Healthcare Law Briefs
1. GAO Finds No Simple Answer to Malpractice-Access
Problem
In five states with reported problems with rising medical malpractice
insurance premiums, the General Accounting Office confirmed instances of
localized health care access problems, but found that other factors
played a role. In the Aug. 29 report, GAO said limited available data
indicate that growth in malpractice premiums and claims payments has
been slower in states that enacted tort reform laws that include caps on
noneconomic damages. GAO said that in the five states--Florida, Nevada,
Pennsylvania, Mississippi, and West Virginia--there were instances of
reduced access to hospital-based services affecting emergency surgery
and newborn deliveries. The access difficulties occurred in scattered
locations--often rural areas--where providers identified other
long-standing factors that also affected the availability of health care
services.
Sept 3 -- BNA's Health Care Daily Report
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2. Medical Malpractice Lawsuits Filed in Philadelphia Decrease
The number of medical malpractice lawsuits filed in Philadelphia have
dropped by nearly two-thirds since PA lawmakers issue new legal rules
aimed at limiting venue shopping. From January through July, 326
malpractice suits were initiated in the city's Court of Common Pleas –
the fewest for that period since 1990, compared with 913 such suits
begun in those seven months last year, reported the Inquirer. So far
this year, 281 existing cases have been transferred out of Philadelphia
because of the venue requirement that they be tried in the county where
the alleged negligence occurred, although it is not clear whether the
decline in city malpractice filings has been counterbalanced with
commensurate increases in suburban courts, the Inquirer noted. In
February, the month after the Pa. Supreme Court issued new rules
requiring that malpractice plaintiffs have a doctor sign off on the
merits of their claims and that such suits be filed in the county where
the alleged negligence occurred, 34 malpractice suits were initiated in
Philadelphia – also a 13-year low, the Inquirer added. Philadelphia
Inquirer, August 31, 2003
http://www.philly.com/mld/inquirer/2003/08/31/news/front/6656888.htm
September 2, 2003 - PND News Briefs- Western Pennsylvania Edition
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3. Healthcare Reform Ideas
The coming presidential elections will produce reams of proposals and
sound mega-bytes of campaign statements. If you are interested in
reading some of the more thoughtful ideas on healthcare reform, log onto
the following Health Reform Web site. http://www.healthaffairs.org/WebExclusives/Oberlander_Web_Excl_082703.htm
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4. Mcare Hospital Surcharges
The Mcare program authorizes facility surcharges for licensed facilities
to assist in paying for the operations of the Mcare Authority. The
Pennsylvania Bulletin (August 30, 2003) , at pages 4360-4369, lists the
facility surcharges for this year. The hospital surcharge is allocated
based upon licensed beds. The Pennsylvania Bulletin can be accessed
online at
www.pabulletin.com.
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>For more information about the
topics presented in this newsletter please contact one of the
Healthcare
Attorneys:
>Read
the June/July 2003 issue of our HEALTHCARE
NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
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