ACC
Unites with Specialty Societies to Kick off National Medical
Liability Reform Campaign
On Feb. 10, a coalition of physician specialty organizations
called Doctors for Medical Liability Reform (DMLR) kicked
off a hard-hitting national public education campaign in an
effort to win passage of medical liability reform legislation
in the Senate. Last week, DMLR began airing 30-minute news
magazines on network and cable television in North Carolina
and Washington State. The news magazines include interviews
from physicians and patients who have been hard hit by the
liability crisis in those two states. Speaking at the DMLR
press conference in Washington, D.C., Jerry Kennett, MD, FACC,
called the current medical liability environment a "no-win
situation" for physicians and patients. "We are
losing the best of what American medicine has to offer –
experienced physicians who are being forced out of practice
all because of a medical liability system that is out of control,"
said
Kennett. In addition to paid media advertising, DMLR has
also launched a grassroots initiative called "Protect
Patients Now." Last week, ACC President Carl
J. Pepine called upon all ACC members to get involved
in this important initiative – whether they reside in
states considered in crisis now or not. To watch a replay
of the DMLR press conference, go to http://www.connectlive.com/events/dmlr.
The DMLR newsmagazines can be viewed or downloaded from www.protectpatientsnow.org.
ACC
Approves Targeted Approach on Liability Reform
On February 23, the Senate will bring to the floor for debate
a medical liability reform bill (S. 2061) that would provide
lawsuit protections, including a $250,000 cap on noneconomic
damages, for obstetricians and gynecologists only. The reforms
included in S. 2061, introduced by Sens. Judd Gregg (R-N.H.)
and John Ensign (R-Nev.), are nearly identical to the medical
liability bill passed by the House last year, with the exception
that it would only apply to obstetric and gynecologic services.
The ACC, and a number of other physician specialty organizations,
have endorsed the Republican Senate leadership’s strategy
of moving medical liability reform legislation incrementally
and will advocate passage of S. 2061. However, ACC will continue
to call for the enactment of federal medical liability protections
for all patients and all physicians. Senate Republicans attempted
to bring a comprehensive medical liability reform bill to
the floor in 2003, but that effort was defeated by a vote
of 49-48, well short of the 60 votes needed to proceed.
"White Coat" Rally in
Virginia
On Feb. 4 several thousand physicians marched on the Virginia
state capitol to make the case for medical liability reform
to the state legislature. The White Coat March was designed
to educate state lawmakers on how skyrocketing medical liability
insurance premiums and huge jury awards are causing many physicians
to shut their doors, especially in rural areas. The physicians
marched in support of two bills introduced by Virginia Sen.
Stephen D. Newman (R-Lynchburg) that would create some of the
toughest medical liability reforms in the country. SB 601 would
limit non-economic awards to $250,000 (the state's current cap
for all damages is $1.7 million), and SB 415 would reduce the
fees of plaintiffs' lawyers by as much as 40 percent. U.S. Rep.
Eric Cantor (R-VA) submitted a statement in support of the rally
into the Feb. 4 Congressional
Record.
ACC
CEO Chris McEntee Briefs Capitol Hill Staff on Value of Health
Care Investments Study
On February 12, ACC CEO Chris McEntee served as spokesperson
at a congressional briefing on the newly released MEDTAP International
study, "The Value of Investment of Health Care: Better
Care, Better Lives." The
study, commissioned by the ACC and six other leading health
care organizations, shows that for each dollar invested in
health care, society has received a $2.40 to $3.00 return
in health benefits. Congressional Medical Technology Caucus
chairpersons Senator Norm Coleman (R-MN) and Reps. Jim Ramstad
(R-MN) and Anna Eshoo (D-CA) participated in the briefing
and voiced their support for innovation in medical technology
as a key contributing factor to heightened health care cost
effectiveness and efficiency. FDA Commissioner Mark McClellan,
also in attendance, hailed the value of health care made possible
by a fine balance of biomedical innovation and affordable
technology. For more information on this study please contact
ACC Advocacy at 800-435-9203.
Health Care Costs and Medical Liability
Reform Top the Senate’s Agenda
Senate Majority Leader Bill Frist told reporters that he expects
Congress to attempt to expand
health care coverage to the uninsured in 2004. Frist does
not believe that 100% universal coverage is possible, offering
his home state of Tennessee as an example of how the effort
can almost bankrupt a state. Still, he acknowledges that there
will undoubtedly be some expansion of coverage this year. The
majority leader said he would again try to limit awards in medical
malpractice cases but would take a new tack, relief to specific
types of health care providers like obstetricians and trauma
services. The House passed a bill last year (H.R. 5) that would
limit payments for non-economic damages to $250,000, but Frist
indicated that he was not fixed on one single number for a cap.
FTC Challenges Hospital and Physician Group
Mergers
For the first time in six years, the Federal
Trade Commission (FTC) is challenging a hospital merger.
The FTC is charging that Northwestern Healthcare, a three-hospital
group in Evanston, Ill., violated federal antitrust laws through
its 2000 acquisition of Highland Park Hospital. The FTC is seeking
an order requiring Evanston Northwestern to divest Highland
Park. When Highland Park merged with Evanston Northwestern's
Glenbrook Hospital, both organizations' physician groups also
merged. As part of its complaint, the FTC asks for an order
requiring Evanston Northwestern to refrain from setting prices
for physicians not employed by the faculty practice.
ACC Sponsors Annual Kick Butts
Day
The ACC is proud to announce its participation in the Campaign
for Tobacco-Free Kids’ ninth annual Kick
Butts Day. On March 31, advocates in the fight against tobacco
from around the country will join forces to help Americans kick
the deadly habit of tobacco use. The Kick Butts Day motto is
"STAND OUT...SPEAK UP...and SEIZE CONTROL in the fight
against Big Tobacco." ACC members are encouraged to boost
their patient education efforts about the dangers of tobacco
use and the benefits of quitting. Go to www.kickbuttsday.org
for patient education materials or contact Melissa Stamps in
the ACC Advocacy Division at 1-800-435-9203.
Medicare’s Aggressive Review
of Off-label Usage
The The Centers for Medicare and Medicaid Services (CMS) will
be conducting more clinical reviews to guide whether Medicare
pays for drugs, particularly off-label uses of the drugs. Although
Medicare has traditionally covered prescriptions based on a
physician's judgment, the agency is beginning to demand evidence
of health benefits in response to expensive cutting-edge treatments,
more off-label prescribing, and marketing abuses by drug companies.
In 2006, as specified in the recently enacted Medicare bill,
CMS may have even more clout as it weighs health claims to determine
if drugs are fairly or unfairly excluded from coverage lists
maintained by prescription contractors. Dr. Sean Tunis, chief
health officer at CMS, has stated his support of another form
of review that could be used in the future: trials within a
class of similar drugs to see which brand or generic is the
most cost-effective. Results would then guide reimbursement
rates. The subsequent limitations would be similar to those
set currently by private health insurers. [Boston Globe,
Feb. 10, 2004]
Be
sure to attend the ACC health policy symposium on off-label
use of drugs and devices. The FDA will address off label use
and promotion, CMS will discuss payment for off-label use,
and the FTC will discuss deception in advertising and how
the FTC expects physicians to support claims made to patients,
regardless of whether a drug or device is approved or is used
in an off-label manner; all at the ACC Health Symposium,
March 9, 10:30 a.m. to 12 noon, Room 254, Morial Convention
Center, New Orleans.
Advocacy
Weekly is a product of the Advocacy Division of the American
College of Cardiology. Questions or comments regarding this
publication should be directed to the Advocacy Division at 800-435-9203
or to advocacydiv@acc.org. |
