From pottsbri@yahoo.com Mon Aug 4 20:09:56 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Mon, 4 Aug 2003 12:09:56 -0700 (PDT) Subject: GAO Releases Report on Rising Malpractice Premiums Message-ID: <20030804190956.10554.qmail@web41310.mail.yahoo.com> --0-1148566504-1060024196=:9481 Content-Type: text/plain; charset=us-ascii You can click on the link and get the full GAO report as a PDF file. Antoine Kazzi, MD -----Original Message----- AAMC WASHINGTON HEADLINES Legislative and Regulatory News from the Association of American Medical Colleges August 1, 2003 *********************************************** GAO Releases Report on Rising Malpractice Premiums The General Accounting Office (GAO) July 28 released a report (GAO-03-702) that identifies "losses on medical malpractice claims" as the primary force behind the recent and dramatic increases in malpractice insurance premiums. The complete story is at: http://www.aamc.org/advocacy/library/washhigh/2003/080103/_4.htm August 1, 2003 - The General Accounting Office (GAO) July 28 released a report (GAO-03-702) that identifies "losses on medical malpractice claims" as the primary force behind the recent and dramatic increases in malpractice insurance premiums. The report does not call for congressional action at this time; however, it suggests to Congress that any policy changes should incorporate state- and incident-specific data from state insurance regulators and the National Association of Insurance Commissioners. Information: Christiane Mitchell, Senior Legislative Analyst AAMC Office of Governmental Relations cmitchell@aamc.org (202) 828-0526 Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1148566504-1060024196=:9481 Content-Type: text/html; charset=us-ascii

You can click on the link and get the full GAO report as a PDF file.

Antoine Kazzi, MD

 

-----Original Message-----

AAMC WASHINGTON HEADLINES

Legislative and Regulatory News

from the Association of American Medical Colleges

August 1, 2003

***********************************************

GAO Releases Report on Rising Malpractice Premiums

The General Accounting Office (GAO) July 28 released a report

(GAO-03-702) that identifies "losses on medical malpractice claims" as the primary force behind the recent and dramatic increases in malpractice insurance premiums.

The complete story is at: http://www.aamc.org/advocacy/library/washhigh/2003/080103/_4.htm

August 1, 2003 - The General Accounting Office (GAO) July 28 released a report (GAO-03-702) that identifies "losses on medical malpractice claims" as the primary force behind the recent and dramatic increases in malpractice insurance premiums. The report does not call for congressional action at this time; however, it suggests to Congress that any policy changes should incorporate state- and incident-specific data from state insurance regulators and the National Association of Insurance Commissioners.

Information:

Christiane Mitchell, Senior Legislative Analyst

AAMC Office of Governmental Relations

cmitchell@aamc.org

(202) 828-0526



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1148566504-1060024196=:9481-- From pottsbri@yahoo.com Thu Aug 7 06:53:10 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Wed, 6 Aug 2003 22:53:10 -0700 (PDT) Subject: Davis Signs $99.1 Billion Budget With 5% Reduction in Reimbursements for Medi-Cal Providers Message-ID: <20030807055310.86232.qmail@web41305.mail.yahoo.com> --0-1714637687-1060235590=:85218 Content-Type: text/plain; charset=us-ascii -----Original Message----- From: California Healthline [mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM] Davis Signs $99.1 Billion Budget With 5% Reduction in Reimbursements for Medi-Cal Providers 08/04/2003 As expected, Gov. Gray Davis (D) on Saturday signed a $99.1 billion state budget for the 2003-2004 fiscal year that includes a 5% reduction in Medi-Cal reimbursements for providers to help cover a $38 billion deficit, the http://www.latimes.com/news/local/la-me-budget3aug03,1,7306698.story?coll=la-home-headlines Los Angeles Times reports (Jones et al., Los Angeles Times, 8/3). The budget includes $12 billion, or 10.8%, in reductions to state expenditures, with some of the "deepest cuts" made to social services programs, the http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/08/03/MN294235.DTL San Francisco Chronicle reports (Berthelsen/Wildermuth, San Francisco Chronicle, 8/3). The budget, which leaves an $8 billion budget deficit next fiscal year, authorizes the state to borrow funds, eliminate programs and increase fees. Medi-Cal physician reimbursement reductions will save the state $115 million; optional Medi-Cal benefits provided to beneficiaries will remain in pl! ace ( http://www.californiahealthline.org/members/basecontent.asp?contentid=49401&collectionid=3&program=1&contentarea=31371 California Healthline, 7/30). The budget will require Medi-Cal beneficiaries to reapply for the program two times per year, rather than one, to help reduce costs (Bluth, http://www.sacbee.com/content/politics/ca/budget/story/7155654p-8102933c.html Sacramento Bee, 8/3). Funds for public health and human services programs in the budget will remain the same as those provided last fiscal year, and the state will borrow $1.5 billion against future payments from the state's share of the national tobacco settlement (California Healthline, 7/30). Under the budget, the state will reduce expenditures for health care for low-income residents by a total of $1.57 billion, about $930 million of which will result from a revision in Medi-Cal accounting practices. The revision will delay the date when Medi-Cal considers a medical bill, which will shift a part of expenses fr! om this fiscal year to next fiscal year, the Chronicle reports (San Francisco Chronicle, 8/3). The budget allocates $14 billion from the general fund for health care (Mendel, http://www.signonsandiego.com/news/uniontrib/sun/news/news_1n3budget.html San Diego Union-Tribune, 8/3). Reaction Davis said that the budget represents a "victory over Republican efforts" to reduce state health care expenditures, the Times reports. "They wanted to eliminate one million immunizations for children. We wouldn't let them. They wanted to eliminate health benefits for 400,000 children who already have had them. But we wouldn't let them," Davis said (Los Angeles Times, 8/3). Assembly Republican Leader Dave Cox (Fair Oaks) criticized the budget and said in a statement that Davis has "devastated the state's economy and left us with an unprecedented $38 billion hole" (San Diego Union-Tribune, 8/3). Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1714637687-1060235590=:85218 Content-Type: text/html; charset=us-ascii

-----Original Message-----

From: California Healthline [mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]

Davis Signs $99.1 Billion Budget With 5% Reduction in Reimbursements for Medi-Cal Providers

08/04/2003

As expected, Gov. Gray Davis (D) on Saturday signed a $99.1 billion state budget for the 2003-2004 fiscal year that includes a 5% reduction in Medi-Cal reimbursements for providers to help cover a $38 billion deficit, the http://www.latimes.com/news/local/la-me-budget3aug03,1,7306698.story?coll=la-home-headlines Los Angeles Times reports (Jones et al., Los Angeles Times, 8/3). The budget includes $12 billion, or 10.8%, in reductions to state expenditures, with some of the "deepest cuts" made to social services programs, the http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/08/03/MN294235.DTL San Francisco Chronicle reports (Berthelsen/Wildermuth, San Francisco Chronicle, 8/3). The budget, which leaves an $8 billion budget deficit next fiscal year, authorizes the state to borrow funds, eliminate programs and increase fees. Medi-Cal physician reimbursement reductions will save the state $115 million; optional Medi-Cal benefits provided to beneficiaries will remain in place ( http://www.californiahealthline.org/members/basecontent.asp?contentid=49401&collectionid=3&program=1&contentarea=31371 California Healthline, 7/30). The budget will require Medi-Cal beneficiaries to reapply for the program two times per year, rather than one, to help reduce costs (Bluth, http://www.sacbee.com/content/politics/ca/budget/story/7155654p-8102933c.html Sacramento Bee, 8/3). Funds for public health and human services programs in the budget will remain the same as those provided last fiscal year, and the state will borrow $1.5 billion against future payments from the state's share of the national tobacco settlement (California Healthline, 7/30). Under the budget, the state will reduce expenditures for health care for low-income residents by a total of $1.57 billion, about $930! million of which will result from a revision in Medi-Cal accounting practices. The revision will delay the date when Medi-Cal considers a medical bill, which will shift a part of expenses from this fiscal year to next fiscal year, the Chronicle reports (San Francisco Chronicle, 8/3). The budget allocates $14 billion from the general fund for health care (Mendel, http://www.signonsandiego.com/news/uniontrib/sun/news/news_1n3budget.html San Diego Union-Tribune, 8/3).

Reaction

Davis said that the budget represents a "victory over Republican efforts" to reduce state health care expenditures, the Times reports. "They wanted to eliminate one million immunizations for children. We wouldn't let them. They wanted to eliminate health benefits for 400,000 children who already have had them. But we wouldn't let them," Davis said (Los Angeles Times, 8/3). Assembly Republican Leader Dave Cox (Fair Oaks) criticized the budget and said in a statement that Davis has "devastated the state's economy and left us with an unprecedented $38 billion hole" (San Diego Union-Tribune, 8/3).



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1714637687-1060235590=:85218-- From pottsbri@yahoo.com Sat Aug 9 01:50:25 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Fri, 8 Aug 2003 17:50:25 -0700 (PDT) Subject: FW: Oral Board Examiners Needed in Los Angeles Message-ID: <20030809005025.15449.qmail@web41310.mail.yahoo.com> --0-673861105-1060390225=:14993 Content-Type: text/plain; charset=us-ascii -----Original Message----- From: AAEM [mailto:info@aaem.org] Sent: Thursday, August 07, 2003 8:22 AM Subject: Oral Board Examiners Needed in Los Angeles AAEM is still in need of Oral Board Course examiners for the LA location. The course is scheduled for September 6 and 7, 2003. Please read the call for examiners below for more information. The American Academy of Emergency Medicine would like to take this opportunity to invite you to participate as an examiner at this fall's Oral Board Review Course, which will be held at the Embassy Suites in Chicago, Los Angeles, Orlando, and Philadelphia on Saturday, September 6 and Sunday September 7, 2003. AAEM will reimburse examiners for: - Up to three nights hotel stay (room & tax only) - Coach airfare to and from the course site - Necessary ground transportation to and from the course site (including shuttle, taxi fares, parking fees and personal mileage reimbursed at 36 cents per mile) If you are interested in taking part in this course, and attending the "legendary examiner dinner", please contact Helen Kopec via email at hkopec@aaem.org or by calling 800-884-2236. We look forward to hearing from you. Thank you. AAEM 611 East Wells Street Milwaukee, WI 53202 800-884-2236 Fax: 414-276-3349 E-mail: info@aaem.org Website:www.aaem.org Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-673861105-1060390225=:14993 Content-Type: text/html; charset=us-ascii

-----Original Message-----

From: AAEM [mailto:info@aaem.org]

Sent: Thursday, August 07, 2003 8:22 AM

 

Subject: Oral Board Examiners Needed in Los Angeles

 

AAEM is still in need of Oral Board Course examiners for the LA location. The course is scheduled for September 6 and 7, 2003. Please read the call for examiners below for more information.

The American Academy of Emergency Medicine would like to take this opportunity to invite you to participate as an examiner at this fall's Oral Board Review Course, which will be held at the Embassy Suites in Chicago, Los Angeles, Orlando, and Philadelphia on Saturday, September 6 and Sunday September 7, 2003.

AAEM will reimburse examiners for:

- Up to three nights hotel stay (room & tax only)

- Coach airfare to and from the course site

- Necessary ground transportation to and from the course site (including shuttle, taxi fares, parking fees and personal mileage reimbursed at 36 cents per mile)

If you are interested in taking part in this course, and attending the "legendary examiner dinner", please contact Helen Kopec via email at hkopec@aaem.org or by calling 800-884-2236.

We look forward to hearing from you. Thank you.

 

AAEM

611 East Wells Street

Milwaukee, WI 53202

800-884-2236

Fax: 414-276-3349

E-mail: info@aaem.org

Website:www.aaem.org



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-673861105-1060390225=:14993-- From pottsbri@yahoo.com Mon Aug 11 05:18:25 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Sun, 10 Aug 2003 21:18:25 -0700 (PDT) Subject: CMS NEWS: MEDICARE PROPOSES 2004 PHYSICIAN FEE SCHEDULE CHANGES Message-ID: <20030811041825.18042.qmail@web41307.mail.yahoo.com> --0-962703675-1060575505=:17870 Content-Type: text/plain; charset=us-ascii ---Original Message----- From: Ulric Wair [mailto:UWair@CMS.HHS.GOV] Sent: Friday, August 08, 2003 2:07 PM Subject: CMS NEWS: MEDICARE PROPOSES 2004 PHYSICIAN FEE SCHEDULE CHANGES MEDICARE NEWS FOR IMMEDIATE RELEASE Public Affairs Office August 8, 2003 MEDICARE PROPOSES 2004 PHYSICIAN FEE SCHEDULE CHANGES The Centers for Medicare & Medicaid Services (CMS) announced today a proposed rule that will update payment rates under the Medicare physician fee schedule for 2004, as well as revise a number of other policies affecting Medicare Part B payments under the fee schedule. The fee schedule specifies payment rates to physicians and other providers for more than 7,000 health care services and procedures, ranging from simple office visits to complex surgery. In calendar year 2004, Medicare is expected to pay approximately $48.7 billion to 900,000 physicians and other suppliers for services paid under the fee schedule, up from a projected $47.9 billion in 2003. The physician fee schedule is updated on an annual basis according to a formula specified by statute, which is designed to rein in the growth in outlays for physician services. The formula requires CMS to adjust the update up or down depending on how actual expenditures compare to a target rate, called the sustainable growth rate or SGR. The SGR in turn is calculated based on medical inflation, the projected growth in the domestic economy, projected growth in the number of beneficiaries in fee-for-service Medicare, and changes in law or regulation. Largely due to slow growth in the economy and to a significant growth in physician outlays in 2002, CMS advised the Medicare Payment Advisory Commission (MedPAC) in March that the update for 2004 would be - 4.2 percent. This projection will be updated before the final rule. "Physicians should note that while CMS is required to publish a proposed physician fee schedule rule at this time, both the House and Senate versions of Medicare legislation contain provisions that address the proposed fee schedule cuts," said CMS Administrator Tom Scully. The House bill provides that the physician fee schedule update cannot be less than 1.5 percent in 2004 and 2005. The Senate bill includes provisions calling for the enactment of legislation to prevent anticipated cuts in 2004 and 2005. Even if a law is enacted after CMS publishes a final physician fee schedule rule, the law will supersede the final rule. CMS is proposing to make several changes to the Medicare payment methodology in 2004. The proposed rule rebases and revises the Medicare Economic Index (MEI), which measures inflation in physician practice costs and general wage levels. The MEI is one of the key components used to update physician payment rates. First, CMS is proposing to change the base year used to derive the structure of costs for physician practices for the MEI from 1996 to 2000. CMS is also proposing to change the data sources, cost categories and price proxies used in the MEI. The revisions to the MEI will increase the weight given to malpractice insurance costs and will help address concerns that physicians have about rising professional liability insurance costs. CMS is also proposing to revise the geographic practice cost indices (GPCIs) applicable to the malpractice component of the fee schedule using data that is expected to be available later this summer. The proposed rule will include information about the recommendations from the Practice Expense Advisory Committee (PEAC), a multi-specialty panel of the American Medical Association that reviews items included in practice expenses for specific services. CMS's including the PEAC's recommendations in the proposed rule will enable specialty societies to assess the potential impact of the recommendations on the codes in time to provide feedback to CMS for the final rule. In an effort to improve medical care for beneficiaries with End Stage Renal Disease (ESRD), CMS is proposing to create new codes that would allow Medicare to align payment for physician oversight dialysis services with the frequency of physician visits. Medicare currently pays a composite rate to physicians for medical oversight without regard to the patient's condition or the number of times the physician sees the patient. CMS understands that physician involvement in dialysis for ESRD varies based on the patient's condition and response to dialysis, and the presence of other acute or chronic conditions. In addition, a physician's involvement with a single patient may vary from month to month. The proposed codes are intended to ensure that beneficiaries with ESRD receive the highest quality dialysis care available and that physician involvement in dialysis for ESRD patients is appropriate and consistent with the needs of the patient in any month. Other provisions in the proposed rule include: * Creation of special codes that would allow physicians to bill for a new technology that is used to monitor heart rhythms. * Revision of the payments for removing benign and malignant skin lesions to reflect the size of the excision rather than the type of lesion. CMS plans to issue a separate proposed rule addressing issues relating to the practice expenses for the administration of drugs along with changes in the payment methodology for the drugs. The proposed rule will be published in the August 15 Federal Register. CMS will accept comments on the proposals until October 7, and publish a final rule later this year. # # # Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-962703675-1060575505=:17870 Content-Type: text/html; charset=us-ascii

---Original Message-----

From: Ulric Wair [mailto:UWair@CMS.HHS.GOV]

Sent: Friday, August 08, 2003 2:07 PM

Subject: CMS NEWS: MEDICARE PROPOSES 2004 PHYSICIAN FEE SCHEDULE CHANGES

 

MEDICARE NEWS

FOR IMMEDIATE RELEASE

Public Affairs Office

August 8, 2003

 

MEDICARE PROPOSES 2004 PHYSICIAN FEE SCHEDULE CHANGES

The Centers for Medicare & Medicaid Services (CMS) announced today a proposed rule that will update payment rates under the Medicare physician fee schedule for 2004, as well as revise a number of other policies affecting Medicare Part B payments under the fee schedule. The fee schedule specifies payment rates to physicians and other providers for more than 7,000 health care services and procedures, ranging from simple office visits to complex surgery.

In calendar year 2004, Medicare is expected to pay approximately $48.7 billion to 900,000 physicians and other suppliers for services paid under the fee schedule, up from a projected $47.9 billion in 2003.

The physician fee schedule is updated on an annual basis according to a formula specified by statute, which is designed to rein in the growth in outlays for physician services. The formula requires CMS to adjust the update up or down depending on how actual expenditures compare to a target rate, called the sustainable growth rate or SGR. The SGR in turn is calculated based on medical inflation, the projected growth in the domestic economy, projected growth in the number of beneficiaries in fee-for-service Medicare, and changes in law or regulation. Largely due to slow growth in the economy and to a significant growth in physician outlays in 2002, CMS advised the Medicare Payment Advisory Commission

(MedPAC) in March that the update for 2004 would be - 4.2 percent. This projection will be updated before the final rule.

"Physicians should note that while CMS is required to publish a proposed physician fee schedule rule at this time, both the House and Senate versions of Medicare legislation contain provisions that address the proposed fee schedule cuts," said CMS Administrator Tom Scully.

The House bill provides that the physician fee schedule update cannot be less than 1.5 percent in 2004 and 2005. The Senate bill includes provisions calling for the enactment of legislation to prevent anticipated cuts in 2004 and 2005. Even if a law is enacted after CMS publishes a final physician fee schedule rule, the law will supersede the final rule.

CMS is proposing to make several changes to the Medicare payment methodology in 2004. The proposed rule rebases and revises the Medicare Economic Index (MEI), which measures inflation in physician practice costs and general wage levels. The MEI is one of the key components used to update physician payment rates. First, CMS is proposing to change the base year used to derive the structure of costs for physician practices for the MEI from 1996 to 2000. CMS is also proposing to change the data sources, cost categories and price proxies used in the MEI.

The revisions to the MEI will increase the weight given to malpractice insurance costs and will help address concerns that physicians have about rising professional liability insurance costs. CMS is also proposing to revise the geographic practice cost indices (GPCIs) applicable to the malpractice component of the fee schedule using data that is expected to be available later this summer.

The proposed rule will include information about the recommendations from the Practice Expense Advisory Committee (PEAC), a multi-specialty panel of the American Medical Association that reviews items included in practice expenses for specific services. CMS's including the PEAC's recommendations in the proposed rule will enable specialty societies to assess the potential impact of the recommendations on the codes in time to provide feedback to CMS for the final rule.

In an effort to improve medical care for beneficiaries with End Stage Renal Disease (ESRD), CMS is proposing to create new codes that would allow Medicare to align payment for physician oversight dialysis services with the frequency of physician visits. Medicare currently pays a composite rate to physicians for medical oversight without regard to the patient's condition or the number of times the physician sees the patient. CMS understands that physician involvement in dialysis for ESRD varies based on the patient's condition and response to dialysis, and the presence of other acute or chronic conditions. In addition, a physician's involvement with a single patient may vary from month to month. The proposed codes are intended to ensure that beneficiaries with ESRD receive the highest quality dialysis care available and that physician involvement in dialysis for ESRD patients is appropriate and consistent with the needs of the patient in any month.

Other provisions in the proposed rule include:

* Creation of special codes that would allow physicians to bill for a new technology that is used to monitor heart rhythms.

* Revision of the payments for removing benign and malignant skin lesions to reflect the size of the excision rather than the type of lesion.

CMS plans to issue a separate proposed rule addressing issues relating to the practice expenses for the administration of drugs along with changes in the payment methodology for the drugs.

The proposed rule will be published in the August 15 Federal Register. CMS will accept comments on the proposals until October 7, and publish a final rule later this year.

 

# # #



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-962703675-1060575505=:17870-- From pottsbri@yahoo.com Wed Aug 13 05:18:00 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Tue, 12 Aug 2003 21:18:00 -0700 (PDT) Subject: Florida Medical Malpractice Deal: $300K Cap for the ED (non-economic) Message-ID: <20030813041800.85934.qmail@web41302.mail.yahoo.com> --0-1740025812-1060748280=:85487 Content-Type: text/plain; charset=us-ascii From: EMED-L -- a list for emergency medicine practitioners. [mailto:EMED-L@ITSSRV1.UCSF.EDU] On Behalf Of Robert Broida, MD, FACEP Sent: Saturday, August 09, 2003 11:02 AM To: EMED-L@ITSSRV1.UCSF.EDU Subject: [EMED-L] Florida Medical Malpractice Deal: $300K Cap for the ED (non-economic) Florida Lawmakers Reach Medical Malpractice Deal Fri Aug 8, 2:09 PM ET By Michael Peltier TALLAHASSEE, Fla. (Reuters) - Following months of sometimes acrimonious negotiations, Florida lawmakers and Gov. Jeb Bush said on Friday they have reached agreement on sweeping medical malpractice reform. State lawmakers were expected to return next week to pass a reform plan that caps most lawsuit damages for pain and suffering at $500,000 per doctor. The plan calls for an immediate freeze on skyrocketing insurance rates that doctors say are forcing many to limit their practices or go out of business. Malpractice victims, however, would be able to sue for up to $2.5 million in the most egregious cases, such as when patients are killed or left in permanent vegetative states. That provision became the major stumbling block in negotiations. Florida currently has no such caps. "The reforms outlined in this latest proposal will protect access to care for the people of this state, which is our primary goal," Bush said in a prepared statement. "This legislation will create stability in the insurance market and provide relief for doctors." The compromise was bitterly won. Senate Republicans, especially, were under pressure after rejecting a $250,000 cap originally favored by Bush, House leaders, health care providers and the insurance industry. At one point, the Republican governor and other party members urged donors to withhold campaign contributions to Republican holdouts in the Senate and suggested other Republicans could be recruited to run against them if they did not fall in line. While most doctors would see a $500,000 cap on pain and suffering awards, the proposal provides greater protection for emergency room physicians, capping noneconomic damages at $300,000 per doctor. Shortly after Friday's announcement, the Florida Medical Association issued a statement rejecting the package, saying the caps are too high to provide insurance relief for doctors. Lawmakers had been unable to reach a deal in three special legislative sessions. The proposal freezes insurance premiums and requires companies to reset rates on Jan. 1 that reflect the new legal climate. Senate Republican leaders say the pressure to reduce rates and increase competition now falls squarely on insurance providers. "If a year from now insurance companies haven't reduced rates and provided some level of certainty for doctors, they will have committed a cruel hoax on the physicians of this state," said Senate Appropriations Chairman Ken Pruitt. Robert I. Broida, MD, FACEP ED Quality Solutions, Inc. rib@ed-qual.com 866-349-3310 www.ed-qual.com To unsubscribe, send the command "SIGNOFF EMED-L" to LISTSERV@ITSSRV1.UCSF.EDU Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1740025812-1060748280=:85487 Content-Type: text/html; charset=us-ascii

From: EMED-L -- a list for emergency medicine practitioners. [mailto:EMED-L@ITSSRV1.UCSF.EDU] On Behalf Of Robert Broida, MD, FACEP

Sent: Saturday, August 09, 2003 11:02 AM

To: EMED-L@ITSSRV1.UCSF.EDU

Subject: [EMED-L] Florida Medical Malpractice Deal: $300K Cap for the ED

(non-economic)

Florida Lawmakers Reach Medical Malpractice Deal

Fri Aug 8, 2:09 PM ET

By Michael Peltier

TALLAHASSEE, Fla. (Reuters) - Following months of sometimes acrimonious negotiations, Florida lawmakers and Gov. Jeb Bush said on Friday they have reached agreement on sweeping medical malpractice reform.

State lawmakers were expected to return next week to pass a reform plan that caps most lawsuit damages for pain and suffering at $500,000 per doctor. The plan calls for an immediate freeze on skyrocketing insurance rates that doctors say are forcing many to limit their practices or go out of business.

 

Malpractice victims, however, would be able to sue for up to $2.5 million in the most egregious cases, such as when patients are killed or left in permanent vegetative states. That provision became the major stumbling block in negotiations. Florida currently has no such caps.

"The reforms outlined in this latest proposal will protect access to care for the people of this state, which is our primary goal," Bush said in a prepared statement. "This legislation will create stability in the insurance market and provide relief for doctors."

The compromise was bitterly won. Senate Republicans, especially, were under pressure after rejecting a $250,000 cap originally favored by Bush, House leaders, health care providers and the insurance industry.

At one point, the Republican governor and other party members urged donors to withhold campaign contributions to Republican holdouts in the Senate and suggested other Republicans could be recruited to run against them if they did not fall in line.

While most doctors would see a $500,000 cap on pain and suffering awards, the proposal provides greater protection for emergency room physicians, capping noneconomic damages at $300,000 per doctor.

Shortly after Friday's announcement, the Florida Medical Association issued a statement rejecting the package, saying the caps are too high to provide insurance relief for doctors.

Lawmakers had been unable to reach a deal in three special legislative sessions.

The proposal freezes insurance premiums and requires companies to reset rates on Jan. 1 that reflect the new legal climate.

Senate Republican leaders say the pressure to reduce rates and increase competition now falls squarely on insurance providers.

"If a year from now insurance companies haven't reduced rates and provided some level of certainty for doctors, they will have committed a cruel hoax on the physicians of this state," said Senate Appropriations Chairman Ken Pruitt.

 

Robert I. Broida, MD, FACEP

ED Quality Solutions, Inc.

rib@ed-qual.com

866-349-3310

www.ed-qual.com

To unsubscribe, send the command "SIGNOFF EMED-L" to LISTSERV@ITSSRV1.UCSF.EDU



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1740025812-1060748280=:85487-- From pottsbri@yahoo.com Thu Aug 14 21:39:43 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Thu, 14 Aug 2003 13:39:43 -0700 (PDT) Subject: Written Board Review Discount Ends August 15 Message-ID: <20030814203943.89548.qmail@web41311.mail.yahoo.com> --0-700782233-1060893583=:89147 Content-Type: text/plain; charset=us-ascii -----Original Message----- From: AAEM [mailto:info@aaem.org] Sent: Tuesday, August 12, 2003 12:59 PM To: akazzi@attglobal.net Subject: Written Board Review Discount Ends August 15 Dear AAEM Member, The deadline is quickly approaching to sign up for the AAEM Written Board Review Course at the reduced rate. Register by August 15 to take advantage of the discount. Registration is available online at www.aaem.org or by phone by calling 800-884-2236. Course Date and Location: October 2-5, 2003 Embassy Suites Hotel Atlanta Airport Atlanta, Georgia The Written Board Review course is designed specifically for the recertifying physician and is also a comprehensive review of the core content for the recent graduate. CME Credit - 25.5 hours of intense review of EM board materials. Registration fees: AAEM Members - Before August 15: $675 - After August 15: $775 Non-members - Before August 15: $800 - After August 15: $900 AAEM 611 East Wells Street Milwaukee, WI 53202 800-884-2236 Fax: 414-276-3349 E-mail: info@aaem.org Website: www.aaem.org Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-700782233-1060893583=:89147 Content-Type: text/html; charset=us-ascii

-----Original Message-----

From: AAEM [mailto:info@aaem.org]

Sent: Tuesday, August 12, 2003 12:59 PM

To: akazzi@attglobal.net

Subject: Written Board Review Discount Ends August 15

 

Dear AAEM Member,

The deadline is quickly approaching to sign up for the AAEM Written Board Review Course at the reduced rate. Register by August 15 to take advantage of the discount. Registration is available online at www.aaem.org or by phone by calling 800-884-2236.

Course Date and Location:

October 2-5, 2003

Embassy Suites Hotel

Atlanta Airport

Atlanta, Georgia

The Written Board Review course is designed specifically for the recertifying physician and is also a comprehensive review of the core content for the recent graduate.

CME Credit - 25.5 hours of intense review of EM board materials.

Registration fees:

AAEM Members - Before August 15: $675 - After August 15: $775 Non-members - Before August 15: $800 - After August 15: $900

 

AAEM

611 East Wells Street

Milwaukee, WI 53202

800-884-2236

Fax: 414-276-3349

E-mail: info@aaem.org

Website: www.aaem.org



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-700782233-1060893583=:89147-- From pottsbri@yahoo.com Mon Aug 18 08:21:59 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Mon, 18 Aug 2003 00:21:59 -0700 (PDT) Subject: NYT: New Therapies Pose Quandary for Medicare Message-ID: <20030818072159.12744.qmail@web41303.mail.yahoo.com> --0-51670292-1061191319=:11606 Content-Type: text/plain; charset=us-ascii -----Original Message----- From: Paul Windham --------------------------------- August 17, 2003New Therapies Pose Quandary for MedicareBy GINA KOLATA he federal Medicare program is expected to decide this week whether to pay for an aggressive and expensive lung operation that could offer a lifeline to tens of thousands of elderly patients. But health economists and medical experts say the treatment, however alluring, is part of an unsettling trend: new and ever pricier treatments for common medical conditions that are part and parcel of aging — procedures that could potentially benefit tens of thousands of patients, at a total cost that would far exceed the kind of prescription drug benefit now being considered by Congress. The questions, these experts say, are how much Medicare can or should pay, and whether cost-effectiveness should enter into the decisions. The procedure under consideration this week is an operation for people with severe emphysema, whose lungs are so scarred that they are constantly out of breath. In keeping with its policies, the government's Center for Medicare and Medicaid Services has consulted with medical experts and professional societies and says it expects to issue its decision as early as tomorrow. The story of the operation, health economists say, is a case study of the troubling and thorny questions that Medicare administrators face as they try to live within the constraints of the $267.8 billion-a-year federal program. Some say the operation can transform patients' lives. "If your parents had this condition, you would seek this operation for them," said Dr. Joel Cooper, a lung surgeon at Washington University in St. Louis who developed the operation. Others point to a recent study indicating that its benefits are modest, at best. But all agree that the patients are severely ill, with no other options. And all agree that the operation is expensive. A recent analysis showed that patients who had the operation had medical bills averaging nearly $63,000 the first year, compared with $13,000 for similar patients who had not had it. Estimates of the number of potential patients vary from 1 percent to 15 percent of the nation's two million emphysema patients, or as many as 300,000 people, at a total cost of $1 billion to $15 billion. For now, said Dr. Sean Tunis, the chief medical officer at the Center for Medicare and Medicaid Services, "nobody has a good estimate on how big this population of patients is." Complicating the issue are other similarly expensive procedures that are on the horizon or have been approved recently. For example, Medicare is to decide next month on devices for patients with congestive heart failure, whose hearts are so damaged they can barely pump. The devices, known as L.V.A.D.'s, for left ventricular assist devices, can help failing hearts pump. Dr. Annetine Gelijins and Dr. Alan Moscowitz of Columbia University, who did an economic analysis, said they expected about 5,000 Medicare patients a year to get the devices at first, but that as many as 60,000 have heart damage so severe that they might need them. At $60,000 per device, and with an additional $150,000 in hospitalization charges, the price for L.V.A.D.'s could range from $1.05 billion to $12.6 billion a year. A recent clinical trial involving very sick people indicated that the devices were effective. But Dr. Alan Garber, a physician and economist at Stanford University, said the question was not whether they worked. "The big question is, `In whom else does it work?' " he said. "The people in the trial had extraordinarily severe congestive heart failure and were being kept alive in intensive care units. That's the tip of the iceberg in congestive heart failure." "We seem to be getting new technologies that are effective for common conditions, like congestive heart failure, like emphysema," he went on. "If you are talking about a treatment for a rare genetic disorder that affected 500 or even 1,000 patients a year it would not make much difference. But in the case of L.V.A.D.'s, or with lung volume reduction surgery, the potential number who will get it is quite large so it will force the issue. How are we going to make it available to Medicare beneficiaries without wrecking the Medicare budget?" Dr. Tunis, of the Medicare services center, says he understood that the costs of new technologies can be staggering. But he adds that cost has traditionally not been a consideration in deciding what to cover. "If the technology was effective, we would find a way to pay for it," he said. "There is no dollar value per life per year at which Medicare would decline to pay." But costs are mounting. The agency just approved implantable defibrillators, which can shock a failing heart, preventing sudden death. They cost $30,000 per patient. Medicare restricted the devices to patients with specific patterns of disease, denying payment for them to about half of the million or more patients who could benefit, according to a large study. But now it is under intense pressure from doctors, patients and professional societies to expand its coverage to all those who met the study's criteria. Then there are coated stents, tiny cages coated with drugs to prop open arteries and prevent the blood vessels from closing again. Each costs $3,200, compared with about $1,000 for the older, uncoated stents. The million patients a year who get stents typically get more than one, with some getting four or five, said Dr. David Hillis, an interventional cardiologist at the University of Texas Southwestern School of Medicine, who called the increased use of defibrillators and coated stents "a good way to bust the budget wide open." Medical experts say that in addition to the legitimate costs of each of these procedures, they fear technology creep — an increasing use of expensive procedures to wider and wider groups of patients, many of whom may not benefit and may even be harmed. "I think it is huge, I think it is pervasive. And it is a major driver in Medicare's cost growth," said Dr. Scott Ramsey, a health economist at the University of Washington who analyzed the cost of lung volume reduction surgery. "The reason Medicare is cutting payments to doctors is that its expenses for technology are expanding so fast." The emphysema operation, lung volume reduction surgery, sneaked up on Medicare about a decade ago. Medicare never agreed to pay for the procedure. But unbeknownst to the agency, pay it did. "None of the contractors in the Medicare system was aware that the operation was becoming more popular until it began being reported in journals," Dr. Tunis said. In 1996, Medicare learned that it had paid for 3,000 patients and the numbers were growing fast. But there was a 17 percent mortality rate and no good evidence that the operation worked. In response, the federal government started a clinical trial involving 1,218 patients. Medicare would pay for the operation only if patients participated in the trial, and if they joined the trial there was a 50 percent chance that they would be assigned to a control group that did not get the operation. Dr. Tunis says the outcome of the trial will determine whether Medicare will cover the operation. But Dr. Ramsey, the University of Washington health economist, said the agency never stopped to consider "what would happen if the trial came out with uncertain results." The data, published in May, were not quite the ringing endorsement that many had hoped for. The study found a subgroup that seemed to benefit — patients with emphysema located mostly in the upper lobes of their lungs and little ability to exercise. They survived longer and could exercise more after they had the operation. But that is not rigorous evidence, since any set of data will include small subgroups that benefit and others that are harmed. In evaluating trials of new drugs and procedures, the Food and Drug Administration does not accept such subgroup analyses, requiring a second trial for the subgroup that may benefit. But a second trial of the lung operation is unlikely, many medical experts said. The first one was so controversial that some doctors would not participate, saying it would be unfair to their patients to deny them the surgery if they fell into the control group. "We felt it was not possible for us to look a patient in the eye and say, `We honestly don't know whether you are better off with this operation or without it,' " said Dr. Cooper of Washington University. He encouraged his Medicare patients to sue. "I went to court 28 times and won 28 cases," he said. While some, like Dr. Ramsey, say that the clinical trial's results were far from a ringing endorsement of the operation, many lung surgeons disagree, saying that for the 25 percent of patients in the subgroup, the operation was a huge success. Dr. Barry Make, who directs the emphysema program at the National Jewish Medical and Research Center in Denver, was struck by the survival benefit in the subgroup. "That result is stupendous," Dr. Make said, adding that many patients also felt better. Dr. Ramsey and others worry that if Medicare approves the operation for the restricted group of patients like those in the subgroup, technology creep may lead to many more having the surgery. Seventy percent of the nation's estimated two million emphysema patients have upper lobe damage. How will Medicare know whether a particular patient also has poor exercise capacity? Dr. Cooper says the solution is to restrict the operation to a few centers of excellence where experienced surgeons will assess patients and decide who should have the operation. Dr. Tunis agreed but said there were limits to how much policing Medicare could do, or wanted to do. "We don't have a direct way of enforcing compliance with coverage, particularly in patient selection criteria," he said. "It's sort of an honor system. But a lot of these patient characteristics are somewhat subjective or qualitative." And that, says Dr. Garber, is almost guaranteed to lead to overuse. There is pressure from patients, doctors and hospitals to cover expensive new procedures, even if their benefits are modest. And that is understandable, Dr. Garber said. "If you the patient are insulated against the cost consequences of your decision, why not get the latest and greatest?" But, he added, there is a price to be paid. One solution would be to greatly increase Medicare's budget. But that would mean tax increases. Another would be for Medicare to consider cost-effectiveness, rather than just effectiveness. But, Dr. Tunis said, every time that has been proposed, the agency has had to back down. "This is the fundamental problem hidden behind the broader discussions of health care reform," Dr. Tunis said. "At the end of the day, somebody has to make the decisions one at a time about what people are going to get. But the reality is that we can't afford to pay for absolutely everything that provides some benefit." So, Dr. Garber said, "Medicare is in a bind." "The real question," he said, is "how can we inform the public better that, when they want to have access to health care, someone will pay and it will be them?" Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-51670292-1061191319=:11606 Content-Type: text/html; charset=us-ascii
-----Original Message-----
From: Paul Windham

 
The New York Times

August 17, 2003

New Therapies Pose Quandary for Medicare

By GINA KOLATA

The federal Medicare program is expected to decide this week whether to pay for an aggressive and expensive lung operation that could offer a lifeline to tens of thousands of elderly patients.

But health economists and medical experts say the treatment, however alluring, is part of an unsettling trend: new and ever pricier treatments for common medical conditions that are part and parcel of aging — procedures that could potentially benefit tens of thousands of patients, at a total cost that would far exceed the kind of prescription drug benefit now being considered by Congress.

The questions, these experts say, are how much Medicare can or should pay, and whether cost-effectiveness should enter into the decisions.

The procedure under consideration this week is an operation for people with severe emphysema, whose lungs are so scarred that they are constantly out of breath. In keeping with its policies, the government's Center for Medicare and Medicaid Services has consulted with medical experts and professional societies and says it expects to issue its decision as early as tomorrow.

The story of the operation, health economists say, is a case study of the troubling and thorny questions that Medicare administrators face as they try to live within the constraints of the $267.8 billion-a-year federal program.

Some say the operation can transform patients' lives.

"If your parents had this condition, you would seek this operation for them," said Dr. Joel Cooper, a lung surgeon at Washington University in St. Louis who developed the operation. Others point to a recent study indicating that its benefits are modest, at best.

But all agree that the patients are severely ill, with no other options. And all agree that the operation is expensive. A recent analysis showed that patients who had the operation had medical bills averaging nearly $63,000 the first year, compared with $13,000 for similar patients who had not had it.

Estimates of the number of potential patients vary from 1 percent to 15 percent of the nation's two million emphysema patients, or as many as 300,000 people, at a total cost of $1 billion to $15 billion.

For now, said Dr. Sean Tunis, the chief medical officer at the Center for Medicare and Medicaid Services, "nobody has a good estimate on how big this population of patients is."

Complicating the issue are other similarly expensive procedures that are on the horizon or have been approved recently. For example, Medicare is to decide next month on devices for patients with congestive heart failure, whose hearts are so damaged they can barely pump.

The devices, known as L.V.A.D.'s, for left ventricular assist devices, can help failing hearts pump. Dr. Annetine Gelijins and Dr. Alan Moscowitz of Columbia University, who did an economic analysis, said they expected about 5,000 Medicare patients a year to get the devices at first, but that as many as 60,000 have heart damage so severe that they might need them.

At $60,000 per device, and with an additional $150,000 in hospitalization charges, the price for L.V.A.D.'s could range from $1.05 billion to $12.6 billion a year.

A recent clinical trial involving very sick people indicated that the devices were effective. But Dr. Alan Garber, a physician and economist at Stanford University, said the question was not whether they worked.

"The big question is, `In whom else does it work?' " he said. "The people in the trial had extraordinarily severe congestive heart failure and were being kept alive in intensive care units. That's the tip of the iceberg in congestive heart failure."

"We seem to be getting new technologies that are effective for common conditions, like congestive heart failure, like emphysema," he went on. "If you are talking about a treatment for a rare genetic disorder that affected 500 or even 1,000 patients a year it would not make much difference. But in the case of L.V.A.D.'s, or with lung volume reduction surgery, the potential number who will get it is quite large so it will force the issue. How are we going to make it available to Medicare beneficiaries without wrecking the Medicare budget?"

Dr. Tunis, of the Medicare services center, says he understood that the costs of new technologies can be staggering. But he adds that cost has traditionally not been a consideration in deciding what to cover.

"If the technology was effective, we would find a way to pay for it," he said. "There is no dollar value per life per year at which Medicare would decline to pay."

But costs are mounting.

The agency just approved implantable defibrillators, which can shock a failing heart, preventing sudden death. They cost $30,000 per patient.

Medicare restricted the devices to patients with specific patterns of disease, denying payment for them to about half of the million or more patients who could benefit, according to a large study. But now it is under intense pressure from doctors, patients and professional societies to expand its coverage to all those who met the study's criteria.

Then there are coated stents, tiny cages coated with drugs to prop open arteries and prevent the blood vessels from closing again. Each costs $3,200, compared with about $1,000 for the older, uncoated stents.

The million patients a year who get stents typically get more than one, with some getting four or five, said Dr. David Hillis, an interventional cardiologist at the University of Texas Southwestern School of Medicine, who called the increased use of defibrillators and coated stents "a good way to bust the budget wide open."

Medical experts say that in addition to the legitimate costs of each of these procedures, they fear technology creep — an increasing use of expensive procedures to wider and wider groups of patients, many of whom may not benefit and may even be harmed.

"I think it is huge, I think it is pervasive. And it is a major driver in Medicare's cost growth," said Dr. Scott Ramsey, a health economist at the University of Washington who analyzed the cost of lung volume reduction surgery. "The reason Medicare is cutting payments to doctors is that its expenses for technology are expanding so fast."

The emphysema operation, lung volume reduction surgery, sneaked up on Medicare about a decade ago.

Medicare never agreed to pay for the procedure. But unbeknownst to the agency, pay it did.

"None of the contractors in the Medicare system was aware that the operation was becoming more popular until it began being reported in journals," Dr. Tunis said.

In 1996, Medicare learned that it had paid for 3,000 patients and the numbers were growing fast. But there was a 17 percent mortality rate and no good evidence that the operation worked.

In response, the federal government started a clinical trial involving 1,218 patients. Medicare would pay for the operation only if patients participated in the trial, and if they joined the trial there was a 50 percent chance that they would be assigned to a control group that did not get the operation.

Dr. Tunis says the outcome of the trial will determine whether Medicare will cover the operation. But Dr. Ramsey, the University of Washington health economist, said the agency never stopped to consider "what would happen if the trial came out with uncertain results."

The data, published in May, were not quite the ringing endorsement that many had hoped for.

The study found a subgroup that seemed to benefit — patients with emphysema located mostly in the upper lobes of their lungs and little ability to exercise. They survived longer and could exercise more after they had the operation.

But that is not rigorous evidence, since any set of data will include small subgroups that benefit and others that are harmed. In evaluating trials of new drugs and procedures, the Food and Drug Administration does not accept such subgroup analyses, requiring a second trial for the subgroup that may benefit.

But a second trial of the lung operation is unlikely, many medical experts said. The first one was so controversial that some doctors would not participate, saying it would be unfair to their patients to deny them the surgery if they fell into the control group.

"We felt it was not possible for us to look a patient in the eye and say, `We honestly don't know whether you are better off with this operation or without it,' " said Dr. Cooper of Washington University. He encouraged his Medicare patients to sue. "I went to court 28 times and won 28 cases," he said.

While some, like Dr. Ramsey, say that the clinical trial's results were far from a ringing endorsement of the operation, many lung surgeons disagree, saying that for the 25 percent of patients in the subgroup, the operation was a huge success.

Dr. Barry Make, who directs the emphysema program at the National Jewish Medical and Research Center in Denver, was struck by the survival benefit in the subgroup. "That result is stupendous," Dr. Make said, adding that many patients also felt better.

Dr. Ramsey and others worry that if Medicare approves the operation for the restricted group of patients like those in the subgroup, technology creep may lead to many more having the surgery.

Seventy percent of the nation's estimated two million emphysema patients have upper lobe damage. How will Medicare know whether a particular patient also has poor exercise capacity?

Dr. Cooper says the solution is to restrict the operation to a few centers of excellence where experienced surgeons will assess patients and decide who should have the operation.

Dr. Tunis agreed but said there were limits to how much policing Medicare could do, or wanted to do.

"We don't have a direct way of enforcing compliance with coverage, particularly in patient selection criteria," he said. "It's sort of an honor system. But a lot of these patient characteristics are somewhat subjective or qualitative."

And that, says Dr. Garber, is almost guaranteed to lead to overuse.

There is pressure from patients, doctors and hospitals to cover expensive new procedures, even if their benefits are modest. And that is understandable, Dr. Garber said. "If you the patient are insulated against the cost consequences of your decision, why not get the latest and greatest?" But, he added, there is a price to be paid.

One solution would be to greatly increase Medicare's budget. But that would mean tax increases. Another would be for Medicare to consider cost-effectiveness, rather than just effectiveness. But, Dr. Tunis said, every time that has been proposed, the agency has had to back down.

"This is the fundamental problem hidden behind the broader discussions of health care reform," Dr. Tunis said. "At the end of the day, somebody has to make the decisions one at a time about what people are going to get. But the reality is that we can't afford to pay for absolutely everything that provides some benefit."

So, Dr. Garber said, "Medicare is in a bind."

"The real question," he said, is "how can we inform the public better that, when they want to have access to health care, someone will pay and it will be them?"



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


Do you Yahoo!?
Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-51670292-1061191319=:11606-- From pottsbri@yahoo.com Wed Aug 20 18:56:00 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Wed, 20 Aug 2003 10:56:00 -0700 (PDT) Subject: NYT: Medical Establishment Hopes to Thwart Residents' Lawsuit Message-ID: <20030820175600.29603.qmail@web41301.mail.yahoo.com> --0-1375902213-1061402160=:29098 Content-Type: text/plain; charset=us-ascii --------------------------------- August 18, 2003Medical Establishment Hopes to Thwart Residents' LawsuitBy NEIL A. LEWIS ASHINGTON, Aug. 17 — The nation's medical establishment has grown increasingly anxious about an antitrust suit contending that residents are forced to participate in a system that ensures they work long hours and receive low pay. Medical schools and teaching hospitals, the principal defendants, are so worried that in recent weeks they have asked their allies in the Senate to enact legislation that would derail the suit, inoculating them from damages that might otherwise run into the hundreds of millions of dollars. The defendants maintain that the suit, filed by several young doctors, has no merit, and express confidence that they would prevail in court. But they are clearly troubled by the possibility the suit could upend the decades-old system of medical residents' selection and deployment around the country. The defendants have also hired lobbyists with previous connections to two senators who have been most directly involved in the effort to introduce such legislation: Hillary Rodham Clinton of New York and Edward M. Kennedy of Massachusetts, both Democrats. At issue is the National Resident Matching Program, known in medical circles as the Match. Every March, a computer determines where new graduates of medical schools will spend the next several years as residents, gaining experience and honing their skills. More than 80 percent of first-year residency positions are offered exclusively through the program, which is based on rankings submitted both by hospitals, which list the graduates they want, and the 15,000 or so graduates, who list the hospitals they prefer. Both sides agree in advance to accept the pairing. The suit contends that the Match keeps salaries artificially low — the annual pay for residents is about $40,000 and varies only marginally regardless of region or speciality — and crushes any competition that might force teaching hospitals to offer better conditions like shorter working hours. The industry's defense of that system has long been that a residency is not a job per se but instead a continuation of medical education in which the resident ought to be entirely immersed. Though no legislation has yet been introduced, one version the defendants are seeking would exempt the Match from private antitrust suits, effectively ending the case. Dr. Jordan J. Cohen, president of the Association of American Medical Colleges, which helps run the Match, said the effort to get Congressional help was important. "It's precisely because the suit has no merit that we are going this route," Dr. Cohen said in an interview. Otherwise, he said, the case may not be resolved for two or three years, and "the resources that are going into the defense of this lawsuit are enormous." A law declaring that the matching system is legal, he said, would dispel "the cloud that has been hanging over the Match." If some hospitals, fearing liability, instead withdraw from the program, the uncoordinated system that existed before the Match was adopted nearly 50 years ago could be resurrected, creating what the industry describes as a kind of chaos. Dr. Herbert Pardes, president of New York Presbyterian Hospital, said he was surprised and dismayed that some young doctors had sued. "This system has worked very well for some 50 years," Dr. Pardes said. "It has enabled medical students to get the best possible residency choice." He added that medical school graduates were most interested in the quality of the program they were matched with and that issues like compensation, although important, were secondary. But the lead plaintiff, Dr. Paul Jung, now a medical officer with the Food and Drug Administration, says he is convinced that the Match "is the linchpin" that allows hospitals to require residents to work 80 to 100 hours a week for low salaries. "What the defendants are trying to do is to subvert the whole judicial process by going through the backdoor, using their friends in Congress to find a way out of this lawsuit," Dr. Jung said. "We want our day in court." Senator Charles E. Schumer, Democrat of New York, who has also been involved in discussions about legislation granting the Match an antitrust exemption, said: "This is not a black-hat-versus-white-hat issue. Medical residents and interns who work hard, and medical schools and teaching hospitals who provide a lot of care for poor people, are both good forces in our society. We need to figure out a way to be fair here." A spokeswoman for Senator Kennedy said he thought that the Match had been crucial to producing "the best physicians in the world" and that "if the Match is in jeopardy, Congress has to protect it in a way that meets the needs of both teaching hospitals and medical students." The suit, brought in May 2002, is before Paul L. Friedman, a federal district judge in Washington, who has not ruled on the defendants' motions to dismiss. Lawyers for the plaintiffs are trying to have the suit made a class action, meaning that it would apply to any person who graduated from medical school in the four years before it was filed, four years being the maximum under the statute of limitations for antitrust violations. The defendants have hired Jeffrey Blattner and Carolyn Osolinik, two former senior staff lawyers for Mr. Kennedy. They both were counsel on the Senate Judiciary Committee, which handles antitrust legislation, and Mr. Blattner, an antitrust expert, was special counsel to the Justice Department in the government's suit against Microsoft. A senior Senate aide said in reference to those people that the medical schools had an advantage in pressing their case because they were "heavily lobbied up." Though it is not uncommon for Congress to be asked for an antitrust exemption, the lawmakers rarely comply. "At any given time, someone is asking Congress for an exemption," said one antitrust expert, Prof. Robert Pitofsky of the Georgetown University Law Center. "But relatively few are granted, and a lot depends on the political clout of the group seeking the exemption and the merits of the case." It is even more rare for Congress to intervene once litigation is under way, though it did so in 1995 to protect charities that were being sued for colluding in setting rates on donated annuities. Sherman Marek, a Chicago lawyer representing the plaintiffs, said he conceived of the suit when he was representing some young doctors in an unrelated matter and learned of their long hours and low pay. "It's no secret to residents that they were being mistreated," Mr. Marek said. "Sometimes it takes a lawyer to educate people about a legal right." Copyright 2003 The New York Times Company | Home | Privacy Policy | Search | Corrections | Help | Back to Top Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1375902213-1061402160=:29098 Content-Type: text/html; charset=us-ascii
The New York Times

August 18, 2003

Medical Establishment Hopes to Thwart Residents' Lawsuit

By NEIL A. LEWIS

WASHINGTON, Aug. 17 — The nation's medical establishment has grown increasingly anxious about an antitrust suit contending that residents are forced to participate in a system that ensures they work long hours and receive low pay.

Medical schools and teaching hospitals, the principal defendants, are so worried that in recent weeks they have asked their allies in the Senate to enact legislation that would derail the suit, inoculating them from damages that might otherwise run into the hundreds of millions of dollars.

The defendants maintain that the suit, filed by several young doctors, has no merit, and express confidence that they would prevail in court. But they are clearly troubled by the possibility the suit could upend the decades-old system of medical residents' selection and deployment around the country.

The defendants have also hired lobbyists with previous connections to two senators who have been most directly involved in the effort to introduce such legislation: Hillary Rodham Clinton of New York and Edward M. Kennedy of Massachusetts, both Democrats.

At issue is the National Resident Matching Program, known in medical circles as the Match. Every March, a computer determines where new graduates of medical schools will spend the next several years as residents, gaining experience and honing their skills.

More than 80 percent of first-year residency positions are offered exclusively through the program, which is based on rankings submitted both by hospitals, which list the graduates they want, and the 15,000 or so graduates, who list the hospitals they prefer. Both sides agree in advance to accept the pairing.

The suit contends that the Match keeps salaries artificially low — the annual pay for residents is about $40,000 and varies only marginally regardless of region or speciality — and crushes any competition that might force teaching hospitals to offer better conditions like shorter working hours. The industry's defense of that system has long been that a residency is not a job per se but instead a continuation of medical education in which the resident ought to be entirely immersed.

Though no legislation has yet been introduced, one version the defendants are seeking would exempt the Match from private antitrust suits, effectively ending the case.

Dr. Jordan J. Cohen, president of the Association of American Medical Colleges, which helps run the Match, said the effort to get Congressional help was important.

"It's precisely because the suit has no merit that we are going this route," Dr. Cohen said in an interview. Otherwise, he said, the case may not be resolved for two or three years, and "the resources that are going into the defense of this lawsuit are enormous."

A law declaring that the matching system is legal, he said, would dispel "the cloud that has been hanging over the Match." If some hospitals, fearing liability, instead withdraw from the program, the uncoordinated system that existed before the Match was adopted nearly 50 years ago could be resurrected, creating what the industry describes as a kind of chaos.

Dr. Herbert Pardes, president of New York Presbyterian Hospital, said he was surprised and dismayed that some young doctors had sued.

"This system has worked very well for some 50 years," Dr. Pardes said. "It has enabled medical students to get the best possible residency choice."

He added that medical school graduates were most interested in the quality of the program they were matched with and that issues like compensation, although important, were secondary.

But the lead plaintiff, Dr. Paul Jung, now a medical officer with the Food and Drug Administration, says he is convinced that the Match "is the linchpin" that allows hospitals to require residents to work 80 to 100 hours a week for low salaries.

"What the defendants are trying to do is to subvert the whole judicial process by going through the backdoor, using their friends in Congress to find a way out of this lawsuit," Dr. Jung said. "We want our day in court."

Senator Charles E. Schumer, Democrat of New York, who has also been involved in discussions about legislation granting the Match an antitrust exemption, said: "This is not a black-hat-versus-white-hat issue. Medical residents and interns who work hard, and medical schools and teaching hospitals who provide a lot of care for poor people, are both good forces in our society. We need to figure out a way to be fair here."

A spokeswoman for Senator Kennedy said he thought that the Match had been crucial to producing "the best physicians in the world" and that "if the Match is in jeopardy, Congress has to protect it in a way that meets the needs of both teaching hospitals and medical students."

The suit, brought in May 2002, is before Paul L. Friedman, a federal district judge in Washington, who has not ruled on the defendants' motions to dismiss.

Lawyers for the plaintiffs are trying to have the suit made a class action, meaning that it would apply to any person who graduated from medical school in the four years before it was filed, four years being the maximum under the statute of limitations for antitrust violations.

The defendants have hired Jeffrey Blattner and Carolyn Osolinik, two former senior staff lawyers for Mr. Kennedy. They both were counsel on the Senate Judiciary Committee, which handles antitrust legislation, and Mr. Blattner, an antitrust expert, was special counsel to the Justice Department in the government's suit against Microsoft.

A senior Senate aide said in reference to those people that the medical schools had an advantage in pressing their case because they were "heavily lobbied up." Though it is not uncommon for Congress to be asked for an antitrust exemption, the lawmakers rarely comply.

"At any given time, someone is asking Congress for an exemption," said one antitrust expert, Prof. Robert Pitofsky of the Georgetown University Law Center. "But relatively few are granted, and a lot depends on the political clout of the group seeking the exemption and the merits of the case."

It is even more rare for Congress to intervene once litigation is under way, though it did so in 1995 to protect charities that were being sued for colluding in setting rates on donated annuities.

Sherman Marek, a Chicago lawyer representing the plaintiffs, said he conceived of the suit when he was representing some young doctors in an unrelated matter and learned of their long hours and low pay.

"It's no secret to residents that they were being mistreated," Mr. Marek said. "Sometimes it takes a lawyer to educate people about a legal right."


Copyright 2003 The New York Times Company | Home | Privacy Policy | Search | Corrections | Help | Back to Top


Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


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Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1375902213-1061402160=:29098-- From pottsbri@yahoo.com Thu Aug 21 14:28:09 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Thu, 21 Aug 2003 06:28:09 -0700 (PDT) Subject: Subject: Palmisano to be Scientific Assembly Keynote Speaker Message-ID: <20030821132809.75332.qmail@web41308.mail.yahoo.com> --0-1479971888-1061472489=:75009 Content-Type: text/plain; charset=us-ascii -----Original Message----- From: AAEM [mailto:info@aaem.org] Sent: Wednesday, August 20, 2003 7:27 AM Subject: Palmisano to be Scientific Assembly Keynote Speaker AAEM Update on the Scientific Assembly: Hopefully you are making plans to join AAEM at the next Scientific Assembly February 20-22, 2004 at the Marriott Biscayne Bay in Miami. Remember, registration is free for all AAEM members. Thanks to the hard work of our education committee we have secured a great keynote speaker, Dr. Donald Palmisano, the President of the American Medical Association. Dr. Palmisano has been at the fore of the medical professions efforts regarding the liability crisis in the past year. It is certain that he will be an engaging speaker. A general and vascular surgeon, Donald Palmisano is the 158th president of the nation's largest advocate for physicians and patients. Palmisano took the post in June 2003, after a year-long term as president-elect. Palmisano has held positions within the organization since 1996, when he was first elected to the AMA's board of trustees. Palmisano has been a member of the organization's executive committee since 1999 and served as AMA secretary-treasurer in 2001. A 1963 graduate of Tulane University School of Medicine, Palmisano completed a surgical residency at Tulane and Charity Hospital in New Orleans. He then entered the U.S. Air Force, where he served as chief of surgery for the 821st Medical Group. Driven by his interest in medical liability reform, Dr. Palmisano also obtained a juris doctorate from Loyola University School of Law in 1982. He is licensed to practice law in Louisiana. Dr. Palmisano is a clinical professor of surgery and clinical professor of medical jurisprudence at Tulane University School of Medicine. He is board-certified in surgery and is a fellow of the American College of Surgeons. He is also an honorary fellow of the American Psychiatric Association and a member of Alpha Omega Alpha Honor Medical Society. Palmisano holds appointments to the Litigation Center of the AMA and State Medical Societies, the Board of Directors of the National Patient Safety Foundation and the National Advisory Council of the Annenberg Center for Health Sciences. Palmisano has spoken out on behalf of physicians before Congress and the national media. In 2000, the Department of Defense named Palmisano one of 60 U.S. "opinion leaders" to participate in the Joint Civilian Orientation Conference. In August 2001, Palmisano was selected by an editorial board of physicians as one of New Orleans' top doctors. Palmisano and his wife, Robin Spencer Palmisano, a health care attorney, live in Louisiana. You can hear him talk at: http://www.npr.org/programs/npc/2003/030709.dpalmisano.html by clicking on the Speaker icon. Joe Lex, MD, FAAEM Chair, Education Committee American Academy of Emergency Medicine AAEM 611 East Wells Street Milwaukee, WI 53202 800-884-2236 Fax: 414-276-3349 E-mail: info@aaem.org Website: www.aaem.org Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1479971888-1061472489=:75009 Content-Type: text/html; charset=us-ascii

-----Original Message-----

From: AAEM [mailto:info@aaem.org]

Sent: Wednesday, August 20, 2003 7:27 AM

Subject: Palmisano to be Scientific Assembly Keynote Speaker

 

AAEM Update on the Scientific Assembly:

Hopefully you are making plans to join AAEM at the next Scientific Assembly February 20-22, 2004 at the Marriott Biscayne Bay in Miami. Remember, registration is free for all AAEM members. Thanks to the hard work of our education committee we have secured a great keynote speaker, Dr. Donald Palmisano, the President of the American Medical Association. Dr. Palmisano has been at the fore of the medical professions efforts regarding the liability crisis in the past year. It is certain that he will be an engaging speaker.

A general and vascular surgeon, Donald Palmisano is the 158th president of the nation's largest advocate for physicians and patients. Palmisano took the post in June 2003, after a year-long term as president-elect.

Palmisano has held positions within the organization since 1996, when he was first elected to the AMA's board of trustees. Palmisano has been a member of the organization's executive committee since 1999 and served as AMA secretary-treasurer in 2001.

A 1963 graduate of Tulane University School of Medicine, Palmisano completed a surgical residency at Tulane and Charity Hospital in New Orleans. He then entered the U.S. Air Force, where he served as chief of surgery for the 821st Medical Group. Driven by his interest in medical liability reform, Dr. Palmisano also obtained a juris doctorate from Loyola University School of Law in 1982. He is licensed to practice law in Louisiana.

Dr. Palmisano is a clinical professor of surgery and clinical professor of medical jurisprudence at Tulane University School of Medicine. He is board-certified in surgery and is a fellow of the American College of Surgeons. He is also an honorary fellow of the American Psychiatric Association and a member of Alpha Omega Alpha Honor Medical Society. Palmisano holds appointments to the Litigation Center of the AMA and State Medical Societies, the Board of Directors of the National Patient Safety Foundation and the National Advisory Council of the Annenberg Center for Health Sciences.

Palmisano has spoken out on behalf of physicians before Congress and the national media. In 2000, the Department of Defense named Palmisano one of 60 U.S. "opinion leaders" to participate in the Joint Civilian Orientation Conference. In August 2001, Palmisano was selected by an editorial board of physicians as one of New Orleans' top doctors.

Palmisano and his wife, Robin Spencer Palmisano, a health care attorney, live in Louisiana.

You can hear him talk at: http://www.npr.org/programs/npc/2003/030709.dpalmisano.html

by clicking on the Speaker icon.

Joe Lex, MD, FAAEM

Chair, Education Committee

American Academy of Emergency Medicine

 

AAEM

611 East Wells Street

Milwaukee, WI 53202

800-884-2236

Fax: 414-276-3349

E-mail: info@aaem.org

Website: www.aaem.org



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


Do you Yahoo!?
Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1479971888-1061472489=:75009-- From pottsbri@yahoo.com Sat Aug 23 08:19:21 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Sat, 23 Aug 2003 00:19:21 -0700 (PDT) Subject: NYT: Governors Unite to Urge Shifting Costs of Medicaid Message-ID: <20030823071921.78098.qmail@web41303.mail.yahoo.com> --0-720297684-1061623161=:77896 Content-Type: text/plain; charset=us-ascii --------------------------------- August 18, 2003Governors Unite to Urge Shifting Costs of MedicaidBy MICHAEL JANOFSKY NDIANAPOLIS, Aug. 17 — Nothing concerns state governors more these days than their state budgets, and nothing is driving their deficits deeper, they say, than rising Medicaid costs. With only three states showing a budget surplus, all 50 governors have lined up in a rare show of unity to support a provision of the House prescription drug bill that would shift as much as $7 billion in costs to the federal government to cover more than six million people known as "dual eligibles." The title refers to people who qualify for prescription coverage under both Medicare, the federal program for the elderly, and Medicaid, the federal-state partnership for the poor. Under a competing Senate bill, the costs for those six million people would be shared by Washington and the states, creating the possibility of different benefits in different states. This approach, the governors say, would certainly lead to cuts in other vital programs to offset the prescription costs. The two bills are headed for conference where negotiators are expected to work out differences after Congress returns next month from its summer recess. "This is the highest priority of governors at this juncture of Congressional issues," Gov. Paul E. Patton of Kentucky, a Democrat and chairman of the National Governors Association, said today at the association's summer meetings, where governors were drumming up support for the House provision. "Seldom do we operate in unanimity, but on this issue, all 50 governors are united." The governors' campaign for the House approach to drug coverage began two weeks ago with a letter to Representative Bill Thomas, Republican of California and chairman of the Ways and Means Committee, urging him "to give special attention" to the impact of the bill on those who would be affected. All 50 governors signed it. A handful of governors here appeared at a news conference today to build the case, arguing that the House bill reflects a standardized approach to providing drug benefits to elderly Americans, regardless of their income. They said Medicare recipients whose health problems erode their income to a level that makes them eligible for benefits under Medicaid should not have to risk receiving any less comprehensive coverage offered by the states. "We think as a matter of fundamental fairness," Mr. Patton said, "that one group of Americans should not be moved into another class of benefits when they become poor because their illnesses have exhausted all of their resources." An analysis by the governors association of state health care costs predicted that without shifting the prescription drug coverage to the federal government for the six million people, states would be forced to spend an additional $100 billion over 10 years, a period in which millions of people will reach retirement age and place new strains on the nation's health care system. Such huge expenditures are about the last thing governors say they want to think about these days. New federal education programs, like No Child Left Behind, and demands for domestic security costs have placed added pressure on state treasuries, helping sap most states of their reserve funds and forcing many to cut spending in a variety of agencies. In separate news conferences here on Saturday, Democratic and Republican governors described tough economic times, with revenues falling and unemployment rising. While Republican governors said Bush administration policies, like the recent tax cuts, have led to recent improvements in the economy, Democrats cited the same policies to argue that nothing has really changed. "Our economy is stuck in neutral," said Gov. Tom Vilsack of Iowa, a Democrat. In either case, governors of both parties said here that with soaring Medicaid costs already straining their state budgets, a law requiring the states to provide prescription drug coverage for the most vulnerable of the elderly would inevitably lead to scaling back other programs. Gov. Dirk Kempthorne of Idaho, a Republican, said health care costs are about 20 percent of state spending, compared with the other most expensive categories, education (65 percent) and public safety (10 percent). But with health care costs growing at the fastest rate, as much as 8 percent a year, he said: "At some point, there is a collision course with essential services like education. I don't see the rationale for the federal government not to cover all citizens who are over 65." Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-720297684-1061623161=:77896 Content-Type: text/html; charset=us-ascii
The New York Times

August 18, 2003

Governors Unite to Urge Shifting Costs of Medicaid

By MICHAEL JANOFSKY

INDIANAPOLIS, Aug. 17 — Nothing concerns state governors more these days than their state budgets, and nothing is driving their deficits deeper, they say, than rising Medicaid costs.

With only three states showing a budget surplus, all 50 governors have lined up in a rare show of unity to support a provision of the House prescription drug bill that would shift as much as $7 billion in costs to the federal government to cover more than six million people known as "dual eligibles." The title refers to people who qualify for prescription coverage under both Medicare, the federal program for the elderly, and Medicaid, the federal-state partnership for the poor.

Under a competing Senate bill, the costs for those six million people would be shared by Washington and the states, creating the possibility of different benefits in different states. This approach, the governors say, would certainly lead to cuts in other vital programs to offset the prescription costs.

The two bills are headed for conference where negotiators are expected to work out differences after Congress returns next month from its summer recess.

"This is the highest priority of governors at this juncture of Congressional issues," Gov. Paul E. Patton of Kentucky, a Democrat and chairman of the National Governors Association, said today at the association's summer meetings, where governors were drumming up support for the House provision. "Seldom do we operate in unanimity, but on this issue, all 50 governors are united."

The governors' campaign for the House approach to drug coverage began two weeks ago with a letter to Representative Bill Thomas, Republican of California and chairman of the Ways and Means Committee, urging him "to give special attention" to the impact of the bill on those who would be affected. All 50 governors signed it.

A handful of governors here appeared at a news conference today to build the case, arguing that the House bill reflects a standardized approach to providing drug benefits to elderly Americans, regardless of their income. They said Medicare recipients whose health problems erode their income to a level that makes them eligible for benefits under Medicaid should not have to risk receiving any less comprehensive coverage offered by the states.

"We think as a matter of fundamental fairness," Mr. Patton said, "that one group of Americans should not be moved into another class of benefits when they become poor because their illnesses have exhausted all of their resources."

An analysis by the governors association of state health care costs predicted that without shifting the prescription drug coverage to the federal government for the six million people, states would be forced to spend an additional $100 billion over 10 years, a period in which millions of people will reach retirement age and place new strains on the nation's health care system.

Such huge expenditures are about the last thing governors say they want to think about these days. New federal education programs, like No Child Left Behind, and demands for domestic security costs have placed added pressure on state treasuries, helping sap most states of their reserve funds and forcing many to cut spending in a variety of agencies.

In separate news conferences here on Saturday, Democratic and Republican governors described tough economic times, with revenues falling and unemployment rising. While Republican governors said Bush administration policies, like the recent tax cuts, have led to recent improvements in the economy, Democrats cited the same policies to argue that nothing has really changed.

"Our economy is stuck in neutral," said Gov. Tom Vilsack of Iowa, a Democrat.

In either case, governors of both parties said here that with soaring Medicaid costs already straining their state budgets, a law requiring the states to provide prescription drug coverage for the most vulnerable of the elderly would inevitably lead to scaling back other programs.

Gov. Dirk Kempthorne of Idaho, a Republican, said health care costs are about 20 percent of state spending, compared with the other most expensive categories, education (65 percent) and public safety (10 percent).

But with health care costs growing at the fastest rate, as much as 8 percent a year, he said: "At some point, there is a collision course with essential services like education. I don't see the rationale for the federal government not to cover all citizens who are over 65."



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


Do you Yahoo!?
Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-720297684-1061623161=:77896-- From pottsbri@yahoo.com Fri Aug 29 07:28:05 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Thu, 28 Aug 2003 23:28:05 -0700 (PDT) Subject: Ex-Natl Century exec pleads guilty in$1 bln fraud Message-ID: <20030829062805.61572.qmail@web41308.mail.yahoo.com> --0-1292698151-1062138485=:61244 Content-Type: text/plain; charset=us-ascii -----Original Message----- From: Reuters_News@reuters.com [mailto:Reuters_News@reuters.com] Sent: Monday, August 18, 2003 11:22 PM http://reuters.com/financeNewsArticle.jhtml?storyID=3295673&type=governmentFilingsNews&fromEmail=true Ex-Natl Century exec pleads guilty in$1 bln fraud Mon August 18, 2003 01:24 PM ET WASHINGTON, Aug 18 (Reuters) - Former National Century Financial Enterprises Inc. executive Sherry Gibson pleaded guilty on Monday to her role, including providing false information to investors, in a $1 billion securities fraud. Gibson acknowledged taking part in a scheme that took money from now bankrupt National Century, which repackaged patient debt owed to hospitals, and then hid the shortfall by shuffling funds between bank accounts and sending false reports to investors and auditors, the U.S. Attorney's Office for the Southern District of Ohio said in a statement. A former executive vice-president with the Dublin, Ohio-based company, Gibson faces up to five years in prison without parole, a $250,000 fine and three years of supervision following release. A sentencing date in U.S. District Court for the Southern District of Ohio has yet to be set. Gibson also settled a civil complaint filed by the Securities and Exchange Commission by agreeing to be barred from serving as an officer or director of a public company and paying civil penalties. Gibson's lawyer did not immediately return calls for comment. Privately-held National Century built a multibillion-dollar business out of buying patients' bills from health care providers and selling them to investors as asset-backed securities. National Century, which filed for bankruptcy last November, has already faced a flood of lawsuits from investors who have also sued the company's accountants and investment banks. In her criminal plea, Gibson admitted the company maintained separate sets of bookkeeping records labeled "actual" and "reported". She also admitted that beginning in 1995 she prepared or directed others to prepare investor reports containing false financial information, the U.S. attorney's office said. The SEC's civil complaint charged that Gibson and other senior company officials "improperly advanced" to health-care providers about $1 billion in unsecured, unauthorized loans. In a statement the SEC's Midwest regional director, Mary Keefe, called Gibson's conduct "unconscionable" and said the scheme was "an elaborate fraud that cheated sophisticated investors out of more than $1 billion." _____ _____ © Copyright Reuters 2002. All rights reserved. Any copying, re-publication or re-distribution of Reuters content or of any content used on this site, including by framing or similar means, is expressly prohibited without prior written consent of Reuters. Quotes and other data are provided for your personal information only, and are not intended for trading purposes. Reuters, the members of its Group and its data providers shall not be liable for any errors or delays in the quotes or other data, or for any actions taken in reliance thereon. Brian Potts Managing Editor, CAL/AAEM News Service MS-IV, UC-Irvine --------------------------------- Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1292698151-1062138485=:61244 Content-Type: text/html; charset=us-ascii

-----Original Message-----

From: Reuters_News@reuters.com [mailto:Reuters_News@reuters.com]

Sent: Monday, August 18, 2003 11:22 PM

http://reuters.com/financeNewsArticle.jhtml?storyID=3295673&type=governmentFilingsNews&fromEmail=true

Ex-Natl Century exec pleads guilty in$1 bln fraud

Mon August 18, 2003 01:24 PM ET

WASHINGTON, Aug 18 (Reuters) - Former National Century Financial Enterprises Inc. executive Sherry Gibson pleaded guilty on Monday to her role, including providing false information to investors, in a $1 billion securities fraud.

Gibson acknowledged taking part in a scheme that took money from now bankrupt National Century, which repackaged patient debt owed to hospitals, and then hid the shortfall by shuffling funds between bank accounts and sending false reports to investors and auditors, the U.S. Attorney's Office for the Southern District of Ohio said in a statement.

A former executive vice-president with the Dublin, Ohio-based company, Gibson faces up to five years in prison without parole, a $250,000 fine and three years of supervision following release.

A sentencing date in U.S. District Court for the Southern District of Ohio has yet to be set.

Gibson also settled a civil complaint filed by the Securities and Exchange Commission by agreeing to be barred from serving as an officer or director of a public company and paying civil penalties.

Gibson's lawyer did not immediately return calls for comment.

Privately-held National Century built a multibillion-dollar business out of buying patients' bills from health care providers and selling them to investors as asset-backed securities.

National Century, which filed for bankruptcy last November, has already faced a flood of lawsuits from investors who have also sued the company's accountants and investment banks.

In her criminal plea, Gibson admitted the company maintained separate sets of bookkeeping records labeled "actual" and "reported". She also admitted that beginning in 1995 she prepared or directed others to prepare investor reports containing false financial information, the U.S. attorney's office said.

The SEC's civil complaint charged that Gibson and other senior company officials "improperly advanced" to health-care providers about $1 billion in unsecured, unauthorized loans.

In a statement the SEC's Midwest regional director, Mary Keefe, called Gibson's conduct "unconscionable" and said the scheme was "an elaborate fraud that cheated sophisticated investors out of more than $1 billion."

_____

_____

© Copyright Reuters 2002. All rights reserved. Any copying, re-publication or re-distribution of Reuters content or of any content used on this site, including by framing or similar means, is expressly prohibited without prior written consent of Reuters.

Quotes and other data are provided for your personal information only, and are not intended for trading purposes. Reuters, the members of its Group and its data providers shall not be liable for any errors or delays in the quotes or other data, or for any actions taken in reliance thereon.



Brian Potts
Managing Editor, CAL/AAEM News Service

MS-IV, UC-Irvine


Do you Yahoo!?
Yahoo! SiteBuilder - Free, easy-to-use web site design software --0-1292698151-1062138485=:61244--