By Marilyn Singleton, MD, JD
The election is over and the lame duck Congress is back in session. Hopefully little damage will be done in the next six weeks. We look forward to fewer laws overall and that any legislation introduced be focused on a single issue.
California’s Anti-Physician Proposition 46 Goes Down in Flames
There is some good news to report from California regarding the overwhelming defeat of Proposition 46, a voter initiative largely financed by plaintiffs’ attorneys. Proposition 46 may have had a chance had it not included three disparate issues. First, it would have quadrupled the current medical malpractice limits on pain and suffering. There are no limits on economic losses. The “pro” argument was that the low $250,000 limit discouraged attorneys from taking cases where a child’s death was involved. The “con” argument focused the increased number of lawsuits and malpractice insurance costs that would trickle down to increase health care costs for all.
Second, the initiative required physicians and pharmacists to check California’s drug database before prescribing potentially abusive drugs. Currently, checking the database is not mandatory.
Third, the initiative required mandatory drug testing of physicians only – not nurses or other health care “providers.” This was included as a “sweetener” as polls had shown that most Californians supported this. Hospitals would have been required to randomly test its physicians and physicians would have to be drug or alcohol tested within 12 hours of an “adverse event.” Many admitted that this would be unworkable because in many cases by the time a complication occurs, a physician – who performed surgery that morning and is not on-call – may be home or even on vacation enjoying an alcoholic beverage.
Tax-Free Savings Accounts for the Disabled Introduced
We can always cheer when our legislators give more autonomy to manage our health care needs. The Achieving a Better Life Experience (ABLE) Act was introduced by Ander Crenshaw (R-FL) in the House and by Robert Casey (D-PA) in the Senate. Together, the two bills have over 400 cosponsors. The ABLE Act would create tax-exempt, state based private savings accounts to fund disability-related expenses to supplement benefits currently provided by Social Security, Medicaid, employers, and private insurance. Qualifying expenses include education; housing; transportation; employment support; health, prevention, and wellness costs; assistive technology and personal support services; and other expenses. Full text at https://www.govtrack.us/congress/bills/113/hr647#overview.
Physician Ambassadors Helping Veterans Program Introduced
This bill presents an opportunity to prove that charity care works. If this bill passes, let’s hope that we can offer our skills to our deserving veterans.
Congressman John Culberson (R-TX) introduced and referred to the House Committee on Veterans Affairs H.R. 5686, the Physician Ambassadors Helping Veterans Program. This program would allow physicians to work at VA facilities with waiting lists. The physicians would receive special credentialing, work without compensation, and agree to work 40 hours within a 12 month period. Full text at: https://www.congress.gov/bill/113th-congress/house-bill/5686/text
Senate Finance Committee Member Touts his ObamaCare Replacement Bill
Senator Orin Hatch this week reminded the country that Republicans had their thinking caps on and have a viable Health Care bill. The Patient Choice, Affordability, Responsibility, and Empowerment (CARE) Act would repeal the Affordable Care Act and replace the law with patient-centered reforms relying on consumer-directed health care. The bills also includes malpractice reforms, plans to modernize Medicaid, initiatives to increase price transparency. Full text at: http://www.finance.senate.gov/newsroom/ranking/release/?id=5cebe1e1-963f-4a4d-b613-0bd5aa0f2e3a
