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General Legal Knowledge

 

This area is intended to educate the reader on topics of general legal proceedures and principles.  Check back frequently to see new topics of interest.

American Medical Association Suing CIGNA, & Aetna!
Posted by: euser
February 12, 2009

"We can no longer ignore improper business practices of health insurers who decide to play by their own rules without regard to patients or the legitimate costs required to care for them," is the quote from Dr. Nancy H. Nielsen, president of the AMA. The AMA is claiming that the two insurance providers have short changed the doctors of out of millions of dollars of out of network healthcare.

Several insurers, including Aetna have already agreed to pay millions in settlements to the NY Attorney General's investigation in this matter; however none of that money is going towards restitution for the physicians lost wages. This money has been set aside to create a new database to replace the one run by Ingenix, a UnitedHealth Group unit that is known to be problematic.

The Ingenix systems is being accused of skewing data that is collected on what is considered "reasonable and customary" to pay physicians who do not participate in their networks.

Cynthia Michener, a spokeswoman for Aetna, said her company is "disappointed the medical community has chosen to litigate on top of already pending consumer litigation on the topic."

She added: "Both members and providers cannot be paid for the same claim under these cases. Ultimately, increasing health care costs increases the number of uninsured and the cost of health care for everyone."

I guess one need's to wonder if the insurance companies had been responsible to begin with if they would have felt the need to release in a statement that they "WILL" be passing on that cost to the doctors and patients. They will need those millions of dollars that weren't paid to the doctors for the legal fees, and PR to remind us how much we need "Big Insurance" to take care of us, right?

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Protect Your Fundamental Rights!!!!
Posted by: euser
February 12, 2009

SCAJ responds to introduction of "tort reform" legislation (H. 3489) in the S.C. House

 

Legislation would strip away fundamental rights, hurt small business, protect special interests

COLUMBIA, SC - South Carolina Association for Justice (SCAJ) Executive Director Mike Hemlepp released the following statement on S.C. House Bill 3489, which was introduced today (Tues., Feb. 10, 2009) in the S.C. House of Representatives:

"Speaker Bobby Harrell has worked tirelessly to correct our state's current economic difficulties and we all respect him for his service. However, this proposed legislation will not produce positive results for our state's business climate. In fact, it will do the opposite.

"Thousands of families in South Carolina are on the verge of losing their jobs, their homes and their way of life. In many cases, it is only the protection of the law that prevents them from losing everything. When innocent people fall victim to code violations, bad judgment and deceptive trade practices, the law provides a safety net at a time when they are most vulnerable.

"This proposed legislation would strip away fundamental rights from citizens in order to protect special interest groups from accountability for their misdeeds. These special interest groups pretend to care about small business when, in fact, this bill is simply a ruse to satisfy the greed of Wall Street millionaires with virtually no ties to our communities.

"SCAJ urges a bipartisan effort to protect our system of civil justice by opposing this unwise legislation."

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