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Showing posts with label reform. Show all posts
Showing posts with label reform. Show all posts

Saturday, December 12, 2009

Maryland and Georgia Shine a Spotlight on Tort Reform

/24-7/ Tort reform is a perpetually relevant and constantly debated issue, mostly because there seems to be no static, easily-applied answer.

Proponents of capped, non-economic liability suits claim:
-Uncapped suits result in higher insurance costs for doctors, which lead to a lack of specialists in states with no caps. Essentially, doctors don't want to practice there.
-Uncapped suits also lead to higher insurance costs for consumers, as the higher cost for doctors is transferred down.

Opponents of capped, non-economic liability suits argue that:
-Capped suits are unfair to patients who have the most to lose. By imposing caps, we inadvertently punish those facing the most suffering, but with smaller economic implications.
-In addition, judges have the ability to limit monetary awards that balloon out of proportion. Therefore, caps limit the ability of the court to serve its purpose.

Currently the Georgia Supreme Court is hearing arguments over the state's $350,000 medical liability cap. In February, a county judge ruled that the non-economic damage cap was unconstitutional, as it cut across the court's right to determine awards. Judge Diane E. Bessen went on to say that the cap violated equal patient protection by disproportionately impacting those with more severe injuries.

Meanwhile, in Maryland, the court of appeals will hear arguments on whether liability caps should pertain only to cases resolved in arbitration. Supporters of the cap argue that this move would simply result in more court cases. Cap opponents hold that a "one-size-fits-all" approach is no solution and that more serious cases deserve higher judgments.

Over 20 states currently employ medical liability caps, including Kansas which, at $250,000, is one of the lowest.

While tort reform and medical liability caps remain a hot button in the healthcare debate, more and more data points to the fact that liability claims may not be as large a factor in healthcare costs as commonly thought. Estimates put it at about two or three percent of the entire U.S. healthcare bill.

Still, it's an easy target.

In 2004, the Rand Institute for Civil Justice released a study examining the effects of California's Medical Injury Compensation Reform Act (MICRA), which was launched in 1975. The study found that those most affected by MICRA were individuals that suffered fewer economic damages, but faced a high amount of pain and loss in quality of life.

In other words, if you suffered an injury which did not impact you very much financially, but severely decreased your quality of life (say, you can no longer lift your arms above your head) you would be more susceptible to the cap.

Tort reform is a highly-emotional issue, for doctors, patients, lawyers and all those concerned about the future of healthcare. The cases in Georgia and Maryland certainly mark important decisions for both states, indeed, they may help to set a precedent that echoes across the country.

Article provided by Warner Law Offices PA

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Wednesday, September 9, 2009

Family Research Council Action to Host National Townhall Webcast on Health Care Reform

www.frcaction.org/webcast
"National Townhall on Health Care Reform"
Thursday, September 10 at 8:30 p.m. ET

/PRNewswire/ -- On Thursday, September 10 at 8:30 p.m. ET, FRC Action, the legislative lobbying arm of Family Research Council, will host a special one hour "National Townhall on Health Care Reform" Webcast. FRC Action President Tony Perkins will be joined by Congressional leaders and policy experts to discuss the moral, ethical, and financial dangers of President Obama's health care plan.

Webcast viewers will be able to:
* get their questions answered.
* dissect the dangers inherent in the President's proposed plan.
* and examine the life and death implications this will have for themselves and their loved ones

Who: Tony Perkins, President, FRC Action
Senator Jim DeMint (R-SC)
House Republican Leader John Boehner (R-OH)
Rep. Charles Boustany (R-LA)
Rep. Chris Smith (R-NJ)
Ken Blackwell, former Ohio Secretary of State
Cathy Ruse, Senior Fellow for Legal Studies, Family Research Council
Bishop Harry Jackson, Senior Pastor, Hope Christian Church
Wesley J. Smith, renowned ethicist
Mat Staver, Liberty Counsel
Dr. David Prentice, Senior Fellow for Life Sciences, Family Research Council
Tom McClusky, Senior Vice President, FRC Action



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Wednesday, August 12, 2009

Members of Over 71 Million U.S. Households Ignored by Universal Healthcare

/PRNewswire/ -- The following is being issued by PetMedicationCard.com, Inc.:

Here are the facts, most Americans have health care insurance (140 million have either Medicare or Medicaid plus 110 million are in private payer insured plans, which equal 250 million insured), and only 10 million of the estimated 50 million uninsured which have uncovered healthcare claim expenses. Put in terms of percentages, 20% of the 50 million claimants (or 3.25% of the entire population of the United States) don't have health insurance and don't pay their healthcare expenses.

On the other hand, more than 71 million U.S. households have livestock and pets that have no health care plan, no insurance and no prescription drug coverage. These uninsured animals are many times original sources of disease and illnesses such as mad cow disease, aids, swine flu, bird flu and other diseases. To humans these uninsured animals' healthcare is a vital component of maintaining the health of mankind. The case for universal health coverage for livestock animals and pets is therefore a compelling one. Universally covering our livestock animals and pets first would allow the government to work out real savings in healthcare for citizens.

"The primary reason human healthcare costs are so high for the insured population is cost shifting," says Rex Bowden, President of PetMedicationCard.com. "Cost shifting occurs when Medicare, Medicaid and the under-insured shift real costs to the private insured. Put another way, 60% of all medical expenses which are caused by the cost shifting groups are paid based on the federal government's payment schedule (meaning they are paid at less than the actual cost). The discrepancies in these costs are then shifted to the private sector and result in 110 million insured Americans paying their own medical costs and the cost of care not paid by the government's reduced payment schedule for Medicaid and Medicare. The proposed universal healthcare bills on both sides of the aisles will increase costs, increase government controls, shift the cheese to a different group, reduce medical miracles and sadly will not improve healthcare in America." In an example of health care run by governments, the MRI wait time in Canada can be up to 6 months for humans, but if your animal needs a MRI it is scheduled for the same day as ordered.

The 2009 / 2010 National Pet Owners Survey exposes the breadth of the healthcare problem for pets and livestock (and therefore the Americans in contact with them) -- 71.4 million households would have at least one uninsured pet, animal, or livestock. Universal healthcare for these animals would save human consumers money by reducing transmission of animal borne illness. It is estimated humans currently spend $12.2 billion annually on pet vet expenditures (according to the American Pet Products Association). By implementing some of the proposed cost savings ideas proposed for humans on animals many of these expenses could be reduced thereby reducing the source of illness and the associated costs.

One of the proposed ideas for humans for cost saving mandated by the federal government is to get end of life savings reductions by counseling people not to go through the all out life saving methods and expenses when humans lives are coming to an end. This is called euthanasia in the animal kingdom, and instant death administered by the veterinarians which has saved pet owners and all livestock owners money. However, this methodology has also shortened the lives of many animals and pets. The case for universal healthcare for these animals is that with universal coverage, the quality of that life would have been better, and they would have lived longer healthier lives.

"Universal coverage would allow for better preventative care," says Bowden. "We think about good health practices such as keeping our blood pressure in check when it comes to ourselves, but we owe it to our pets and livestock to keep them healthy as well. Sometimes pet medications just aren't affordable. Would we place our kids or our parents to the curb for getting sick? Unlikely, but that's exactly what happens to sick pets when their owners can't afford to get them the medications they need -- or worse.

The CDC's National Center for Infectious Diseases gives Americans reason to visit www.PetMedicationCard.com. In "Healthy Pets Healthy People, they remind citizens that even an innocent-looking favorite pig, chicken, cow and even my cat can carry the plague. Unlikely," says Bowden, "but sometimes a little bit of reality-based fear is exactly what people need to realize the dangers of doing nothing. By not thinking about healthcare costs for the millions of pets out there, people are potentially putting themselves at risk for minor to serious conditions, disease and infections -- and isn't prevention a priority in cutting our own healthcare costs?"

Americans can start protecting their pets immediately with a free pet medication card from www.PetMedicationCard.com. The free card can be printed from the website after filling out a short form, and is eligible at more than 52,000 pharmacies nationwide. With savings as high as 75% on retail prices of prescription pet medications, Americans may wonder exactly what Washington is waiting for when their pets can get better, and cheaper, coverage than themselves. Or they can stop wondering and use the free card for their own (human) prescription drugs as well, saving an average of 40% without enrolling in any complicated or costly programs.

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