“States fear that five words in Obama health law will open door to lawsuits”

by Walter Olson on April 5, 2010

“Tucked away on page 466″ is a provision that quietly replaces states’ obligation to make sure doctors are paid to deliver services to the poor with a new obligation to make sure the services are in fact delivered. “‘With the expanded definition, it leaves every state vulnerable to a new wave of lawsuits any time someone cannot access a service, even if that service is limited by virtue of the rates we pay,’ said Alan Levine, Louisiana’s secretary of health and hospitals, in a recent memo prepared for fellow state government officials.” [Jon Ward, Daily Caller]

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PointOfLaw Forum
04.05.10 at 4:39 am


1 Jim Collins 04.05.10 at 7:24 am

Is this by error or design? The trial lawyers groups seemed to be in favor of this fustercluck of a bill. I wonder if there are any more legal booby traps in there?

2 GregS 04.05.10 at 9:34 am

Maybe the intention of this is to be a backdoor way of forcing the states to increase their Medicaid reimbursement rates to physicians, while ensuring that the additional cost doesn’t show up on the federal government’s books.

3 Bumper 04.05.10 at 7:44 pm

Unless the federal government conscripts physicians there soon won’t enough of doctors to treat the nation’s Medicaid and Medicare patients.

Which may have been the plan all along.

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