November 1, 2005 Legislation

Stark Law

Malpractice

Conscience Clause

Flu Vaccine

Specialty Hospitals

Stark Law

The administration wants all to have electronic medical records.  In order to accomplish this they are willing to allow hospitals to provide physicians with hardware, software and training for free and not run afoul of the anti kickback rules.        Top

Malpractice

Wisconsin is again looking at limits on med mal suits.  A new bill is being introduced that would cap non economic damages at $450,000 for adults and $550,000 for those under 18 years of age.  The new law would allow for adjustments for inflation and would do away with the problems the Wisconsin Supreme Court found with the last passed law.        Top

Conscience Clause

The Wisconsin Governor has vetoes a bill that allowed health workers to opt out of a procedures on religious or moral grounds.  This included pulling a feeding tube or using stem cells.  This would also have protected the refuseniks from retaliation for not telling the patients where they could get the procedures or to refer them.  This does not change the current law that allows medical people to opt out of abortions or sterilizations due to moral or religious grounds.          Top

Flu Vaccine

The other Socialist Democratic Senator from NY Charles Shumer, has stupidly threatened Roche with some type of legislation if they don't allow others to produce the medication Tamiflu.  The Swiss company said they are willing to sub license if anyone can produce substantial amounts with quality, safety and regulatory guidelines.  This means they will not sublicense and Shumer will in fact end up with deserved egg on his face.        Top

Specialty Hospitals

The Senate Finance Committee has passed a bill to cut $10 billion from Medicare and Medicaid over five years.  As part of the bill physicians with ownerships in new specialty hospitals would not be allowed to refer to those hospitals.  This may pass since it is tied in to bill that many favor.        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.