Health debate could spur malpractice changes

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Posted on 17th March 2009 by gjohnson in Uncategorized

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Date: 3/17/2009

By ERICA WERNER
Associated Press Writer

WASHINGTON (AP) — The Obama administration and key congressional Democrats are taking a hard look at the nation’s medical malpractice system as part of a broader health care overhaul.

“It’s an essential piece for there to be enduring reform, reform that will stick and will get a significant bipartisan vote in the United States Senate,” said Sen. Ron Wyden, D-Ore., who has a bipartisan health bill that includes incentives to get states to enact malpractice reforms.

Reviving the issue could provoke a fierce fight from trial lawyers, who, along with doctors, have the most at stake.

Already the trial lawyers’ lobby is preparing to distribute a brief on Capitol Hill casting medical malpractice as a small cost in the overall health system. The brief cites an Institute of Medicine finding that as many as 98,000 deaths in the U.S. each year result from medical error.

Trial lawyers and their Democratic Senate allies helped kill attempts under the Bush administration to cap punitive and pain and suffering payouts in malpractice lawsuits. The Congressional Budget Office says such caps could have saved the federal government $4.3 billion from 2010-2019.

Capping judgments likely remains a nonstarter.

John McDonough, a top health adviser to Sen. Edward Kennedy, D-Mass., told a conference of urologists this week that doctors must improve quality of care.

“The solution in terms of medical malpractice is not putting arbitrary caps on pain and suffering that discriminate against lower-income folks,” McDonough said.

The urologists responded with a chorus of “boos.”

But many top Democrats and administration officials say something must be done to curb medical malpractice costs to help pay for revamping the nation’s $2.4 trillion health system.

Obama himself told business leaders last week that ideas to save money like “medical liability issues — I think all those things have to be on the table.”

Senate Finance Committee Chairman Max Baucus, D-Mont., cites costs including fast-rising medical malpractice insurance premiums and so-called “defensive medicine” whereby doctors prescribe treatments that may be unnecessary to guard against getting sued if they fail to do so.

There’s agreement from some in the House including Rep. Rob Andrews, D-N.J., who chairs an Education and Labor health subcommittee.

“It’s hard for me to imagine a result that gets to the president’s desk that doesn’t deal with the medical malpractice issue in some way,” Andrews said in an interview Tuesday.

Proposed solutions include alternative dispute resolution, some similar to legislation that Obama co-sponsored with Hillary Rodham Clinton when both were in the Senate in 2005. Their bill would have created a program to allow patients to learn of medical errors and establish negotiated compensation with the offer of an apology.

Baucus has proposed giving states grants to develop alternate litigation, such as “health courts” whose judges have health care expertise.

Both lawyers and doctors say they’re open to alternative dispute ideas.

But “changing the legal system will not make anyone healthier or save one life,” said Linda Lipsen, senior vice president of public affairs at the American Association for Justice.

Meanwhile doctors are calling malpractice reform a top issue in the health reform debate.

“We need meaningful tort reform,” Nancy H. Nielsen, president of the American Medical Association, told Obama health adviser Ezekiel Emanuel at a recent conference.

“Stay tuned,” Emanuel told her.

Copyright 2009 The Associated Press.

Obama wants to overhaul health care; can he do it?

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Posted on 22nd February 2009 by gjohnson in Uncategorized

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Date: 2/22/2009

By RICARDO ALONSO-ZALDIVAR
Associated Press Writer

WASHINGTON (AP) — Now for the hard part.

Even if the national credit card is maxed out and partisanship remains the rule for Washington’s political tribes, President Barack Obama and Congress are plunging ahead with a health care overhaul.

In the week ahead, Obama will start the dialogue on how to increase coverage, restrain costs and improve quality.

Whether a bill can get through Congress and to Obama this year is uncertain. For half a century, the track record on health care has been one of missed opportunities, spectacular failures and hard-won incremental gains.

Obama plans to stress the need for major changes in his address to Congress on Tuesday, administration officials say. He quickly will follow up with a budget that includes a commitment to expand coverage for the uninsured. A White House summit on health care is being planned in coming weeks.

“They don’t intend to blink. They intend to plow ahead,” said health economist Len Nichols of the nonpartisan New America Foundation. “Health reform is seen as essential to balancing the federal budget and economic recovery in the long run.”

People in the U.S. spend $2.4 trillion a year on health care, or about $7,900 per person. That’s more than twice as much per capita as in other advanced countries. But few would claim those dollars are buying good value. The costs are a staggering burden for taxpayers, employers and families, and the recession is leaving more people without insurance.

Yet even a self-described optimist such as Sen. Mike Enzi, R-Wyo., says he has doubts about prospects for overhauling health care. “It needs to be done up front and quickly,” said Enzi, the senior Republican on the Senate Health, Education, Labor and Pensions Committee. “I’m not so sure that we haven’t already lost that, with so many other things coming in and weighing us down.”

In the 1990s, President Bill Clinton took the better part of a year to deliver a 1,300-page health care bill to Congress and later waved his veto pen at lawmakers who might have given him half a loaf. He got nothing. Obama has shown a tendency to be more pragmatic.

Administration and congressional officials say Obama will lay out a vision and see if Congress can make the details work. The Senate has gotten an early start and is shaping up as the proving ground for legislation.

“The Obama administration has said they are going to give the Senate a very wide berth,” said Sen. Ron Wyden, D-Ore., who for years has tried to get Democrats and Republicans working together. “There are areas in which there is going to be spirited debate. But there are four or five major areas where there’s a lot of common ground.”

Polls show most people support coverage for all and believe government should help guarantee it. But what looks like consensus starts to break down once thorny details such as costs and the government’s influence on the doctor-patient relationship come into the picture.

Administration officials say Obama has made a down payment by expanding coverage for children of low-income working families and by providing subsidies to help people who lose their jobs keep health benefits.

As he moves forward, Obama will follow the plan laid out in his campaign.

It calls for government, employers, families and individuals to keep sharing financial responsibility for health care. The approach would overhaul the health insurance market, particularly for self-employed people and small businesses. It would set up a national insurance purchasing “exchange” through which people would be guaranteed access to private health insurance or the choice of a new public plan.

Obama sees coverage for all as a goal to be reached in steps. His plan would not require every individual to purchase insurance. The estimated cost is about $90 billion a year, to start with.

The plan might sound simple in a brief summary, but it’s not. Potential dealbreakers lurk at every turn.

Many liberals can’t get excited about doing battle for just a promise — not an immediate guarantee — of coverage for all.

Conservatives and insurance companies fear that a public plan offered to workers and their families could become the gateway for Canada-style government health care for all.

Employers, hospitals, doctors, and drug companies worry that the government’s already pervasive influence in health care will become stifling.

The initial work has fallen to the Senate, where Democratic Sens. Max Baucus of Montana and Edward Kennedy of Massachusetts want to present a bill by the summer.

Baucus is chairman of the Senate Finance Committee, which oversees Medicare and taxes. Kennedy, who is under treatment for brain cancer, leads the Senate health committee. He has pursued the goal of coverage for all his entire career and doesn’t want this opportunity to slip away.

Baucus has already outlined a plan that differs in some key details from Obama’s. For example, it contemplates taxing some health insurance benefits to raise money for expanded coverage. That’s an idea Obama has rejected but one that certain Republicans favor.

It takes 60 votes to get a bill through the Senate, and Democrats don’t have them.

In the House, the effort seems to be moving more slowly. Senior aides from leadership offices and committees are talking. Rep. Henry Waxman, D-Calif., chairman of the House Energy and Commerce Committee, is expected to take a leading role.

Some experts believe the issue is too complicated to try to accomplish in one year and one bill.

Watching and waiting are people such as Robyn Perry, 56, of Lake Worth, Fla., who recently lost a job with health benefits. She has struggled to find coverage now that she is self-employed. Private plans are either too expensive or won’t take her because she had a ministroke several years ago. A plan sponsored by local government accepted her, but won’t cover her outside her county.

“Something has to be done,” said Perry. “I work. I make decent money. But I still can’t get coverage. I would really like to find a normal health insurance plan that would cover me wherever I get sick, not just in Palm Beach county.”

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On the Net:

White House: http://www.whitehouse.gov/agenda/health_care/

Copyright 2009 The Associated Press.