Karl Bayer's Disputing Blog » Healthcare Disputes

Effects of Tort Reform on U.S. Health Care Spending

By Holly Hayes - October 22, 2009

by Holly Hayes The Congressional Budget Office (CBO) issued an analysis of the effects of tort reform proposals on health care spending. The CBO estimates that implementing a nationwide package of tort reform proposals would result in reductions of health care spending of about 0.5 percent or about $11 billion in 2009. This figure represents a reduction of 0.2 percent from lower medical liability premiums and a 0.3 percent reduction from less uti

Health Care Industry Leaders Respond to Senate Finance Committee Vote

By Holly Hayes - October 15, 2009

By Holly Hayes The American Hospital Association (AHA) posted this statement on their website in response to the Senate Finance Committee vote on October 13, 2009, on the health care reform bill. The Senate Finance Committee today (October 13, 2009) voted 14-9 to approve health care reform legislation that would expand health coverage to 91% of U.S. residents. The bill received one Republican vote, from Sen. Olympia Snowe (R-ME). According to the

Industry Responses to Medical Malpractice Reform in President Obama’s Health Care Plan

By Holly Hayes - September 11, 2009

by Holly Hayes President Obama’s Plan on Health Care (discussed here and outlined here) includes a provision on medical malpractice reform that instructs the Secretary of Health and Human Services to award medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality. Following are some responses from industry leaders: American Hospital Association (AHA) President and CEO, Rich Umbdenstock, said

President Obama’s Health Care Speech: Tort Reform Implications to Arbitration and Mediation

By Holly Hayes - September 11, 2009

President Obama’s speech (text is here and videos: Parts I, II, III, IV, and V) to a joint session of the U.S.Congress delivered on September 9, briefly mentioned a proposal to move the medical malpractice lawsuits out of the court system and before mediators, medical expert panels, and arbitrators. Although we have not been able to find out the details of the plan –it appears that it will be announced within a month– here is wh

Legislating ‘Bad Faith’ in Mediation

By Holly Hayes - September 4, 2009

By Holly Hayes Steve Mehta wrote a thoughtful and thought-provoking post on bad faith mediation on his blog Mediation Matters. Mr. Mehta references HB 2256, a Texas law that addresses three things as bad faith: failure to participate, failure to have a full authority representative present, and failing to provide necessary information. It authorizes the mediator to report this conduct. Mr. Mehta notes, “Interestingly, I do not think a statu

Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’

By Holly Hayes - August 5, 2009

By Holly Hayes As discussed in my previous post, Texas House Bill 2256 was signed into law on June 19, 2009. The bill provides a procedure for mediation of “balance billing,” which is the practice of billing insured patients for amounts or balances not covered by the insurer. HB 2256 also includes the following section on “bad faith” mediation: SUBCHAPTER C. BAD FAITH MEDIATION Sec. 1467.101. BAD FAITH. (a) The following conduct

Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’

By Holly Hayes - June 29, 2009

By Holly Hayes Texas House Bill 2256 was signed into law on June 19, 2009 and is effective immediately. The bill provides a procedure for mediation of out-of-network health benefit claim disputes. The law now gives patients the option to mediate when they are “balance-billed” by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, and neonatologists. Balance billing

Mediation in Healthcare

By Holly Hayes - May 25, 2009

By Holly Hayes While the use of mediation for conflict resolution is gaining strength in a number of industries, a recent accreditation standard (LD.01.03.01) issued by The Joint Commission is expected to prompt hospitals to explore an expanded use of mediation to manage conflict in the healthcare setting. The new Leadership Standard: Conflict Management Standard LD.01.03.01 became effective January 2009. The overall standard states, “The governi