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  • 1.  More on the ACA

    Posted 06-29-2015 10:58

    Hi again,

    For clarification, in my case situation, what is being proposed by the defense attorneys is to set up an annuity that will fund for the plaintiff the best health insurance policy through life expectancy. This would be part of the settlement/award, along with copays &/or deductibles.

    In any case, some of what is stimulating discussion among defense attorneys I know is related to recent decisions. I asked another attorney I know to provide some info. His comment is below.

    “Patty – here are two cases out of Ohio and one out of Michigan permitting the defense to mention and argue the effect of the ACA on future costs. In the Jones v. Metro case, in a post-trial hearing, the Court reduced the verdict substantially based upon the ACA argument. These are all recent trial-level cases so they lack appellate precedent, but they are very helpful in arguing that the traditional collateral source rule which bars mention of insurance payments has to be abrogated now that health insurance is mandatory and not optional.”

    I have attached the documents mentioned. (BTW, I did not attach the document mentioned last week, as that was Thursday’s Supreme Court decision, which was all over the news.)

    What is clear to me is that I need to learn all I can about the ACA, if only to cogently discuss how much I can or cannot say or do as related to it.

    PattyC



    ------------------------------
    Patricia Costantini
    PattyC4303@comcast.net
    Pittsburgh, PA United States
    ------------------------------



  • 2.  RE: More on the ACA

    Posted 06-29-2015 11:18

    I have been asked to consider the ACA in a few life care plans.  On one in particular, the ACA did not cover some of the services that the individual needed, specifically long term care at a TBI residential facility.  I agree that we all need to learn more about the ACA, if for no other reason to explain why it could or could not be considered in particular cases.  For this particular issue, I see my role as providing information as requested, and the role of the Court to determine whether or not the information can be considered.  
    ------------------------------
    Carla Seyler
    Rehabilitation Counselor
    carla@seylerfavaloro.com
    New Orleans, LA United States
    ------------------------------




  • 3.  RE: More on the ACA

    Posted 06-29-2015 18:23

    For what its worth…

    As you know in Australia we have a number of Government funded health care schemes.

    Heres a direct quote from one of my plans.

     

     

    The danger of not providing for future funding for private multi-disciplinary allied health services reviews and consultative services is that an assumption needs to be made that government funding will continue to always be available at the same level for all clients currently eligible for health services.

     

    It also needs to be assumed that the 'eligibility criteria' (i.e., to access the service) will not change in the future.  In my experience working across all three (3) organised sectors of the Australian Health Care Setting (public, private and non-profit) since 1993, I have witnessed clients experience the following difficulties in consistently accessing appropriate services:

    ·         Eligibility criteria for many services are inflexible and can change without general community consultation suddenly leaving the client with no option for alternative services;

    ·         Clients in the 'maintenance' phase are not considered a high priority for on-going services;

    ·         Changes in government funding and legislation can affect levels of funding and service provision; - (this happens regularly)

    ·         Access to multidisciplinary services are difficult in remote areas;

    ·         Essential positions may not be filled when an allied health professional goes on extended leave (due to funding freezes) or a position is vacated – the client is then left without a service;

    ·         Funding levels may not increase as demand for the service grows, therefore, services become less accessible and waiting lists grow;

    ·         A 'one size fits all' care prescription or equipment prescription is made as service providers in the public sector are unaware of funding availability, access to private services or more specialized equipment;

    ·         If a client experiences a negative experience with a particular service or service provider their choice to access other private services is limited due to lack of funds and they feel that they either have to 'put up with a service' they are not happy with or no longer access a service at all;


     

    ·         Government services and insurers are trending to adopt 'preferred provider lists' that ultimately limit consumer choice if a private provider chooses not to apply for a position on that list or does not meet the funders criteria or adhere to their philosophy of service provision;

    ·         It is well known amongst experienced private providers that 'preferred provider lists' are generally made up of therapists who are happy to receive and follow direction from the 'funding body', therefore, essentially completely eliminating access to professional independent evaluations (i.e.; if the provider disagrees with the funding body over a professional recommendation, that provider no longer receives referrals – or the case is removed from them all together – they may then even be blacklisted by the funder and their livelihood is subsequently threatened);

    ·         People with brain injury are at present excluded from government funded mental health services as they do not meet the criteria and, therefore, require private cover;

    ·         Individual lifestyle needs are often not catered for due to stringent government policies or legislation that are not flexible;

    ·         Navigating paperwork required to access government funded services can be difficult and time consuming with any disputes process taking months to resolve;

    ·         Government services generally attract heavier non-compensable caseloads for their workers, limiting the amount of time allocated to each client.  In my experience most rehabilitation health interventions need to be timely to be effective.  An untimely health intervention can potentially be disastrous for the client; and

    ·         Many very experienced practitioners move to the private sector for various reasons and are no longer available to publicly funded clients even though they may share a long working history and knowledge regarding that particular client.

     

    In citing the above issues, I in no way mean to disrespect the current team of allied health care workers associated with proving existing government local/outreach services.  It is; however, important to outline the difficulties that health care workers continue to face when delivering an outlying service within a shrinking public health budget to Grant over a number of years (i.e., over the next 50 + years).

     

     

    Jane Burns

    Director

    Certified Nurse Life Care Planner

    LIGHTHOUSE HEALTH GROUP

    ABN  31 098 051 668

     

    Mobile: 0404 868 044

    eMail: rick@lighthousehealthgroup.com">jane@lighthousehealthgroup.com

     

    Head Office:

    Level 6  'South Tower'

    1-5 Railway Street, Chatswood, NSW 2067

     

    ' Telephone: (02) 9904 8560    1 Facsimile: (02) 9904 7853

    www.lighthousehealthgroup.com

     

     

    Note:  This email and any files transmitted with it are privileged and are only for the use of the person to whom they are addressed.  If you are not the intended recipient, or if you have received this email in error, please advise us by reply email.  It is the addressee's/recipient's duty to virus scan and otherwise test the information provided before loading onto any computer system.  Lighthouse Health Group does not warrant that the information is virus free or free of any other defect or error.

     






  • 4.  RE: More on the ACA

    Posted 06-29-2015 18:29
    This is a very-needed and brilliant analysis, Jane, of the effect of policies and coverage in other countries. Thank you so very much for providing it.  I will write you privately with additional questions.  The effect of titrating limited resources over ever-increasingly target groups has been outlined by you very carefully. 

    Thanks again.

    Penelope

    Caragonne and Associates, LLC

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  • 5.  RE: More on the ACA

    Posted 06-29-2015 18:40

    This is a real reflection of my experience of what happens as Governments simply cannot sustain free or subsidised health care to a growing and ageing population over a long period of time without a significant rise in taxes – which everyone protests about so it doesn't happen.

     

    Jane Burns

    Director

    Certified Nurse Life Care Planner

    LIGHTHOUSE HEALTH GROUP

    ABN  31 098 051 668

     

    Mobile: 0404 868 044

    eMail: rick@lighthousehealthgroup.com">jane@lighthousehealthgroup.com

     

    Head Office:

    Level 6  'South Tower'

    1-5 Railway Street, Chatswood, NSW 2067

     

    ' Telephone: (02) 9904 8560    1 Facsimile: (02) 9904 7853

    www.lighthousehealthgroup.com

     

     

    Note:  This email and any files transmitted with it are privileged and are only for the use of the person to whom they are addressed.  If you are not the intended recipient, or if you have received this email in error, please advise us by reply email.  It is the addressee's/recipient's duty to virus scan and otherwise test the information provided before loading onto any computer system.  Lighthouse Health Group does not warrant that the information is virus free or free of any other defect or error.

     






  • 6.  RE: More on the ACA

    Posted 06-30-2015 09:17

    Jane, thank you for an excellent approach to this issue.

    ------------------------------
    Carla Seyler
    Rehabilitation Counselor
    carla@seylerfavaloro.com
    New Orleans, LA United States
    ------------------------------




  • 7.  RE: More on the ACA

    Posted 06-29-2015 13:15

    As we know coverage issues are frequently contentious, can be changed at any time, may

    not  cover the total needs of the patient ( eg number of PT sessions a year) and do not

    Cover many areas of need.  Moreover, until a period of time has passed it is unknown what

    effect this will have on Policy costs and deductibles as more healthy people are needed to

    Cover the sick.  At present the Insurance companies have a safeguard built into the bill,

    However, this can change and of course the bill can be altered and most likely will be.

    Eg. no way to know at present the true inflationary cost of policies over time and if

    Cutting back coverage will be needed to control this. That being said it is incumbent

    Upon us to examine all issues.