How to find Net access to SB 1028 - Kassenbaum-Kennedy health bill

JMRoraback at JMRoraback at
Mon Jun 3 11:46:19 EST 1996

List members,

A number of persons have e-mailed me asking me more about the
Kassembaum/Kennedy bill (SB 1028).

I had simply forwarded Dr. Rosenberg's posting regarding the Wall Street
Journal article and have not seen the article myself, though I intend to do

As you remeber, his posting summarized a WSJ article by a Dr. Orient which
 described a number of sub-parts to this bill which would place many
potential fines and causes for imprisonment on fee-for-service providers of
healthcare for, among other things, inaccuracies in CPT coding, and providing
pro bono care. The same article that Dr. Rosenberg abstracted noted that HMOs
and their employees were exempted from these same provisions.

I do not have more detailed information regarding SB 1028 at hand, but I am
offering below the URL address of the THOMAS: (Legislative Information on the
Internet) Web server site which carries summaries and full text versions of
all US Federal bills before the Senate and house and which are downloadable.
There is other information concernig legislation at this site as well. The
URL address is:

I recommend that you visit this site with your Web browser to note other
significant legislation currently pending which relates to healthcare and
mental health.

I have not yet read this bill myself, but I intend to do so tomorrow. I
wished to first get this message out to all of you.

If you wish to go directly to the full text download area for SB 1028, enter
in your Web browser the URL:

The full text of the SB 1028  is about 151 k bytes, or about a 10 minute
download if you use a modem operating at 14.4 kps. This, of course, is
slightly larger than the capacity of standard 3.5" floppy disk.

The summary of SB 1028, from which much detail appears to be omitted, is at
the URL:

At present, SB 1028 has a large number of co-sponsors. It is likely that one
of your Senators is a co-sponsor. You also can check on who is co-sponsoring
the bill at the Thomas site as well.


  John M. Roraback, Ph.D.   <jmroraback at>

> -----------  forwarded message  ----------------
> Subj:	Hazard to Fee-For-Service Care?
> Date:	96-05-31 23:24:18 EDT
> From:	jordanr at CREATIVE.NET (Jordan Rosenberg)
> Wall Street Journal 5/30/96  p. A14
> Jane Orient finds the following provisions in the already passed House and
> Senate versions of the Kassenbaum-Kennedy bill:
> 5 years in prison for making a misstatement to your health plan (eg,
> to mention a pre-existing condition)
> 10 years in prison for intentionally misapplying any assets of the plan to
> medically unnecessary service even if it helps you
> 5 years in prison for failing to turn over to a prosecutor the patient's
> records, even if it is you being prosecuted.
> Life in prison if a plan is defrauded in connection with a patient who dies
> (no mention of whether the fraud contributed to the death)
> $10000 fine for each instance of incorrect coding, even if honest mistake
> Fine or prison for those who transfer items for free or less than fair
> (providing charity)
> Automatic seizure of property bought with money tainted by these offences.
> Paid informants; prosecutors keep fines and seized property
> Dr. Orient contends this makes health care very risky. However, the risk is
> only for providers in private practice. Those who work through an HMO are
> exempt. So is the HMO. If it does wrong it need only provide a plan of
> correction.
> I haven't seen the legislation but if the article is right it sounds
> devastating for fee-for-service practice. None of this is being debated,
> perhaps very few people know, and it should be addressed before the bill
> becomes law.
> Jordan Rosenberg
> jordanr at

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