Jeffrey Segal, MD, JD - Medical Justice

It’s Official, Obama Signed the Bill, But We STILL Don’t Know What It Means

August 15, 2024March 23, 2010 by Jeffrey Segal, MD, JD

A short while ago, the wire service put out (and everyone chimed in) that President Obama had signed the Affordable Health Care for America Act (as it is apparently now being called,) into law. Hurray! It’s a great day for America! Now if we could please find out what we just bought into?

The same rehash has been playing over and over again on the media. 16 million more get Medicare. Children won’t be saddled with Pre-Existing Conditions. Most (but not all) Americans will have to have health insurance, and those who are without coverage now because of pre-existing conditions can expect to be able to get insurance via a high-risk pool until more of the bill kicks in, a few years down the line. Could it possibly be more vague? Perhaps. Maybe if they just left it at that it’s “really gonna be good for everybody — you wait and see!”

Medical law concept with gavel and stethoscope on desk

This Is What Change Looks Like – Health Care Reform Act of 2010 Passes the House

September 17, 2024March 22, 2010 by Jeffrey Segal, MD, JD

As most of you know, Medical Justice has been watching the health care reform act’s progress closely. What played out was a bit like a soap opera, full of melodramatic statements. It was very informative, and demonstrated why the Democrats pushed this through procedurally.

Finally, debates were done, and it was time to vote.

The Democrats were slightly divided. Republicans all voted along party lines. By 10:45 pm, EST, the U.S. House of Representatives had enough votes to pass the bill. Two minutes later, the final tally showed 219 Democrats in favor, 34 opposed. The Republican vote was 176 against, with 2 abstaining. The final tally was 219 in favor, 212 against. The House had confirmed the Senate’s Heath Care Reform Act of 2010. This vote makes the Senate’s act law, subject to the President’s signature, which is expected in the first few days of this week.

FTC Announces New Guides Concerning Use of Endorsements and Testimonials in Advertising

August 15, 2024March 21, 2010 by Jeffrey Segal, MD, JD

VEIN Magazine Spring 2010 – Volume 3 Issue 2 – p 42, 43 By: Jeffrey Segal, MD, JD, FACS Michael Sacopulos, JD Download legal_consequences_of_physician_employment

AMA Supports Health Care Reform Bill, Throws Tort Reform Under The Bus

August 15, 2024March 21, 2010 by Jeffrey Segal, MD, JD

The House Health Care Reform bill of 2010 is almost a reality. Some have suggested that the entire bill be tossed out. Others are saying that it should be held off until our representatives have had sufficient time to read and analyze them. Yet another faction thinks that it’s not what anyone really wants, but it’s a good start, so they should vote for it and get that hurdle over with. Those who were opposed are jumping on the bandwagon for the sake of the 31,000,000 uninsured (who won’t actually get benefits for years.) Then there’s the AMA.

Dr. J. James Rohack, president of the American Medical Association, claims “qualified support” for the bill, because he believes the bill will be “extending health coverage to the vast majority of the uninsured.” Supposedly it it was further stated that doctors are deeply disappointed that the bill doesn’t repeal the method by which Medicare payments are calculated. Though Congress informally agrees to address the issue, physicians’ Medicare payments are repeatedly threatened by significant cuts, which Congress keeps putting short-term bandages on. Surprisingly enough, some Democrats (such as Peter DeFazio,) have said that they won’t support the bill unless it increases Medicare payments to states that provide high-quality care at low costs. It would seem the AMA wasn’t as interested in protecting the interests of their members as is Mr DeFazio.

Pelosi: Just Vote For It And Then You Can Find Out What It Says

August 15, 2024March 20, 2010 by Jeffrey Segal, MD, JD

It is the eve of historic change. With every new piece of news that hits the wire, it becomes clearer that Speaker Pelosi will have the votes necessary to pass the Heath Care Reform Act of 2010. Fantastic! A new day, a new era for America! But, uhm… what is it that we’re celebrating? What is it that they’re passing on our behalf? 2309 pages, and the representatives are still struggling to read PARTS of it… yet the Speaker of the House tells people to vote for it? When has there ever been a Congress so willing to vote in the blind?

Medical Justice is by and for healthcare professionals. Of course, we want people to have health insurance. We want them to have health care available to them, health care they can afford. After all, we’re here to alleviate suffering. But, come on, people, at least know WHAT it is you’re voting for!

In comments to a blog about the subject, a cardiologist admitted that while it may not be the best thing for him, it’s the best thing for his children, grandchildren, friends, and acquaintances, so he’s in favor of it. Noble… but he doesn’t know what’s in those 2309 pages either. And that’s not the end of it either.

Some of the votes are “secured” by agreements to change the bill AFTER it is voted on and before it is presented to President Obama for signature. What sort of things are we talking about?

Then there’s the quote from a trial attorney,

2309 Pages in 72 Hours = 32 Pages An Hour — If They Don’t Think Or Sleep

August 15, 2024March 19, 2010 by Jeffrey Segal, MD, JD

The Reconciliation Act of 2010 sits before us now, a 2309 page .pdf file chocked full of Therefors and Wherebys and a whole slew of legalese; one piece referencing another. Even if you have a law degree, there’s no way you’ll know what it all means and how (or IF) it all works together. In short, even legislators are going to have to take each others’ word for it. But that all assumes that any of them will have or will take the time to read it.

72 hours of “transparency” means over 32 pages per hour — if they don’t sleep, eat, shower, cross-reference the spaghetti-code, or think about what any of it means or how it all supposedly fits together. The reality is that there is barely time to read it all, never mind the hope of catching mistakes or misunderstandings. There is certainly no time to analyze it, to ponder, to decide… and yet the House is expecting to vote?

From The Trenches #5 — Taking Personal Responsibility

August 15, 2024March 18, 2010 by Jeffrey Segal, MD, JD

From The Trenches

(Healthcare Reform for the Real World)

#5: Taking Personal Responsibility

This is the fifth in a series of articles examining the problems in our health care system from the real world where patients get sick and injured, and doctors and other health care providers work to heal them. In the series, we’ll identify the actual non-political problems, and offer sound, sensible solutions that we can ourselves enact to reduce risk and increase patient safety.

People rely upon professionals to take care of them, and it is reasonable for them to do so. Though we come from a world of generalists, medicine is a world of specializations, and we defer to these experts. Perhaps this is wise; a specialist can afford to dig into the depths of his or her field of expertise and gain greater understandings of those detailed workings. But that doesn’t mean that we have become impotent, or that we shouldn’t still have a generalist who can see the forest while standing amongst the trees. More importantly, that doesn’t mean that we delegate or relegate our responsibility for our own health and well being; We can rely upon the expertise of specialists without giving up control of our lives.

38 States Poised to Sue Federal Government Over Mandatory Health Care Insurance Requirement

September 17, 2024March 18, 2010 by Jeffrey Segal, MD, JD

But even if it passes in the next few days and the President signs it, the battle is still far from over.

Kucinich and Kildee Switch Votes on Health Care Reform bill, Deeming Arises

August 15, 2024March 17, 2010 by Jeffrey Segal, MD, JD

This morning, Dennis Kucinich, (D-OH) am outspoken opponent to the current health care reform bill, switched his vote to a Yes. Even as he announced his conversion, he made no bones about his feelings on the matter, saying “I have doubts about the bill. … This is not the bill I wanted to support. However, after careful discussions with President Obama, Speaker Pelosi, my wife Elizabeth and close friends, I’ve decided to cast a vote in favor of the legislation.” Kucinich went on to explain that he changed his position because he realized that it was better to pass a bill that can be changed than to pass nothing at all. President Obama’s reaction was anticlimactic; he simply said that it was good that Kucinich did so.

Representative Dale E. Kildee (D-MI) had also been opposed to the bill, but his objection was that he didn’t want to vote for government-funded abortions. Earlier today, he said the abortion restrictions were sufficient to win his vote, though. He expressed that he felt the sanctity of life for the 31,000,000 Americans without health insurance was a pretty strong motivation to vote in favor of it.

GOP Leadership Admits to Intentionally Obstructing Senate

August 15, 2024March 17, 2010 by Jeffrey Segal, MD, JD

Senator Mitch McConnell, the Republican Minority leader, has a singular, broad objective. He wants to oppose the Democrats at every turn, in every way, no matter what. Whether something is good for the country is entirely irrelevant (despite the seldom rhetoric to the contrary.) What matters to him is that his party “wins” by foiling the efforts of the majority of the People’s representatives. Whether we agree with him on an issue or not has become irrelevant, as his goal isn’t to do anything specific. Rather, McConnell’s goal is to weaken the Democratic majority, to block them and make them seem ineffective and foolish as often as possible. Some might say all is fair in love and war. Others might call that Treason.

McConnell Can’t Lead, Won’t Follow, and Refuses To Get Out of the Way — Though the Republicans cannot hope to lead the Congress, they are refusing to follow, even when it is clear that a piece of legislation would be good for the country. Rather, he and his fellows are dead set in standing in the way of success. On July 21, 2009, McConnell at the Senate Republicans’ weekly luncheon in the L.B.J. Room, Senator McConnell’s PowerPoint presentation bragged that the president’s approval rating was down and that Republicans were gaining ground on Democrats. “We came up with a plan, stuck to it, and now we’re starting to see results,” he claimed in his presentation (leaving us to wonder just what good those results might be for the country they were elected to represent.) Throughout, it is clear that he doesn’t care about anything except his side “winning”. Even people within the GOP agree that McConnell is more concerned with the Democrats looking bad, than with moving the country towards progress.

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