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.

October 2 roundup

  • Cameras in the Neiman Marcus “loss security” (anti-theft operations) room? So unfair when they catch two employees making whoopee [Chicago Tribune via Feral Child]
  • Flipping their wigs: after three centuries judges in British civil and family courts today end tradition of horsehair wigs [Times Online]
  • The right number? $28 million to Boston victim of negligent Big Dig construction [Globe]
  • White collar advice: “Always commit crimes with people more important than you are, so you can turn them in” [Dershowitz, Forbes]
  • Injured while skylarking on freight trains, now want Oz taxpayers to pay for their injuries [The Australian]
  • That’ll spoil the fun: New Jersey high court bars judges from discussing future employment with lawyers who have pending cases before them [NJLJ]
  • Compromise on Capitol Hill lets Pandora survive a little longer to negotiate with music rights owners [ReadWriteWeb; earlier here, here]
  • Rapists with leverage over the adoption of a resultant child? [four years ago on Overlawyered]

Whoops: “DUI attorney explains her own DUI charge”

Janiece Lacross, a drunk-driving defense lawyer in Washington state, has lately run into her own trouble with the law: “Last November she drove drunk with her three young children in the backseat. She hit a boy on his bike in Kitsap County, breaking his leg and sending him into the bushes. But the vehicular assault charge against her was dropped and reduced to just a DUI, which brought Mothers Against Drunk Driving to court to find out why.” Lacross entered rehab and will accept home monitoring and attend victim impact events as part of her plea in Tacoma to DUI and three counts of reckless endangerment; her repentant statements in court even made a relatively favorable impression on MADD, not the easiest thing to do. The passing bit of the story that induced a momentary double take: as part of her penitence, it is said that Lacross “even helped the young victim, Joseph Griffith, with his civil suit for personal injuries”. Against herself? (Keith Eldridge, KOMO, Oct. 1).

Microblog 2008-10-01

  • Tyler Cowen’s views on the credit crisis [Marginal Revolution] #
  • Lehman’s role in clearing London trades meant its collapse maimed many customers [NYT DealBook] #
  • “Laying on of hands”: Man who used church as front for brothel fights order barring him from massage business [Balko, Hit and Run] #
  • “Orphan copyright” proposal dies for this term in Congress [Krafets, Wired “Threat Level”; earlier] #
  • Inland Empire woe: spray-painting lawns green to simulate happier times in Calif’s “Foreclosure Alley” [Calculated Risk] #
  • Just a reminder: both my blogs now have their own Twitter feeds at @overlawyered and @pointoflaw. #
  • “Milk powder” “Falun Gong” “earthquake” — just seeing if that elaborate Chinese web-bug system catches me [NYTimes] #

“RealDVDs, surreal law suits”

“Well, that didn’t take long. One day after RealNetworks releases its DVD copying software, lawsuits are filed. Who’s right, who’s wrong, and where do movie fans fit in?” And are movie industry lawyers going to replace RIAA’s as a target at the center of customers’ dartboards? (Robert X. Cringely, InfoWorld, Oct. 1). More: Cory Doctorow, BoingBoing on the peculiar press-anonymity of some of the lawyers (h/t commenter Orval).

Aerial snooping for property taxes

“A new high-tech aerial photography system that can spot an illegal porch from 5,000 feet is being marketed to tax assessors as a way to grow revenue.” Backers say the system can help assessors spot not only unauthorized building additions but also cases in which taxpayers claim farmstead exemptions but aren’t farming enough of their land to qualify. (Richard Degener, “Taxes could get sky-high with aerial technology”, Press of Atlantic City, Sept. 29).