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October 13, 2011

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Report: Texas' Tort Law has Failed to Reduce Health Costs

Contact Lens Recall Announced Again

Visa, MasterCard Accused of Price-Fixing ATM Fees

Suit: Nursing Home Workers Assaulted Patient

8 Years After Tort Reform, Its Benefits are Disputed

Feds Kick Off Sanctions Against BP, Transocean & Halliburton

Some Feel TX Insurance is not in Good Hands

Inglis: Final of Four Winkler County Faces Charges in Court

 

 

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Announcements

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Medicare Secondary Payer--Liability Insurance

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Medicare Secondary Payer--Liability Insurance (Including Self-Insurance) Settlements, Judgments, Awards, or Other Payments and Future Medicals -- INFORMATION. The purpose of this memorandum is to provide information regarding proposed Liability Medicare Set-Aside Arrangement (LMSA) amounts related to liability insurance (including self-insurance) settlements, judgments, awards, or other payments (“settlements”). DEPARTMENT OF HEALTH & HUMAN SERVICES -Centers for Medicare & Medicaid Services) Click on headline to access memo.  

 

TTLA Annual Meeting & Advanced PI CLE December 1-2, Hotel ZaZa Houston

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Formerly the TTLA Annual Conference, our December event is now the Annual Meeting & Advanced PI CLE! We've streamlined this event and we're now offering a one-day Advanced PI CLE, along with the Annual Membership & Board Meeting, President's Luncheon, and a spectacular Holiday Party at the home of Steve and Amber Mostyn. Topics include: Trucking, Immigration, Insurance Bad Faith, Discovery, Cross Examination And More!  

 

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Report: Texas' Tort Law has Failed to Reduce Health Costs

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A report by Public Citizen, "A Failed Experiment," says that using Texas as a model would benefit doctors and insurers — not residents. The report claims that Medicare spending in Texas has risen faster than the national average, and so have private health insurance premiums. It also says that, contrary to claims, the per capita increase in the number of doctors practicing in the state has been much slower since the state passed the so-called tort reform law than it was before the law.  Mary Ann Roser, Austin American Statesman  10/13/2011

Read Article: Austin American Statesman    

 

Products

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Contact Lens Recall Announced Again

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Eye care company CooperVision has issued another announcement of its recall of 600,000 Avaira Toric contact lenses. The company first announced a recall in August after the lenses were linked to pain, red eye and blurred vision. Earlier this week, the U.S. Food and Drug Administration said "a larger effort was needed to alert consumers to the defective products, which contain a residue caused by a manufacturing problem."  Suzanne Plunkett, USA Today  10/13/2011

Read Article: USA Today    

 

Laws/Cases

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Visa, MasterCard Accused of Price-Fixing ATM Fees

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A trade group representing ATM operators have filed a lawsuit against Visa Inc. and MasterCard Inc., claiming the companies are fixing prices. The lawsuit says the companies restrict independent ATM operators "from charging varying prices for customers using alternative networks." The companies require a fee be charged equal to a fee charged on a Visa or MasterCard ATM, regardless of the network.  Tom Schoenberg, Bloomberg  10/12/2011

Read Article: Bloomberg    

 

Suit: Nursing Home Workers Assaulted Patient

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A Pennsylvania woman has filed a lawsuit against the Quadrangle Sunrise Senior Living facility after secretly recording a video of workers abusing her mother in her room. The lawsuit accuses the home of negligence, saying Sunrise "ailed to properly train its care workers, grossly understaffed the facility, and violated state regulations." The workers in the video have been arrested and charged with assault, harassment and other charges, the Philadelphia Inquirer reports.  John P. Martin, Philadelphia Inquirer  10/13/2011

Read Article: Philadelphia Inquirer    

 

Issues

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8 Years After Tort Reform, Its Benefits are Disputed

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A new study maintains that Texas limits on damages in medical malpractice cases enacted in 2003 have failed to deliver promised benefits. But the conclusion was quickly challenged by a group representing physicians in the state. Public Citizen said Wednesday that its new report shows that healthcare costs and insurance premiums have continued to rise in Texas even more than the national average since the state's tort reform legislation, and that the number of uninsured Texans has continued to climb. It also says the legislation did not significantly affect the number of physicians per capita.  Jim Fuquay, Fort Worth Star-Telegram  10/13/2011

Read Article: Fort Worth Star-Telegram    

 

Feds Kick Off Sanctions Against BP, Transocean & Halliburton

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The federal government today kicked off the process of fining BP, Transocean and Halliburton for violating offshore drilling rules tied to the 2010 oil spill. The companies could be forced to pay as much as $45.7 million for 15 separate violations of those rules, which range from failing to keep BP’s Macondo well under control to working unsafely at the site.  Jennifer A. Dlouhy, Houston Chronicle  10/13/2011

Read Article: Houston Chronicle    

 

Insurance

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Some Feel TX Insurance is not in Good Hands

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Homeowners insurance is costing Texans more and covering less. Insurers say that dropping or decreasing certain coverage allows them to control costs and, in turn, keep a handle on the rates they charge to customers. Consumer advocates say it's a reflection of lax oversight resulting from an overhaul of Texas insurance laws eight years ago. "The numbers are pretty clear," said Alex Winslow, of Austin-based Texas Watch. "Consumers are not getting the same level of protection they were getting under the standard form. And we are paying more now than we were then. So we are paying more and getting less." Winslow blames the 2003 overhauls for creating a climate that allows companies to raise prices and lower coverage with less oversight than he believes is needed.  Purva Patel, Houston Chronicle  10/13/2011

Read Article: Houston Chronicle     San Antonio Express News    

 

Editorials/Columns/Letters

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Inglis: Final of Four Winkler County Faces Charges in Court

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The last man standing in the unfolding saga of small-town retaliation against two nurses who tried to protect hospital patients from dangerous medical care is scheduled to appear before a judge today. The pre-trial hearing of Dr. Rolando Arafiles should be the opening scene in what should be the closing chapter of a story that grabbed national attention. t's a tragedy that the careers of these brave women ended for doing the right thing by exercising their ethical — and in some cases — legal duty to report unsafe practice. The medical board depends on the eyes and ears of nurses and others on the health care team to report subpar practice to achieve its mission — protecting patients, the same duty nurses have.  Toni Inglis, Local Contributor, Austin American Statesman  10/13/2011

Read Article: Austin American Statesman    


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