Posts Tagged ‘ObamaCare’

Donations please: Sebelius jawbones health care execs

“Health and Human Services Secretary Kathleen Sebelius has gone, hat in hand, to health industry officials, asking them to make large financial donations to help with the effort to implement President Obama’s landmark health-care law, two people familiar with the outreach said.” Congress had earlier turned down a White House funding request for the project, which among other objectives seeks to promote — sorry, “increase awareness of” — the new Affordable Care Act (ACA). Federal law sharply restricts cabinet members’ freedom to fundraise for non-profits while in office, but HHS spokesman Jason Young cited “a special section in the Public Health Service Act [which] allows the secretary to support and encourage others to support nonprofit groups working to provide health information and conduct other public-health activities.” In 2010 the Secretary, who holds wide discretionary power to make life unpleasant for health insurance companies, vowed strict measures against insurers that were undermining the ACA’s popularity by saying they were expecting the law to raise rates. [Sarah Kliff, Washington Post; Michael Cannon, Cato, and follow-up]

Medical roundup

  • Hit by stray bullet, wakes from anesthesia fighting, hospital told to pay $17 million [Georgia; Insurance Journal]
  • Study: physician’s previous paid claims history has no impact on odds of catastrophic med-mal payout [Bixenstine et al, JHQ via PoL] Overall, med-mal payouts have fallen steadily in past decade; $3.6 billion figure last year follows strongly regionalized pattern with top per capita figures all in Northeast [Diederich analysis of annual payouts via TortsProf] Florida law now requires that testifying medical witness be in same specialty as defendant [Business Week]
  • In lawsuits alleging “wrongful birth,” what’s the measure of damages? [Gerard Magliocca, Concurring Opinions]
  • ObamaCare exchanges in D.C., California and Connecticut declare smoking “pre-existing condition,” say insurers can’t base higher rates on it [Kevin Williamson, NR]
  • “The Crime of Whitening Teeth with Over-the-Counter Products” [Caleb Brown, Bluegrass Institute]
  • How not to die: Jonathan Rauch on end-of-life overtreatment [The Atlantic]
  • “I’m going to start a rumor that Sudafed is an abortifacient. Then the feds will finally have to allow reasonable access to it.” [me on Twitter]

Labor and employment roundup

  • For most private-sector employers it’s illegal to let workers take comp time off in lieu of overtime; H.R. 1406, the Working Families Flexibility Act of 2013, would fix that [Hyman]
  • Christine Quinn take note: laws requiring paid sick leave do not constitute social progress [Richard Epstein]
  • Occupational hazards of bagpipe playing (other than being chased out of your neighborhood) [Donald McNeil Jr., New York Times]
  • “Phoenix ‘Not Looking for Strong Swimmers’ for Lifeguard Jobs” [David Bernstein; earlier on discrimination against deaf lifeguards]
  • Decline of full-time work in retail sector in response to ObamaCare: year’s biggest employment story? [Warren Meyer, FoxNews (largest movie theater chain cuts hours for thousands of employees)]
  • City of Philadelphia not doing well on workers’ comp program, to say the least [Workers’ Compensation Institute]
  • “New labor rule will violate attorney-client privilege” [Diana Furchtgott-Roth, D.C. Examiner]
  • “Calling a Co-Worker ‘Stupid’ Not Enough to Prove ‘Disability’, Court Says” [Daniel Schwartz]

Medical roundup

  • “On Average, Physicians Spend Nearly 11 Percent Of Their 40-Year Careers With An Open, Unresolved Malpractice Claim” [Health Affairs via Pauline Chen, NY Times]
  • SCOTUS lets stand Feds’ “accept Medicare or lose your Social Security” edict [Ilya Shapiro, Cato]
  • Robot surgery: from the Google ads, you might think lawyers are circling [Climateer via Tyler Cowen]
  • New York mandates more aggressive anti-sepsis measures in hospitals, and White Coat thinks it won’t end well [EP Monthly]
  • Shortages of generic FDA-regulated sterile injectables begin to take deadly toll [AP/Worcester Telegram, earlier]
  • Continuing the discussion of electronic medical records from a few days back: as medico-legal documents, EMRs are under pressure to be something other than candid and spontaneous [Kaus] While other patients wait for critical care, ER docs and nurses enter mandatory data fields for whether the infant is a smoker or the flu victim is a fall risk [White Coat]
  • Obamacare part-time-work fiasco “only starting to become news when it hits university professors” [Coyote, David Henderson, earlier]

Medical roundup

  • “Blaming doctors for prescription drug abuse” [White Coat] Judge rules victim of pharmacy robbery can proceed with suit against doctor who prescribed painkillers [NYLJ]
  • Louisiana Gov. Jindal’s proposal for letting contraceptives be sold over counter has good libertarian pedigree [David Henderson, Jonathan Adler] More: Ramesh Ponnuru.
  • FDA vs. antiemetics: “How Long Before Zofran Gets Black Boxed?” [White Coat]
  • ObamaCare vulnerable to an Origination Clause challenge? [Sandefur vs. Taranto, via Randy Barnett]
  • “When a child drinks cologne, by all means, sue the doctor… ” [NJLRA]
  • U.S. v. Caronia: does First Amendment protect promotion of off-label drug use? [Richard Epstein/Hoover, PoL, WSJ Law Blog, D&DL, Shackford]
  • Ideas from John Goodman on med-mal reform [Psychology Today]

Medical and pharmaceutical roundup