-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]Sent: Thursday, October 23, 2003 10:36 AM
Schwarzenegger Names Health Net Executive as Chief of Staff
10/23/2003
Gov.-elect Arnold Schwarzenegger (R) on Wednesday named Patricia Clarey, vice president for government affairs at the HMO <
http://www.healthnet.com/> Health Net, as his chief of staff, the <http://www.sacbee.com/24hour/politics/story/1034303p-7262339c.html> AP/Sacramento Bee reports (AP/Sacramento Bee, 10/22). The chief of staff position is a key role in a California governor's administration because he or she has a role in appointing other government officials. Clarey, a deputy to former Gov. Pete Wilson's (R) chief of staff, worked in the administrations of former presidents Reagan and Bush before joining Health Net, the state's third-largest HMO ( http://www.californiahealthline.org/members/basecontent.asp?contentid=50041&collectionid=3&program=1 California Healthline, 10/21). Clarey also served as Schwarzenegger's deputy campaign manager (Ostrom/Marimow, <http://www.bayarea.com/mld/mercurynews/news/local/7082616.htm> San Jose Mercury News, 10/23). Several top aides in the Schwarzenegger campaign recommended Clarey's appointment, the <http://www.californiahealthline.org/members/Los%20Angeles%20Times> Los Angeles Times reports (Morain, Los Angeles Times, 10/23). Several people close to Schwarzenegger's transition team said that Clarey's experience in Sacramento and in the private sector "make her a good choice for a neophyte politician like Schwarzenegger," the Mercury News reports (San Jose Mercury News, 10/23). Schwarzenegger said Clarey "has a wealth of experience in executive government" and "has a very good understanding of how the governor's office works" (AP/Sacramento Bee, 10/22). According to the <http://www.bayarea.com/mld/cctimes/7082571.htm> Contra Costa Times, Clarey's appointment was praised by many Republicans but drew criticism from the <http://www.consumerwatchdog.org/> Foundation for Taxpayer and Consumer Rights, which said in a statement that "HMO lobbyists should not be part of an administration that pledged to govern for the people, not for special interests" (LaMar, Contra Costa Times, 10/23). Beth Capell, a lobbyist for consumer advocacy group <http://www.health-access.org/> Health Access, said that Health Net "worked really hard to kill most HMO reforms proposed during Davis'" tenure as governor (Martin, http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/10/23/MNGFS2HCM91.DTL San Fran! cisco Chronicle, 10/23). But Lisa Haines, Health Net's vice president for corporate communications, said the HMO industry will not necessarily benefit from Clarey's appointment (Los Angeles Times, 10/23). Clarey said in a prepared statement, "It is an honor to return to public service and work for Gov. Schwarzenegger during such an important period in California's history. I am committed to the governor's goal of strengthening California's economy and bringing jobs back to the state." Clarey's appointment does not require confirmation, and she will begin work immediately, Schwarzenegger's transition team said (AP/Sacramento Bee, 10/22).-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]Sent: Friday, October 31, 2003 10:01 AM
CMS Announces 2004 Cut of 4.5% in Medicare's Physician Reimbursements
10/31/2003
<
http://www.cms.gov/> CMS Administrator Tom Scully on Thursday announced that the agency will reduce Medicare's physician reimbursements by 4.5% in 2004, the http://www.lasvegassun.com/sunbin/stories/archives/2003/oct/30/103006426.html?scully AP/Las Vegas Sun reports (Sherman, AP/Las Vegas Sun, 10/30). In March, Bush administration officials announced that the provider payment cut for 2004 would likely be 4.2%, despite a provision in the 2003 omnibus spending package that provided $54 million over 10 years to avoid such cuts. That law also blocked a proposed 4.4% reduction for 2003 ( http://www.californiahealthline.org/members/basecontent.asp?contentid=48291&collectionid=3&program=1 California Healthline, 3/26). Scully said that the 2004 cut will be higher than the forecasted 4.2% because CMS is legally required to follow the current payment formula, which is based on actual Medicare spending, the rate of medical inflation and economic growth. CMS will revise the formula next year to "make it more reflective of doctors' costs," according to agency officials, the AP/Sun reports. The <http://www.ama-assn.org/> American Medical Association said the cut will make physicians reluctant to acc! ept new Medicare beneficiaries. AMA President Dr. Donald Palmisano said physicians are already limiting their number of new Medicare patients because reimbursements do not match service costs. He added that the new reimbursement cuts will exacerbate the problem and "make it even harder for seniors to get the health care they need." The cuts come amid negotiations to reconcile the House and Senate Medicare bills ( <http://thomas.loc.gov/cgi-bin/query/z?c108:h.r.1:> HR 1 and <http://thomas.loc.gov/cgi-bin/query/z?c108:s.1:> S 1); the House bill would cancel reimbursement reductions for 2004 and 2005 and boost physician payments by 1.5% (AP/Las Vegas Sun, 10/30).-----Original Message-----
From: AAEM [
mailto:info@aaem.org]Sent: Tuesday, November 04, 2003 9:14 AM
To: akazzi@attglobal.net
Subject: Member Alert: Medicare to Cut Physician Payments
*** MEDICARE TO CUT PHYSICIAN PAYMENTS BY 4.5% IN 2004 ***
On October 30th, the Centers for Medicare and Medicaid Services (CMS) released its final Medicare payment rule calling for a physician payment cut of 4.5% in 2004. This cut comes on top of a 5.4% payment cut in 2002. With only weeks remaining before congressional adjournment for the year, Congress must act now to stop the Medicare payment cuts before additional resources are stripped from our EDs.
THE TIME TO ACT IS NOW!
FAX, CALL, or E-MAIL your Senators and Representative TODAY. Urge them to ensure that Section 601 of H.R.1, Revisions of Updates for Physicians' Services, which increases the Medicare physician fee schedule reimbursement rate by at least 1.5% per year for the next two (2) years, is retained in the final passage of the Medicare Prescription Drug Act. PERSONALIZE YOUR MESSAGE BY TELLING THEM WHAT EFFECT AN ADDITIONAL MEDICARE CUT WOULD HAVE ON YOU, YOUR PATIENTS, AND THE FACILITY IN WHICH YOU WORK.
Go to AAEM's Legislative Action Center for detailed information, a template letter/talking points, and all the contact information you will need. To access the Action Center, click here:
http://capwiz.com/aaem/home/When you are on the Action Center's HOMEPAGE, please take the time to sign up for AAEM's "E-Mail Alerts." These "Alerts" will provide you with strategic information to affect key policy issues of concern to 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.orgFrom EMED-L.....
==========
St. Joseph hopes fee will reduce ER visits
By JOE MANNING
jmanning@journalsentinel.com
Last Updated: Oct. 23, 2003
For the first time in southeast Wisconsin, a hospital is adding a fee for emergency room care in an attempt to stop a flood of patients who walk through the doors seeking treatment for such minor ailments as runny noses and ingrown toenails.
St. Joseph Medical Center Photo/Michael Sears: Mark Mitchell examines a patient's chart Thursday at St. Joseph Regional Medical Center. The hospital sent 5,000 letters telling uninsured former patients of a minimum $150 fee on emergency room visits.The Numbers The American Hospital Association says 67% of emergency rooms are either at or over capacity. At inner-city hospitals, that number jumps to 80%. U.S. emergency room visits jumped to an average total of 107.7 million in 2001 and 2000, up 16.3% from 1996 and 1997. People covered by Medicare visited emergency rooms 16 million times, a 10% increase. Visits by uninsured patients rose 10.3% to 18 million. Source: Center for Studying Health System Change; Associated Press
St. Joseph Regional Medical Center has sent 5,000 letters telling uninsured former patients who owe the hospital for emergency care that their next trip to the emergency room will cost them a minimum of $150.
Hospital officials said care will not be denied to anyone coming to the emergency department, but the $150 is intended as a "financial incentive" to discourage people from seeking emergency care for conditions that would be better handled in primary care clinics.
"We are an emergency department and not a primary care giver. We have to make sure that we continue to have these resources available to provide care to those who present with true emergencies," said Mark Mitchell, the physician in charge of the emergency department at St. Joseph.
The decision comes as the use of emergency rooms is soaring in the region and across the United States. The American Hospital Association says 67% of emergency rooms are either at or over capacity. At inner-city hospitals, that number jumps to 80%.
Increased use of hospital emergency rooms is a contributing factor in the rising cost of care, which has sent health insurance premiums soaring by double-digit percentages for four straight years in southeast Wisconsin.
"There is an ever-worsening problem with inappropriate use of emergency departments," said Bill Bazan, vice president of the Wisconsin Hospital Association.
"St. Joseph is communicating important information to patients in an attempt to educate and inform them on using appropriate levels of clinical care. It is not meant to discourage appropriate emergency department use," he said.
It's a cost-shifting issue, Bazan said, as hospitals shift emergency room expenses onto paying customers.
In the Milwaukee area last year, Bazan said, there were more than 83,000 visits by uninsured people to hospital emergency rooms, "and 60% of those medical encounters could have been better handled in a primary care setting. This is a communitywide problem that nearly every hospital is facing."
Everyone will be charged
The new policy at St. Joseph, a member of the Covenant Healthcare System, applies to anyone seeking care in the emergency department. People with insurance will be asked to pay a portion of the charge when discharged. A patient's insurance would be billed for the difference.
Those without insurance "will be asked to make a minimum deposit starting at $150 for the most basic care," the letter says.
Mitchell said if patients cannot afford to pay the $150 - which is assessed after patients receive care and not as a condition of receiving care - they will be referred by financial counselors to community programs that help with medical costs.
"We are trying to make people aware that our emergency department is not the best place to come to for primary care," said Rosemary Anton, senior vice president of mission and ethics at St. Joseph.
Inappropriate use of the emergency room interferes with the delivery of care to people who actually have life-threatening conditions, she said. "It's a bad utilization of resources. It's like taking a baseball bat to a flea. People come to the emergency department for something that is thoroughly well cared for at a primary care clinic."
Anton said people will still be treated for primary care ailments in St. Joseph's emergency department, but the intent is to get them into treatment at clinics where care is cheaper.
She said hospital emergency rooms have high overhead in expensive equipment and on-duty personnel as well as hours of operation. The cost of primary care in an emergency department is estimated to be four times as expensive as the same care given in a clinic or doctor's office. "We are advising people in advance of what is expected in the emergency department," she said.
"We are a faith-based system founded by sisters concerned about people getting health care. We agonize over people being cut out of the system. We want everyone to get medical care. It is very important to us," Anton added.
Covenant Healthcare System spokeswoman Anne Ballentine said an emergency room fee policy will be instituted soon at St. Michael Hospital, also a Covenant facility.
Primary care crunch
The overuse of emergency rooms has to do with a lack of primary care available in the community, said the hospital association's Bazan, who is working with other health care executives to get a $4 million federal grant to build additional primary care clinics and increase clinic hours.
Bazan said the problem has to do with historic patterns in the central city in which patients view emergency rooms as primary care providers.
Other hospitals may be following St. Joseph's and St. Michael's lead.
Aurora Sinai Medical Center has begun a policy of referring patients who come to the emergency room for primary care to community clinics. Aurora Sinai officials said the hospital is considering beginning "a cash disincentive" similar to St. Joseph's.
"Every hospital in Milwaukee is looking at strategies to assist patients in finding appropriate levels of clinical care. This is extremely serious. It's a growing challenge in Milwaukee County, and no end is in sight," Bazan said.
Anton said the $150 level was selected because the hospital did not want to set a minimum fee too high to scare away people who need legitimate emergency care.
"We are trying to make sure that we provide care for people who cannot afford it and don't get waylaid in providing care to people who can pay for it," she said.
Well, they sure do get due process protection, don't they?
-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]Sent: Friday, October 31, 2003 10:01 AM
Tenet Ordered To Pay $253 Million to Former Executive in Contract Dispute
10/31/2003
The 2nd District Court of Appeals in Los Angeles on Tuesday ruled that California-based <
http://tenethealth.com/TenetHealth> Tenet Healthcare must pay $253 million to a former executive for failure to honor a compensation contract in 1993, the <http://www.latimes.com/business/la-fi-tenet31oct31,1,6164915.story> Los Angeles Times reports (Vrana, Los Angeles Times, 10/31). In the case, John Bedrosian, a co-founder of Tenet predecessor National Medical Enterprises, filed a lawsuit over allegations that the company failed to provide him with stock benefits when he was terminated without cause in 1993. Bedrosian has not received any of the benefits, which were due from the start of fiscal year 1994 through September 1! 995, Bedrosian attorney Richard Hodge said. A lower court had awarded $9.2 million to Bedrosian, based on a share price of $19 and no subsequent stock splits. The appeals court decision, written by Justice Roger Boren, calculated a share price of $52.50, the highest market value within a "reasonable" time limit, and included subsequent stock splits. Tenet officials plan to appeal the decision. "We do not believe the evidence in this case justifies this huge award, and we will ask the court to promptly review," Tenet Deputy General Counsel Gary Robinson said (Dunn, <http://www.philly.com/mld/inquirer/business/7145651.htm> Bloomberg/Philadelphia Inquirer, 10/31). The award, equal to about one-third of Tenet earnings in 2002, would represent a "severe financial blow" for the company, the Times reports. Tenet officials have said that the company wo! uld take the award as a one-time charge in the third quarter (Los Angeles Times, 10/31). Tenet currently faces several state and federal investigations. Since October 2002, the <http://finance.senate.gov/sitepages/committee.htm> Senate Finance Committee, the <http://www.sec.gov/> Securities and Exchange Commission, the HHS <http://www.oig.hhs.gov/> Office of Inspector General, the <http://www.usdoj.gov/> Justice Department and the <http://www.ftc.gov/>! Federal Trade Commission have launched separate investigations into Tenet related to alleged Medicare fraud and other issues. The company also faces an investigation by the http://myfloridalegal.com/pages.nsf/0/ebc480598bbf32d885256cc6005b54d1?OpenDocument Florida Medicaid Fraud Control Unit (http://www.californiahealthline.org/members/basecontent.asp?contentid=50017&collectionid=3&program=1 California Healthline, 10/20).
===================================
AHA NEWS NOW
The Daily Report for Health Care Executives
www.ahanews.com===================================
Monday, Nov. 3, 2003
+++
4) GAO: Number of U.S. physicians climbs 26% in decade
The U.S. physician population increased 26% between 1991 and 2001, or twice the rate of total population growth during the period, according a report released today by the General Accounting Office. The average number of physicians per 100,000 people increased from 214 to 239, while the mix of generalists and specialists remained about one-third generalists and two-thirds specialists. The number of physicians per 100,000 people in non-metropolitan areas increased 23% from 1991-2001, while the number of physicians in metropolitan areas increased 10%. However, metropolitan areas continued to have about 145 more physicians per 100,000 people than non-metropolitan areas, the study indicates. The report can be found at
http://www.gao.gov==================================
Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb. AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.
-----Original Message-----
From: AAEM [
mailto:info@aaem.org]Sent: Monday, November 03, 2003 1:20 PM
To: akazzi@attglobal.net
Subject: Renew Your AAEM Membership Online
Dear AAEM Member,
With your continued support, AAEM has surpassed the 4,000-member mark and we are continuing to have a major impact as we work toward the goal of a physician-run specialty. To help AAEM continue its efforts, take a moment and renew your membership now at
www.aaem.org.Below are some of the accomplishments we've achieved with your help and others which are on the horizon. This list should make you proud to remain a member.
* February 20-22, 2004, Miami. Based on feedback from the membership, the Board voted to continue free registration for AAEM's 10th Scientific Assembly.
* November 1-2, 2003. AAEM sponsored its first-ever JAM Session Reviews for the Written Board certification and re-certification exams in Chicago, Dallas, and East Brunswick, NJ. Plans call for an additional offering in Los Angeles in 2004.
* September 2003. After the success of the 2001 conference in Italy, AAEM and EuSEM co-sponsored the 2nd Mediterranean EM Congress in Sitges/Barcelona, Spain. The record-breaking event attracted more than 1,200 attendees from 65 countries.
* AAEM will continue to co-sponsor the popular cadaver-based airway course developed by Richard Levitan, MD FAAEM. A total of seven sessions will be held in 2004. Visit
www.aaem.org for more details.* The AAEM Resident Section unveiled its new guide for medical students planning on a career in EM: AAEM's Rules of the Road for Medical Students.
* AAEM continues to offer its Written Board Review Course along with eight annual sessions of our highly-popular Oral Board course. In 2004, the East Coast section of the Oral Board course will expand to accommodate double the number of participants.
* Common Sense and the Journal of Emergency Medicine continue as the official publications of AAEM.
* AAEM is continuing its public education website, 911emergency.org. If your department isn't included, contact AAEM to request a registration form.
* AAEM continues to monitor and support legislative efforts that are in line with our mission.
* Members have access to AAEM's Template System at a reduced price.
You will also note that there is no increase in AAEM dues for 2004.
Payment of your 2004 dues will allow you to vote for the positions open in the upcoming election - President, Vice President, Secretary/Treasurer and three At-Large Board seats. Your ballot and voting information will be sent to you with the January/February 2004 issue of Common Sense. As always, there will be a Candidates Forum at the Scientific Assembly to allow you to question the candidates before casting your vote.
To renew your membership online, click on the following link:
https://ssl18.pair.com/aaemorg/membership/application.htmlYour continued support of AAEM's mission and principles allows us continue our work on behalf of the working emergency physician.
Sincerely,
Joseph Wood, MD JD FAAEM
President
AAEM
611 East Wells Street
Milwaukee, WI 53202
800-884-2236
Fax: 414-276-3349
E-mail: info@aaem.org
Website:
www.aaem.org===================================
AHA NEWS NOW
The Daily Report for Health Care Executives
www.ahanews.com===================================
Tuesday, Nov. 4, 2003
1. IOM panel recommends changes to nursing work hours, environment
STORIES:
1) IOM panel recommends changes to nursing work hours, environment
A report released today by an Institute of Medicine panel recommends work hour limits and other changes to the work environment for nurses to strengthen patient safety. The report proposes limiting nurses' working hours to less than 60 hours per week and 12 hours in any 24-hour period. It also recommends health care organizations reduce their use of temporary nursing staff, invest more in training and continuing education for nurses, and increase nurses' role in management and decision-making. The panel says regulators and health care leaders also should work to reduce workplace inefficiencies, such as excessive paperwork and documentation, which reduce the time nurses have to spend with patients. Pamela Thompson, CEO of the American Organization of Nurse Executives, said the report "highlights some important areas that we've already begun to address. Hospital and nurse leaders are working to redesign the work environment -- through technology, training and retention effo! rts -- to better support nurses as they work to deliver quality care to patients." AONE is the AHA's nursing affiliate. The IOM report is available at
http://www.national-academies.org/.+++
3) FDA advises physicians of adverse events associated with stent
The Food and Drug Administration has informed physicians about adverse events associated with a drug-coated stent approved in April for patients undergoing angioplasty procedures to open clogged coronary arteries. The FDA said it has received more than 290 reports of thrombosis, or clotting, occurring one to 30 days after implanting the Cordis Corporation's Cypher Coronary Stent. In more than 60 of the reports, use of the device was associated with the death of the patient. The FDA said it also has received more than 50 reports, including some deaths, of possible hypersensitivity reactions to the stent. It is encouraging doctors and patients who have experienced an adverse event related to the stent to report the incident to the FDA. For more information, go to http://www.fda.gov/bbs/topics/ANSWERS/2003/ANS01257.html.
+++
==================================
Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb.
AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.
I thought some of you would be interested in this data. Also, you can pull the report off the web.
Antoine Kazzi
A. Antoine Kazzi, MD, FAAEM
Vice-President, The American Academy of Emergency Medicine Vice-Chair, Department of Emergency Medicine University of California, Irvine
===================================
AHA NEWS NOW
The Daily Report for Health Care Executives
www.ahanews.com===================================
Monday, Nov. 3, 2003
+++
4) GAO: Number of U.S. physicians climbs 26% in decade
The U.S. physician population increased 26% between 1991 and 2001, or twice the rate of total population growth during the period, according a report released today by the General Accounting Office. The average number of physicians per 100,000 people increased from 214 to 239, while the mix of generalists and specialists remained about one-third generalists and two-thirds specialists. The number of physicians per 100,000 people in non-metropolitan areas increased 23% from 1991-2001, while the number of physicians in metropolitan areas increased 10%. However, metropolitan areas continued to have about 145 more physicians per 100,000 people than non-metropolitan areas, the study indicates. The report can be found at
http://www.gao.gov.+++
==================================
Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb.
AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.
This e-mail/fax message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail/fax and destroy all copies of the original message.
To unsubscribe, send the command "SIGNOFF EMED-L" to LISTSERV@ITSSRV1.UCSF.EDU
> -----Original Message-----
> From: McNamara, Robert
> Sent: Tuesday, November 04, 2003 10:02 AM
> Subject: CRNAs
>
> Wow! Did anesthesia ever dig themselves a hole!
> RMM (McNamara, Robert)
>
> ALASKA HAS BECOME THE TENTH STATE TO REQUEST THAT MEDICARE EXEMPT IT FROM A PHYSICIAN SUPERVISION REQUIREMENT FOR NURSE ANESTHETISTS.
>
> Alaska Governor Frank Murkowski told the Centers for Medicare & Medicaid Services that his state was opting out of the physician supervision Medicare regulation because the requirement may be severely limiting the ability of rural hospitals to treat emergencies and provide other services requiring anesthesia care to Medicare patients. Alaska joins nine other states that have opted out of the requirement: North Dakota, Washington, Iowa, Nebraska, Idaho, Minnesota, New Hampshire, New Mexico and Kansas.
American Association of Nurse Anesthetists, October 30, 2003
========================================
-----Original Message-----
From: cma_alert@cmanews.org [
mailto:cma_alert@cmanews.org]Sent: Thursday, November 06, 2003 3:16 PM
2. CMA Launches Fundraising for Its Emergency Care Initiative
CMA and the Coalition to Preserve Emergency Care have begun fundraising efforts to support the 2004 Trauma and Emergency Care Initiative. The initiative would increase the 911 surcharge to 3.7 percent on telephone calls made within California to fund 911 emergency dispatch, hospital emergency rooms, trauma centers, emergency doctors, and on-call physician specialists.
CMA's goal is to raise $900,000 to support the initiative. While this may sound like a lot of money, the return on the investment for physicians will be great. The initiative, if successful, is expected to raise $500 to $800 million annually for trauma and emergency services, $200 million of which go to reimburse emergency and on-call physicians for services provided to uninsured and underinsured patients.
CMA needs your help to reach its $900,000 goal. Many CMA members will receive donation forms with their 2004 CMA/county medical society dues statements. Donation forms can also be downloaded online <
http://www.calphys.org/html/bb428.asp> . For information on how you, your medical staff, or your medical group can help, please contact CMA Government Relations at the number below.CMA leaders express their gratitude to those who have already donated to this important effort. Special thanks go out to Beaver Medical Group and the medical staff of Fountain Valley Medical Center, which contributed $6,000 and $10,000 respectively.
For more information about this initiative, click <
http://www.calphys.org/html/bb428.asp> here.Contact: CMA Government Relations, 916/444-5532 or dcorcoran@cmanet.org <
mailto:dcorcoran@cmanet.org>Why we should still join the AMA... And the CMA...
Antoine Kazzi
==============
FROM THE PRESIDENT (of the AMA)
Donald J. Palmisano, MD
AMA eVoice, October 2, 2003
At last week's North Dakota Medical Association meeting, I was reminded once again of the obstinacy with which trial lawyers continue to ignore the facts surrounding our nation's medical liability crisis. I sat on a panel with two trial lawyers who claimed that today's increasing medical liability premium rates are due to insurance companies' stock market losses. AM Best, an independent authority, clearly documents that the return on investments has been positive for the past five years.
The sad fact is, more money is paid for claims than is received in premiums, and that is what is driving physicians out of practice! Yet in every debate, trial lawyers continue to put forth misinformation as if they have never been disproved. Imagine if, in medicine, someone touted a cancer-curing treatment, even after it had been repeatedly debunked. I reminded the legislators in the audience that they have a grave responsibility to listen to all viewpoints, but the decision should be based on the facts and in the public's best interest. Go to the best evidence, the actual source material, and not junk math interpretations.
===============================
Press Release Source: GE Medical Protective
Florida's New Tort Reform Law Delivers Unintended Consequence Friday October 3, 10:01 am ET GE Medical Protective is Unable to Renew Physicians Whose Policies Expire January, 2004
FORT WAYNE, Ind.--(BUSINESS WIRE)--Oct. 3, 2003--GE Commercial Insurance's Medical Protective (MedPro) announced today it has regretfully been forced to issue non-renewal notices to physicians whose medical malpractice insurance policies expire in January 2004.
MedPro had filed for a rate increase more than two months before the Florida legislature passed its recent tort reform measure, but that rate filing had not been approved prior to the passage of the new legislation. This new law mandated a rate freeze, which required MedPro to withdraw its rate filing. MedPro is unable to resubmit its request for new rates until Florida's Office of Insurance Regulation (OIR) calculates its "presumed rate factor," which could be as late as mid-November. Unfortunately, Florida's insurance regulations require 60 days notice of any price increase to policyholders. Given this time frame it is impossible for MedPro to create a new rate filing in time for its January 1, 2004 renewal policies.
"MedPro remains strongly committed to the State of Florida and its health care providers," said Timothy Kenesey, President and Chief Executive Officer of MedPro. "However, we cannot write business today at rates that are inadequate, or worse, unknown to us. Our ability to charge the right rates for our coverage has allowed us to provide peace of mind to physicians for more than 100 years. We owe it to all of our policyholders to ensure we are charging adequate rates in every state where we do business so we can be here for the next 100 years."
"Florida's legislators and its insurance regulators understand our concerns, and we are working with them to devise an acceptable solution to this problem," said William Daley, Executive Vice President and Chief Counsel of MedPro. "We plan to file new rates as soon as possible and hope to have approval to use those rates prior to our physicians' renewal dates in January."
Source: GE Medical Protective
Interesting reading. I am not sure how and why it ended up in the Internal Medicine Professional Society (ACP = American College of Physicians) electronic bulletin...
-----Original Message-----
Sent: Thursday, November 06, 2003 2:21 PM
To: 'akazzi@attglobal.net'
Subject: FYI: whistleblower emergency physicians
From American College of Physicians, mentions reprisals against emergency
physicians:
"Whistleblower physicians face harsh reprisals from some hospitals"
Physicians who complain to hospital administrators about substandard care or staffing problems sometimes face retaliation that includes the loss of their practice, drawn out investigations and no protection from whistleblower regulations that safeguard professionals in other industries.
According to the Oct. 26 Pittsburgh Post-Gazette, a 1998 survey found that more than 20% of emergency department physicians who brought up concerns about patient care had either been threatened with losing their job or lost their position.
The article said that some physicians who raise concerns are labeled "disruptive" by their hospitals. They are also subjected to protracted peer-review investigations, and they often can't take their disputes to court or have legal representation.
Sources quoted in the article claim that as more physicians are employed by hospitals, the objectivity of the peer-review process is being threatened-particularly in an era when hospitals are struggling for profitability and marketing clout.
Some experts recommend that hospitals reconfigure their peer review process so it includes outside representatives, and not just members of the hospital staff. That move, they say, would help protect whistleblower physicians.
The Pittsburgh Post-Gazette article is online at
http://www.post-gazette.com/pg/03299/234499.stm.-----Original Message-----
From: cma_alert@cmanews.org [
mailto:cma_alert@cmanews.org <mailto:cma_alert@cmanews.org> ]Sent: Thursday, November 13, 2003 2:45 PM
> Physicians Must Be Allowed to Sue Health Plans for Unreimbursed ER Claims CMA on Friday filed a letter with the California Supreme Court, urging it to review yet another appellate court decision that allows health plans to evade payment responsibility for emergency services. In this case, Chase Dennis Emergency Medical Group Inc. v. Aetna U.S. Health Care of California, the 2nd District Court of Appeal in Los Angeles ruled that while California law requires health plans to pay for emergency services, unpaid providers cannot sue health plans to recover payment for services provided to enrollees because neither the language of the statute nor its legislative history "clearly indicates the Legislature intended to create such a right to sue for damages."
> This is just one of three recent cases in which the courts have allowed HMOs to absolve themselves of the very function for which licensure is required under the Knox-Keene Act-to reimburse providers (in this case, for life-saving emergency services)-so long as they contract away that responsibility to failing third parties that are generally unlicensed and not subject to regulatory control.
> The appellate court said in its ruling that the responsibility to enforce the Knox-Keene Act lies with the Department of Managed Health Care (DMHC). CMA's letter to the Supreme Court pointed out that despite literally millions of dollars in unreimbursed physician claims for emergency services, there has not been a single enforcement action brought by DMHC. Nor has DMHC taken any actions taken against HMOs that have failed to ensure the financial viability of their arrangements with contracting intermediaries, as required by law. All of this has occurred while HMOs are enjoying record profits and demonstrates a "profound need" for enforcement action, wrote CMA legal counsel Astrid Meghrigian in the letter. "The [appellate court's] opinion leaves physicians treating emergency conditions wholly uncompensated for their services and remediless."
> CMA's letter argues that the appellate court in this case applied an overly mechanical analysis of a prior Supreme Court decision (Moradi-Shalal v. Fireman's Fund Insurance Companies). The appellate court did not, as it should have, look at the purpose of the law-ensuring that providers get paid so that enrollees can receive continuous, accessible care-to determine whether a private remedy was required to achieve that purpose.
>
-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]Sent: Monday, November 10, 2003 10:40 AM
CMA Files Suit Against State Over Scheduled Medi-Cal Reimbursement Rate Reductions
11/10/2003
The <
http://www.cmanet.org/> California Medical Association and 11 other plaintiffs representing Medi-Cal providers on Friday filed a lawsuit in U.S. District Court in Sacramento to halt the implementation of a 5% Medi-Cal reimbursement rate cut, the <http://www.sacbee.com/content/politics/story/7748079p-8687384c.html>Sacramento Bee reports (Furillo, Sacramento Bee, 11/8). The rate reduction was approved by the Legislature as part of the fiscal year 2003-2004 budget to save the state $115 million and help close a $38 billion budget deficit. The lawsuit claims that the reduction violates the federal Social Security Act, which requires that Medicaid rates "attract enough doctors to serve the program's patients," the <
http://www.latimes.com/news/local/la-me-docsuit8nov08,1,1570658.story>Los Angeles Times reports (Halper, Los Angeles Times, 11/8). The suit says that the rate reduction "is being imposed on a system already in crisis" and that low reimbursement rates have led to "a scarcity of willing providers, creating serious access hurdles for Medi-Cal beneficiaries." The suit also alleges that the state did not hold a "properly noticed" public hearing on the rate reduction, which is scheduled to begin Jan. 1, the Bee reports. Joining the CMA in the suit are the <
http://www.aidshealth.org/> AIDS Healthcare Foundation, the <http://www.aap.org/> American Academy of Pediatrics, the <http://www.acog.org/> American College of Obstetricians and Gynecolog! ists, the Brain Injury Policy Institute, the <http://www.calacep.org/> California chapter of the American College of Emergency Physicians, the <http://www.cda.org/cgi-bin/htmlos.cgi/beta/index.html> California Dental Association, the <http://www.cfilc.org/> California Foundation for Independent Living Centers, the <http://www.cpha.com/> California Pharmacists Association, the Long Term Care Management Council, the <http://www.ltcpa.org/public/> Long Term Care Pharmacy Alliance and the <http://www.opsc.org/> Osteopathic Physicians and Surgeons of California.
Reaction
"By reducing the reimbursement, the state is greatly injuring the most vulnerable Californians," Jack Lewin, CEO for the CMA, said, adding, "Unfortunately, these kinds of cuts, by virtue of sending these people to emergency rooms, will actually increase the (budget) burden in the long run." Lewin said that CMA surveys found that up to 15% of doctors currently treating Medi-Cal beneficiaries would likely stop doing so as a result of the rate reduction. Chris Perrone, senior program officer for the <
http://www.chcf.org/> California HealthCare Foundation, said that it is too soon to determine how the 5% cut would affect access to care. "I think the impact of this will be felt over time," Perrone said, adding, "I think it will continue to color the picture of Medi-Cal that physicians have, both existing and new physicians, and whether or not to participate. Many physicians al! ready are doing it for reasons beyond getting paid" (Sacramento Bee, 11/8). Hilary McLean, a spokesperson for Gov. Gray Davis (D), said that Davis raised reimbursement rates in "good times," but the "very harsh reality is in the last few years, California has been buffeted by sharp declines in revenue. We had to make a lot of tough decisions in order to eliminate the budget shortfall" (Los Angeles Times, 11/8). Ken August, a spokesperson for the <http://www.dhs.cahwnet.gov/> Department of Health Services, added that the cuts do not apply to inpatient or outpatient services, nursing homes or county clinics (Sacramento Bee, 11/8). H.D. Palmer, a spokesperson for Gov.-elect Arnold Schwarzenegger's (R) transition team, said that the team has not yet reviewed the suit and has no comment, the <http://www.bayarea.com/mld/cctimes/living/health/7213254.htm> Contra Costa Times reports (Kleffman, Contra Costa Times, 11/8). <http://www.csus.edu/npr/NprModules/newsroom.html> Capital Public Radio on Friday reported on the lawsuit (Montgomery, Capital Public Radio, 11/7). The full segment is available <http://www.csus.edu/npr/localnews/mm031107.ram> online in RealPlayer.
-----Original Message-----
From: AAEM [
mailto:info@aaem.org]Sent: Wednesday, November 12, 2003 7:59 AM
To: akazzi@attglobal.net
Subject: EMTALA Rules
To: AAEM Members,
Thomas R. Barker, Esq., the Health Policy Counselor to the Administrator of CMS has released a PowerPoint presentation outlining the major provisions of final regulation for EMTALA. To view the presentation please visit the AAEM website at
www.aaem.org/emtala/emtalaupdate.pptAAEM
611 E. Wells Street
Milwaukee, WI 53202
800-884-2236
Fax: 414-276-3349
E-mail: info@aaem.org
Website:
www.aaem.org===================================
AHA NEWS NOW
The Daily Report for Health Care Executives
===================================
Monday, Nov. 10, 2003
Today's headlines:
1) CMS issues EMTALA enforcement guidance
The Centers for Medicare & Medicaid Services today issued a memorandum providing interim guidance to CMS regional offices concerning enforcement of the Emergency Medical Treatment and Labor Act (EMTALA) final rule, which takes effect today. The guidance summarizes the provisions of the final rule, published Sept. 9, and clarifies CMS' policy regarding when a patient is "stabilized" as well as the hospital's EMTALA obligation to inpatients. CMS said surveyors will use the interim guidance and CMS' current Interpretative Guidelines for EMTALA to assess whether a hospital is in compliance with the final rule until it issues Revised Interpretative Guidelines. It said enforcement of EMTALA will continue to be initiated only by a complaint. CMS said the guidance will be posted in the next few days at
http://www.cms.hhs.gov/medicaid/survey-cert/letters.asp+++
Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb.
AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.
============================
===================================
AHA NEWS NOW
The Daily Report for Health Care Executives
www.ahanews.com===================================
Wednesday, Nov. 12, 2003
3) Capacity constrained in many EDs, some hospitals, study finds
A new study by the Center for Studying Health System Change examines hospital capacity in 12 U.S. communities and the factors contributing to constrained services and hospitals' responses. Most of the hospitals studied reported emergency capacity problems, while other hospital services were constrained for some local hospitals from time to time. The nurse shortage was perceived as a major contributor to capacity problems. Hospitals were implementing various strategies to expand or convert capacity, better manage capacity, attract and retain nurses, and work locally to better coordinate emergency department care and reduce diversions. The authors said more research was needed to determine the extent of capacity constraints nationally and whether efforts to address them are working. Caroline Steinberg, vice president health trends analysis, commented, "As a nation, we need to take a hard look at our capacity issues to care for our communities -- from disaster readiness to i! ncreased use of health services as the baby boomers age. Increasing capacity goes beyond adding bricks and mortar, it involves training more nurses and pharmacists and equipping hospital caregivers with tools to help them do their jobs more easily. As a health care field, we're committed to ensuring that Americans have access to the care they need, in the right setting and at the right time." For more on the study, go to
http://www.hschange.org/CONTENT/624/.==================================
Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb.
AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.
-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]Sent: Thursday, November 13, 2003 10:27 AM
U.S. Nursing Shortage Likely To Continue Despite Recent Increase in Nurse Employment, Study Finds
11/13/2003
The number of registered nurses employed in the United States increased by about 100,000 from 2001 to 2002 because of an "influx of nurses from other countries and the return of older nurses to the field," but "that is only a temporary fix" to the U.S. nursing shortage, according to a study in the latest issue of the journal Health Affairs, the <
http://business.bostonherald.com/businessNews/business.bg?articleid=771> Boston Herald reports (Heldt Powell, Boston Herald, 11/13). In the
study, Peter Buerhaus, senior associate dean for research at <
http://www.mc.vanderbilt.edu/nursing/> Vanderbilt University School of Nursing, and colleagues examined data in the Current Population Survey conducted by the U.S. Census Bureau Survey for U.S. residents ages 21 to 64 who reported their occupation as registered nurse between January 1994 and December 2002. Over the nine-year period, the study found that RN employment increased by 17%, about half the rate of increase in the previous ten years. The study found that between 1994 and 2002, the number of RNs ages 35 to 49 increased by 12% -- 4.5% between 2001 and 2002 -- and the number of RNs ages 35 and younger decreased by about 17%-- 8.3% between 2001 and 2002; the study also found that between 1994 and 2002, the number of RNs ages 50 and older increased by about 60% -- 15.8% between 2001 and 2002. In addition, the study found that the number of foreign-born RNs employed in the United States increased by about 71% between 1994 and 2002 -- 13.8% between 2001 and 2002 (Buerhaus et al., Health Affairs, November/December 2003). According to the study, the short-term increase in the number of RNs employed in the United States may have resulted from increased wages -- wages for RNs in hospitals increased by about 5% between 2001 and 2002 -- or the recent economic downturn, which may have prompted some RNs who left the profession to return to work, the <
http://www.bayarea.com/mld/cctimes/news/7251075.htm> AP/Contra Costa Times reports. The study concluded that the current nu! rsing shortage, which began in 1998, will likely continue because older RNs will retire earlier. According to the AP/Times, the United States will have an estimated shortage of 500,000 nurses by 2015 (Neergaard, AP/Contra Costa Times, 11/13). The study recommended that lawmakers consider proposals to increase the number of RNs in the workforce, to retain older RNs and to prepare for an increased number of foreign-born RNs in the U.S. workforce (Health Affairs, November/December 2003).
Reaction
Buerhaus said that despite the "very large infusion of RNs" into the U.S. workforce between 2001 and 2002, "there is no evidence that the shortage is over" (Boston Herald, 11/13). Cindy Price, a spokesperson for the <
http://www.nursingworld.org/> American Nursing Association, said, "What will be important to see is if hospitals are able to retain nurses over the long term. You need to change the working conditions of nurses in order to tackle the larger problem" (AP/Contra Costa Times, 11/13). An abstract of the study is available <http://content.healthaffairs.org/cgi/content/abstract/22/6/191> online.
-----Original Message-----
From: Kathleen A. Ream [
mailto:aaemgov@aol.com]Sent: Tuesday, November 04, 2003 3:54 AM
To: aaem_list@capwiz.mailmanager.net
Subject: <b><c>MEDICARE TO CUT PHYSICIAN PAYMENTS 4.5% IN 2004</c></b>
Take Action. Now! <
http://ffs.capwiz.com/img/sc/template1_top.gif>MEDICARE TO CUT PHYSICIAN PAYMENTS 4.5% IN 2004
On October 30th, the Centers for Medicare and Medicaid Services (CMS) released its final Medicare payment rule calling for a physician payment cut of 4.5% in 2004. This cut comes on top of a 5.4% payment cut in 2002. With only weeks remaining before congressional adjournment for the year, Congress must act now to stop the Medicare payment cuts before additional resources are stripped from our EDs.
THE TIME TO ACT IS NOW!
FAX, CALL, or E-MAIL your Senators and Representative TODAY. Urge them to ensure that Section 601 of H.R.1, Revisions of Updates for Physicians' Services, which increases the Medicare physician fee schedule reimbursement rate by at least 1.5% per year for the next two
(2) years, is retained in the final passage of the Medicare Prescription Drug Act. PERSONALIZE YOUR MESSAGE BY TELLING THEM WHAT EFFECT AN ADDITIONAL MEDICARE CUT WOULD HAVE ON YOU, YOUR PATIENTS, AND THE FACILITY IN WHICH YOU WORK.
Go to AAEM's Legislative Action Center for detailed information, a template letter/talking points, and all the contact information you will need. To access the Action Center, <
http://capwiz.com/aaem/utr/1/NCYZCGIMPB/IVTQCGIMXN/> click here.*********************************
Kathleen A. Ream
Director, Government Affairs
American Academy of Emergency Medicine
To Unsubscribe: You may unsubscribe from our mailing list at any time by visiting here <
http://capwiz.com/aaem/lmx/u/?jobid=26653719> .-------------------------
From the Indianapolis Star
Doctor alleging misuse of ER sues over firing. Suit says he tried to stop hospital visits by Medicare, Medicaid patients for minor ills.
By Fred Kelly
fred.kelly@indystar.com
November 13, 2003
A former Indiana doctor says he was fired after he blew the whistle on a hospital that allowed Medicare and Medicaid recipients to use costly emergency room care for minor illnesses such as colds.
Taxpayers needlessly are paying for Medicaid and Medicare recipients to visit hospital emergency rooms for routine care, Dr. John Chomer says in a federal lawsuit, but after he tried to stop the visits at Logansport Memorial Hospital, he lost his job.
The outcome of his case could affect how Indiana hospitals deal with thousands of poor people who go to emergency rooms for illnesses such as sore throats, the flu and runny noses, attorneys and medical officials said. And no matter how the suit is resolved, it underscores a major flaw in the health care system.
"This is a big problem," said Bob Morr, vice president of the Indiana Hospital and Health Association. "The emergency room is the most expensive part of the health care delivery system. It is the most inappropriate place for people with the sniffles and sneezes."
Hospitals can do little to stop abuses by patients because federal law requires them to see anyone who comes into their emergency rooms, they said.
The Indianapolis Star could not reach Logansport Memorial Hospital or Logan Emergency Physicians officials for comment.
Their attorney, David Honig, called Chomer's allegations absurd and said they are based on a misunderstanding of the Medicaid billing system.
A 1986 federal law requires hospitals to assess any person who visits their emergency rooms, he noted, adding that Medicaid allows medical providers to bill the government for such assessments.
Indiana pays more than $23million annually through Medicaid for emergency room visits. Medicaid is a state-federal program for the needy. Medicare covers older Americans.
An ongoing study started recently by the state Family and Social Services Administration has found thousands of Medicaid recipients who have made "inappropriate" emergency room visits for minor illnesses.
Some of them have made repeated visits to the hospital, said John Barth, director of managed care programs for the state agency. He said it is not known how much the state spends on unnecessary emergency room trips.
In a lawsuit filed this spring in U.S. District Court, Chomer claims he was dismissed from his duties at Logansport Memorial Hospital after he tried to stop Medicaid and Medicare patients from coming to the emergency room for simple illnesses. He accuses the hospital of providing treatment in the emergency room even after doctors determined patients weren't facing a serious health problem.
Chomer's suit alleges that his firing by the hospital and Logan Emergency Physicians followed complaints he made to patients and after he reported abuses to the Family and Social Services Administration.
The firing, he argues, violated the state's whistle-blower protection act, which forbids employers from retaliating against employees reporting wrongdoing.
Logan Emergency Physicians, which also is named in the court action as a defendant, has a contract to provide doctors to Logansport Memorial Hospital.
Last week, U.S. District Judge Sarah Evans Barker rejected a motion by the hospital to have the suit dismissed. It will go to trial at a date to be determined.
Chomer, who now has a job in Florida, began work at the hospital in early 2002. Soon after, he told Medicaid and Medicare patients it was "inappropriate" for them to visit the emergency room for colds and other minor illnesses.
In the suit, Chomer, who declined to comment this week, claims that Logan Emergency Physicians President Lazo Krszenski warned him to stop deterring the patients.
Krszenski told him "(you) are taking money out of (the hospital's) pocket," the suit says.
In August, Chomer filed a complaint with the Family and Social Services Administration.
Krszenski warned Chomer never to file another complaint, the suit says. A short time later, Chomer was fired.
If Chomer wins the case, "every emergency room in America would have to change the way it operates," said Honig, the hospital's attorney. "Taken at face value, it would allow hospitals to determine that a patient doesn't need (care) and throw them out of the emergency room."
There is no way the hospital provided treatment to Medicaid and Medicare recipients to bolster its finances, he said, because treating them is not profitable.
But advocates for the poor say low-income residents often are forced to go to emergency rooms for routine care.
Many private physicians will not see Medicaid and Medicare recipients because the government does not reimburse them fully for the services, said Dr. Michael Carius, former president of the Dallas-based American College of Emergency Physicians.
Americans made 108 million emergency room visits in 2001, Carius said, compared with 95 million three years earlier.
About 9 percent of emergency visits are for "nonurgent" illnesses, reports the Centers for Disease Control and Prevention in Atlanta.
"The emergency room has become the safety net of the health care system," Carius said.
|
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------_=_NextPart_001_01C3B0A0.C8FC26D0-- From pottsbri@yahoo.com Sat Nov 22 17:04:05 2003 From: pottsbri@yahoo.com (CAL/AAEM News Service) Date: Sat, 22 Nov 2003 09:04:05 -0800 (PST) Subject: Medical Board Defines "High Risk" Specialties for Settlement Disclosure - EM is Medium Risk... See PDF Attachment Message-ID: <20031122170405.9658.qmail@web41311.mail.yahoo.com> --0-732887805-1069520645=:9105 Content-Type: multipart/alternative; boundary="0-1774449408-1069520645=:9105" --0-1774449408-1069520645=:9105 Content-Type: text/plain; charset=us-ascii The PDF file that is attached is safe to open. See the 3 categories. Interesting data... Antoine Kazzi A. Antoine Kazzi, MD, FAAEM CAL/AAEM Executive Director Vice-President, The American Academy of Emergency Medicine Vice-Chair, Department of Emergency Medicine University of California, Irvine -----Original Message----- From: cma_alert@cmanews.org [mailto:cma_alert@cmanews.org] Sent: Thursday, November 13, 2003 2:45 PM Medical Board Defines "High Risk" Specialties for Settlement Disclosure [Posted 11/13/03] For More Information ClickThe PDF file that is attached is safe to open.
See the 3 categories. Interesting data...
Antoine Kazzi
A. Antoine Kazzi, MD, FAAEM
CAL/AAEM Executive Director
Vice-President, The American Academy of Emergency Medicine Vice-Chair, Department of Emergency Medicine University of California, Irvine
-----Original Message-----
From: cma_alert@cmanews.org [
mailto:cma_alert@cmanews.org]Sent: Thursday, November 13, 2003 2:45 PM
Medical Board Defines "High Risk" Specialties for Settlement Disclosure
[Posted 11/13/03]
For More Information
Click <
http://www.calphys.org/assets/applets/high_low_comments.pdf> here to download a copy of CMA's comments.Click <
http://www.calphys.org/assets/applets/carrier_risk_data.pdf> here for CMA's chart of risk classifications.The Medical Board of California recently issued proposed regulations specifying which physician specialties would be classified as high risk and low risk under the malpractice settlement disclosure provisions of SB 1950.
SB 1950, signed by the governor last year, allows the board to disclose on its website when a physician in a low-risk specialty has three malpractice settlements above $30,000 in a 10-year period. For high-risk specialists, disclosure is allowed after four such settlements.
The board's initial proposal classified only neurosurgeons, plastic surgeons, and orthopedists as high-risk specialties. CMA, the Academy of Obstetrics and Gynecology, and the California Association of Physician Liability Insurers vigorously opposed this limited definition of high risk. CMA submitted to the board a chart of risk classifications, combining data from four malpractice insurance carriers, which indicated that obstetrics and any specialty that encompasses surgical procedures should be classified as high-risk specialties.
After considerable discussion, the board agreed to include obstetrics as a high-risk specialty, but did not add other surgical specialties. The amended proposal will be reissued for a 10-day comment period.
Contact: Sandra Bressler, 415/882-5171 or sbressler@cmanet.o <
mailto:sbressler@cmanet.org>![]() ![]() November 16, 2003For Middle Class, Health Insurance Becomes a Luxury
"I broke down earlier this year and went in and talked to a doctor about it," said Mr. Thornton, who lives in Sherman, about 60 miles north of Dallas. A barium X-ray cost him $130, and the radiologist another $70, expenses he charged to his credit cards. The doctor ordered other tests that Mr. Thornton simply could not afford. "I was supposed to go back after the X-ray results came, but I decided just to live with it for a while," he said. "I may just be a walking time bomb." Mr. Thornton, 41, left a stable job with good health coverage in 1998 for a higher salary at a dot-com company that went bust a few months later. Since then, he has worked on contract for various companies, including one that provided insurance until the project ended in 2000. "I failed to keep up the payments that would have been required to maintain my coverage," he said. "It was just too much money." Mr. Thornton is one of more than 43 million people in the United States who lack health insurance, and their numbers are rapidly increasing because of ever soaring cost and job losses. Many states, including Texas, are also cutting back on subsidies for health care, further increasing the number of people with no coverage. The majority of the uninsured are neither poor by official standards nor unemployed. They are accountants like Mr. Thornton, employees of small businesses, civil servants, single working mothers and those working part time or on contract. "Now it's hitting people who look like you and me, dress like you and me, drive nice cars and live in nice houses but can't afford $1,000 a month for health insurance for their families," said R. King Hillier, director of legislative relations for Harris County, which includes Houston. Paying for health insurance is becoming a middle-class problem, and not just here. "After paying for health insurance, you take home less than minimum wage," says a poster in New York City subways sponsored by Working Today, a nonprofit agency that offers health insurance to independent contractors in New York. "Welcome to middle-class poverty." In Southern California, 70,000 supermarket workers have been on strike for five weeks over plans to cut their health benefits. The insurance crisis is especially visible in Texas, which has the highest proportion of uninsured in the country — almost one in every four residents. The state has a large population of immigrants; its labor market is dominated by low-wage service sector jobs, and it has a higher than average number of small businesses, which are less likely to provide health benefits because they pay higher insurance costs than large companies. State cuts to subsidies for health insurance to help close a $10 billion budget gap will cost the state $500 million in federal matching money and are expected to further spur the rise in uninsured. In September, for example, more than half a million children enrolled in a state- and federal-subsidized insurance program lost dental, vision and most mental care coverage, and some 169,000 children will lose all insurance by 2005. "These were tough economic times that the legislature was dealing with, and the governor believed in setting the tone for the legislative session that the government must operate the way Texas families do and Texas businesses do and live within its means," said Kathy Walt, spokeswoman for Gov. Rick Perry. She noted that the legislature raised spending on health and human services by $1 billion this year, and that lawmakers passed two bills intended to make it easier for small businesses to provide health insurance for their employees. Those measures, however, will not help Theresa Pardo or other Texas residents like her who have to make tough choices about medical care they need but cannot afford. Ms. Pardo, a 29-year-old from Houston, said that having no insurance meant choosing between buying an inhaler for her 9-year-old asthmatic daughter or buying her a birthday present. The girl, Morgan, lost her state-subsidized insurance last month, and now her mother must pay $80 instead of $5 for the inhaler. Rent, car payments and insurance, day care and utilities cost Ms. Pardo more than $1,200 a month, leaving less than $200 for food, gas and other expenses. So even though her employer, the Harris County government, provides her with low-cost insurance, she cannot afford the $275 a month she would have to pay to add her daughter to her plan. When Morgan's dentist recently wanted to pull a tooth, Ms. Pardo hesitated. The tooth extraction proceeded, but: "I had to ask him, if you pull this tooth, will it cause other problems? Because if it does, I can't afford to deal with them." Lorenda Stevenson said her choice was between buying medicine to treat patches of peeling, flaking skin on her hands, arms and face and making sure her son could continue his after-school tennis program. "There's no way I will cut that out unless we don't have money for food," she said. Mrs. Stevenson's husband, Bill, lost his management job at WorldCom two years ago, when an accounting scandal forced the company into bankruptcy. They managed to pay $900 a month for Cobra, the government policy that allows workers to continue their coverage after they lose their jobs, but when the cost rose to $1,200, they could no longer afford it. When their son, a ninth grader, needed a physical and shot to take tennis, Mrs. Stevenson turned to the Rockwall Area Health Clinic, a nonprofit clinic in Rockwall, a city of 13,000 northeast of Dallas. The clinic charged her $20 instead of the $400 she estimated she would have paid at the doctor's office. "I sat filling out the paperwork and crying," she said, tears streaming down her face. "I was so embarrassed to bring him here." A salve to treat her skin condition costs $27, and she pays roughly $50 a month for medications for high blood pressure and hormones. She does without medication she needs for acid reflux, treating the conditions sporadically with samples from the clinic. Carol Johnston cannot afford even doctor visits. A single mother in Houston, she lost her job in health care administration in May and said she was still unemployed despite filling out 500 to 600 applications and attending countless job fairs. Cobra would have cost $214 a month, or more than one-fifth of the $1,028 in unemployment she gets a month. As it is, her monthly bills for rent, car, utilities and phone exceed her income. She got a 12-month deferral on her student loans, and Ford pushed her car payments back by two months. The Johnstons rely on television for entertainment and almost never use air-conditioning, despite Houston's muggy, hot climate. Now Ms. Johnston's 16-year-old son is losing the portion of his insurance that covered treatment for his learning and emotional disabilities because of state cutbacks. Ms. Johnston herself does not qualify for Medicaid, the government insurance program for the indigent, because her income is too high, the same reason she qualifies for only $10 a month in food stamps. "I worry, I worry so much about making sure my son is safe," she said. As for her own health, Ms. Johnston has two cysts in one breast and three in another but has had only one aspirated because she cannot afford to check on the others. "Do I have to move to Iraq to get help?" she asked. "They have $87 billion for folks over there," she said, referring to money Congress allocated for military operations and rebuilding. Experts warn that allowing health problems to fester is only going to increase the costs of health care for the uninsured. "As Americans, when are we going to realize it's cheaper to save them on the front end than when they get cancer and show up in the emergency room?" said Sandra B. Thurman, executive director of PediPlace, a nonprofit health clinic in Lewisville, Tex. Many hospitals and neighborhood clinics here say that the well-heeled are now joining the poor in seeking their care. Emergency rooms are particularly hard hit, since federal law requires them to treat anyone who walks through their doors for emergency treatment, regardless of whether they can pay. Public hospital emergency rooms are even harder hit, since private hospitals will move quickly to shift uninsured patients to them. And clinics for the poor are also seeing an increase in demand. A clinic run by Central Dallas Ministries charges patients $5 for a doctor visit, $10 for medication and $15 if laboratory work is needed, but often settles for no payment from many of the 3,500 patients it treats each year. "I'm not real optimistic it will get a lot better," said Larry Morris James, executive director of Central Dallas Ministries. "Demographic and economic trends tell you that it's probably going to get worse." For Irma Arellano, the problem has already hit home. Mrs. Arellano is a secretary in the Royse school district northeast of Dallas, which provides her health insurance for $35 a month but offers no discounts for her three children or husband. Two years ago, the Arellanos paid $269 a month to insure the family. The price jumped last year to $339 and this year to $780, more than their monthly mortgage payment. Her husband works for a small landscaping company that does not offer insurance. So Mrs. Arellano is insured, but her husband, Jose, and their three children — Jackie, 16; Joe, 15; and Anthony, 13 — are going without insurance. The Arellanos' income, which ranges from $2,800 to $3,200 a month, makes them ineligible for state-subsidized insurance. Their basic expenses run $2,000 a month or more. "I'm one of those people in the middle," Mrs. Arellano said. "We don't make enough to pay for insurance ourselves, but we make too much to qualify for CHIP," the government-subsidized program for children. So her children were recently at the Rockwall clinic for the physicals they need to participate in after-school sports, paying $25 instead of the $100 or more Mrs. Arellano would have paid at the doctor's office. The family has catastrophic insurance, but Mrs. Arellano is uncertain how much longer she can afford it. Mr. Arellano's income typically drops in the winter, and his wife is hoping the children will then qualify for the state insurance program. Even so, newly initiated regulations require families to reapply for the insurance every six months, rather than once a year, so they are not likely to qualify for long. "I'll take what I can get," Mrs. Arellano said. |
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AHA NEWS NOW Special Report
House passes Medicare Prescription Drug Bill conference report; AHA applauds
November 22, 2003
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After intense debate and a vote that lasted nearly three hours, the House voted 220-215 before dawn Saturday to approve the Medicare prescription drug bill conference report. Soon after, the AHA issued a statement describing the vote as "a step that America's hospitals applaud" and sent a bulletin to members urging them to contact their senators and urge passage.
"This legislation provides an historic addition to the Medicare program
- a long overdue prescription drug benefit," Executive Vice President Rick Pollack said in the AHA statement.
He added: "In America's hospitals, more than 4.7 million people go to work; more than 3 million babies are born; and more than 100 million people are treated for emergencies every year. This bill is vitally important for that care to continue. It provides significant relief for rural hospitals, eliminates reductions in payments to teaching hospitals, and provides much needed relief to hospitals that serve a large number of the poor and uninsured.
"We encourage Senate passage of this agreement that addresses important health care needs of the elderly while improving the underlying system upon which they depend," the statement concluded.
At roughly the same time as the AHA spoke out, the Senate began its debate on the measure Saturday morning. That chamber was expected to continue talking through the rest of the weekend and then vote late Monday.
Before House debate began Friday, the AHA sent a letter to all members of Congress urging them to pass the bill. It also has published several ads in Washington publications supporting the legislation.
Aside from numerous financial provisions affecting hospitals, the bills also includes language addressing concerns with CMS' proposed changes to the 75% Rule on Medicare inpatient rehabilitation facilities. Specifically, the conferees directed the Government Accounting Office to issue a report looking into how the rule must be updated, and urged the Secretary of HHS "to delay implementation of the rule ... until the report is finished."
For details on what's in the legislation and how the House voted, go to
http://www.aha.org and click on the "Medicare Prescription Drug Bill" icon on the home page.*****
Feel free to talk to AHA News Now's editors with your feedback, stories and
suggestions:
* Executive Editor: Jim Reiter, jreiter@aha.org, 202-626-2364
* Business Manager: Craig Webb, cwebb@healthforum.com, 202-662-2435
* Managing Editor: Mary Ann Costello, mcostello@healthforum.com, 312-893-6877
* For information on sponsoring AHA News Now, contact Agatha Abbinanti at aabbinanti@healthforum.com.
Visit AHA News Now and its print version, AHA News, at
http://www.ahanews.com/==================================
Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb.
AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.
-----Original Message-----
From: Kazzi, A. Antoine [
mailto:akazzi@uci.edu]To: Potts, Brian
Yes, it does. AAEM was able to get this inserted into the bill at the last minute...
Please call and send emails to your representatives. This is a great victory for EM, for the individual EPs, and puts an end to the effort of some powerful non-AAEM entities who tried, in the original draft in front of the Legislature, to get the reassignment of professional fees inserted into Medicare law to accommodate the needs and interests of contract holders and practice management groups.
That was why they met with the OIG...
Call and help us make this bill pass.
It is indeed a great victory for Fairness in EM and the result of AAEM's initiative.
Antoine Kazzi
-----Original Message-----
From: Potts, Brian
Dr. Kazzi,
"It provides physicians with unrestrictive access to billings submitted on their behalf by the entity with which they have contracted.".... Is this provision really part of the upcoming Medicare Bill? This would be an amazing step in efforts against the CMGs.
Brian
-----Original Message-----
From: calaaem-admin@uci.edu [
mailto:calaaem-admin@uci.edu] On Behalf Of Kazzi, A. AntoineSent: Monday, November 24, 2003 2:26 PM
To: CAL/AAEM News Service
Subject: FW: Take Action Now on Medicare Bill - *** MEDICARE BILL BEING DEBATED IN SENATE - CONTACT YOUR SENATOR NOW! ***
Importance: High
-----Original Message-----
From: AAEM [
mailto:info@aaem.org]Sent: Monday, November 24, 2003 2:25 PM
Subject: Take Action Now on Medicare Bill
*** MEDICARE BILL BEING DEBATED IN SENATE - CONTACT YOUR SENATOR NOW!
***
The Medicare Bill/Conference Report passed by the House Saturday morning contains three provisions on which AAEM has been actively lobbying:
- It blocks the 4.5% cut in physician payments and substitutes an increase of 1.5% in 2004 and 2005.
- It provides physicians with unrestrictive access to billings submitted on their behalf by the entity with which they have contracted.
- It contains $1 billion mandatory spending for hospitals, ambulances, and physicians providing services to illegal immigrants under an EMTALA related admission.
The Senate started its debate on the bill at about 12:30 p.m., today. Debate can not go longer than 30 hours at which time the vote will occur.
ACT NOW TO ENSURE PASSAGE OF THE MEDICARE CONFERENCE AGREEMENT BY THE SENATE! FAX or CALL your Senators TODAY! Ask them to adopt the Medicare Conference Agreement and pass H.R.1. PERSONALIZE YOUR MESSAGE. TELL YOUR CONGRESSIONAL DELEGATION HOW THESE ISSUES EFFECT YOU, YOUR PATIENTS, AND THE FACILITY IN WHICH YOU WORK.
Should you choose to call your Senators (Go to the AAEM Legislative Action Center for individual office phone numbers.), please highlight the following in your conversation:
**You are a constituent and an emergency medicine physician. **The status quo is unacceptable to patients and their physicians.
**The Conference Report includes numerous provisions that will improve seniors' access to medical services as well as provide critical support to
the emergency medical community.
**You strongly advocate the Senate's adoption of the Medicare Prescription Drug and Modernization Act's Conference Report.
Go to AAEM's Legislative Action Center for detailed information, and all the contact information you will need. To access the Action Center, go to the AAEM homepage <
www.aaem.org> and then click on "Legislative Action Center."When you are on the Action Center's homepage, please take the time to sign up for AAEM's "E-Mail Alerts." These "Alerts" will provide you with strategic information to affect key policy issues of concern to emergency medicine.
This e-mail/fax message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail/fax and destroy all copies of the original message.
_______________________________________________
List-Info:
https://maillists.uci.edu/mailman/listinfo/calaaem![]() ![]() November 18, 2003Flu Vaccine Faces Unexpected Strain
The reason is that animal studies suggest that the strains of virus included in the vaccine are close enough to the new one that the vaccine will still protect, said the official, Dr. Julie L. Gerberding, the director of the Centers for Disease Control and Prevention in Atlanta. Still, she warned, the United States could face a severe epidemic this year, given that the flu season began unusually early and has hit Texas and Colorado particularly hard. "It's a little too early to say whether or not this portends the worst flu season we have had in a long time," Dr. Gerberding said in a telephone news conference. Her agency is responsible for tracking and controlling influenza and other infectious diseases. She said she was "sounding the alarm" to urge more people to get flu shots to "nip this problem in the bud." The center does not know how many people have received flu shots this season. "People have the impression we are doing better this year than last year, but we do not have the data to back that up at this point in time," she said. The flu vaccine includes three strains of influenza virus, but was not designed to protect against a new one that has appeared in a number of countries over the last year. It is known as the Fujian strain, a variant of the Panama strain that is included in the current vaccine. Both are categorized as H3N2 strains that have been linked to higher rates of serious illness requiring admission to a hospital and to death, Dr. Gerberding said. Each year, influenza causes 114,000 hospital admissions and 36,000 deaths. The influenza virus mutates frequently. Health officials change the strains of virus put in the flu vaccine each year as they try to keep up with mutations. But matching strains in the vaccine with those circulating among humans during a flu season is a notoriously unpredictable exercise. The World Health Organization committee that makes the recommendations for the flu vaccine knew about the Fujian strain in February, said Dr. Klaus Stöhr, an influenza expert at the organization. But Dr. Stöhr said in a recent interview that the committee decided not to include the Fujian strain because scientists could not make it pure enough in time for a human vaccine. The flu vaccine is prepared in eggs. Decisions about the components of the vaccine have to be made months in advance in part because manufacturers and farmers need to know how many eggs to prepare in anticipation of demand. Influenza typically occurs during the winter in each hemisphere, and the vaccines are prepared at different times. The vaccine being prepared for use in the Southern Hemisphere will include the Fujian strain, Dr. Stöhr said. "There may be less than optimal protection against H3N2" in the Northern Hemisphere, "but no vaccine failure has been reported" there, he said. "So there is no reason to discourage people from getting vaccinated." Dr. Gerberding said it was common for the circulating influenza to gradually change genetically — known as "drift" — as it spread to infect more people. Tests at the center found that 84 percent of the 55 strains of influenza virus isolated this fall are the Fujian strain, Dr. Gerberding said. But she emphasized that protection could still occur even without a perfect match. Dr. Gerberding said that an earlier than usual onset of the flu had occurred in some European countries but that "this is not a pandemic." |
-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]Sent: Tuesday, November 25, 2003 10:34 AM
Senate Passes Medicare Legislation 54-44; President Bush Expected to Sign
11/25/2003
The Senate on Tuesday morning voted 54-44 to approve a bill (HR 1 <
http://thomas.loc.gov/cgi-bin/query/z?c108:h.r.1:> ) that would add a prescription drug benefit to Medicare as "part of the biggest revision in the program since it was created in 1965," the <http://www.nytimes.com/2003/11/25/politics/25CND-MEDI.html?hp> New York Times reports. The bill now goes to President Bush, who has said he will sign it into law (Pear/Hulse, New York Times, 11/25). The vote came after the Senate on Monday in two separate votes ended a filibuster and then defeated a measure to delay the bill over budget concerns (Kuhnhenn, <http://www.philly.com/mld/inquirer/news/nation/7342811.htm> Philadelphia Inquirer, 11/25). The Senate on Monday voted 70-29 to end a filibuster led by Sen. Edward Kennedy (D-Mass.) and supported by some Democrats and a "handful" of Republicans, the <http://www.washingtonpost.com/wp-dyn/articles/A12583-2003Nov25.html> Washington Post reports (Dewar/Goldstein, Washington Post, 11/25). In the roll call, 22 Democrats, 47 Republicans and Independent Sen. James Jeffords (Vt.) voted to end the filibuster and invoke cloture on the bill, CongressDaily reports. Three Republicans -- Sens. Lincoln Chafee (R.I.), Chuck Hagel (Neb.) and John McCain (Ariz.) -- voted to continue the filibuster; Sen. Richard Shelby (R-Ala.) was the only absentee (CongressDaily, 11/25). Democrats then called for a vote to st! op the bill over allegations that it violates congressional budget rules because it allows for more spending in fiscal year 2004 than was allocated in the 2004 budget and that it violates committee jurisdiction rules, the <http://www.washingtontimes.com/national/20031124-112318-1208r.htm> Washington Times reports (Fagan, Washington Times, 11/25). The 61-39 vote to exempt the bill from the budget rules, which needed 60 votes to pass, came only after Sens. Trent Lott (R-Miss.), Lindsey Graham (R-S.C.) and Ron Wyden (D-Ore.) changed their votes, according to the Post (Washington Post, 11/25). In all, 49 Republicans, 11 Democrats and Jeffords voted to waive the Budget Act rules (CongressDaily, 11/25). The House, after a three-hour roll call vote, early Saturday morning approved the legislation in a 220-215 vote largely along party lines ( http://www.californiahealthline.org/members/basecontent.asp?contentid=50347&collectionid=3&program=1 California Healthline, 11/24). President Bush on Monday said, "It's time to modernize Medicare and make the system better. It will enable us to help millions of seniors."
Proponents Hail Legislation
Senate Majority Leader Bill Frist (R-Tenn.) said, "For the first time under Medicare, 40 million seniors and individuals with disabilities will finally have the prescription drug coverage they need and the Medicare choices they deserve" (New York Times, 11/25). HHS <
http://www.hhs.gov/> Secretary Tommy Thompson, who was present in both the House and Senate during votes to lobby legislators to support the bill, said, "We are right there for a touchdown for our seniors all across America" (Hirschfeld Davis, Baltimore http://www.sunspot.net/news/nationworld/bal-te.medicare25nov25,0,4500463.story?coll=bal-home-headlines! A> Sun, 11/25). Sen. John Breaux (D-La.), who along with Sen. Max Baucus (D-Mont.) was one of the two Democrats involved in the conference committee, said, "I think we have a once-in-a-lifetime opportunity today to complete our work on this bipartisan Medicare bill." Bill Novelli, executive director of AARP <http://www.aarp.org/> , which supports the bill, said that "this bill is going to go a long way to help" the United States prepare for an increasing number of residents ages 65 and older (Lipman, http://www.ajc.com/tuesday/content/epaper/editions/tuesday/news_f33c201e565b62db0006.html Palm Beach Post/Atlanta Journal-Constitution, 1! 1/25).
Opponents Vow To Continue Objections
Democrats who had opposed the bill said they would continue to fight the bill through alternate measures, the
http://www.latimes.com/news/nationworld/nation/la-na-medicare25nov25,1,2788481.story?coll=la-home-headlines Los Angeles Times reports (Kemper, Los Angeles Times, 11/25). Senate Minority Leader Tom Daschle (D-S.D.) said, "This is the beginning of the end; it is not the end. We will see many, many more votes. I predict that we will be back within the next 12 months. Seniors will demand that we respond to the many deficiencies of this bill, and they will not rest until we address them" (New York Times, 11/25). Kennedy said the bill "starts the unraveling of the Medicare system" (Heldt Powell, <! http://news.bostonherald.com/national/national.bg?articleid=43> Boston Herald, 11/25). Sen. Debbie Stabenow (D-Mich.) said that although supporters have called the bill a first step, "it's a first step off a cliff" (Barfield Berry, Long Island Newsday, 11/25). Some Republicans in the Senate opposed the bill, which they said includes "huge, perpetual annual expenditures," the http://www.chicagotribune.com/news/nationworld/chi-0311250257nov25,1,7688374.story?coll=chi-newsnationworld-hed Chicago Tribune reports (Zuckman, Chicago Tribune, 11/25). McCain said, "It's like the ancient! medieval practice of leeching. Every special interest is attaching itself to this bill and bleeding Medicare dry" (Long Island Newsday, 11/25). Sen. Bill Nelson (D-Fla.) said he plans to introduce legislation that would allow Medicare to negotiate prescription drug prices with pharmaceutical manufacturers (Los Angeles Times, 11/25). The current legislation prohibits the federal government from using bulk purchasing techniques to bargain with drug makers "in order to promote competition" (California Healthline, 11/24).
Future
Although the legislation will likely be signed into law, the "lack of consensus" over some issues -- in particular a 2010 pilot program in which private insurers would directly compete with Medicare in six metropolitan areas -- will "make it harder to reach the compromises that will be needed to put the bill into action in coming years," the Wall Street Journal reports. Thomas Mann, a congressional scholar at the Brookings Institution <
http://www.brook.edu/> , said, "[W]hen this passes, it will be the beginning of a massive political struggle to define the meaning of this bill. Rather than resolve something, it will keep it very much in play. The outcome of subsequent elections will have a tremendous impact." Some Republican lawmakers have said they want to re-examine cost-containment measures in the bill, while Democrats "already vow they will reopen the legislation soo! n," according to the Journal. Daschle said, "There will be efforts to go back over and over again" to make the prescription drug benefit more generous. Kennedy said opponents will "fight [the legislation] in the congressional elections and in presidential elections as well." While Democrats "have been longtime supporters of a Medicare drug benefit," the current legislation is "viewed as a Republican product -- and Republicans plan to take full credit in the next year's campaign," the Journal reports. CMS <http://www.cms.gov/> Administrator Tom Scully said, "This thing is always a work in progress. Unfortunately, it's a politicized issue. ... The fact is, a lot of this is politics, not substance. You've got conservative Republicans who don't like it, you've got liberal Democrats who don't like it" (McGinley et al., Wall Street Journal, 11/25).-----Original Message-----
From: California Healthline [
mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM]
Impact of Medicare Legislation Examined
11/25/2003
The Medicare legislation (HR 1 <
http://thomas.loc.gov/cgi-bin/query/z?c108:h.r.1:> ) approved by the House and Senate this week will have an impact on beneficiaries, the drug industry and the 2004 campaigns of Democrats and Republicans, http://www.usatoday.com/money/industries/health/2003-11-25-medicare-side2_x.htm USA Today reports. The following summarizes media coverage analyzing the impact of the legislation.
Beneficiaries
Analysts say the bill would "aid millions of seniors nationwide" in paying for prescription drugs, but the "degree to which it would help varies from one person to another," the
http://www.orlandosentinel.com/news/nationworld/orl-asecmedicareimpact25112503nov25,1,1130317.story Orlando Sentinel reports (Suriano/Kunerth, Orlando Sentinel, 11/25). Under the legislation, relatively healthy seniors "could actually find their drug expenses increase," but "many seniors, especially those who are seriously ill or suffer chronic conditions," would see their expenses drop, according to the Wall Street Journal. However, the plan would "require seniors to become much more savvy consumers," the Journal reports (Lueck, Wall Street! Journal, 11/25). Some seniors say they do not understand all the provisions in the bill and whether they would benefit under the legislation (Mondics, <http://www.philly.com/mld/philly/news/7342794.htm> Philadelphia Inquirer, 11/25). According to an AARP <http://www.aarp.org/> survey released last week, 75% of its members supported the measure, but polls performed by other groups found that about 50% of seniors opposed the plan after learning its details (Martelle/Goldman, http://www.latimes.com/news/nationworld/nation/la-na-seniors25nov25,1,1661746.story Los Angeles Times, 11/25).
Drug Industry
With the passage of the Medicare legislation, the drug industry appears "on the cusp of an enormous victory, gained in part by millions in political donations and an expensive lobbying campaign," the <
http://www.nytimes.com/2003/11/25/politics/25DRUG.html> New York Times reports (Harris, New York Times, 11/25). Under the plan, the industry would "reap a multibillion bonanza in the form of millions of new customers and limits on foreign competition," according to Long Island http://www.newsday.com/business/local/newyork/ny-bzmedi253558654nov25,0,7056167.story Newsday. Of the 40 million Medicare beneficiaries, 10 million currently have no drug coverage; by offering a drug benefit, consumption would increase. The bill is also favorable to the drug industry because it would require a safety certification from HHS before allowing the reimportation of U.S.-made prescription drugs from Canada by U.S residents. HHS Secretary Tommy Thompson has said he is not likely to do so. The bill also would prohibit price controls on the drugs, a move that the industry supports (Toedtman, Long Island Newsday, 11/25). However, "some investors already are starting to fret" about the bill's long-term side effects, including the possibility that the drug industry could become "very subject to the whims of Congress," the Wall Street Journal reports (Hensley et al., Wall Street Journal, 11/25). In addition, drug makers still face pressure to reduce the prices of their treatments, and some drug executives predict the additional sales volume will be balanced by discounts they will have to pr! ovide to health plans and insurers that negotiate prices (Harris, New York Times, 11/25).
Political Campaigns
President Bush's "bid to break the historic political alliance between Democrats and senior citizens" could affect the 2004 elections and "perhaps long-term partisan patterns in this country," the <
http://www.washingtonpost.com/wp-dyn/articles/A11573-2003Nov24.html> Washington Post reports. However, the effect of the legislation remains "difficult to predict," according to the Post (Broder/Connolly, Washington Post, 11/25). Officials from both parties have said they will use the Medicare bill to "clobber the opposition" during 2004 congressional races, the <http://www.hillnews.com/campaign/112503_medicare.aspx> The Hill reports (Savodnik, The Hill, 11/25). Republican strategists are "convinced! " that they have reached a "transformational moment in American politics, creating a historic improvement for a constituency that Democrats had long claimed as their own," the <http://www.nytimes.com/2003/11/25/politics/25ASSE.html> New York Times reports (Toner, New York Times, 11/25). The legislation could hurt Democrats, who have previously "slammed Republicans for failing to produce a prescription drug benefit," and could "inoculate[e]" the GOP from "accusations that it doesn't care about seniors," according to The Hill (The Hill, 11/25). However, Democrats expect that seniors will be "sorely disappointed when they realized the limits of the new coverage and the complexity of the system," according to the Times (New York Times, 11/25). Because the House vote is "likely to affect congressional races across the country next year," incumbent Demo! crats in the House who won their seats by slim margins in the last election "weighed their options carefully before voting yea or nay" and conservatives who were "torn between politics and principle" tried to demonstrate that they had "extracted concessions" from Republican leaders, according to The Hill (The Hill, 11/25).