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New American Health Care Act Comes Under Fire

New American Health Care Act Comes Under Fire

Earlier this week, members of the House Energy and Commerce Committee released legislation as part of the House Republicans’ efforts to repeal and replace Obamacare. Although the legislation cleared its first hurdle with a lengthy, contentious markup session that began Wednesday, the House Ways and Means Committee approved the American Health Care Act. The House Energy and Commerce Committee continued debating the legislation well into Thursday. Many health care organizations are speaking out against the legislation.

In brief, the 123-page legislation proposes to:

  • Eliminate the Obamacare taxes on job creators, increased premium costs, and limited options for patients and health care providers.
  • Eliminate the individual and employer mandate penalties.
  • Prohibit health insurers from denying coverage or charging more to patients based on pre-existing conditions.
  • Help young adults access health insurance and stabilize the marketplace by allowing dependents to continue staying on their parents’ plan until they are 26.
  • Establish a Patient and State Stability Fund, which provides states with $100 billion to design programs that meet the unique needs of their patient populations and help low-income Americans afford health care.
  • Modernize and strengthen Medicaid by transitioning to a “per capita allotment” so states can better serve the patients most in need.
  • Empower individuals and families to spend their health care dollars the way they want and need by enhancing and expanding Health Savings Accounts (HSAs).
  • Help Americans access affordable, quality health care by providing a monthly tax credit for low- and middle-income individuals and families who don’t receive insurance through work or a government program.

Although Democrats and Republicans are beginning to speak against the bill, perhaps most critical of the legislation has been the American Medical Association, which issued a letter to congressional leaders stating that it cannot support the bill.

“While we agree that there are problems with the ACA that must be addressed, we cannot support the AHCA as drafted because of the expected decline in health insurance coverage and the potential harm it would cause to vulnerable patient populations,” it said.

AMA President Dr. Andrew Gurman introduced the letter on the AMA’s website by stating: “We all know that our health system is highly complex, but our core commitment to the patients most in need should be straightforward. As the AMA has previously stated, members of Congress must keep top of mind the potentially life-altering impact their policy decisions will have.”

Similarly, the American Nurses Association and the American Hospital Association have expressed strong opposition to the proposed American Health Care Act citing fundamental changes in Medicare and Medicaid, which the groups argue could limit access to care while “in no way improving care.”

“It appears that the effort to restructure the Medicaid program will have the effect of making significant reductions in a program that provides services to our most vulnerable populations,” wrote Richard Pollack, CEO and president of the American Hospital Association, in his letter to members of Congress.

The legislation does not yet have a score from the Congressional Budget Office, which could provide an estimate of the bill’s cost and impact on coverage levels. However, White House representatives have indicated a score will soon be released.

Other medical groups are expressing concern about the speed at which the bill appears to be moving.

“We are concerned that by rushing to a mark-up … in the Energy and Commerce and Ways and Means Committees, there will be insufficient time to obtain non-partisan estimates of this legislation’s impact by the Congressional Budget Office, or for medical organizations like ours and other key stakeholders in the health care community to offer substantive input on the bill,” the American Academy of Family Physicians, American Academy of Pediatrics, American College of Physicians, American Congress of Obstetricians and Gynecologists: and the American Osteopathic Association said in a joint statement.

Click here for a look at what the American Health Care Act would keep, change and/or repeal versus the ACA.

The Medical Association is closely monitoring the legislation.

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Medical Association Joins Call to CMS to Delay EHR Certification Requirements

Medical Association Joins Call to CMS to Delay EHR Certification Requirements

The Medical Association has joined with the American Medical Association and a large number of physician organizations and state medical societies to urge federal health officials to delay 2015 electronic health record certification requirements at least one year to avoid disrupting physician practices citing the limited number of vendors that have fully upgraded their EHR systems to meet the 2015 edition of certified electronic health record technology (CEHRT).

The letter addressed to Patrick Conway, M.D., acting administrator of the Centers for Medicare & Medicaid Services (CMS), and Jon White, M.D., acting national coordinator of the Office of the National Coordinator for Health IT (ONC), highlighted patient safety concerns and overall disruption in physician practices as reasons to delay the certification requirements at least a year.

Just 54 EHR products have been certified to the 2015 standards so far, leaving thousands still awaiting certification. Providers are expected to use EHR technology that meets the updated regulations by January 2018.

“Requiring physicians to upgrade to 2015 Edition technology by 2018 limits choice by forcing physicians to select a system from approximately one percent of existing products,” the letter stated. “In addition, physicians may be driven to switch vendors and utilize a system that is not suitable for their specialty or patient population due to this tight timeline.”

Click here to read the letter.

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U.S. House Leaders Outline Plan to Repeal/Replace Obamacare

U.S. House Leaders Outline Plan to Repeal/Replace Obamacare

Earlier this week, House Republican leaders presented outlines of a plan to replace the Affordable Care Act, leaning heavily on tax credits to finance individual insurance purchases and sharply reducing federal payments to the 31 states that have expanded Medicaid eligibility.

While GOP leaders opined that the plan would not “pull the rug out from anyone who received care under states’ Medicaid expansions,” the plan does appear to fundamentally remake Medicaid, which provides health care to more than 70 million Americans. Under the plan, Medicaid, an open-ended entitlement program designed to cover all health care needs, would be put on a budget.

The Affordable Care Act’s subsidies, which expand as incomes decline, giving poorer Americans more help, would be replaced by fixed tax credits to help people purchase insurance policies. The tax credits would increase with a person’s age, but would not vary with a person’s income. New incentives for consumers to establish savings accounts to pay medical expenses still assume that workers would have money at the end of a pay period to sock away.

The House Republican plan would also make it easier for consumers to buy health insurance from companies licensed in other states. Click here to read the plan.

The Medical Association has been vocal with concerns about changes to the health care system that could cause patients to lose access to their care and/or their insurance plans. Executive Director Mark Jackson and President-Elect Jerry Harrison, M.D., recently traveled to Washington, D.C., for a series of meetings with Alabama’s Congressional Delegation to voice the concerns of Alabama’s physicians in person.

“Dr. Harrison and I felt it was necessary to go to Washington and meet with our Congressional Delegation so they could hear our concerns about a repeal-and-replace of the current health care system,” Jackson said. “Anything that could possibly endanger our residents’ access to care needs to be given serious consideration before any action is taken. It was important for us to remind them that what they may see as dollars in a budget equate to patients in our treatment rooms here in Alabama.”

The Medical Association has released its 2017 State and Federal Legislative Agendas, developed with guidance from the House of Delegates and input from individual physician members. Click here to learn more about what issues the Medical Association supports and opposes.

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Florida’s Physician “Gun Gag” Overturned on Appeal 

Florida’s Physician “Gun Gag” Overturned on Appeal 

The full panel of the U.S. Court of Appeals for the 11th Circuit struck down the Florida law restricting physicians from speaking to patients and families about the risks of guns in the home. The case, Wollschlaeger v. Scott, was filed on June 6, 2011, challenged the Florida law, which could censor, fine and revoke the licenses of physicians if the Florida Board of Medicine determined whether the physician violated the law.

The American Medical Association along with several other major medical societies opposed the gun-gag law arguing it infringed on the First Amendment right of physicians to discuss gun safety, especially when patients have children who may happen across a loaded, unsecured firearm in the home. The law banned asking gun ownership questions except when deemed clinically necessary and forbade physicians from recording whether a patient owned a weapon in the medical chart claiming that the question was discriminating and harassing of gun owners.

“There was no evidence whatsoever before the Florida legislature that any doctors or medical professionals have taken away patients’ firearms or otherwise infringed on patients’ Second Amendment rights,” the court said, noting that lawmakers based their measure on six anecdotes about medical gun questions in a state with more than 18 million residents. “There is no actual conflict between the First Amendment rights of doctors and medical professionals and the Second Amendment rights of patients that justifies FOPA’s…restrictions on speech.”

Read the U.S. Court of Appeals for the 11th Circuit’s full decision here.

The continuation of the law would have prohibited a simple conversation in the physician’s office that can save lives. Research has shown that when physicians offer guidance on gun locks and safe storage, appropriate to a child’s specific age and development, it is more likely that families will take those necessary steps.

“Pediatricians routinely counsel families about safety issues, including firearm safety, as part of anticipatory guidance, in order to reduce risk of injury to children,” said Cathy Wood, M.D., FAAP, president of the Alabama Chapter of the American Academy of Pediatrics. “Florida’s ‘gun’ law was an assault on physicians’ right to counsel their patients. We are thankful for this court decision and the hard work of the pediatricians and other physicians in Florida that worked to protect this right, not just in Florida but hopefully for all states.”

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Physicians Call for Prior Authorization Reform

Physicians Call for Prior Authorization Reform

The Medical Association has joined a coalition of physicians’ groups, hospitals, medical groups, pharmacists and other health care organizations to urge health plans, benefit managers and other groups to reform prior authorization requirements imposed on medical tests, procedures, devices and medications. The coalition is responding to what has been deemed unreasonable hurdles for patients seeking care and argue that requiring pre-approval by insurers before certain treatments can delay or interrupt medical services, divert significant resources from patient care and complicate medical decisions.

Given the potential barriers prior authorizations can pose to patient-centered care, the coalition is urging an industry-wide reassessment of these programs to align with a newly created set of 21 principles. Prior authorization programs could be improved by applying the principles’ common-sense concepts grouped in five broad categories:

  • Clinical validity,
  • Continuity of care,
  • Transparency and fairness,
  • Timely access and administrative efficiency, and
  • Alternatives and exemptions.

“Strict or bureaucratic oversight programs for drug or medical treatments have delayed access to necessary care, wasted limited health care resources and antagonized patients and physicians alike,” said AMA President Andrew W. Gurman, M.D. “The AMA joins the other coalition organizations in urging health insurers and others to apply the reform principles and streamline requirements, lengthy assessments and inconsistent rules in current prior authorization programs.”

The data entry and administrative tasks associated with prior authorization reduce time available for patients. According to a new AMA survey, every week a medical practice completes an average of 37 prior authorization requirements per physician, which takes a physician and their staff an average of 16 hours, or the equivalent of two business days, to process.

The AMA survey illustrates that physician concerns with the undue burdens of preauthorizing medical care have reached a critical level. Highlights from the AMA survey include:

  • Seventy-five percent of surveyed physicians described prior authorization burdens as high or extremely high.
  • More than a third of surveyed physicians reported having staff who work exclusively on prior authorization.
  • Nearly 60 percent of surveyed physicians reported that their practices wait, on average, at least one business day for prior authorization decisions—and  more than 25 percent of physicians said they wait 3 business days or longer.
  • Nearly 90 percent of surveyed physicians reported that prior authorization sometimes, often, or always delays access to care.

For specialists like Montgomery oncologist Stephen Davidson, M.D., at the Montgomery Cancer Center, issues with PAs can begin when the patient checks in for the first appointment.

“There are days when I have patients who are scheduled to see me as new patients. They are at the front door. They have something that brought them here that has also emotionally disturbed them greatly. If their PA is not in place, they can’t so much as walk down the hall to see me,” Dr. Davidson said. “This happens…constantly.”

Dr. Davidson and his team see an average of 60 patients each day. During that time, he and his treatment team are also securing PAs for patients for imaging and medicine. Rarely are cancer medications generic, making them very expensive, so PAs must be secured for monthly refills, taking even more time away from patient care.

“It has become a tremendous burden,” Dr. Davidson said. “Somewhere along the way the burden of proof shifted from the insurance company to the physician. Traditionally there has been a respect for a physician’s judgment and decision making on behalf of the patient. That’s a very special and sacred relationship. Now, because of a number of factors, primarily economic, we have insurance companies that don’t respect the physician’s authority in the decision-making process.”

Read more about what Dr. Davidson and Lee Carter, M.D., of Autaugaville had to say about PAs in our article from Alabama Medicine magazine, Between Doctors & Physicians: Prior Authorizations.

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Between Doctors & Patients: Prior Authorizations

Between Doctors & Patients: Prior Authorizations

Physicians face various regulatory and administrative hurdles in a day, but few are as frustrating, or as expensive, as prior authorizations, or PAs. Commercial insurance companies, Medicaid, Medicare and other third-party interests use PAs to reduce costs. This leaves physicians and their staff wondering when the practice of medicine became more about the dollars and cents than what makes sense for patients?

“The system is there for a reason, and we understand that,” Lee Carter, M.D., said. Dr. Carter practices family medicine in Autaugaville, a rural community in Autauga County with a population of less than 1,000. “But, it can be very frustrating, not only to the physicians and our staff, but to the patients who have to wait for their medications.

According to a 2012 Kaiser Family Foundation estimate of about 835,000 practicing physicians, 868.4 million hours are spent annually on PAs. A 2011 study by Health Affairs estimated physicians spend an average of $83,000 annually interacting with insurance plans to secure prescribed treatments, procedures or therapies for patients needing prior approvals.

In Dr. Carter’s practice, he and his partner treat a variety of issues in their patients ranging from colds and flu to more chronic conditions like diabetes and ADHD as well as procedures involving MRIs and X-rays. Each physician has a staff member devoted to prescription renewals and obtaining PAs. Still, keeping up with the demands of charting and following the rules for the payers for PAs can be daunting.

“When a patient comes in that you’ve been treating for months or even years, and you know there’s something new out there that will work better for that situation, you want to find what works best for your patient. Most of the time, that medication is going to be a generic, which is covered by most insurance plans because it’s cheaper for them and it’s cheaper for your patient. But, what if that med doesn’t work for your patient? What if your patient is allergic to that med or another med? You have to find a balance. That’s the key,” Dr. Carter said.

For specialists like oncologist Stephen Davidson, M.D., at the Montgomery Cancer Center, issues with PAs can begin when the patient checks in for the first appointment.

“There are days when I have patients who are scheduled to see me as new patients. They are at the front door. They have something that brought them here that has also emotionally disturbed them greatly. If their PA is not in place, they can’t so much as walk down the hall to see me,” Dr. Davidson said. “This happens…constantly.”

Dr. Davidson and his team see an average of 60 patients each day. During that time, he and his treatment team are also securing PAs for patients for imaging and medicine. Rarely are cancer medications generic, making them very expensive, so PAs must be secured for monthly refills, taking even more time away from patient care.

“It has become a tremendous burden,” Dr. Davidson said. “Somewhere along the way the burden of proof shifted from the insurance company to the physician. Traditionally there has been a respect for a physician’s judgment and decision making on behalf of the patient. That’s a very special and sacred relationship. Now, because of a number of factors, primarily economic, we have insurance companies that don’t respect the physician’s authority in the decision-making process.”

According to Dr. Davidson, the burden of proof isn’t specific to oncology. Physicians fighting to get the best treatment regimens for their patients have all experienced the same process with payers in trying to secure prior authorizations, and perhaps the most time consuming and frustrating part of the system is the peer-to-peer conversations in which physicians advocate on behalf of their patients with the payers.

“The problem is that in oncology specifically, and with medicine in general, it’s not black and white,” Dr. Davidson said. “There is a lot of leeway. There is a lot of individualism for treatment plans for patients, so problems start to happen when major insurance companies hire third-party companies to come in and do nothing but screen all your imaging and either green-light or red-light your treatment plans.”

For both of these physicians, the delay caused by the waiting game can put the patient’s health in the balance. Dr. Carter often encourages his patients to engage in the appeals process with their health insurance plan by calling the numbers listed on their insurance cards. Dr. Davidson has enlisted the assistance of his patients as well.

“When the patient calls the insurance company and gets into the conversation, it shows just how much the patient is concerned about the situation,” Dr. Carter said. “It absolutely helps for the patient to get involved and review with their insurance company what treatments have already been tried, and why they didn’t work. The patient is looking for a solution just as much as the physician.”

Fortunately, in Dr. Carter’s experience, a reply for a PA request usually takes 24 to 48 hours. Things get more complicated, however, for specialists like Dr. Davidson.

“There is more bureaucratic pressure placed on the medical practice and more delay and anxiety on the part of the patient (when dealing with PAs),” Dr. Davidson said. “We are a larger facility, and we have five full-time employees that deal with nothing but authorizations. It’s still a burden for us. I don’t know how smaller practices deal with it. Essentially your first swipe at the PA is a website, so someone is taking a patient’s medical record and actually typing it into an online form to see if it will fit exactly cookie-cutter into this form. The patient is not cookie cutter. There is no way to cookie cutter every patient, no matter what the specialty or situation.”

Some states have pursued legislative solutions to PA problems, but with little success, as insurance companies and their lobbyists come out in droves in opposition. As non-physicians increasingly attempt to dictate health care delivery, the Medical Association is committed to finding solutions to PAs and other related issues so that we keep health care decisions between doctors and patients.

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The Medical Association Is On Call For You

The Medical Association Is On Call For You

The Medical Association’s Board of Censors met and approved the Association’s 2017 State and Federal Agendas. These agendas were developed with guidance from the House of Delegates and input from individual physician members. As the Alabama Legislature and Congress begin their work for 2017, additional items affecting physicians, medical practices and patients may be added to this list.

2017 STATE AGENDA

The Medical Association supports:

  • Ensuring legislation “first do[es] no harm”
  • Increasing Medicaid payments for all physicians
  • Recruiting and retaining more physicians for Alabama
  • Eliminating the health insurance-coverage gap for the working poor
  • Ensuring adequate payment for patient care
  • Reducing administrative burdens on practices
  • Strengthening existing tort reforms and ensuring liability system stability
  • Empowering patients and their doctors in medical decisions
  • Continued physician compounding, dispensing of drugs
  • Emerging practice models that restore physician autonomy
  • Same standards and reimbursements for telehealth and face-to-face visits
  • Training, education and licensing transparency of health professionals

The Medical Association opposes:

  • The radical Patient Compensation System legislation
  • Legislation/initiatives encouraging lawsuits against physicians
  • Non-physicians setting standards of care
  • Legalizing physician-assisted suicide
  • Tax increases disproportionately affecting physicians
  • Expanding access to the Prescription Drug Monitoring Program (PDMP) for law enforcement
  • Sale of PDMP data to third parties
  • Further expansion of Maintenance of Certification (MOC) requirements
  • Changes to Workers’ Compensation laws that negatively affect treatment of injured workers

2017 FEDERAL AGENDA

The Medical Association supports:

  • Repeal of the Affordable Care Act and replacement with a system that:
  1. Includes meaningful tort reforms that maintain existing state protections
  2. Preserves employer-based health insurance
  3. Protects coverage for patients with pre-existing conditions
  4. Protects coverage for dependents under age 26
  5. With proper oversight, allows the sale of health insurance across state lines
  6. Allows for deducting individual health insurance expenses on tax returns
  7. Increases allowed contributions to health savings accounts
  8. Ensures access for vulnerable populations
  9. Ensures universal, catastrophic coverage
  10. Does not increase uncompensated care
  11. Does not require adherence with insurance requirements until insurance reimbursement begins
  12. Reduces administrative and regulatory burdens

 

  • Overhauling federal fraud and abuse programs
  • Reforming the RAC program
  • Prescription drug abuse education, prevention and treatment initiatives
  • Allowing patient private contracting in Medicare
  • Expanding veterans’ access to non-VA physicians
  • Reducing escalating prescription drug costs
  • A patient-centered MACRA framework, including non-punitive and flexible implementation of new MIPS, PQRS and MU requirements
  • Congressional reauthorization of CHIP (Children’s Health Insurance Program)
  • Better interstate PDMP connectivity
  • Eliminating “pain” as the fifth vital sign
  • Repealing the “language interpreters” rule
  • Repealing the recent “overtime” rule
  • Requiring VA facilities, methadone clinics and suboxone clinics to input prescription data into state PDMPs

The Medical Association opposes:

  • Non-physicians setting standards of care
  • Publication of Medicare physician payment data
  • National medical licensure to supersede state licensure
  • Legislation/initiatives encouraging lawsuits against physicians

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Opinion: All Americans Need Access to Affordable, Quality Care

meigsEditorial contributed by John Meigs Jr., M.D., president of the American Academy of Family Physicians, member of the Medical Association Board of Censors, and a family physician in Centreville, Ala. Editorial reprinted by permission.

Since Election Day, health care analysts have tried to forecast the fate of our health care system. Much remains uncertain, but what is undisputed is the goal that all Americans must be able to obtain affordable, high-quality and efficient health care. This must be at the center of any national health care strategy. That’s why America’s family doctors are starting this new year by encouraging the Trump administration and the 115th Congress to focus on this essential priority.

The American Academy of Family Physicians has long supported and advocated for meaningful patient-centered health care for all, an underlying tenet of many health care reform proposals, including the 2010 Affordable Care Act. We recognize that our current health care system is not perfect and new approaches can certainly improve the law. However, the nearly 200 million Americans who currently have health care coverage through the individual, small group and employer-based markets — as well as Medicaid — should not have their coverage and insurance protections jerked out from underneath them.

Within any changes, the overarching policy must ensure everyone has access to health care. Because America’s family doctors see more than half a million patients a day, we know what policies and programs ensure access to consistent, comprehensive and preventive care, particularly for low-income individuals and families. Financial barriers to care have crumbled as a result of Medicaid, the Children’s Health Insurance Program and Medicare. Medicaid and CHIP currently enroll nearly 73 million children and low-income Americans. Medicare preserves access to care for nearly 56 million elderly and disabled people. Equally important, patients who have privately purchased health insurance — particularly those with high-deductible plans — must not have to overcome financial obstacles to receive care.

Patient-centered care is at the heart of health care reform, which is why we must have a payment system that rewards the value of care over the volume of services provided. Our nation’s policy must build on the Medicare Access and CHIP Reauthorization Act — or MACRA — to ensure family physicians in all practice settings can continue to practice patient-centered care.

Our lawmakers also must commit to building a physician workforce that can meet the growing demand for primary care. They must support efforts to maintain a steady pipeline of primary care physicians through graduate medical education reforms and extension of the community-based Teaching Health Center program that attracts students to family medicine.

Health care is a personal matter, which is why primary care is the foundation of our health care system. Time and time again, primary care physicians have been counted on to provide care to millions of Americans from all parts of the country — for they have proven their expertise to improve health outcomes while lowering costs.

It is imperative that we have national health policies that ensure all Americans can sustain a continuous relationship with their primary care physicians. The only way we can do this is with legislation and regulations that ensure all Americans, regardless of health or financial status, can get needed health care in a timely, efficient, affordable and personalized manner. America’s family doctors pledge our support in helping to achieve this vision.

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Medical Association Applauds U.S. Rep. Tom Price, M.D., for HHS Secretary

Medical Association Applauds U.S. Rep. Tom Price, M.D., for HHS Secretary

MONTGOMERY – The Medical Association of the State of Alabama applauds the nomination of U.S. Rep. Tom Price for secretary of the U.S. Department of Health and Human Services.

“Congressman Price is a strong advocate for preserving the patient-physician relationship, which includes fighting for patients’ rights as well as preserving physician autonomy,” said Medical Association President David Herrick, M.D. “Dr. Price has worked with our Medical Association leadership for many years on the national level to deregulate medicine and ease the administrative burdens placed on physicians. We feel that as a physician, Dr. Price understands firsthand what the health care system needs to get back on track so our physicians can focus more on treating their patients and less on red tape.”

For nearly 20 years, Dr. Price worked in private practice as an orthopaedic surgeon. Before coming to Washington he returned to Emory University School of Medicine as an Assistant Professor and Medical Director of the Orthopedic Clinic at Grady Memorial Hospital in Atlanta, teaching resident doctors in training. He received his Bachelor and Doctor of Medicine degrees from the University of Michigan and completed his Orthopaedic Surgery residency at Emory University.

Should Dr. Price be confirmed as secretary of the U.S. Department of Health and Human Services, he would be the first physician to serve in that position since 1989 and the third physician in the 63-year history of the department. The Medical Association strongly feels physician leadership of HHS and in the President’s Cabinet would provide the necessary perspective that has been lacking in the health care decisions of our country.

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Injured? Dial 1-800-4-MED-MAL

Injured? Dial 1-800-4-MED-MAL

Legislation Threatens Decades of Medical Tort Reforms

If 1-800-4-MED-MAL sounds like a personal injury firm advertisement, think again. But if proponents of a radical new alternative medical liability system get their way, 1-800-4-MED-MAL could be an avenue for turning every persistent migraine, bout of acute pain and post-operative bruise into cash payments.

This radicalized approach – called the Patients’ Compensation System (PCS) – would abolish a physicians’ right to trial by jury and undo decades of tort reforms championed by the Medical Association, laws that foster a stable liability environment in Alabama and laws which must be defended from personal injury lawyer attacks each year. Proponents of the PCS want Alabama physicians to trade existing, proven protections from trial lawyer shenanigans for the false hope of an untested, unrealistic and radical approach to medical liability.

Let’s examine arguments by proponents of PCS legislation one by one.

Proponents Say PCS Will Be Good for Physicians

While supporters claim the PCS would free physicians from burdens of the civil justice system, the opposite is true. The Medical Association won numerous hard-fought battles with personal injury lawyers since the 1980s in order to bring stability to Alabama’s medical liability environment. Maintaining that stability can only be achieved through a vigilant defense at the Legislature.

If it became law, the PCS would levy an annual tax on physicians to fund a new state government agency to handle all claims of physical injury or death allegedly at the hands of M.D.s and D.O.s. The PCS would be mandatory, with no option for a jury trial. The PCS would have authority to investigate, determine fault and award damages. Instead of a plaintiff hiring an attorney to file suit, each claim under the PCS would be initiated by dialing a 24-hour hotline.

The PCS would not govern allegations filed against a hospital though, meaning a physician could still be party to a suit involving an institution even with the PCS in place. Unlike a professional liability policy, the costs for defense counsel would not be included in the annual payment to the PCS. The committees reviewing PCS claims would be largely political appointees, meaning a physician’s fate could hinge on who’s in office at the time a claim is made. If the PCS found wrongdoing by a physician and compensated a claimant, it would be reported to the National Practitioner Databank. With the bar for entry lowered to the level of a phone call, a “woodwork effect” as word spreads about the PCS is an almost certainty. With the subsequent spike in payouts, Alabama physicians could see reports for minor injuries to the National Practitioner Databank increase as exponentially as their taxes to fund the PCS.

Proponents Claim PCS Will Be Good for Patients

Those pushing the PCS say the current system doesn’t adequately compensate injured patients, and those compensated wait too long for justice. Few physicians who’ve been sued would argue the civil justice process is a short one, but that is indicative of long dockets that are the product of an overly-litigious culture.

The practice of medicine is just that; a practice, with few certainties. Most patient injuries are no one’s specific fault. In a minority of situations, the opposite is true and those injured should be able to seek recourse. But under the bureaucrat-run PCS, the number of claims paid for even minor injuries could increase sharply, quickly depleting the balance of available funds through thousands of small payouts, funds that should be reserved for the aforementioned minority of situations of serious physical injuries or death.

Once the funds from the PCS physician tax dries up each year, no further claims can be paid, even those already filed but not completed. Given that, instances of serious physical injury would fare better in the court system. The PCS proponents also promise a dramatic reduction in the length of time between injury and award. That’s difficult to believe as few if any government programs have actually improved efficiency for those utilizing them.

Proponents Say PCS Will Reduce “Defensive Medicine”

Promised as a way to reduce unnecessary care and thereby shrink Medicaid expenses by giving physicians liability comfort, PCS supporters cling to the flawed premise physicians base their medical decisions on criteria other than established standards and what’s best for the patient. Statements to the contrary are not only insulting to most physicians, they’re false, as anyone intentionally billing unnecessary services would be committing fraud. Whether under the civil justice system or the PCS, standards of care will still exist. And, because all awards for injury are reported to the National Practitioner Databank, the reporting of thousands of minor injury awards under the PCS might actually encourage additional testing and procedures, creating the opposite atmosphere PCS proponents claim their system will eliminate.

Proponents Say PCS Will Cut Health Care Costs, Especially in Medicaid

Also proposed as a cost savings for Alabama Medicaid via anticipated reduction of alleged unnecessary care, PCS supporters claim Alabama physicians order more than $1 billion worth of “defensive medicine” for fear of being sued. They claim the PCS, if implemented, could substantially slash the cost to Medicaid alone by hundreds of millions of dollars. As explained above, the myth of “defensive medicine” doesn’t hold up. How could a radical new system that pays out substantially more claims for injuries contain even its own expenditures, much less curb the growth in health care costs? The PCS will create a “woodwork effect” expected to increase the cost each year, leaving physicians burdened with higher taxes to fund the unrestrained and irresponsible growth.Conclusion

Conclusion

The PCS is an expansion of big government-funded on physicians’ backs that will undo decades of significant tort reforms. With uncertainty already surrounding the future of the state’s Medicaid program, destroying Alabama’s medical liability environment could push physicians into early retirement or send them to states with more stable liability atmospheres. The PCS legislation and its empty promises should be cast aside in favor of meaningful civil justice reforms that solve problems instead of creating them. The PCS is indeed an answer in search of a question, and one that’s bad for patients, bad for physicians and wrong for Alabama.

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