Re: Tort Reform -- NO FAULT

From: Braun, R. Daniel (dean@thehuffpeople.net)
Mon Aug 16 11:20:10 2004


..

A thought:

If a "NO FAULT" model were to be established, then perhaps the money to run the system should come from a "tax" on medical receipts, perhaps 5%, perhaps more or less.

It would be a dangerous precident in taxing madical care. There might be some advantages, however:

- The tax could remove the need to pay professional liability premiums.

- All entities involved in medical/dental/health care could be taxed -- the physicain, the hospital, the pharmacy, etc.

- The "premiums" paid could be modified according to the type of care provided. Dentists and internists might have a lower premium than OB/GYN's or neuro surgeons.

- There would be a fixed amount of money to pay awards. All awards would come from this pot of money. Hence there would be an incentive (and there could be rules) to avoid high "non-ecconomic" awards, to "double dip" (i.e., paying patients for the cost of care, the costs of which have already been covered by insurance), etc.

- Those who choose not to pay their medical bills would have any awards decreased on a prorated basis (without the awarding authority knowing whether or not the medical bills had been paid) -- you pay only half your bill, the award is decreased by 50%. You pay nothing, the award is diminished by 100%

- All cases decided administratively, not in the courts (substantial savings).

Just a thought.





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