September15, 2008 Legislation

Medical Board

California Laws

Congress

CMS

Hospitals

Medical Board

The North Carolina Medical Board has decided to put on line all payments made on the physicians behalf to patients over $25,000 for med mal.  This is done in most states but with a higher amount.  In California it is $30,000.  This is fine going forward but should not be done in retrospect.  Many suits are settled for nuisance value and these will not be settled in the future due to this rule.        Top 

California Laws

The California legislature has passed several bills and sent them to the Gov for signature.  The first one will be vetoed.  That is Single Payor Health Care.  The State is broke and can not afford this. The next one is the restriction of health insurer rescissions.  The insurers would also have to continue coverage for the  families of those they have illegally rescinded. The next bill would force insurance companies to cover people with pre-existing conditions.  This would raise rates enormously.  The last one is a bill that would form the Office of Health Information with the ability for fine hospitals and individuals up to $250,000 for breach of privacy. 

Of course, California is in the middle of a budget crisis and the do nothing legislature can not compromise.  The governor has stated he will not sign these bills and others until such time as the budget is presented to him.  If he does not sign a bill by September 30, it will become law.  He has stated he will veto laws to prevent that from happening.    The budget passed and is signed after the Gov used line item vetoes to get rid of over $500 million in healthcare pork.

The Governator also signed bills that affect MRSA.  The first requires hospitals to test all patients that are high risk within 24 hours.  The other signed bill requires physicians and other medical professionals to be trained in preventing the spread of infections.  He rejected a bill that would require a health exam prior to any cosmetic surgery.   Top

Congress

Congress has passed a mental health parity bill tacked on to a bill promoting alternative energy.  They do things like that.  Private insurers now must give the same level of benefits for mental health as physical health.  This applies to employers with 50 or more employees.  There is nothing in the bill as to how to pay for this.  Sound familiar.        Top

CMS

CMS has taken away a major inducement to get seniors into HMOs.  The HMOs can no longer give away food nor can they cold call seniors.

There is a new sheriff in town.  CMS has approved DNV, a Norwegian company to be a deemer of Medicare worthiness.  They will use the ISO 9001 standards to certify hospitals.  This now makes the fourth deemer and gives hospitals and other organizations more choice.  However, we all know that hospitals will pick the expensive brand with the most extensive requirements that are not necessary for being a Medicare provider.        Top

Hospitals

The People's Republic of Massachusetts has passed a law prohibiting hospitals from utilizing diversions when they are full.  This will allow the ambulance to bring the patient to the hospital but will not allow the hospital to see the patient nor treat the patient.  There will be more patients held in the ED and in hallways for longer times and with less supervision.  The law of unintended circumstances works well in this Republic.        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.