April 30, 2010
A Case Study in Judicial Nullification: Medical Malpractice Reform in Illinois. Published on April 29, 2010 by Hans von Spakovsky
Judicial nullification of civil justice reform laws usurps the role of state legislatures and defies the will of the people as expressed through their elected representatives. The Illinois Supreme Court recently engaged in such nullification for the third time when it acted as a super legislature, overriding the elected legislature’s judgment by throwing out a 2006 law limiting noneconomic damages in medical malpractice cases. These caps were passed after the state legislature determined that the outrageous medical malpractice situation in Illinois created a critical problem and required reform. They were intended to bring medical malpractice and health care costs under control, reducing the number of nonmeritorious malpractice actions and damage awards and encouraging physicians to provide services at free medical clinics and in areas lacking medical care. Other states such as Ohio have had similar problems with imperial state supreme courts failing to uphold the law. This illegitimate decision will damage the quality and availability of medical care in Illinois and cries out for more reform, both of medical damage rules and of Illinois’ imperial judiciary. More…
April 22, 2010
Sol Mussey. Memorandum on Estimated Effects of the “Patient Protection and Affordable Care Act,” as Amended, on the Year of Exhaustion for the Part A Trust Fund, Part B Premiums, and Part A and Part B Coinsurance Amounts. April 22, 2010.
The “Patient Protection and Affordable Care Act” (P.L. 111-148) was enacted on March 23, 2010 and amended shortly thereafter by the “Health Care and Education Reconciliation Act of 2010” (P.L. 111-152) as enacted on March 30, 2010. In addition to expansions of health insurance coverage, the new legislation includes numerous provisions that will reduce Medicare costs and one that will increase the Hospital Insurance (HI) payroll tax rate by 0.9 percentage point for high-income individuals and families. This memorandum describes the estimated impacts of the health reform legislation on the date of exhaustion for the Medicare Hospital Insurance (Part A) trust fund, on Part B beneficiary premiums, and on the average level of Part A and Part B beneficiary coinsurance. More…
April 22, 2010
Diana Furchtgott-Roth. Hello Healthcare, Goodbye Marriage. RealClearMarkets, April 22, 2010.
Goodbye, marriage, one is tempted to say after studying the new health care law. Its terms, which determine federal aid with health premiums purchased through the new exchanges, will penalize married couples, even more than does the income tax now.
Beginning in 2013, when many of the provisions of the Patient Protection and Affordable Care Act take effect, unwed Americans may find it even more advantageous-financially, anyway-to stay single than to marry. And women, or possibly men who earn less than their wives, will face greater incentives to leave the workforce. More…
April 20, 2010
Health Insurance Coverage in the District of Columbia Estimates from the 2009 DC Health Insurance Survey. Barbara A. Ormond, Ashley Palmer, Lokendra Phadera. Urban Institute. Publication Date: April 15, 2010. More…
April 20, 2010
Dr. Don Berwick, the President and CEO of the Cambridge-based Institute for Healthcare Improvement was nominated yesterday by President Obama to head up the federal Centers for Medicare and Medicaid Services (CMS). The position will require Senate confirmation, and while Dr. Berwick should be a shoe-in as someone who is well-respected and admired by those across the political spectrum, there is some concern that Senators who oppose health reform will use the hearings to further bash the new legislation. Source
April 19, 2010
In a new twist on lawsuits against Obamacare, TN attorney Van Irion filed a national class action in Federal court. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the Commerce clause precedent, arguing that current precedent in effect destroys the intent of the Constitution and specifically the 10th Amendment. More at PRWeb…
April 15, 2010
Ilyse W. Schuman, Steven J. Friedman and David M. Sawyer. Health Care Reform: Are You Prepared? A Timeline for
Employers to Follow.
The Patient Protection and Affordable Care Act was signed into law on March 23, 2010. Amendments to the PPACA were included in the Health Care and Education Reconciliation Act of 2010, which was enacted on March 30, 2010 (these two Acts are collectively referred to as the “PPACA”). The legislation will impose significant new responsibilities on employers, some of which are already effective. While further guidance is expected on the application of these requirements, the following provides a summary and timeline of key provisions of the PPACA. As employers look ahead to theimplementation of the PPACA, Littler Mendelson will be providing additional publications to provide employers with compliance strategies in connection with various components of the new law. More at Littler Mendelson…