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I AM 100% AGAINST A GOVERNMENT
RUN HEALTH CARE PROGRAM. There
are over 1300 health insurance companies in this
country. The provisions of their policies are
dictated by state and local governments. If there
is not enough competition or if there is insufficient
coverage for individuals, blame government
Putting government
in charge of our health also eliminates government
as a level for appeal. Citizens will lose protection;
they do not gain it. Also, Medicare has the highest
percentage of disallowed health care requests.
We need to keep patient care, patient-centered,
not government controlled.
There are several
things we can do to improve our health care system
that do not involve placing the entire system
in the hands of the government:
A. Reduce
waste, fraud, and abuse in payouts for health
care
B. Allow insurance companies to sell
health insurance across state lines -circumventing
special interests in state capitols
C. Provide small controlled businesses,
as defined by the IRS, the same treatment that
big corporations receive by allowing owners
to deduct health insurance as a business expense,
not an itemized deduction and without any requirement
to pay social security on the cost.
D. Reform tort laws so as to reduce unnecessary
testing and malpractice insurance costs.
a.
Limit attorney's contingency fees. California
limits the attorney to 40% of the first $50,000,
33% of the next $50,000, 25% of the next $500,000
and 15% of any amount exceeding $600,000.
b. Put limits on non-economic damages
in states where the constitution would allow.
c. Require that prospective lawsuits be
submitted to a panel composed of doctors,
private individuals and no more than one attorney.
The panel's findings would be allowed as evidence
in court. (See Indiana law) If the panel decided
that the suit did not have merit, the suit
could still move forward but with the requirement
that the loser pay the cost of the suit.
d. Allow loser pays in frivolous lawsuits.
e. Establish a post jury panel to set/recommend
non-economic awards. The panel would be a
permanent panel that would circulate to various
jurisdictions and be composed of private citizens
with not more than one attorney.
f. Establish rules that would allow a
defendant to make an offer in settlement such
that should the final settlement or award
be less or within 10%, that the individual
litigating would pay legal costs from the
point of the offer forward.
g. Require expert witnesses to provide
substantial and recent experience in the practice
area that involves the procedures questioned
in the malpractice suit.
h. In the case of material or drug claims,
limit contingency fees as in (a) above. i.
In the case of material or drug claims, require
plaintiffs to disclose their involvement in
other cases involving medical claims.
e. Establish
a post jury panel to set/recommend non-economic
awards. The panel would be a permanent panel
that would circulate to various jurisdictions
and be composed of private citizens with not
more than one attorney.
f. Establish rules that would allow
a defendant to make an offer in settlement
such that should the final settlement or award
be less or within 10%, that the individual
litigating would pay legal costs from the
point of the offer forward.
g. Require expert witnesses to provide
substantial and recent experience in the practice
area that involves the procedures questioned
in the malpractice suit.
h. In the case of material or drug
claims, limit contingency fees as in (a) above.
i. In the case of material or drug
claims, require plaintiffs to disclose their
involvement in other cases involving medical
claims.
E. As
to suits involving material causing medical
or physical damages to an individual such as
asbestos, an implant or a prescribed drug, require
that the defendant(s) submit with the lawsuit,
a statement of other medical malpractice lawsuits
resulting in settlements or court decisions
in which they have been involved within the
prior 25 years. Additional plaintiffs would
be required to submit statements within 30 days
of their certification as a defendant.
F. Improve wages in the private sector
by passing laws that will increase productivity
thereby making health insurance affordable for
millions.
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Ed Dedelow
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