On Sat, 1 Jun 1996 JMRoraback at aol.com wrote:
> Date: Sat, 1 Jun 1996 21:46:44 -0400
> From: JMRoraback at aol.com> To: ASSESS-P at sjuvm.stjohns.edu, reiner at is4.nyu.edu,
>psylaw-l at utepvm.utep.edu, mmatrix-l at www.kumc.edu,
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>COUNPSY at UGA.CC.UGA.EDU, LEGALTEN at sjuvm.stjohns.edu,
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>spssi-l at vms.cis.pitt.edu, FORENSIC-PSYCH at sjuvm.stjohns.edu,
>psycho-pharm at psycom.net, CIMH at sjuvm.stjohns.edu> Subject: Kassenbaum-Kennedy bill - Bizarre Hazard to Fee-For-Service Care?
>>>> List members,
>> I am forwarding this from another mail list with the thought that you may
> wish to be aware of the apparent provisions of this bill. Can anyone expand
> on this? It seems somewhat totalitarian in nature, to say the least.
>> Dr. Rosenberg has given permission to forward this message to any other mail
> group which may be interested in this issue. Please feel free to do so.
>> John Roraback, Ph.D.
>> ----------- 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, failing
> to mention a pre-existing condition)
>> 10 years in prison for intentionally misapplying any assets of the plan to a
> 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 value
> (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 creative.net>>Friends,
This reported series of penalties is so outlandish that I have
great difficulty believing it has in fact been forwarded as a serious
proposal by anyone. Are we being tweeked by someone? If not, I shall quit
my practice, terminate my liability insurance and other "costs" of trying
to keep a hand in as a (pretty good) clinician, and say to hell with the
whole thing. What on earth is happening here?
Bob Carson
