September 1, 2002 Legislation

HIPAA

Lobbying Helps

California Abortion Rights

California Incapacitated Patients

Medicare Appeals Process

HMO Placed Under Supervision

HIPAA

The Business Journal of Buffalo has an article stating HIPAA is here.  They make an assumption that most providers know they must comply with the electronic transaction code set by October 16, 2002 and the privacy portion by April 14, 2003.  I don't believe this is true.  The article is in a Q & A format stating who is covered, who should apply for extensions and who needs to be trained and on what.  If you do not the answers of the above off the top of your head run, do not walk, to someone to help you with compliance.        Top

Lobbying Helps

The California Assembly Health Committee has approved legislation to help one hospital.  Washington Township Hospital in the Bay Area has gotten a rule through committee and through the entire Senate to not allow after 2006 any new general acute care hospital in the Hospital District unless the hospital agrees.  It was written in general terms but really only applies to one hospital.  I wonder how much the hospital paid the Democratic party who control both houses to get this perk?        Top

California Abortion Rights

The California Assembly passed a bill regarding abortions.  The bill had already been passed by the Senate and the Governor backs the bill.  The bill states that the state shall not interfere with a woman's fundamental right to choose to bear a child or to obtain an abortion.  The new rule would restrict abortions to those where the fetus can not survive outside the womb. The legislation goes on to allow nurses and other non-physician health care providers to prescribe mifepristone to induce a medical abortion.  This bill was passed in case Roe v Wade is ever overturned by the Supreme Court.        Top

California Incapacitated Patients

The California legislature has also passed a bill to allow researchers availability to the incapacitated patients of the state.  The bill would allow family members to give informed consent for the patient to be enrolled in research programs for Alzheimer's Disease and others.  This would be in place of the wording that give authority only to those appointed by the courts or by the person prior to their incapacitation.  The Governor will probably sign the bill since it will not cost the bankrupt incapacitated state more money.

Medicare Appeals Process

Following a law suit filed against it by consumers for being 10 months over deadline, CMS has agreed to a process to appeal adverse coverage decisions.  The problem was when Congress mandated the appeals process they forgot to fund it.  The process for national ruling appeals would be first to an ALJ and then to the HHS Appeals Board and finally to the Federal Courts.        Top

HMO Placed Under Supervision

Texas has placed AmCare Health Plan under state supervision due to financial problems.  They are one of three HMOs serving Houston.  AmCare plans on dropping a money losing operation in Oklahoma.          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.