Posted on 01/07/2017 11:01:19 AM PST by Brian Griffin
ENROLLMENT
Any state licensed medical practitioner/medical facility who/which:
1. is participating in Medicare and/or Medicaid and/or
2. has EMTALA responsibilities and/or
3. has professionally impacted interstate commerce since enactment
and paid a quarterly income tax amount (described below) into the system for a state may enroll in the system for their state and shall have the due process rights of the system for any and all practice/business done in the state after enrollment.
FUNDING
1. To process claims and pay economic damages:
a. a 10% federal tax on gross participating practitioner obstetric care income and
b. a 2% federal tax on other gross participating practitioner medical care income and
c. a 1% federal tax on gross participating medical facility income
d. such additional tax amounts as a participating state government reasonably deems economically necessary under its law
2. All would be subject to appropriate adjustment (by medical specialty) under state law, including:
a. surcharges for practitioners, who:
A. have apparently been in practice for less than three years and/or
B. are under licensing probation and/or
C. have been sanctioned by a government or medical organization for criminal or professionally related activity and/or
D. have cost the system (for the state) more than they have paid into it and/or
E. practice in a high-risk specialty
b. rebates, when a reserve has become excessively large
3. To pay non-economic damages of any type:
a. a tax on soda and/or other widely consumed consumer product/products/service/services, to be levied by the state and paid into the system
[Soda is undertaxed, most other things are overtaxed.]
4. The revenues would be placed in accounts for economic and non-economic damages, to be set up as directed by the Secretary of HHS and taken over by a state if it decides to participate in the system.
The taxes shall be due on federal estimated income tax quarterly due dates.
The payment by patients and/or insurers for those taxes shall be a private contractual matter.
Enrollment in the system of the state shall bar financial responsibility/malpractice insurance/like legal requirements of the state.
REVIEW and AWARD PANELS
1. A panel of experts in for each medical art would make awards
2. Each panel shall normally have three members and would have its members appointed by:
a. the Secretary of HHS if the state has not acted to set up (enough) panels or
b. the governor of the state if authorized by state law or
c. the state licensing agency governing practitioners of the medical art involved if authorized by state law or
d. as otherwise provided by state law
3. Panel members would be paid:
a. $100/hour of work if they possess an active MD/OD/DDS license + $30/hour more if board certified...
b. $40/hour of work if they have another active state medical license or
c. if the panel members are employed by the state, such other compensation as state law may provide
ADMINISTRATION
The Secretary of HHS shall appoint state system managers until state law eliminates the need to do so.
HHS is hereby provided with an appropriation of $20 million to start up the systems.
Administration personnel shall be paid appropriate SES/GS amounts while systems for states are run by the federal government.
INITIAL CLAIM SUBMISSION
1. The medical part of a claim of each claimant must be prepared by a state-licensed practitioner in good standing with the state, who certifies he/she:
a. is an expert in the medical art involved and
b. has correctly dealt with at least one patient in the prior four years who was in a like situation of the patient alleged to have been wronged prior to treatment and
c. provides relevant state licensing (and board documentation) and education information to the panel
2. The medical part of each claim must describe:
a. the alleged malpractice
b. what the practitioner believes should have been done/not done instead
The practitioner may also describe other acceptable practices.
3. Each claim must be accompanied by:
a. a fee/fees of
I. $300 plus
II. $20 per page or image of evidence plus
III. for each claimant, 2% of the maximum amount of damages the claimant (and/or his/her attorney) wishes to (and could) get via the system
The critical written malpractice medical evidence should be highlighted in yellow, or otherwise appropriately noted.
The critical evidence for monetary demands should be highlighted in orange, and/or otherwise appropriately noted.
A list of desired monetary demands should be submitted for each claimant, both in writing and by an e-mail directed to the panel, with suggested amounts and their reasons (in the order of the evidence), as may justify an award, provided.
4. Joinder shall be an evidenced private contractual matter.
5. A claim involving more than one claimant must be prepared by an attorney who is a member of the state bar and who represents all the claimants.
6. No future amount may be claimed except when requested via an attorney licensed by the state [so appropriate future amounts are requested].
SERVICE of PROCESS
1. Each medical practitioner or institution allegedly involved plus the appropriate licensing agency/agencies must be served and provided with a full printed copy of the claim information.
INITIAL RESPONSE
1. Each medical practitioner/institution named may respond by a sworn notarized writing to the claim.
PANEL REVIEW
1. Not less than 30 days after completed service, the panel may review the claim.
2. A panel may:
a. subpoena any additional evidence it may require
b. hold one or more hearings
c. subpoena witnesses
3. Hearings may be recorded electronically by panels and attorneys of record, or their designated agents.
4. Hearings shall be closed to outsiders without an interest in the case.
DECISIONS
1. Each panel shall state its decision in writing.
2. A panel may:
a. require further education of any practitioner involved in the case
b. require the practitioner pass one or more exams before resuming professional practice with respect to medical issues
c. suspend the license(s) of any wayward practitioner involved in the case for up to 30 days
d. make recommendations and provide copies of its decisions to state licensing agencies
e. award monetary damages
RIGHT of RE-REVIEW
1. Any party unhappy with a panel decision may request a re-review by:
a. paying an appeal fee equal to half the total fee amount(s) above within 30 days, or such lesser amount as may be specified by state law, if the system for the state is run by the state
b. submitting any additional evidence desired plus written arguments prepared by at least one other certifying state-licensed practitioner in good standing with the state
SECOND SERVICE of PROCESS
1. The party requesting a re-review must serve all parties involved in the case and provide each with copies of said additional evidence and of those written arguments
SECONDARY RESPONSE
1. Each medical practitioner/institution named may respond by a sworn notarized writing to the claim.
PANEL RE-REVIEW
1. Not less than 30 days after completed service, the panel may re-review the claim.
2. the panel may hold a hearing or hearings and subpoena any additional evidence or witness or witnesses it may require.
RE-REVIEW DECISION
1. Each panel shall state its final decision in writing.
2. A panel may:
a. require further education of any practitioner involved in the case
b. require the practitioner pass one or more exams before resuming professional practice with respect to (certain) medical (or legal) issues
c. partially/completely suspend the license(s) under the laws of the state of any wayward practitioner involved in the case for up to 30 days
d. make recommendations and provide copies of its decisions to state licensing agencies
e. award monetary damages
RIGHT of APPEAL to the COURT SYSTEM of the STATE
1. Any party unhappy with any final panel decision may appeal the decision to a state court of law subject to procedural law of the state within 30 days, and shall inform the system of said appeal by the system's web site.
2. If the state doesn't provide its system with revenue to fund non-economic damages, non-economic damages must be requested via the state court system.
3. The state court system must decide the case within 24 months and shall send by mail, on a certified delivery basis, copies all judgments that may affect the state system to the state system.
SAFE HARBORS
State licensed practitioners such as doctors and physician assistants may, without triggering liability or state law surcharges:
a. provide verbal guidance, as necessary or as is often provided by state licensed medical professionals, to patients/guardians
b. prescribing a test or tests or a then approved FDA medical product for a patient
c. provide printed copies of federal and/or state government sponsored test advice information to patients/guardians (for any purpose, including that of avoiding defensive medicine costs)
d. provide printed copies (of portions) of guidelines widely accepted by domestically licensed medical professionals to patients/guardians
e. follow guidelines or computer-based checklist systems widely accepted by domestically licensed medical professionals
This section shall not excuse multiple drug administration/interaction malpractice.
GUIDELINES
Awards may not be provided for merely not following any guideline, but only for significant failure to provide care to a patient at a level a large percentage of state practitioners (in the relevant medical art) would consider acceptable.
PRODUCT LIABILITY
The system is meant to deal solely with medical malpractice and shall not deal with the legal problems caused by defective products.
PROFESSIONAL FEES
State licensed practitioners such as doctors and attorneys may charge fees, which must be reasonable and which may be regulated by state/federal law, for assisting people/institutions through the process.
TERMS
1. The term "economic damages" means objectively verifiable monetary losses, including for:
a. past/present/future payment for past/present/future remedial health care services and medical products, including those pain related
b. loss of earnings/employment/business or employment opportunities
c. cost of obtaining domestic services needed:
I. by the injured patient and/or
II. to replace those habitually and necessarily provided to a person reliant on the injured patient
2. The term "non-economic damages" means other damages, including: physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
PAYMENT of CLAIMS
1. Adjudicated finalized claims are to be paid on a monthly basis by the system for the state on or about the third business day of the month for:
a. medical expenses, to be paid first, on an equal basis dollar-by-dollar (per injured party) in so much as the state reserves for economic damages on hand permit
b. lost income + the cost of obtaining domestic services, up to $2,500/month/injured patient, to be paid on an equal basis dollar-by-dollar (per injured party) in so much as the state reserves for economic damages on hand exceed all pending medical expense claims by over 30%
c. claims for other economic losses to be paid on an equal basis dollar-by-dollar (per injured party) in so much as the relevant state reserves for economic damages on hand to pay them exceed all pending economic claim amounts by over 10% plus at least $10 per state resident by the last census used for Congressional apportionment
2. claims for non-economic losses are to be paid on an equal basis dollar-by-dollar (per injured party) in so much as the relevant state reserve has sufficient state federal Medicaid dollars to pay them and all economic claims finally adjudicated have been paid in full
3. Claims for future amounts must be held in trust [so PPACA/Trumpcare health coverage payors don't have to pay too].
4. Claims will be paid to the attorney of record for a claim, who must (arrange to) hold future client amounts in trust and return excessive amounts back to the state (system).
5. Practitioners and medical organizations must reimburse the system as required by the system for 20% of the amount of damages paid by the system.
BARRED DAMAGES and DAMAGE COMPUTATION
1. The following types of damages shall be barred with respect to claims against enrolled parties:
a. lost income above $10,000/month, except as required by contract
b. cost of obtaining domestic services, other than those needed for the injured patient and/or for a severely disabled or unemployable person habitually cared for by the injured patient
c. non-economic damages, except for:
A. inconvenience [awards in excess of two times the taxi fare amount for travel + $2 per five minutes of inconvenience shall be justified]
B. physical impairment [awards in excess of $30,000/$5,000/$1,000 per year (of life expectancy) for crippling/life-transforming/minor impairment shall be justified]
C. dismemberment [awards in excess of $20,000/$4,000 per year (of life expectancy) plus a base of $100,000/$20,000 for the loss of two/one hand(s), arm(s) or leg(s) shall be justified]
D. disfigurement [awards in excess of $20,000/$3,000/$1,000 per year (of life expectancy) (cut in half for ages > 42) for severe facial/typically disturbing to interacting strangers/minor disfigurement shall be justified]
E. injury to reputation [awards in excess of $5,000 + ($1,000+$200 per month)/loss of a close personal relationship shall be justified]
F. up to 30 days of: suffering, mental anguish, emotional pain [awards in excess of $300/$200/$100 day for crippling/life-transforming/other loss shall be justified]
G. loss of enjoyment of life [awards in excess of $500/$200/$100 per month for crippling/life-transforming/other loss of enjoyment (in excess of 12 months) shall be justified]
H. loss of society and companionship, loss of consortium [up to age 18 of a child/up to five years of a spouse or life partner/one year other: awards in excess of $5,000/$2,000/$1,000 per year for crippling/life-transforming/minor loss shall be justified]
I. physical pain with a physically evidenced basis [awards in excess of $30,000/$5,000/$1,000 per expected year of life expectancy for crippling/life-altering/other pain shall be justified]
J. such other amounts listed by contract
Panels may rely on pain panels to compute awards for pain.
Panels and courts may rely on state laws generally applicable to tort cases that set up award formulas with respect to the allowed types of non-economic damages.
ADDICTION MINIMIZATION
1. The system and state courts may only pay for "other" physical pain and its treatment for an injured patient only during the time is was treated by:
a. the injured patient's designated, habitual, most common or actual primary care physician
b. the first physician to treat the pain after the malpractice, other than the injuring medical practitioner
c. a surgeon who performed remedial surgery
d. a pain specialist who was referred to by any one of the above
e. an anesthesiologist with respect to remedial surgery
and only if the injured patient committed no criminal offense with respect to painkillers after being injured
INCOME TAXATION of AWARDS
Except for payments for remedial medical expenses and the cost of obtaining domestic services, all award amounts shall be subject to basic federal income tax.
Self-employment tax must be withheld and paid on award amounts meant to replace the lost income of injured parties.
Medicare tax at the rate of 2.9% must be withheld and paid on award amounts meant to replace the lost income of injured parties.
Systems run by the federal government will not withhold for a state or state law government or agency.
Systems run by the state government can withhold additionally as per state law.
PUBLIC RECORDS
In any case where damages were paid by the system, the following shall be a matter of public record:
1. the names of the people/entities who were found by a panel to have caused damage and the amounts each caused, and independently, to protect patient privacy
2. the people paid and the total amounts each was paid
Soda tax? To fund a government malpractice pool?
You need to stop sniffing glue.
No quicker way to de-legitimize oneself
comments ?
“Soda tax? To fund a government malpractice pool?”
“You need to stop sniffing glue.”
The soda tax is a tax that the jurors most likely to award massive uneconomic damages awards would pay.
The tax is designed to make the lower-income jurors who haven’t earned much money in their lives think hard and carefully before handing out other peoples’ money.
“soda tax”
As you all well know, there are lots of people that don’t pay for much of anything - the welfare class.
There are a limited number of possible ways to get low-income people to contribute without causing them misery.
“soda tax”
One possibility I thought of before the soda tax was Medicaid adult co-pays.
However, providers would have a hell of a time collecting them.
It is much easier to raise money via a soda tax than for a office manager to get $5 or $10 an office visit from life-long moochers.
The moochers gladly pay for soda.
Even the middle class hates co-pays.
Dude, you can’t fix prices for every contingency, moreover, what about inflation?
If enrollment is only for Medicare/Medicaid providers, this will be another reason for doctors to drop out.
This is too centralized and complex. The only winners here are the totalitarian bureaucrats. I hate technocracy.
*”Dude, you can’t fix prices for every contingency, moreover, what about inflation?”
My plan explicitly allows for justified increases.
Laws can be amended.
Inflation is officially considered small.
Social Security has only been increased by about 10% during Obama’s time in office.
*”If enrollment is only for Medicare/Medicaid providers, this will be another reason for doctors to drop out.”
They almost all [99.99%] impact interstate commerce.
The Medicare/Medicaid/EMTALA stuff is merely make it impractical for state legislatures filled with lawyers to block enrollment.
*”This is too centralized and complex.”
Yes, it is “centralized”. The number of true medical malpractice cases is small.
What you think is “complex” is to me very simple. I’m used to digging through piles of patents that are several feet tall (~5,000 pages of highly technical information)and working on software systems with source code books that stack as high as all the phonebooks for California would have.
*”The only winners here are the totalitarian bureaucrats. I hate technocracy.”
Medicine and medical malpractice is highly technical. So yes, it is appropriate that the cases be first handled by technocrats.
Better to pay technocrats about 10% of the malpractice costs than lawyers about 60%.
Soda tax is a new thing, claiming massive awards likely is dubious. Further, the purpose of a tax is to induce jury awards? I could go on.
Where does the Constitution authorize the federal government to provide professional/business insurance?
“the purpose of a tax is to induce jury awards”
Reduce jury awards
“Where does the Constitution authorize the federal government to provide professional/business insurance?”
There are federal malpractice reform bills pending, including one by Congressman Price, the man most likely to become the Secretary of Health and Human Services.
The system for paying for health related things like drugs, the second largest item of interstate commerce, is at the breaking point.
Many people can’t buy the (interstate commerce sourced)drugs they need because health insurance is too damn expensive.
One of the reasons why health insurance is too damn expensive is because the existing medical malpractice system isn’t working well.
A problem of socialism.
You sidestepped the question, by the way.
This is Brian Griffin
This proposal is a scam being pushed by someone to open the flood gates of malpractice claims. If you are a physician you would be sued by every patient under this system. There would be no reason not to make a claim under this system. Say goodbye to health care by an independent physician under this approach. This is designed to collapse the health care system.
“Where does the Constitution authorize the federal government to provide professional/business insurance?”
It comes from the explicit power of Congress to levy direct and income taxes - just as with Social Security, Medicare and Medicaid systems.
I didn’t ask about authority to tax, I asked about authority to provide professional/business insurance.
By that measure the powers of Congress are unlimited rather than enumerated.
You really do need to stop sniffing glue.
By creating another Federal Government unaccountable bureaucracy staffed with elite grossly overpaid Union protected Public Servants whom will issue directives, fines and penalties to everyone involved in malpractice litigation EXCEPT lawyers and welfare trans sexual clients.
And pay for it with an ultra Progressive Politically Correct soda tax.
MORON
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