Archive for 2008

Microblog 2008-10-05

Mental health “parity” insurance mandate

This was the week that Congress passed and the President signed a new law requiring that most health insurers (if they cover mental health treatment at all) pay for lots and lots of talk therapy and addiction rehab the same way they pay for lots of angioplasties or appendectomies, in the name of “parity” and “nondiscrimination”. Very optimistically — it won’t be Congress writing the checks — the ten-year cost is projected at only $3.4 billion. (Judith Graham, “Triage”/Chicago Tribune, Oct. 3). Next week lawmakers will go back to complaining that health insurance has become prohibitively expensive and that much of the population is priced out of buying it altogether. Mickey Kaus remembers where we’ve seen this sort of feel-good short-circuiting of underwriting standards before (Oct. 2).

Annals of traffic-cams

The traffic camera automatically recorded the license plate of the vehicle going too fast, so the owner (in Plettenberg Bay, South Africa) was automatically mailed a ticket. The only problem: the vehicle was being towed by a tow truck at the time. (Stumblng Tumblr, Aug. 5).

More from commenter Cathy Gellis: “I know someone who canceled her Fastrak/EZ Pass automatic toll account and was charged when the device passed through a toll while being mailed back.”

“…His penchant for litigation as a form of costless entertainment”

In the past two years Tyrone Hurt has filed more than seventy appeals with the D.C. Circuit, whose judges observe (PDF):

In just the last couple of years, Hurt has sued the Declaration of Independence, Black’s Law Dictionary, the United Nations, agencies of the District of Columbia and the Federal Government, and various courts and their officers. Hurt has . . . demanded the deportation of a Spanish-speaking government employee.

Finding that Hurt has abused the privilege of having filing fees waived for indigence (“in forma pauperis”) the court dismissed his forty-four pending cases and decreed that he will have to pay ordinary filing fees if he wishes to bring any more pro se actions in that court. Hurt’s various failed lawsuits have demanded “sums of money dwarfing the size of the Federal Government’s annual budget”. (WSJ law blog, Oct. 3).

Microblog 2008-10-03

Scooping up police crash reports, cont’d

Two Milwaukee-based law firms, Hupy & Abraham and the McNally Law Offices, have been gathering up vehicle-crash police reports in the famously litigation-friendly Illinois counties east of St. Louis, and then soliciting persons named in the reports to file injury claims. “Some local police departments, including Belleville, Edwardsville, O’Fallon and the Madison County Sheriff’s Department,” have resisted the demands, based on worries about citizen privacy and identity theft, or have sought to charge for per-report access, which would discourage mass scooping up of names. The McNally firm, however, “sends a copy of a letter from Attorney General Lisa Madigan’s office, which states the police have to allow viewing of the reports, at no charge.” (Brian Bruegemann, “Ambulance chasing? Lawyers zero in on metro-east clients”, Belleville News-Democrat, Sept. 28). Ron Miller at Maryland Injury Lawyer says the practice contributes toward giving the plaintiff’s bar a bad name, and corresponds with attorney Michael Hupy whose firm figures in the story. We covered the phenomenon earlier here and here.

Medicare adopts “never event” policy

We’ve already aired much dissent from the medical profession about whether or not top-notch hospital care can in fact prevent all instances of patient falls, decubitus pressure ulcers (bedsores), hypoglycemia, deep vein thrombosis, delirium, suicide attempts, c. difficile infection, or iatrogenic pneumothorax. Nonetheless, Medicare has adopted its proposal to deny hospitals reimbursement for the cost of treating such events and complications, with likely consequences both for hospital behavior (refusal to admit some patients at high risk of never events), for private insurer behavior and for the climate of medical malpractice litigation. (Kevin Sack, “Medicare Won’t Pay for Medical Errors”, New York Times, Sept. 30). White Coat Rants, who has blogged extensively on the issue in past months, has some predictions (Oct. 1) of things we can now expect to see more of: more patient transfers between hospitals (since Medicare will not punish the second hospital for the first’s “never event”; underdiagnosis of certain conditions and overdiagnosis of others; and, more remotely but no less alarmingly, pressure on some families to serve as ultimate bearers of risk for supposed never events affecting the frailest and most elderly:

Say hello to the Advance Beneficiary Notices. Medicare won’t cover preventative care, so you are going to have to pay for it out of your pocket. If you’re prone to falls or bedsores, you’ll have to pay for a personal nurse to wait on you hand and foot so you don’t develop these never events. If you don’t pay for a personal nurse 24 hours around the clock to keep a never event from happening, you’re personally responsible for paying the costs of treatment if the “never events” occur. You had the opportunity to prevent the events but you were just too cheap to pay for it. I think that ABNs are less likely to catch on, but eventually I think they will become commonplace.

Annals of sweeping discovery: Dish Network vs. Coolsat

“In the war on piracy, consumer privacy is often the first casualty. But on Monday, a federal court imposed some limits on the collateral damage content owners can inflict, blocking a satellite TV provider’s effort to subpoena the names and personal information of thousands of people who purchased ‘free-to-air’ satellite receivers that can be hacked to decrypt signals meant for paid subscribers.” A brief from EFF had argued that “Echostar’s [parent company of Dish Network’s] subpoenas were ‘especially troubling in light of past litigation’ where another satellite TV provider, DirecTV, had similarly obtained customer information in the course of a civil suit against a device manufacturer. The company then sent out 170,000 letters pressuring customers to agree to a $3,500 ‘settlement’ or face litigation.” (Julian Sanchez, Ars Technica, Oct. 1). On the earlier DirecTV litigation campaign, see posts here, here, here, and (reader letter) here.

Update: felon-hiring W.V. attorney

Wheeling, W.V.: the West Virginia Supreme Court has annulled the law license of Mark Blevins, an attorney and candidate for county prosecutor who was accused in disciplinary complants of having solicited a convicted felon to procure a “throwaway” gun and to help him collect money from clients. (AP/Law.com; Wheeling News-Register). Our earlier post drew protests from readers who didn’t think it relevant whether the other party to the discussion was a felon or not.