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March 15, 2004 Legislation

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ABNs No More

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Malpractice

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Whistle-blowers

ABNs No More

Quietly, CMS has gotten rid of ABNs for hospitals.  It is now the Hospital Advance Beneficiary Notice (HABN).  HABNs are to caution patients that they may be billed if (1) preadmission notices which tells patients that if they are admitted Medicare will not pay; (2) hospital notices that tell patients they should never have been admitted and they are on the hook from that time forward unless they leave now; and (3) continued stay notices which means that they have received full benefit and will be billed if they don't leave.  This actually took place October 1.        Top

Malpractice

The Mississippi Senate has passed tort reform with a $250,000 cap on non-economic damages for all tort cases, not just med mal.  It also gets rid of the onerous joint an several liability.  There is a separate bill being deliberated in the House co-sponsored by the majority of the House. 

Georgia continues their version of malpractice tort reform.  The House is to vote on a bill that has deleted any cap on non-economic damage.  The bill would allow judges to sanction parties that file frivolous law suits.  This will do little to deter suits as the risk reward ratio is good for the plaintiffs.   Top

Whistle-blowers

Vermont, like Pennsylvania and Oregon is considering protections for hospital whistle-blowers.  It would ban retaliatory action by a hospital for employees who provide information or testify in an investigation or refuse to take part in a suspected illegal activity.  What I do not see in this proposed law that are present in the other states proposed laws are protections for physicians who argue for quality healthcare.        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.