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	<title>Comments on: Healthcare Update 11-27-2009</title>
	<atom:link href="http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/</link>
	<description>A blog from inside the emergency department</description>
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		<title>By: Matt</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15425</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Fri, 04 Dec 2009 23:46:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15425</guid>
		<description>Must depend on the jurisdiction.</description>
		<content:encoded><![CDATA[<p>Must depend on the jurisdiction.</p>
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		<title>By: A. J. Campbell</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15424</link>
		<dc:creator>A. J. Campbell</dc:creator>
		<pubDate>Fri, 04 Dec 2009 22:37:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15424</guid>
		<description>Matt --
I&#039;m glad malpractice defense lawyers are a &quot;highly prized commodity&quot; in your area. Around here, they are paid $110 to $140 per hour, even attorneys who have tried dozens and dozens of cases to verdict with a success rate of greater than 90%. Anyone who expresses dissatisfaction with that level of compensation stops receiving new files.WhiteCoat&#039;s take on this is much closer to reality than yours.</description>
		<content:encoded><![CDATA[<p>Matt &#8211;<br />
I&#8217;m glad malpractice defense lawyers are a &#8220;highly prized commodity&#8221; in your area. Around here, they are paid $110 to $140 per hour, even attorneys who have tried dozens and dozens of cases to verdict with a success rate of greater than 90%. Anyone who expresses dissatisfaction with that level of compensation stops receiving new files.WhiteCoat&#8217;s take on this is much closer to reality than yours.</p>
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		<title>By: joe</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15275</link>
		<dc:creator>joe</dc:creator>
		<pubDate>Tue, 01 Dec 2009 03:10:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15275</guid>
		<description>re: &quot;seems you’ve lost the point of your own argument. A law in Nevada expressly caps the amount plaintiff’s lawyers can make.&quot;

Max I am not talking anything about plantiff lawyers. I don&#039;t even know what point you are trying to make.

It is clear to me you know nothing about the percent of medicine that is funded by public dollars. You know nothing about how about the laws that exempt health insurers from antitrust laws. Heck, Sen Patrick Leahy held hearings last month to look at repealing this exmption due to allegations of price-fixing. I mean really, quit embarassing yourself and LOOK IT UP. You do know how to use google don&#039;t you?</description>
		<content:encoded><![CDATA[<p>re: &#8220;seems you’ve lost the point of your own argument. A law in Nevada expressly caps the amount plaintiff’s lawyers can make.&#8221;</p>
<p>Max I am not talking anything about plantiff lawyers. I don&#8217;t even know what point you are trying to make.</p>
<p>It is clear to me you know nothing about the percent of medicine that is funded by public dollars. You know nothing about how about the laws that exempt health insurers from antitrust laws. Heck, Sen Patrick Leahy held hearings last month to look at repealing this exmption due to allegations of price-fixing. I mean really, quit embarassing yourself and LOOK IT UP. You do know how to use google don&#8217;t you?</p>
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		<title>By: Max Kennerly</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15264</link>
		<dc:creator>Max Kennerly</dc:creator>
		<pubDate>Mon, 30 Nov 2009 16:48:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15264</guid>
		<description>Joe,

It seems you&#039;ve lost the point of your own argument. A law in Nevada expressly caps the amount plaintiff&#039;s lawyers can make.

You have analogized this law to situations where by some health care plans will freely negotiate rates with providers that bear a relation to the government&#039;s own reimbursement rate.

Do you really and truly not see the difference between an express restriction on fees and a freely-negotiated rate that bears a freely-negotiated relation to a separate government rate?</description>
		<content:encoded><![CDATA[<p>Joe,</p>
<p>It seems you&#8217;ve lost the point of your own argument. A law in Nevada expressly caps the amount plaintiff&#8217;s lawyers can make.</p>
<p>You have analogized this law to situations where by some health care plans will freely negotiate rates with providers that bear a relation to the government&#8217;s own reimbursement rate.</p>
<p>Do you really and truly not see the difference between an express restriction on fees and a freely-negotiated rate that bears a freely-negotiated relation to a separate government rate?</p>
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		<title>By: Fyrdoc</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15233</link>
		<dc:creator>Fyrdoc</dc:creator>
		<pubDate>Sun, 29 Nov 2009 04:29:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15233</guid>
		<description>&quot;The problem with your theory is that the perception is very much not the reality. The majority of malpractice never even results in a claim, much less a lawsuit. Your beliefs have not become facts, no matter how much you wish them to be.&quot;

Buses crash far, far more commonly than airplanes, but John Madden still won&#039;t fly.  And what you don&#039;t get, or don&#039;t want to get is that if all doctors are doing extensive testing in the false belief it will help them in a suit, it doesn&#039;t matter if it is not actually helping.  That doesn&#039;t make the test any cheaper...</description>
		<content:encoded><![CDATA[<p>&#8220;The problem with your theory is that the perception is very much not the reality. The majority of malpractice never even results in a claim, much less a lawsuit. Your beliefs have not become facts, no matter how much you wish them to be.&#8221;</p>
<p>Buses crash far, far more commonly than airplanes, but John Madden still won&#8217;t fly.  And what you don&#8217;t get, or don&#8217;t want to get is that if all doctors are doing extensive testing in the false belief it will help them in a suit, it doesn&#8217;t matter if it is not actually helping.  That doesn&#8217;t make the test any cheaper&#8230;</p>
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		<title>By: joe</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15232</link>
		<dc:creator>joe</dc:creator>
		<pubDate>Sun, 29 Nov 2009 04:03:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15232</guid>
		<description>Max:
For someone trying to be so argumentative you really don&#039;t know much about what you are talking about. A little life experience may be in order max.
&quot;Keys off&quot; is simple and well known to anyone around medicine (including lawyers). Different health plans will reimburse a certain percentage of medicare rates. (110% or more if you are lucky). Throck is correct in that we cannot talk with our brethren outside our own groups with respect to setting rates and we certainly cannot try to price-fix with other groups against insurance companies. As a lawyer I am SURE you know about the antitrust exemption that was established in the 1945 McCarran-Ferguson Act which health insurance companies hide behind and do the same to docs right?   

Lastly, your hospital chair conversation is one of two things: 
A: a lie 
B: A very middle-upper class situated hospital that I and most docs would love to work at. 
Those numbers are from the CDC in 2007
http://www.cdc.gov/nchs/data/hus/hus07.pdf
&quot;Overall, private health insurance paid for 36% of total personal health expenditures in 2005, the federal government 34%, state and local government 11%, and out-of-pocket payments accounted for 15%.
 Not quite 50% of public funds (not just medicare and medicaid but the vast majority being those two entities), but also that was for 2005, four years ago. I (and anyone here in the business) highly doubt those percentages have gone down. 
Again, if you want to be part of the conversation max, quit being lazy, those numbers are hardly hidden. Do I need to wipe your butt after you take a crap too?</description>
		<content:encoded><![CDATA[<p>Max:<br />
For someone trying to be so argumentative you really don&#8217;t know much about what you are talking about. A little life experience may be in order max.<br />
&#8220;Keys off&#8221; is simple and well known to anyone around medicine (including lawyers). Different health plans will reimburse a certain percentage of medicare rates. (110% or more if you are lucky). Throck is correct in that we cannot talk with our brethren outside our own groups with respect to setting rates and we certainly cannot try to price-fix with other groups against insurance companies. As a lawyer I am SURE you know about the antitrust exemption that was established in the 1945 McCarran-Ferguson Act which health insurance companies hide behind and do the same to docs right?   </p>
<p>Lastly, your hospital chair conversation is one of two things:<br />
A: a lie<br />
B: A very middle-upper class situated hospital that I and most docs would love to work at.<br />
Those numbers are from the CDC in 2007<br />
<a href="http://www.cdc.gov/nchs/data/hus/hus07.pdf" rel="nofollow">http://www.cdc.gov/nchs/data/hus/hus07.pdf</a><br />
&#8220;Overall, private health insurance paid for 36% of total personal health expenditures in 2005, the federal government 34%, state and local government 11%, and out-of-pocket payments accounted for 15%.<br />
 Not quite 50% of public funds (not just medicare and medicaid but the vast majority being those two entities), but also that was for 2005, four years ago. I (and anyone here in the business) highly doubt those percentages have gone down.<br />
Again, if you want to be part of the conversation max, quit being lazy, those numbers are hardly hidden. Do I need to wipe your butt after you take a crap too?</p>
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		<title>By: Matt</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15230</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Sun, 29 Nov 2009 01:38:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15230</guid>
		<description>The problem with your theory is that the perception is very much not the reality.  The majority of malpractice never even results in a claim, much less a lawsuit. Your beliefs have not become facts, no matter how much you wish them to be.   

However, this is a minimal issue in comparison to the oncoming &quot;reforms&quot; in congress. It&#039;s a shame you don&#039;t see it.</description>
		<content:encoded><![CDATA[<p>The problem with your theory is that the perception is very much not the reality.  The majority of malpractice never even results in a claim, much less a lawsuit. Your beliefs have not become facts, no matter how much you wish them to be.   </p>
<p>However, this is a minimal issue in comparison to the oncoming &#8220;reforms&#8221; in congress. It&#8217;s a shame you don&#8217;t see it.</p>
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		<title>By: throckmorton</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15228</link>
		<dc:creator>throckmorton</dc:creator>
		<pubDate>Sun, 29 Nov 2009 01:23:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15228</guid>
		<description>Matt:

Reforms are more about the practice of medicine than the dollars.  Right now medical students and residents are being trained in the era of &quot;lawsuit avoidance&quot; instead of evidence based medicine.  The perception that you can be sued for anything has become the reality and has wormed itself into the fabric of medicine.  In biologic terms the host has been taken over by the parasites.  Medicine needs a deworming.</description>
		<content:encoded><![CDATA[<p>Matt:</p>
<p>Reforms are more about the practice of medicine than the dollars.  Right now medical students and residents are being trained in the era of &#8220;lawsuit avoidance&#8221; instead of evidence based medicine.  The perception that you can be sued for anything has become the reality and has wormed itself into the fabric of medicine.  In biologic terms the host has been taken over by the parasites.  Medicine needs a deworming.</p>
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		<title>By: Fyrdoc</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15225</link>
		<dc:creator>Fyrdoc</dc:creator>
		<pubDate>Sun, 29 Nov 2009 00:17:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15225</guid>
		<description>All private insurance &quot;negotiated&quot; (more like dictated) are based on E&amp;M codes and RVUs with a negotiated modifier.  I can only bill six levels, regardless of who gets the bill.  

And CT scans etc. is based on the hospital.  That is like us complaining about expert witness fees.  Let&#039;s compare apples and apples and keep the discussion on professional fees.

And Matt,

Physicians are hardly the highest paid profession.  We are regularly out earned by the CEOs that run our facilities, investment bankers, trial lawyers, business consultants, etc.  No one in their right mind goes into medicine for the money.  Between the cost of lost opportunity over the time spent in training and the student loan indebtedness, it takes an ignorant man to believe physicians are so well paid.  My younger brother is a retail store general manager.  After my student loans are paid, he takes home 20% more than I do each month...</description>
		<content:encoded><![CDATA[<p>All private insurance &#8220;negotiated&#8221; (more like dictated) are based on E&amp;M codes and RVUs with a negotiated modifier.  I can only bill six levels, regardless of who gets the bill.  </p>
<p>And CT scans etc. is based on the hospital.  That is like us complaining about expert witness fees.  Let&#8217;s compare apples and apples and keep the discussion on professional fees.</p>
<p>And Matt,</p>
<p>Physicians are hardly the highest paid profession.  We are regularly out earned by the CEOs that run our facilities, investment bankers, trial lawyers, business consultants, etc.  No one in their right mind goes into medicine for the money.  Between the cost of lost opportunity over the time spent in training and the student loan indebtedness, it takes an ignorant man to believe physicians are so well paid.  My younger brother is a retail store general manager.  After my student loans are paid, he takes home 20% more than I do each month&#8230;</p>
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		<title>By: Matt</title>
		<link>http://www.epmonthly.com/whitecoat/2009/11/healthcare-update-11-27-2009/#comment-15224</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Sat, 28 Nov 2009 23:43:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=3856#comment-15224</guid>
		<description>So why are you guys spending all your time and legislative dollars on malpractice &quot;reforms&quot;, which have such a minimal effect on your lives?</description>
		<content:encoded><![CDATA[<p>So why are you guys spending all your time and legislative dollars on malpractice &#8220;reforms&#8221;, which have such a minimal effect on your lives?</p>
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