DJP Update 6-14-2010 AMA Breaking News! AMA passes new policy directing legislation for patients and physicians to freely contract
Overwhelming support 73% in vote for new AMA policy offered as amendment in Reference Committee B that enhances previous AMA policy. On final passage only a few negative votes of the approximately 530 delegates in the policy-making body of the AMA House of Delegates after a passionate and full debate. Now AMA will write legislation that can be offered to Congress. We have had good policy on this issue in past but now this enhances it and directs AMA to write legislation by September 30, 2010.
Here is what passed late this afternoon in the AMA House of Delegates:
RESOLVED, That our American Medical Association immediately formulate legislation for an additional payment option in Medicare fee for service that allows patients and physicians to freely contract, without penalty to either party, for a fee that differs from the Medicare payment schedule and in a manner that does not forfeit benefits otherwise available to the patient. This legislative language shall be available to our AMA members no later than September 30, 2010.
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This is an important supplement to existing AMA policy which includes:
D-390.985 Medicare Balance Billing
Our AMA will (1) work on behalf of physicians to regain the right to balance bill Medicare patients for the full reasonable fees as they determine appropriate; and (2) evaluate the potential impact of the Medicare burden on its members in order to save health care for all Americans if the federal government denies the right to balance bill Medicare patients. (Res. 119, A-03; Reaffirmation A-04; Reaffirmation A-06; Reaffirmed per BOT Action in response to referred for decision Res. 236, A-06)
D-380.996 Balance Billing for All Physicians
1. Our AMA will devote the necessary political and financial resources to introduce national legislation at the appropriate time to bring about implementation of Medicare balance billing and to introduce legislation to end the budget neutral restrictions inherent in the current Medicare physician payment structure that interferes with patient access to care. 2. This national legislation will be designed to pre-empt state laws that prohibit balance billing and prohibit inappropriate inclusion of balance billing bans in insurance-physician contracts. 3. Our AMA will develop model language for physicians to incorporate into any insurance contracts that attempt to restrict a physicianís right to balance bill any insured patient. 4. Our AMA Board of Trustees will report back to our AMA House of Delegates electronically by March 15, 2008 and at every HOD meeting its progress toward the completion of all of these goals. (Res. 925, I-07)
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DJP Comment: The policy passed today by AMA, if passed in Congress, can keep doctors in practice and maintain access to care for patients. In addition, it allows government to determine what government can afford to pay but patients and physicians still have the freedom to freely contract for any differences needed including the right to forgive co-pays. This is akin to the Australian model that I have written about in previous DJP Updates.
A big win for liberty and freedom today!
Congratulations to the AMA House of Delegates for standing up for doctors and patients so passionately today! And special thanks to all of the doctors who drafted and fine-tuned the final substitute resolution.
Now the elections for AMA offices tomorrow morning. Choose wisely!
Stay well,
Donald
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Donald J. Palmisano, MD, JD
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