The DJP Update

DJP Update 9-30-2011 Videos from past but issues remain; Media update; Update re Dr. Michael Maves & his new job
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The years go by but the issues remain the same: broken medical liability system, government interference in the practice of medicine & price-fixing, erosion of Liberty, failure to get reasonable antitrust relief for physicians, risk of loss of patient privacy and medical record confidentiality, etc.

I posted a few videos excerpts from yesteryear that emphasize these issues and the need to not give up. The patient privacy issue is emerging again with the mandated electronic health records sent to 3rd parties including government.  AMA has excellent policy on patient privacy and medical record confidentiality.  I had the privilege to co-chair that Board/House of Delegates committee during the two years the policy was formulated and approved by the House of Delegates as I related in a previous update.  We need to make sure such sound policy is demanded in continued government intervention into the practice of medicine.  If patients do not trust that the information they tell us will be confidential, then they will withhold information needed for diagnosis and treatment. Trust is essential in the patient-physician relationship.

The video clips are short and I found them in the unpacking of Hurricane Katrina storage boxes.  Go to the link in the tweet below or www.youtube/IntrepidResources and view Heroic Policeman; Farewell Speech; 1999 Campaign.

www.twitter.com/DJPNEWS

DJPNEWS
Words from past still relevant. New YouTube: Heroic Policeman; Farewell Speech; 1999 Campaign. http://t.co/KKhuR3AF #hcr #privacy
9/29/11 10:14 PM

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MEDIA: I did many radio interviews this month throughout the nation regarding health system reform.  KBOE-740 AM in Iowa, KDSM in Iowa, KCHE in Iowa, KDST in Iowa,  WTVN-AM in Columbus, Ohio are a few of the examples.  Podcasts of interviews usually are posted at the station.

On Monday, I will do the Garland Robinette Show at WWL New Orleans (AM 870 & FM 105.3).  Try to tune in on Monday, Oct 3, at 12:10 p.m. CENTRAL (1:10 p.m. Eastern)

You can listen to the live broadcast at www.WWL.com and click on “Listen Live” red square at top left of screen.  The show encourages calls from listeners during the broadcast.  Speak up!

The topic is the Sally Pipes article in Forbes.  See my tweet below and this link:  http://t.co/gYfUQRi1

WWL is the talk show that has the largest audience in Louisiana.  It is a 50,000 watt clear channel station and can be heard in many states.  It also is available to the world on the Web as mentioned.

I will be able to get in a full discussion of PPACA and IPAB plus they will want my comments on the effect of PPACA on the practices of doctors.

Try to listen in.  Note that Sally Pipes will start the show off at 11:00 a.m. Central.
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DJPNEWS
Doctors, AMA, membership, & #PPACA per Sally Pipes in #Forbes http://t.co/gYfUQRi1 #hcr
9/26/11 8:19 PM
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MORE ON PPACA:  Attention to details important.  Put in wrong information and you will get wrong answer.  Go to: bit.ly/of8IYX or link in tweet below.

DJPNEWS
“Fourth Circuit’s Factual Error Throws Obamacare Decision in Doubt” | Heartlander Magazine: http://t.co/LVOflkgv #PPACA #hcr #SCOTUS
9/30/11 12:39 AM
EXCERPT FROM ARTICLE: The court says: “Virginia filed this action on March 23, 2010, the same day that the President signed the Affordable Care Act into law. The Governor of Virginia did not sign the VHCFA into law until the next day.”  This is important, the court asserted, because “the only apparent function of the VHCFA is to declare Virginia’s opposition to a federal insurance mandate. And, in fact, the timing of the VHCFA, along with the statements accompanying its passage, make clear that Virginia officials enacted the statute for precisely this declaratory purpose.”
In reality, the Virginia law was signed by Gov. McDonnell and codified on March 10, 2010. The “ceremonial” signing was held on March 24, 2010. So rather than a Virginia law seeking to invalidate an existing federal law, it was the other way around. It was a federal law seeking to invalidate an existing Virginia law.
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And one more observation: The Kaiser Family Foundation showed family health insurance went up 9% since the passage of PPACA.
“Annual premiums for employer-sponsored family health coverage increased to $15,073 this year, according to benchmark Kaiser/HRET 2011 Employer Health Benefits Survey. Premiums increased 9 percent…
See:  http://healthreform.kff.org/research-and-analysis.aspx     Hmmm…
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UPDATE RE DR. MAVES
Here is some information excerpted from a note MICHAEL D. MAVES, MD, MBA sent to me and others on his mailing list that tells of his new position at Project HOPE:

Friends – Well, I thought it was time that I sent you a note with my new contact information.

I have assumed the role of EVP of Project HOPE, headquartered in Millwood Virginia. My contact information at Project HOPE is:
Michael D. Maves, MD, MBA
Executive Vice President
Project HOPE
255 Carter Hall Lane
Millwood, VA 22646
…. etc.
Mike Maves

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Read the press release from Project HOPE regarding Dr. Maves at:  http://www.projecthope.org/news-blogs/press-releases/project-hope-welcomes-new.html
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Stay well.
Donald

P.S. Stop by http://twitter.com/DJPNEWS and sign up for DJPNEWS to get tweet alerts that may not make it into DJP Updates.  Twitter is free and takes minutes to join.  Put email in and pick password.  Great source of breaking news and you don’t flood your email with it.  You can get free app for BlackBerry or IPhone etc and you check on tweets when you want.  With newer operating systems, such as SNOW LEOPARD on Mac, you can put Twitter apps on your notebook or desktop.

Go to:  http://www.youtube.com/user/IntrepidResources
Leave a comment and encourage others to visit!

Also, recent selected DJP Updates can be found at:  www.DJPupdates.com

Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax

DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us

DJP Updates:  www.DJPupdates.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources

This DJP Update goes to over 2300 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
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DJP Update 9-26-2011 BIG DEAL!  DOJ didn’t appeal 11th circuit PPACA decision to entire 11th circuit:  ONWARD to Supremes!

This is a big deal.  An appeal for the purpose of asking the entire 11th circuit  (en banc review) to rehear the majority decision of the 11th Circuit declaring the individual mandate unconstitutional had to be taken by deadline today.  It was not.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Florida, et al., v. Sebelius

Excerpt from 11th circuit decision August 12, 2011 on page 206:

“…the individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional. This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives.”
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It is my opinion that there is a 90% chance the U.S. Supreme Court will take up the case now that the circuits are split and the decision will be rendered at end of June 2012 or early July, thus prior to November 2012 elections.  If Department of Justice had asked entire 11th circuit to hear case then there would be delay and likely the decision would not make this upcoming session of the Supreme Court.

Background on court dates from Web:  “Traditionally, the Supreme Court’s annual term begins on the first Monday in October and continues with seven two-week sessions of oral arguments. Between the sessions are six recesses during which the opinions are written by the justices. Ordinarily, all cases are decided by the following June or July.”

Also see:  http://www.scotusblog.com/
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www.twitter.com/DJPNEWS

DJPNEWS Donald Palmisano

DOJ didn’t appeal #PPACA decision to entire 11th Cir. by dline. Thus 90% odds #SCOTUS decision July 2012 tinyurl.com/3et6t9d #hcr

NOTE:  This is the beginning of that WSJ article about this issue.  The link is in my tweet:  tinyurl.com/3et6t9d

BY BRENT KENDALL
WASHINGTON—The Justice Department on Monday declined to ask a U.S. appeals court in Atlanta to reconsider its August ruling that declared part of last year’s federal health-care overhaul unconstitutional, a move that sets the stage for the Supreme Court to weigh in.
Department spokeswoman Tracy Schmaler confirmed that the agency didn’t ask the Atlanta court for reconsideration. She declined further comment.
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ONWARD!

P.S. I still think the final decision will be to declare entire law unconstitutional as explained in previous DJP Updates.

Stay well.
Donald

P.S. Stop by http://twitter.com/DJPNEWS and sign up for DJPNEWS to get tweet alerts that may not make it into DJP Updates.  Twitter is free and takes minutes to join.  Put email in and pick password.  Great source of breaking news and you don’t flood your email with it.  You can get free app for BlackBerry or IPhone etc and you check on tweets when you want.  With newer operating systems, such as SNOW LEOPARD on Mac, you can put Twitter apps on your notebook or desktop.

Go to:  http://www.youtube.com/user/IntrepidResources
Leave a comment and encourage others to visit!

Also, recent selected DJP Updates can be found at:  www.DJPupdate.com

Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax

DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us

DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources

This DJP Update goes to 2334 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

DJP Update 9-23-2011 Some good news despite economy woes, investigations in Congress etc

Our beloved Land of Liberty, America, has some real challenges: Economy sinking, stock market dropping, unemployment rising, investigations in Congress and other federal agencies for Solyndra, Fast and Furious, LightSquared, etc.  If you have been too busy caring for patients to hear the depressing news, here is a link explaining the named investigations above.

http://blog.heritage.org/2011/09/21/morning-bell-the-obama-investigations/

THE GOOD NEWS:  AMA Board Chair Dr. Robert Wah did a great job advocating to Congress about medical liability reform and the right to privately contract with Medicare patients without penalty.  You must watch video on C-Span (see below) to hear and see the testimony of Dr. Wah to House Health Ways and Means Subcommittee on Health.   (Wow! My first testimony to that committee was Thursday, May 20, 1976 in the hearing on “NATIONAL HEALTH INSURANCE chaired by Rep Dan Rostenkowski of Illinois – The years go by but the subject remains!)

As you know, I have been critical of AMA’s decision to support PPACA.  And many have advocated that AMA change its position.  One group, The Coalition of State Medical Societies and National Specialty Societies (all seated in AMA House of Delegates) advocate strongly for AMA policy of private contracting and worked with AMA to get a bill into Congress. That is progress.  And the great performance of Dr. Wah for private contracting is another good sign that AMA is listening.  So let’s give credit when due.  It is due now.

Price-fixing,whether SGR or some new clone, has not worked and will never work.

http://www.modernhealthcare.com/article/20110921/NEWS/309219976/health-panel-hears-pros-cons-of-extending-payment-exceptions

Health panel hears pros, cons of extending payment exceptions
Read this article to get names of all witnesses

EXCERPT:
Focusing on these several extended payments ignores the real problem of a broken Medicare physician payment system, according to hearing witness Dr. Robert Wah, chairman of the American Medical Association board of trustees. Wah likened the problem to a leaky boat. “All of the patches we have to maintain because we can’t just pull them all off at this point because the boat is too leaky,” Wah said. “What we need is a new boat.”

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But go to this link to watch and hear the testimony of Dr. Wah:

http://www.c-span.org/Events/House-Ways-amp-Means-Subcommittee-Hearing-on-Medicare-Provider-Payment-Policies/10737424311/
and click on “Medicare Provider Payment Policies” on right with small camera icon to go to C-Span video.

Then go to time mark about 1:06 (one hour 6 minutes of meeting).  Congressman Dr. Tom Price is talking at that point and there are good comments immediately after by Dr. Wah regarding medical liability reform and the right for Medicare patients to privately contract.  Do note that “independent consultant Mr. Bruce Steinwald”, another witness, wants to think for 2 weeks regarding private contracting!

Go to 1 hour 11 minutes 16 seconds and hear Dr. Wah answer Congressman Dr. Tom Price question about private contracting:  Dr. Wah says: it is AMA policy; I support it as an American…fundamental freedom.. Very supportive of your bill…

Dr. Robert Wah did an excellent job pointing out the need for medical liability reform and the need to pass the Medicare Patient Empowerment Act.

Let’s give applause to Dr. Robert Wah, AMA Board Chair.  Anyone can give prepared testimony by reading from a page.  But the sharp people shine in the Q & A.  Dr. Wah proved again he is one of the sharp people.  Maybe there is hope that Congress will get on board and allow private contracting regardless of what Medicare pays.  That act would keep access to care for patients.

And big applause too for Congressman Dr. Tom Price of Georgia who continues to advance bills supporting patients and physicians.

http://www.ama-assn.org/ama/pub/advocacy/centers-engaged-advocacy/federal-advocacy/advocacy-with-congress.page

“Rep. Tom Price, MD introduced H.R. 1700, the Medicare Patient Empowerment Act, on May 3, 2011. This bill, in line with AMA policy, would allow Medicare patients and their physicians to enter into private contracts without penalty to either party. On May 22, Sen. Lisa Murkowski (R-AK) introduced S. 1042, the Medicare Patient Empowerment Act, in the Senate.”

Stay well!
Donald
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P.S. Stop by http://twitter.com/DJPNEWS and sign up for DJPNEWS to get tweet alerts that may not make it into DJP Updates.  Twitter is free and takes minutes to join.  Put email in and pick password.  Great source of breaking news and you don’t flood your email with it.  You can get free app for BlackBerry or IPhone etc and you check on tweets when you want.  With newer operating systems, such as SNOW LEOPARD on Mac, you can put Twitter apps on your notebook or desktop.

Go to:  http://www.youtube.com/user/IntrepidResources
Leave a comment and encourage others to visit!

Also, recent selected DJP Updates can be found at:  www.DJPupdate.com

Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax

DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us

DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources

This DJP Update goes to 2334 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

DJP Update 9-16-2011 Time for Medicine to leave gov bargaining table; MEDPAC

My tweets below give the message.  Let’s learn from a hero, like SGT Dakota Meyer, Medal of Honor winner.  Let’s do the RIGHT thing.  Don’t go along to get along.  Our responsibility is to Medicine and our patients.  Every deal coming out of Washington, DC is destroying Medicine and losing access to care for patients.

Every medical group should be advocating to the public for passage of the Medicare Patient Empowerment Act.  See:

http://thomas.gov/cgi-bin/query/z?c112:H.R.1700:

http://www.ama-assn.org/ama/pub/advocacy/current-topics-advocacy/practice-management/medicare-patient-empowerment-act.page
(From AMA Website) “This bill, in line with AMA policy, (D-390.960 Assuring Patients’ Continued Access to Physician Services) would allow Medicare patients and their physicians to enter into private contracts without penalty to either party. It would enable beneficiaries to use their Medicare benefits to see physicians who do not accept Medicare, as opposed to paying for the entire cost of their care out-of-pocket as required under current law.”

Balance-billing is a top AMA policy and that bill has it.  AMA is in favor of it as it matches AMA policy.  AMA needs to shout about it!  We need to educate our patients; we need to make our message heard at ballot box.

Why do we not see the balance-billing issue top center in the AMA and specialty society protests against the recent proposal by MedPac.  It is not mentioned at all!  MedPac proposal will continue price-fixing and decrease payment to specialists.  Gov wastes our money in so many questionable deals.  Gov should learn to be a good fiduciary.

Sad times.  Medicine needs to stop being a victim and stop sanctioning the abuse.  Time for an intervention.  Time for courage!  Otherwise membership in organizations will go to single digits as Medicine is being destroyed.

One always loses in a negotiation if the other side is allow to frame the argument under discussion.  Physicians need to say, We are Americans; we have liberty; we have right to set our fees and negotiate with patients. You, Government, have the right to decide how much you can afford to pay.  The rest is between patient and physician.  In America, one would not think we would have to point out that Australia does it that way.

DJP
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www.twitter.com/DJPNEWS

DJPNEWS Donald Palmisano

Time for organized medicine to exit bargaining table with gov as every deal past 2 yrs a disaster; go directly to patients & ballot boxes.
3 minutes ago

DJPNEWS Donald Palmisano

Attn #AMA & #ACS & all med societies: time to stop agreeing that gov has right to remove our #Liberty by price-fixing; AMA: ADVOCATE policy!
8 minutes ago

DJPNEWS Donald Palmisano

Another loser! #MedPac fix #SGR -price-fixes & cuts payment to specialists = loss of access to care. Pass Medicare Patient Empowerment Act
13 minutes ago

DJPNEWS Donald Palmisano

#FollowFriday @Dakota_Meyer #MedalOfHonor recipient #USMC
5 hours ago

DJPNEWS Donald Palmisano

@Dakota_Meyer all USA in awe! RT @DJPNEWS: More re heroics #MedalOfHonor .. Marine Sgt Dakota Meyer: tinyurl.com/3npbtww #Leadership …
16 hours ago

DJPNEWS Donald Palmisano

More re heroics of #MedalOfHonor recipient Marine Sgt Dakota Meyer: tinyurl.com/3npbtww #Leadership #Hero #Courage #Decisiveness
16 hours ago

DJPNEWS Donald Palmisano

Why won’t Congress allow patients & Drs determine fees regardless of what #Medicare pays? Private contract = hallmark Free Enterprise. #hcr
19 hours ago

DJPNEWS Donald Palmisano

Still is price-fixing & anti- #Liberty if no balan-bill #hcr RT @thehill: OVERNIGHT HEALTH: SGR alternative takes shape bit.ly/ntR6wc
19 hours ago
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Article about MedPac recommendations:
http://www.medpagetoday.com/PublicHealthPolicy/Medicare/28550
In the second paragraph of that article there is a link to a PDF with the MedPac proposal.
In slide 13, there is a mention of “balance-billing” but again it is not a true right of private contract.

Stay well!
Donald
——
P.S. Stop by http://twitter.com/DJPNEWS and sign up for DJPNEWS to get tweet alerts that may not make it into DJP Updates.  Twitter is free and takes minutes to join.  Put email in and pick password.  Great source of breaking news and you don’t flood your email with it.  You can get free app for BlackBerry or IPhone etc and you check on tweets when you want.  With newer operating systems, such as SNOW LEOPARD on Mac, you can put Twitter apps on your notebook or desktop.

Go to:  http://www.youtube.com/user/IntrepidResources
Leave a comment and encourage others to visit!

Also, recent selected DJP Updates can be found at:  www.DJPupdate.com

Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax

DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us

DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources

This DJP Update goes to 2334 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

DJP Update 9-14-2011 New Orleans Restaurants for AMA Interim in NOLA; National WWII Museum
Meeting:  November 11-15, 2011 at Hilton Hotel Riverside.  Nov 11 is OSMAP.

This DJP Update will not comment on the latest win by GOP in special elections in Nevada and New York last night.  Obviously some are happy and some are sad.

Instead, this update will share some of my favorite New Orleans restaurants. Wonderful culinary treasures in a fascinating city; this is something all can enjoy regardless of political views.

In addition to my personal favorites, the Louisiana State Medical Society put together a composite list from the LSMS Delegation to the AMA and the plan is to share with the delegations in AMA HoD.

To see my list, go to: http://www.donaldpalmisano.com/html/restaurants.shtml

One change concerning my comment about restaurants that allow smoking not being on my list:  now, by law, no restaurants in New Orleans allow smoking.

ADVICE: MAKE RESERVATIONS AS SOON AS POSSIBLE

Backup list: if you want the Times-Picayune newspaper published list for another person’s top 10, go to:
http://www.nola.com/dining-guide/index.ssf/2010/10/new_orleans_2010_top_ten_place.html

LAGNIAPPE: Try to find time during your visit to New Orleans to see the National World War II Museum.  Outstanding!  It is not far from the Hilton where the Interim Meeting is being held.

Website:  http://www.nationalww2museum.org/

Link for WWII Museum movie description “Beyond All Boundaries” in 4-D – produced by Tom Hanks:  http://www.nationalww2museum.org/victory-theater/index.html
Sitting in the Victory Theatre, one has the sensation of being in the war.

Stay well!
Donald
——
P.S. Stop by http://twitter.com/DJPNEWS and sign up for DJPNEWS to get tweet alerts that may not make it into DJP Updates.  Twitter is free and takes minutes to join.  Put email in and pick password.  Great source of breaking news and you don’t flood your email with it.  You can get free app for BlackBerry or IPhone etc and you check on tweets when you want.  With newer operating systems, such as SNOW LEOPARD on Mac, you can put Twitter apps on your notebook or desktop.

Go to:  http://www.youtube.com/user/IntrepidResources
Leave a comment and encourage others to visit!

Also, recent selected DJP Updates can be found at:  www.DJPupdate.com

Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
Metairie, LA 70006
USA
504-455-5895 office
504-455-9392 fax

DJP@donaldpalmisano.com
www.donaldpalmisano.com
www.onleadership.us

DJP Updates:  www.DJPupdate.com
Twitter:  www.twitter.com/DJPNEWS
YouTube:  http://www.youtube.com/user/IntrepidResources

This DJP Update goes to 2334 leaders in Medicine representing all of the State Medical Associations and over 100 Specialty Societies plus some other friends.
You can share it with your members and it has the potential to reach 800,000 physicians.
To join the list, send me an  email stating “Join DJP Update”
To get off the list, state ” Remove DJP Update” in subject line.

DJP Update 9-8-2011 Fourth Circuit Ct of Appeals dismisses PPACA suit for lack of standing; Time for Supreme Court! – Lagniappe

Now we have heard from the Sixth Circuit (2-1 say PPACA constitutional); Eleventh Circuit (2-1 say individual mandate unconstitutional) and today the Fourth Circuit (Dismissed for lack of jurisdiction).

Thus conflict in appellate courts and U.S. Supreme Court doesn’t allow that so the case will go to U.S. Supreme Court.  I predict it will be heard in next session of Supreme Court and we will know decision by end of June or sometime in July 2012.  And now I repeat myself:  individual mandate and most likely entire PPACA (lack of severability clause) will be ruled unconstitutional.  Time to move on to U.S. Supreme Court.  Uncertainty is destroying practice of medicine.  That is my opinion.

http://blogs.forbes.com/aroy/?p=3015

Avik Roy Column in Forbes
“Breaking: 4th Circuit Rejects Two Obamacare Challenges on Procedural Grounds”
Today, the U.S. Court of Appeals for the Fourth Circuit has rejected two Obamacare constitutional challenges, on the creative premise that the individual mandate is a tax, and that the Anti-Injunction Act requires that a tax already be implemented in order for plaintiffs to have standing to sue on the basis that a tax is unconstitutional.
Up to this point, every single court that has ruled on the Obamacare challenges, whether led by Republican or Democratic appointees, has agreed that the individual mandate in PPACA is a penalty, not a tax. So it will be interesting to read the opinions in Virginia v. Sebelius and Liberty v. Geithner (which I’ve uploaded to this blog) to see how the judges justified this approach. The judges also write that, even if the plaintiffs had had standing to sue, they would have upheld the mandate.
The three judges who ruled on the case were all Democratic appointees, including two by President Obama: Diana Motz of Baltimore (Clinton), Andre Davis of Baltimore (Obama), and James Wynn of Raleigh (Obama).
I’ll have more thoughts after I’ve read the opinions.
——— End of his article.
———
Opinions in both cases at:
http://pacer.ca4.uscourts.gov/opinions_week.htm
Click on the case number in blue at the link above and you will go to opinion.
102347.P Liberty University v. Timothy Geithner (Motz 09/08/2011) 
Published opinion after argument, issued in manuscript form: Vacated 
and remanded 
Civil U.S. (WDVA Moon)
“Accordingly, we must vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.”

111057.P Commonwealth of Virginia v. Kathleen Sebelius (Motz 09/08/2011) 
Published opinion after argument, issued in manuscript form: Vacated 
and remanded 
Civil U.S. (EDVA Hudson)
“For the reasons that follow, we hold that Virginia, the sole plaintiff here, lacks standing to bring this action. Accordingly, we vacate the judgment of the district court and remand with instructions to dismiss the case for lack of subject-matter jurisdiction.”
——
Note the long list individuals and organizations named in Amici Curiae who support and oppose PPACA.
Amici supporting Appellant are for PPACA;

A few of the many listed include:
AMERICAN HOSPITAL ASSOCIATION; ASSOCIATION OF AMERICAN MEDICAL COLLEGES; CATHOLIC HEALTH ASSOCIATION OF THE UNITED STATES; FEDERATION OF AMERICAN HOSPITALS; NATIONAL ASSOCIATION OF CHILDREN’S HOSPITALS; NATIONAL ASSOCIATION OF PUBLIC HOSPITALS AND HEALTH SYSTEMS; FAMILIES USA;AMERICAN MEDICAL STUDENTS ASSOCIATION; AMERICAN MEDICAL WOMEN’S ASSOCIATION; SERVICE EMPLOYEES INTERNATIONAL UNION; SOME STATES INCLUDING CALIFORNIA, HAWAII; etc.

Amici supporting Appellee are opposed to PPACA.
A few of the many listed include:  AMERICAN PHYSICIANS AND SURGEONS; PHYSICIAN HOSPITALS OF AMERICA; MULTIPLE FOLKS IN CONGRESS; ETC. Read the entire list yourself.
——–
LAGNIAPPE: Two tweets I did today about government and medicine in other countries:

DJPNEWS Donald Palmisano —  found at www.twitter.com/DJPNEWS

Another problem of gov in medicine is June 2011 story: “Doctors’ strike cripples Israeli medical system” tinyurl.com/3sdsdf7 #hcr
2 hours ago

DJPNEWS Donald Palmisano

Gov med in Britain: “GPs TOLD: RATION CANCER SCANS” – Dr Gerada, Chair Royal College GPs upset; http://tinyurl.com/3nqknpj #hcr
2 hours ago
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And so it goes in this great land of liberty!  Keep the faith.  Better days ahead.

Stay well!
Donald
——
P.S. Stop by http://twitter.com/DJPNEWS and sign up for DJPNEWS to get tweet alerts that may not make it into DJP Updates.  Twitter is free and takes minutes to join.  Put email in and pick password.  Great source of breaking news and you don’t flood your email with it.  You can get free app for BlackBerry or IPhone etc and you check on tweets when you want.  With newer operating systems, such as SNOW LEOPARD on Mac, you can put Twitter apps on your notebook or desktop.

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Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
5000 West Esplanade Ave., #432
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