Karl Bayer's Disputing Blog

Next Steps in Medical Liability Reform Demonstration Projects Announced by the AHRQ

By Holly Hayes - October 23, 2009

by Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) will hold a subcommittee meeting open to the public on October 26, 2009, to provide advice regarding grant funding for two demonstration projects: Medical Liability Reform and Patient Safety Demonstration Projects (R18) and Medical Liability Reform and Patient Safety Planning Grants (R21). These demonstration projects were announced on September 9, 2009, as part of The Obama Pla

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

IRS Expands Appeals Mediation Procedure

By Victoria VanBuren - October 16, 2009

Effective October 5 2009, the Internal Revenue Service (IRS) has an updated mediation procedure for cases in the Appeals administrative process. Under Revenue Procedure 2009-44, the IRS expands the types of cases eligible for voluntary mediation and clarifies the cases that are ineligible. Mediation is available for: Legal issues. Factual issues. Certain compliance coordination issues. Early referral issues where agreement is not reached. Issues

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

Grants for Medical Liability Reform Demonstration Projects

By Victoria VanBuren - October 9, 2009

by Holly Hayes Last month, President Barack Obama announced a plan (discussed here and here) for funding medical malpractice reform projects in order to explore ways to manage medical liability claims. Below is a press release from the Agency for Healthcare Research and Quality (AHRQ) about the grant funding process. AHRQ Announces Intent to Publish Grant and Contract Solicitations for Patient Safety and Medical Liability Reform Demonstration Pro

The Uniform Mediation Act and Confidentiality

By Victoria VanBuren - October 2, 2009

By Holly Hayes As discussed in a previous post, an attempt has been made to explore confidentiality in the Uniform Mediation Act (UMA) and provide an updated list of the states who have implemented the Act, those where legislation is pending, states who have rejected the act and those who have chosen to adopt similar bills. The Uniform Mediation Act, constructed by committees from the National Conference of Commissioners on Uniform State Laws and

Texas Bar Journal Article: “Mediation Myths and Lies”

By Victoria VanBuren - September 25, 2009

Luciano A. Rodriguez, an attorney past president of the Texas Association of Mediators wrote an interesting article about what he views as “mediation myths” held by attorneys who handle court-annexed mediations. Here is his list of myths: A Strong Mediator is Better Allowing the Party to Speak at the Opening Session is Always Dangerous and Should be Avoided The Opening Offer from Plaintiff Mus Be Very high in Order to Reach a Reasonab

Mediation Confidentiality

By Victoria VanBuren - September 19, 2009

by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the Civil Practice & Remedies Code, Chapter 154. Alternate Dispute Resolution Procedures. Specific sections of this code that address confidentiality are as follows: § 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES. (a) A person a

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