Re: ACOG Key Contact message...
From: art fougner, md (evsono@pipeline.com)
Sat Feb 10 14:45:11 2001
Joe -
have read this 3 times - exactly where is the proviso for capping damage
awards against the docs? or moving malpractice cases into federal courts
to save$$$?
still looking -
art
At Fri, 09 Feb 2001, DoctorJoe@aol.com wrote:
>
>FYI
>
>Joe P.
>
>--
>
>ACOG Key Contact Listserv
>Legislative and Regulatory News
>from the American College of Obstetricians and Gynecologists
>February 9, 2001
>_______________________________________________________
>
>_______________________________________________________
>For additional Legislative News articles, visit
>_______________________________________________________
>http://www.acog.org/from_home/departments/dept_web.cfm?recno=26
>_______________________________________________________
>_______________________________________________________
>
>_______________________________________________________
>Managed Care Reform Begins to Move:
>
>1. A New Bipartisan Compromise:
>
>This week, Senators John McCain (R-AZ), Ted Kennedy (D-MA) and a coalition of
>Democratic and GOP lawmakers in the House and Senate introduced the
>"Bipartisan Patient Protection Act of 2001." This compromise legislation
>closely resembles last year's Norwood-Dingell bill and covers all Americans.
>However, the bill's sponsors propose a new approach to liability issues.
>Medical disputes would be reviewed in state courts, while contract claims
>would go to federal court where awards would be capped at $5 million.
>
>Senators Arlen Specter (R-PA), John Edwards (D-NC), Bob Graham (D-FL), Tom
>Harkin (D-IA) and Representatives Greg Ganske (R-IA), Robert Andrews (D-NJ),
>John Dingell (D-MI), Frank Pallone (D-NJ), Marion Berry (D-AR), and Max
>Sandlin (D-TX) joined McCain and Kennedy in announcing introduction of the
>bill.
>
>2. The White House Weighs In:
>
>Rep. Charlie Norwood (R-GA) acceded to a request made to all Republican
>legislators by White House aides the day before , not to cosponsor the
>McCain-Kennedy bill. Instead, Norwood issued a press release expressing his
>support of the bill while postponing his sponsorship of the legislation.
>
>White House aides suggest that President Bush is concerned about the
>liability provision in the McCain-Kennedy bill. White House Press Secretary
>Ari Fleisher indicated that Bush wants "stricter limits" on damage awards
>with a possible $750,000 cap. Bush is also concerned about excessive patient
>lawsuits stating that "employers...should be shielded from unnecessary and
>frivolous lawsuits."
>
>In a statement released in response to the introduction of the bipartisan
>bill, Bush outlined his principles to a compromise, in which he expressed
>that the highest deference should be given to existing state patient
>protection laws and to the traditional authority of states to regulate health
>insurance.
>
>Senator Kennedy indicated that he was "encouraged by the statement of
>principles and hopeful that a constructive bipartisan compromise [could] be
>reached on their remaining differences." Senator McCain, the lead Senate
>Republican on the bill, was less pleased, stating that, "it isn't clear how
>the President would protect existing state laws, such as those in Texas and
>Arizona, by insisting that all disputes be handled in federal court. Clearly,
>this would preempt state laws allowing patients to hold their health plans
>accountable for injuries or death resulting from the HMO's actions."
>
>Go to, http://www.whitehouse.gov/news/releases/20010207-2.html, to view
>President Bush's Principles For a Bipartisan Patient Bill of Rights.
>
>3. Direct Access
>
>One of ACOG's top legislative priorities is to enact legislation to guarantee
>women direct access to covered obstetric and gynecologic services in managed
>care plans. The new McCain-Kennedy compromise managed care reform bill
>includes a strong direct access provision, endorsed by ACOG.
>
>While we work to ensure that all congressional managed care reform proposals
>include strong direct access provisions, we are also working to get stand
>alone direct access bills introduced in both the House and the Senate. This
>strategy helps ensure that direct access legislation can be passed, even if
>Congress fails to act on a larger managed care reform bill. Rep. Kay Granger
>(R-TX) and Sen. Barbara Boxer (D-CA) are currently considering introducing
>direct access bills.
>
>What you can do: Write your Member of Congress today and urge your support of
>the McCain-Kennedy, Bipartisan Patient Protection Act of 2001. Do it today!
>Go to, http://congress.nw.dc.us/cgi-bin/alertpr.pl?dir=acog&alert=59
>_______________________________________________________
>
>_______________________________________________________
>Family Planning: ACOG Urges Bush to Stand by His Commitment to Support Family
>_______________________________________________________
>Planning
>_______________________________________________________
>
>Together with women's health and reproductive rights organizations, ACOG sent
>a letter yesterday to President Bush, urging him to stand by the commitment
>he made on his first day in office that "one of the best ways to prevent
>abortion is by providing quality voluntary family planning services."
>
>The letter requests a funding level of $300 million, an increase of $46
>million, for Title X family planning in the FY2002 budget. To view the letter
>go to,
>http://www.acog.org/from_home/departments/dept_notice.cfm?recno=11&bulletin=1424
>_______________________________________________________
>
>_______________________________________________________
>_______________________________________________________
>ACOG Pushing for EMTALA Reforms
>
>ACOG is working closely with the AMA, the American College of Emergency
>Physicians, and other physician groups to develop legislation and
>Congressional support for improvements in the Emergency Medical Treatment and
>Active Labor Act (EMTALA.) EMTALA requires hospitals to provide emergency
>medical treatment and screening to all individuals entering emergency
>departments.
>
>The physician community has become increasingly concerned that HCFA and the
>courts have expanded EMTALA in ways that compromise a physician's ability to
>provide high quality patient care, that may expose physicians to increased
>liability, and that do not appropriately reimburse physicians for their time
>and efforts.
>
>It's important that any ob-gyn specific concerns Fellows may have are
>included in the overall legislative package that will be presented to
>Congress. Fellows who have experienced particular difficulties as a result
>of EMTALA are urged to email ACOG's Department of Government Relations at
>keycontact@acog.org, with their comments and concerns.
>_______________________________________________________
>
>_______________________________________________________
>_______________________________________________________
>RU-486 Bill Reintroduced
>
>Senator Tim Hutchinson (R-AR) and Representative David Vitter (R-LA)
>reintroduced the "RU-486 Patient Health & Safety Act" which was sponsored by
>Hutchinson and retired Rep. Tom Coburn (R-OK) last fall. This legislation
>would "codify and strengthen" the FDA's regulations governing distribution
>and administration of mifepristone.
>
>At the press conference, Vitter said, "Last Fall, the Clinton-Gore FDA caved
>into political pressure from the abortion lobby and hurriedly approved the
>abortion drug without crucial health protections for those who use it. Our
>legislation corrects that mistake." Vitter also suggested that the bill would
>align the U.S. with European nations, such as England and France, which have
>established "more stringent" provisions.
>
>At the same, time members of the Congressional Pro-Choice Caucus, including
>Reps. Nita Lowey (D-NY), Rosa DeLauro (D-CT), Dianne DeGette (D-CO), and Jan
>Schakowski (D-IL), held a press conference to condemn the bill. Lowey said,
>"If President Bush signs a bill with these restrictions you may as well pull
>the drug from the market."
>
>ACOG will monitor all upcoming action on this legislation.
>_________________________________________________________
>
>_________________________________________________________
>_________________________________________________________
>Congress Plans to Move Bankruptcy Reform: Clinic Violence Amendment Likely to
>be Offered
>
>Senate Republican Leaders announced this week its intention to bring
>bankruptcy reform legislation to the floor for a vote next week, following
>committee action earlier in the week.
>
>Senator Chuck Schumer (D-NY) and Representative Jerrold Nadler (D-NY) have
>indicated that they will offer amendments to the bankruptcy measure to
>prohibit clinic violence criminals from avoiding penalties for their crimes.
>Judiciary ranking member, Patrick Leahy (D-VT) has also stated his support
>for restoring this provision to the bill.
>
>ACOG strongly supports the Schumer/Nadler amendment.
>
>What you can do: Urge your Member of Congress to support the Schumer/Nadler
>amendment. Go to,
>http://congress.nw.dc.us/cgi-bin/alertpr.pl?dir=acog&alert=26
>_________________________________________________________
>
>_________________________________________________________
>_________________________________________________________
>ACOG Supports DES Action International Colloquium on Capitol Hill
>
>April 2, 2001 marks thirty years since the discovery, by Arthur Herbst, MD
>and others, of the link between DES (diethylstilbestrol) and cancer.
>
>On April 2, ACOG, along with the national organization for DES-exposed
>people, will hold a daylong Colloquium on Capitol Hill for Members of
>Congress and Congressional staff, featuring Dr. Herbst and other experts.
>
>The public is invited and advance registration is required. The registration
>fee of $65 includes all conference materials, lunch, and a networking
>reception. To register and for more information, call DES Action at
>1-800-DES-9288 or go to http://www.desaction.org.
>
>_________________________________________________________
>
>_________________________________________________________
>If you would like more detailed information on active bills in Congress,
>_________________________________________________________
>please go to the congressional website: http://thomas.loc.gov
>_________________________________________________________
>
>Thank you for your interest and support in ACOG's efforts on Capitol Hill.
>Let us know of your progress. Send an email to keycontact@acog.org.
>
>If you would like to unsubscribe from this listserv, please reply to
>keycontact@acog.org with the word "unsubscribe" in the subject line.
>
--
art fougner, md
A series of 1000 cases begins with but a single anecdote.
