Who benefits from tort “reform?”

North Carolina legislators are trying to pass a tort reform bill that would make it very difficult for the average person to sue for malpractice and gain anything.

Here’s why: The cap on a human life would be $500,000. I know that sounds like a lot, but in terms of legal fees and whatnot, it’s really very small. The big insurance companies who represent doctors and hospitals have millions to spend on delaying the lawsuit until your lawyer and you have nothing left, so most lawyers won’t take the case.

I know this to be true because when my son, Mike,  died, attorneys in Georgia, where they already have tort “reform,” told me I had plenty of grounds for a lawsuit, but I’d be very lucky to find an attorney to take the case. Even if one would, neither of us would get anything after the hospitals’ and doctors’ insurance company attorneys were done with us.

Fortunately, Mike had asked me not to sue anyone and I agreed. I did ask the hospital for an apology for the way he was treated, but the medical ethics person told me I was asking for too much. It brought to mind the old Bea Arthur character, Maude, who used to say, “God’ll get you for that.” I had to walk away and do something positive.

The multi-million-dollar settlements some people get are rare — that’s why they make the news —  and most of those outrageous settlements are reduced on appeal. You don’t hear so much about that, though.

Mostly, tort “reform” is about taking away the ability of people to get any compensation when they have been wronged. It protects the health care industry from any consequences of their action (or inaction).

Most doctors and medical societies do want to see tort reform, but most don’t want to take it as far as the NC legislature does.

We the people are being attacked on all sides right now. Every day brings another assault on our rights, on our income, on our protections. I, for one, do not plan to give up, but it’s an uphill battle against these thugs.

Fight the Big Blue power grab

Blue Cross Blue Shield of North Carolina, which has more than 80 percent of the health insurance market in the state, is trying to gain control of the insurance exchange that goes into effect in 2014 as part of the Affordable Care Act.

Each state must create an exchange of its own, collaborate with other states to create a larger exchange or allow the federal government to run an exchange. In North Carolina, more than a million people will buy their health insurance through the exchange once the law takes effect. It is meant to offer consumers a place where they can shop and compare among plans. The number of plans is supposed to be limited so people can compare.

The plan for North Carolina’s health exchange was to be developed by a work group set up by the NC Institute of Medicine. I have been at the meetings of this panel as an interested party, able to comment, but not to vote. The panel has people from all areas of health care, including physicians and members of the health insurance industry.

From the beginning, it was obvious they had a lot they were unhappy about:

  • They wanted to be able to sell an unlimited number of plans, which will only serve to confuse consumers. Many of them will only serve the insurance companies with their high deductible and low co-pays. This is how insurance companies deceive customers now, and many people don’t understand the fine print until they get sick and discover they can’t afford care because their deductible is $10,000 or even more, and much of what they need isn’t covered at all.
  • Insurance companies wanted no standardization of plans so consumers can’t compare apples to apples.
  • Of the 15 companies doing business in North Carolina, 14 have asked for a waiver of the 80 percent rule which forces them to spend 80 percent of the money they receive in premiums on services. Medicaid spends 97 percent of the money it takes in on services. That’s because they don’t have to pay lobbyists, public relations executives and huge executive salaries and bonuses.
  • They didn’t want regulation of rates and they didn’t want any company to be thrown out of the exchange for excessive rate hikes — or any other reason, for that matter.
  • The insurance companies asked for voting seats on the exchange’s board of directors, allowing them to regulate themselves. At the meeting they raised that point, nearly everyone spoke out against it.

Soon after the meeting, a panel member who was an insurance company representative sent out a letter resigning from the panel because everyone was prejudiced against the poor insurance companies, who are only in business to help people, after all.

My thought was, “you do have a history, you know.”

So, they went and wrote their own bill and had it introduced by a friendly state representative in the NC House as House Bill 115. The bill gives insurance companies and their allies, all of whom opposed reform, seven of the 11 seats on the board.

They’ve been able to do this quietly because the media aren’t interested in the story, which is all the more reason you should be.

If this bill passes the house and senate in North Carolina, consumers will see no benefits from reform; it will have been destroyed from the inside.

To be fair, BCBS claims it didn’t write the bill, but it backs it wholeheartedly.

Another bill has been introduced, House Bill 126, that is pretty close to what the panel was backing. It has gotten no attention at all. H126 would leave insurance companies as advisors, which is the right way to do it.

As a health care advocate who has been involved in the process, I feel like we’ve been played like a cheap violin. We negotiated in good faith while they were just biding their time until this dangerous bill could be introduced.

Both houses of the NC General Assembly have big Republican majorities, and this is being played out here while the rest of the country is distracted by the labor issues and the unrest in the Middle East.

Other states’ insurance companies will follow suit. Health care reform will be destroyed from the inside and consumers will be forced to buy insurance from companies who are “regulating” themselves.

We must make a stand here, even as labor makes a stand in Wisconsin. The attacks on labor, health care, education and social justice in general are coming fast and hard, and if we don’t fight back, we lose big time.

The GOP baits its hook again

Ok. I have to give it to the greedy, the devoid of conscience, the Soul-less… you have played a masterful game and now that you have what’s left of humanity who still gives a damn about their fellow humans against the ropes, make it quick won’t you? I know, how bleeding heart liberal of me to ask such a thing. Suffering is such a deliciously righteous punishment for the sinner who dares point out the emperor has no clothes.

Is there anyone out there that has yet to make up your mind about which side of the divide you are on? I’m talking about the new chasm on the left, exposed by the news that Obama has come to an agreement with the Republicans that will extend the deficit and the tax breaks for the wealthiest Americans. This one certainly was a nice gash. I feel what’s left of our shared liberal/progressive lifeblood bleeding out as we speak.

I know it’s taken years of patience, planning and work on the part of those who think paying their fair share for the good of all is only for the poor bastards who can’t seem to take care of themselves in the first place. Congratulations, your twisted logic of using us to build and defend your empire while feeling no responsibility to us whatsoever was apparently a winning hand. How enjoyable it must be for the God’s of power and wealth to watch us prove their point. Now we are fighting amongst ourselves over the scraps. This battle is between the defenders of and those living off of the scraps and those who see those scraps for what they are, just a little more bait. I know, we also paid for the bait, but that does not change the fact that it’s still just bait.

Maybe we deserve this fate. Maybe the Soul-less egos who run this world have been right all along about us Liberals. If all we can do is talk about what’s right and are not willing to fight, suffer, and sincerely give all we can to help our own get off the scraps, why should they care? The uber powerful have always used that message to command an army of people that they really can’t stand just as much as Liberals. I’m sure it’s so much easier to rally the zombies now than in the old days with the advent of cable networks and manufactured terrorism.

While we debate who is at fault here, the spineless Dems, the pragmatic Pres or the heartless GOP we are not really putting the responsibility where it belongs, and that’s squarely with us, the 98% in this country. To our great detriment we let our focus on the big picture go dim, ignoring the people of other places who are exploited for our comfort and convenience and the lessons we should have learned from that.  Attention Middle Classers: There has been a change in the terms of your food chain status… it’s been downgraded.

There have not been many missed opportunities by the Gods of Plutocracy to land a punch and it’s has taken it’s toll.  98% of us grow more desperate every day and now we are turning to fighting each other over the scraps. Again, I dare say the Gods of Plutocracy find it satisfying to say this just “proves them right” about our weak minded “kum ba ya” ideology.

I won’t be going into debating all the points of this proposed “framework” here. It’s all spelled out elsewhere on this site, the for and the against in great detail. I am here to say it’s time to join together and help each other while we take a stand. It’s time to stop pretending the rules of negotiation with the GOP haven’t changed, it’s time to stop mocking taking a stand before it’s too late as “idealism”.  It’s time to stop falling for the scraps and calling it pragmatic compromise. We should not be giving 900 billion in deficit exploding, economy crushing tax cuts to the wealthy while the 98% are getting scraps wrapped around a barbed hook.

Happy Holidays and please consider donating or doing something to help the jobless. Here are some links to get you started.

Five Ways You Can Help the Unemployed

How To Help Jobless Friends & Family

20 Ways You Can Help the Unemployed (job opening, interview, job, pay)