Talk of The Villages Florida - View Single Post - Tort Reform - when you have a claim
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Old 06-20-2009, 03:36 PM
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Originally Posted by SteveZ View Post
No government rate-setting is correct. Physicians do have one advantage - health insurance supplements which pay all or some of the delta between the billed rate and the government-set rate. In attorney situations where the government is the defendant, the court can retroactively set the hourly rate (no supplementing allowed) and disallow numbers of hours and expenses. For a case that can take 2-5 years to resolve and all of the expenses borne by the attorney during that time frame, it doesn't take more than a couple of these to discontinue servicing that clientele.
To be very clear, there are MANY instances where supplements will not kick in. In almost every case supplements follow medicaire rules on what is deemed "appropriate" or allowable for charges. Supplements are there to fill the gap on the 1st 20% that Medicare part A and B do not cover..the deductable if you will. It is in fact illegal as a Medicare provider to charge or accept more than Medicare reimburses from a Medicare patient. True price controll.
Additionally, if Medicare deems a (for instance) a hospitalization stay as unneccessary or too lengthy, the supplements will also deny payment based on Medicare guidelines, whether logical and appropriate or not. The "delta" is by and large not included.
And while "no rate setting" is correct it is in fact happening, and why should attorneys be immune? Just as you stated attorneys would flee certain fields if price controlls were put in place, physicians are leaving, or potential physicians are never starting. We are less than a decade away from seeing the full affects of this. You think it's hard to get an appointment with an internist or primary care provider now?? Be prepared, we now have the perfect storm. A dearth of primary care providers (that will worsen) as the baby boomers come of age.
I frankly have little patience for the defense of PI lawyers or regulations on them at this point. It is ludicrous in the face of what medical providers face, and the PI folks are largely responsible. If they are going to bleed the system, let them have the same constraints as those they take advantage of.