statistics show one pregnancy for each four attempts.        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.