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Monday, February 14, 2005
JCAHO Calls for Med Mal System Reform

The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) last week released a policy paper proposing a series of changes in the nation’s medical liability system. The report, Healthcare at the Crossroads: Strategies for Improving the Medical Liability System and Preventing Patient Injury, outlined the negative impact of the current liability system on physicians and patients and recommended several demonstration projects to test alternatives to the current system.  The report recommended that the current proposal for caps on non-economic damages be expanded to include a focus on long-term system changes.

JCAHO’s call to action, the product of a panel of medical liability and patient safety experts, identified three key strategies for achieving the recommended change: Actively pursuing patient safety initiatives that prevent medical injury; promoting open communication between patients and practitioners; and creating a patient-centered injury compensation system. To view a related news release visit www.jcaho.org/news+room/news+release+archives/jcaho_0210_05.htm, and a copy of the white paper is available for download at www.jcaho.org/about+us/public+policy+initiatives/tort_resolution.htm.

Find information on the Ohio medical liability insurance market online at www.ohanet.org/med-mal/. (Rick Sites, ricks@ohanet.org)
 


Tuesday, February 15, 2005
Congress Revisits Mandatory Overtime Issue
Legislation re-introduced in both the U.S. House of Representatives and Senate last week would limit mandatory overtime for nurses to 12 hours in a 24-hour period and 80 hours over 14 days. The legislation is sponsored by Reps. Pete Stark (D-CA) and Steven LaTourette (R-Ohio) in the House and Sen. Edward Kennedy (D-MA) in the Senate. Kennedy introduced the same legislation unsuccessfully in 2003.

Similar legislation was introduced in Ohio during the previous General Assembly, and the OHA Board of Trustees as well as the Board of the Ohio Organization for Nurses Executives opposed the bill because of its potential to threaten the safety and well-being of patients.  Hospitals rarely use mandatory overtime—it functions as a last resort for critical circumstances. For more information on this issue in Ohio, visit www.ohanet.org/advocacy/state/issues/nurseovertime.htm.  (Jonathan Archey, jonathana@ohanet.org; jeffk@ohanet.org)


Wednesday, February 17, 2005
Federal Liability Reform Bill Introduced
Attempting medical liability reform legislation on the federal front again, Sens. Judd Gregg (R-NH) and John Ensign (R-NV) last week introduced the Health Efficient, Accessible, Low-Cost, Timely Healthcare Act (HEALTH) of 2005. The HEALTH Act would cap non-economic damages at $250,000, place restrictions on punitive damages, and impose a three-year statute of limitations on the filing of liability lawsuits, with an exception for children under six. The bill would also limit attorney contingency fees, hold defendants liable only for their share of damages, and allows for periodic payment of future damages of $50,000 or more.

The HEALTH Act is similar to legislation that Gregg and Ensign sponsored last year that stalled in the Senate. Gregg also plans to introduce liability reform legislation focused on obstetrics-gynecology and trauma care, high-risk specialties greatly impacted by the nationwide medical liability insurance crisis. OHA continues to support federal legislation that would help stabilize skyrocketing medical liability insurance premiums for hospitals and physicians. For more about the crisis and other liability reform legislation, visit www.ohanet.org/med-mal/. (Jonathan Archey, jonathana@ohanet.org)


Thursday, February 17, 2005
Hospitals Speak Out on ‘Specialty’ Hospitals

Hospital representatives nationwide, including five major Ohio health systems, yesterday met with federal legislators to outline their concerns about physician self-referral to limited-service, physician-owned hospitals as part of the American Hospital Association’s (AHA) most recent advocacy day on Capital Hill.

Along with AHA and OHA, hospital representatives called on members of Congress to prevent conflict of interest and promote fair competition by permanently prohibiting physician self-referral to limited-service hospitals that carve out relatively profitable services from community hospitals. In the Congressional meetings, Ohio’s delegation was generally sympathetic to hospitals’ message that limited-service, physician-owned hospitals do not promote fair competition since they generally do not offer the same breadth of services as full-service community hospitals, such as emergency and trauma care.

Hospitals moreover advocated for Congress to close a loophole allowing physician self-referral to a “whole hospital.” Federal laws prohibit physicians from referring patients to facilities where they have an ownership interest. An exception allows physicians to refer patients to a whole hospital theorizing the financial gain would be too small to constitute a conflict of interest. However, because limited-service, physician-owned hospitals pull out hospital departments or certain services, the facilities are essentially a hospital department – to which physician self-referral is prohibited – and not a whole hospital as intended by the original law.

AHA yesterday released a report finding the opening of physician-owned, limited-service hospitals led to increased costs and use of health care services, forced cutbacks in other services at full-service hospitals, and placed access to emergency and trauma services at risk. Find a news release at www.aha.org/aha/press_room-info/.

Additional visits to lawmakers’ district offices are planned over the next several weeks. Hospitals are urged to continue building congressional support on this issue by contacting their federal lawmakers. Talking points and template letters are available by contacting Jonathan Archey, OHA's Federal Relations Manager.  (Jonathan Archey, jonathana@ohanet.org

Hospitals Take Stance on Upcoming Public Disclosure Bill
Last session, legislation was introduced that would require hospitals to submit patient billing data to the Ohio Department of Health, which would adjust it and post hospital outcomes information available on a public Web site. The bill's sponsor, Rep. Jim Raussen (R-Springdale), has indicated that a bill will be reintroduced in the next few weeks.

The OHA Committee on Advocacy and Policy last week discussed the previous legislation and OHA submitted a letter to Rep. Raussen this week outlining the position of Ohio’s hospitals. Hospitals are supportive of informed consumers and, to that end, currently submit quality data to a variety of state and national organizations. OHA opposes submitting case-level, patient billing data to a state agency for hospital performance measurement. OHA notes in its letter to Raussen that submission of patient–level data can result in a costly bureaucratic system with unreliable and outdated consumer information, and would be quite expensive, costing hospitals statewide approximately $9.3 million a year. OHA, on behalf of Ohio’s hospitals, also opposes the idea of a new statewide effort to disseminate hospital information that duplicates existing initiatives, and provides consumers with information on the outpatient services of hospitals and not all providers. To learn more about this issue, or to access OHA’s letter and a grid outlining what each Ohio hospital can expect to be charged to meet the bill’s requirements, visit www.ohanet.org/advocacy/state/issues/public_disclosure.htm. (Jeff Klingler, jeffk@ohanet.org)

OHA Center for Education
Don’t miss the following OHA educational seminar. Visit OHA's Center for Education at www.ohanet.org/education/education_programs.asp or call 614.221.7614 for more information about this and other upcoming events.

New Frontiers in Labor Relations
February 23, 2005, March 2, March 16, March 23 and March 30, 2005
 


Friday, February 18, 2005
Cutting Ohio Medicaid: Do the Savings Outweigh the Costs?
Proposed cuts to Medicaid and government assistance programs could send more than 40,000 low-income working Ohioans over the thin line into the growing uninsured population. Though these rollbacks may trim budgets now, they compound long-term problems: the growth of Ohio’s uninsured population, the loss of coverage for vital health care services for thousands of working Ohioans and reduced funding for hospitals already struggling to cover costs and retain vital services. 

At 1.7 million, the number of Ohioans without health care coverage is equivalent to the population of the entire Greater Columbus area. The uninsured often put off health care until they require emergency care, using the emergency room as a primary health care provider. Cutting 25,000 Ohioans from Medicaid translates into a potential 150 additional patients to every ER in the state. Many of the 800,000 adults unable to receive vision and dental coverage under Medicaid would also likely seek emergency care for problems they could not afford to treat in the early stages.  

The proposed state budget also freezes reimbursement rates to providers, costing hospitals an estimated $142.8 million over the next two years. Falling reimbursement hits hospitals already dealing with workforce shortages, the need for facility renovations and expansion, the growing uninsured and aging baby boomer populations and other factors.

Ohio’s hospitals understand the state and federal governments’ need to balance budgets and maintain financial stability, but this mission should not be achieved at the expense of the health of Ohioans and care for the state’s most vulnerable citizens. To read the complete February Healthbeat article, visit www.ohanet.org/healthbeat/2005/0205.htm.