Work-Accident -Compensation Accident Claim Work: Single-payer health care

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Senin, 06 Juni 2011

NJ Urged to Adopt Single Payer System for Workmens Comp

A coalition that has been formed in NJ is urging that the Garden State follow the lead of Vermont and establish a single-payer system. Single-payer movements have already made important progress in California and Pennsylvania. The New Jersey One Plan One Nation coalition is leading the campaign in New Jersey.

Citing that in 1777 the Commonwealth of Vermont became the first sovereign state in the world to abolish slavery the coalition, the coalition is now advocating a similar nation adoption of Vermont legal precedence. On May 26, 2011. Vermont became the first state in the U.S. to commit itself to establishing a truly universal single-payer healthcare plan that includes workers' compensation medical care.

Jumat, 13 Mei 2011

Common Themes, The Green Mountain System & Newt Gingrich

Editors note: This is a re-post of yesterday's blog. Google had a systemwide issue and during their maintenance they did not restore this post.

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by NewtGingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

As the Vermont legislation goes to Governor Peter Shumlin for signing in a couple of weeks, the eyes of the nation will switch focus to the debate in Washington and the presidential race of 2012. Congress and the new administration will be required to focus on the issue of waivers that will be effective in 2014.

Newt Gingrich had advocated in the past to move the cost occupational medical care onto the backs of employees. He would relieve employers from contributing to workers' compensation medical care and Medicare.

Workers' Compensation is a summary and remedial system that affords injured workers medical care to cure and relieve medical conditions that result from occupational exposures and accidents. In most instances employees find it necessary and prudent to retain the professional assistance of an attorney to assist them in obtaining medical treatment for work related accidents and occupational exposures.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Rabu, 11 Mei 2011

Common Themes, The Green Mountain System & Newt Gingrich

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by Newt Gingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

Minggu, 03 April 2011

Vermont Single Payer System Called the Dawn of A New Era

The proposed state based Vermont Single-Payer health care system, that would embrace workers' compensation medical care, is gaining momentum. A recent article in the New England Journal of Medicine, citing increased costs and the failure of the workers' compensation systems to provide a medical delivery system for occupational injuries, has embraced the proposal as a "Dawn of a New Era."

Senin, 28 Maret 2011

Colorado Court Allows RICO Case to Proceed Against Wal-Mart

A partial summary judgment motion was denied by Judge Robert E. Blackburn in a pending Colorado case against Wal-Mart where the plaintiff alleged that the employer, working in concert with other defendants "dictated and interfered unlawfully " with employees who were entitle to medical treatment flowing from occupational accidents.

The Court stated that, "The plaintiffs allege that the defendants improperly required, and continue to require, treatment providers to follow protocol notes that improperly direct and/or restrict the medical treatment provided to injured Wal-Mart workers under the Act. The plaintiffs allege that the policies implemented by the defendants result in delays in the injured workers' receipt of treatment, denial of prescribed medical treatment, withholding of benefits, and/or the inability of the injured workers to obtain prescribed medical treatment."

The case involves a certified class of plaintiffs. The defendants had sought to limit the number of claimants by shortening the statute of limitations for the viability of the claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961-1968. Since the relevant time periods were not evident on the face of the complaint, and the defendants did not offer proof to establish it, the Court denied the motion.

Gianzero v. Wal-Mart Stores Inc., 2011 WL 1085647 (D. Colo. 2011) Decided March 24, 2011.

Selasa, 22 Maret 2011

RICO Issues Can Be Cured With A Single Payer Medical System

Guest Blog by Jon Rehm

Vermont's proposed single payer system would seperate medical care from indemnity. Vermont's single proposed single-payer system would likely also provide a primary care doctor to every resident of Vermont. This would benefit injured workers because employees would have more control over their medical care and their employers and the employers workers comp insurance companies would have less control.

In my practice, I often hear my clients who don't have insurance going to doctor's reccomended by their employers or insurance companies. These are occupational doctors. My client's with insurance are often steered away from their family doctor's to occupational medicine doctors. A leading blog written from the perpective of workers comp insurers, Workers Comp Insider states occupational doctors have a "return to work" focus. However in Colorado, Concentra, a nationwide occupational health provider is being sued under the Civil RICO statute for conspiring with Wal-Mart to unlawfully limit the medical care of Wal-Mart's employees. A "return to work focus" is a eupheism for letting employers and insuers do whatever they want in regards to the medical care of their workers. Irregardless of whether a court finds relationship between Concentra and Wal-Mart lawful, it's undeniable that employers and insurer's have a close relationship with occupational medicine doctors. By giving everyone a family doctor, the worker's doctor, not the employer's doctor will direct the workers medical payment.

The insurance industry argues that letting family doctor's control medical care will increase indemnity costs because family doctors will try to make their patient's happy by allowing them to "vacation" while collecting indemnity. But if an employee is able to work, many doctor's will tell you that working is good for over all well-being. The insurance industry also seems to assume that all doctors are bleeing heart patient advocates. This ignores the fact that doctors often share the widespread perception that injured workers are somehow "milking the system."

While the insurance companies fear of how a single payer system could change the workers' compensation system is overblown, I believe that employers would have less ability to wrongfully manipulate the care of their injured workers under a single-payer system.

Jon Rehm practices in Lincoln, Nebraska (Rehm, Bennett & Moore, PC, LLO). He concentrates his practice on representing injured workers and their families. He hold a degree in journalism from Northwestern University(B.S.) and a law degree from Nebraska College of Law(J.D.). Jon is a member of the Nebraska State Bar Association, the Nebraska Association of Trial Attorneys and the Workplace Injury Law Advocacy Group.

Sabtu, 05 Maret 2011

Vermont Universal Health Care to Embrace Workers Compensation

A two-stage bill in Vermont is geared to establishing a single-payer medical health care system that would include medical for workers' compensation claims.

The legislation " proposes to set forth a strategic plan for creating a single payer and unified health system. It would establish a board …. ; establish a health benefit exchange for Vermont as required under federal health care reform laws; create a public-private single payer health care system to provide coverage for all Vermonters after receipt of federal waivers.”

The plan proposes covering all workers' compensation claims:

"(3) To the extent allowable under federal law, the Vermont health benefit exchange may offer health benefits to employees for injuries arising out of or in the course of employment in lieu of medical benefits provided pursuant to chapter 9 of Title 21 (workers’ compensation)."

"(c) If the Vermont health benefit exchange is required by the secretary of the U.S. Department of Health and Human Services to contract with more than one health insurer, the Vermont health benefit exchange shall determine the appropriate method to provide a unified, simplified claims administration, benefit management, and billing system for any health insurer offering a qualified health benefit plan. The Vermont health benefit exchange may offer this service to other health insurers, workers’ compensation insurers, employers, or other entities in order to simplify administrative requirements for health benefits."

Nationally, advocates to improve the delivery of medical benefits to injured workers have urged federalization of the medical delivery system into a single payer approach through universal health care. The proposed Vermont single payer system is a unified state approach to the co-ordinated delivery of medical care.