Medical Liability Bill
Passes House—Again
Like pouring salt in an open wound, the U.S. House
of Representatives last week passed medical liability reform
legislation again for the eighth time since 1995 in an effort
to exert pressure on the Senate to do the same. H.R. 4280,
the "Medical Malpractice Liability Limitation Act"
passed the House by a vote of 229 to 197. The outcome of the
vote closely mirrored a vote a year ago on an identical bill,
H.R. 5, both of which are supported by the ACC. It is possible
that the Senate, which has already considered medical liability
reform legislation twice this year, will hold a third vote
later this year.
ACC
Member Testifies on Chronic Care Improvement Program
On May 11, on behalf of the ACC, Janet Wright, MD, of California,
testified before the House Ways and Means Health Subcommittee
in support of the voluntary Chronic Care Improvement Program
(CCIP), which was created under the recently enacted "Medicare
Prescription Drug and Modernization Act." "Health
care has metamorphosed; health care delivery systems have not,"
said Wright, who pointed to disease management program models
as the solution to correcting the U.S. health care system’s
ills and referred to the cardiac rehabilitation disease management
(CR/DM) model as one of the original, and highly effective,
disease management programs. The CCIP would incorporate many
features from the CR/DM model and set in motion a new direction
in health care, fostering quality medical care that will lead
to better financial, satisfaction, and clinical outcomes, said
Wright. To view the complete testimony, click
here.
Congressional
Field Hearing on Medical Liability Reform Held in Chicago
On May 10 in Chicago, ACC member Jay Alexander, MD, delivered
an urgent appeal for medical liability reform during a field
hearing held by Rep. Mark Kirk, R-Ill. Alexander testified
that liability premiums for his 15-member practice have risen
from $230,000 to $1.1 million in just two years and that they
consider themselves fortunate as many physicians in Illinois
face non-renewals and have little prospects of obtain insurance
today. Offering some hard-hitting words to Illinois politicians,
Alexander said "The Illinois Legislature and its leadership
is paralyzed by special interest commitments to the trial
lawyers of this state focusing solely on insurance reforms
and physician errors ignoring over 75% 0f Illinoisans and
Americans who believe that we need tort reform now."
Also testifying was neurosurgeon Gail
Rosseau, M.D., on behalf of Doctors for Medical Liability
Reform. Rosseau stressed that lack of medical liability reform
is creating a vacuum of accessible medical care in many states,
including Illinois. Since 2002, insurance rates with the state's
largest insurer have increased 50 percent and have driven
physicians out of the state. For example, 63 percent of the
state's OB-GYNs have changed their practices, some moving
out of state or quitting altogether. Rosseau commended the
House of Representatives for passing strong medical liability
reform but criticized the handful of primarily Senate Democrats
who have repeatedly blocked reform legislation in the Senate.
Brailer
Appointed as Health Information Technology Coordinator
Speaking at a health information technology summit on May
6, Secretary of Health and Human Services (HHS) Tommy Thompson
introduced David J. Brailer, MD, Ph.D, a senior fellow at
the California-based Health Technology Center and former chair
and CEO of the Pennsylvania-based CareScience, as the new
national Health Information Technology (HIT) Coordinator.
Brailer will report directly to Thompson. Dr. Brailer, viewed
as being well-suited to the position with his background and
degrees in both medicine and management, will focus first
on the development of incentives in Medicare and other HHS
programs to encourage the private sector to implement an electronic
medical record system, said Thompson. The office of the HIT
coordinator is expected to be operational within three months.
Kerry
Gears Health Plan Toward Small Businesses
Prospective Democratic presidential candidate Sen. John F.
Kerry has outlined his health care proposals, detailing how
he would reduce the costs of health coverage for small-business
owners and their employees. Kerry explained that he plans
to offer a mix of tax breaks and government assistance for
small employers in return for their lowering the health coverage
costs to their employees. Kerry also proposes to allow small-business
owners to buy into the same health plan that covers members
of Congress and to receive a tax credit if they pick up at
least half of the cost for employees. Kerry would seek to
drive down coverage costs by taking catastrophic medical costs
of $50,000 or more out of the private sector and placing them
on the government's tab. Current estimates put the cost of
Kerry's plan at $650 billion, and perhaps much more, over
10 years. (Washington Post, May 12)
ACC
Supports Language Revision on Cardiac Pacemakers
ACC recently supported CMS' recommendation to revise the language
contained in the instructions for the national coverage policy
on cardiac pacemakers (NCD 20.8). The minor revisions transfer
the focus of the NCD from the implantation procedure to the
reasonable and necessary medical indications that justify
cardiac pacing. ACC agrees with CMS' findings that pacemaker
implantation is no longer considered routinely harmful or
an experimental procedure. This change was effective on April
30. Only the framework of the NCD is revised and not the NCD
itself. For more information, click
here.
New
Stark Final Rule Audio Conference Event
On June 3, the ACC will offer another Medical Group Management
Association (MGMA) audio conference titled, "The New
Stark Final Rule: An Analysis and Its Impact on Physician
Practices." The purpose of the call is to help participants
identify new requirements/clarifications concerning the ownership,
investment, and compensation exceptions contained in the self-referral
law and how the rule may affect practice operations. Also,
participants will learn how new clarifications regarding the
reporting requirements and sanctions provided by the self-referral
law affect their compliance efforts. The conference event
will cover the exception to the referral prohibition related
to both ownership/investment and compensation for services
furnished in an ambulatory surgical center. The 90-minute
call will be presented at the following times: 2 – 3:30
p.m., ET; 1 – 2:30 p.m., CT; 12 – 1:30 p.m., MT;
11 a.m. – 12:30 p.m., PT; 10 – 11:30 a.m. Alaska;
and 9 –10:30 a.m., Hawaii. ACMPE, CME, CPE, and nursing
credits are available for this event. To learn more about
participation, click
here or contact Mia Thomas, ACC Payer Advocacy at 800-435-9203.
WebMD
Responds to Physician Concerns
After several months of discussions with medical association
representatives, WebMD has created two new programs to address
physician concerns about various claims transaction issues.
The first program, Customer First, is a redesigned customer
service center that provides a direct customer service representative
who will be personally responsible for resolving any physician
issue that WebMD has not addressed in a timely manner. Customer
First will also update physicians regularly on industry developments,
products, and services, according to WebMD. The second program,
the Medical Association and Society Escalation Support Protocol,
establishes a path of escalation for high priority issues
when any medical association receives a direct request for
information or assistance regarding a WebMD-related problem.
WebMD has set up a dedicated email address, WebMDESCIssues@WebMD.net,
for this service. Finally, WebMD Corporation announced May
7 that all Medicare claims and electronic remittance advice
(ERA) transactions it conducts are in HIPAA format, well in
advance of the July 1, 2004, deadline set by CMS.
Tobacco
Companies Fail to Stop DOJ Lawsuit
U.S. District Judge Gladys Kessler denied a motion filed by
four tobacco companies to dismiss a Department of Justice
(DOJ) lawsuit that seeks $289 billion in profits that resulted
from the companies’ alleged fraud and dangerous promotional
practices. DOJ alleges that the four tobacco companies—Brown
& Williamson, Philip Morris USA, R.J. Reynolds, Lorillard
Tobacco, and the Liggett Group—manipulated nicotine
levels, misled consumers about the health risks of smoking,
and directed multibillion-dollar promotional campaigns at
children. This is the second time Kessler has denied a motion
to dismiss from the tobacco companies in the last two months.
The decision makes it clear that "there is going to be
a trial," said Matthew Meyers, president of the Campaign
for Tobacco-Free Kids. (Arizona Star, May 8)
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.
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