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East Texas Doctors File Federal Law Suit Against Obamacare


Perchoutofwater
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East Texas doctors file federal lawsuit against health care bill

Posted: Jun 03, 2010 5:30 PM CDT Updated: Jun 03, 2010 6:44 PM CDT

 

By Layron Livingston - bio | email

Posted by Ellen Krafve - bio | email

 

TYLER, TX (KLTV) - Texas Spine and Joint Hospital of Tyler filed a joint lawsuit with Physician Hospitals of America, Thursday.

 

The lawsuit questions the constitutionality of a specific part of the health care bill. PHA said Section 6001 of the Patient Protection and Affordable Health Care Act prohibits physician-owned Medicare hospitals from expanding after March 23, 2010.

 

PHA said new physician-owned Medicare hospitals that are not certified as Medicare providers prior to December 31, 2010 are now banned.

 

"For the government to tell us we can't go forward, it's very disheartening," said Mike Russell, and orthopedic surgeon and physician-owner of TSJH.

 

Texas Spine and Joint is one of 265 physician-owned hospitals across 34 states. Nearly a quarter of them were in the middle of expansion projects when the health care bill passed.

 

Last fall, TSJ received city approval to begin a 50,000 square foot expansion which included 20 additional Medicare certified beds.

 

"It's just a travesty," said Molly Sandvig, executive director of PHA. "We believe it's anti-competitive, and that is the number one issue."

 

Rep. Louie Gohmert attended a press conference at the TSJH.

 

"We need transparency and we need competition, and if we have those two things, you will see a reform of healthcare," he said.

 

David Henderson, representative to the State Democratic Executive Committee, and Smith County party chair, said as with any type of legislation, the new bill will be modified.

 

"The question is, can those who oppose it, have it completely thrown out?" Henderson said that could occur through the courts, or through Congress. Henderson said the TSJH lawsuit could lead to the first of those modifications.

 

Medicare patient, Lance Jett said he certainly hopes the courts rule in the Hospital's favor.

 

"I'm pulling for them," he said.

 

He said he is a satisfied Texas Spine and Joint customer.

 

The lawsuit also challenges one other issue, calling into question the legislation's ban on new physician-owned medicare hospitals that aren't certified by the end of the year.

 

As for the expansion angle, Texas Spine and Joint is seeking an injunction from the federal court which would allow them to continue as planned. We are told the U.S. Department of Health and Human Services has two weeks to respond to the filings.

 

 

Link

 

This mentions one of the projects I was going to be working on. That 50,000 square foot expansion was going to be about a $12,500,000 project, that we would have been building. That project would have paid for 1/3 of my overhead next year, and would have employed on average 50 workers for a year. I know of two other projects similar to this we were to be involved in that have been shelved because of Obamacare. Those or just projects I know about that we were either going to be involved in or had a very good chance of being involved in.

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And people wonder why I have severe issues with Obama, his administration, and the healthcare reform.

 

 

ILLEGAL

 

Oh no, not illegal. Our illustrious leaders have decided it's legal, so it is. When fedgov was constituted, there were things the founders thought it wasn't fedgov's place to vote on. I truly wonder if any of them see any limit to fedgov power nowadays. :shakeshead:

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"We need transparency and we need competition, and if we have those two things, you will see a reform of healthcare," he said.

 

:wacko:

 

What you laughing at? That line worked for Obama, he was just referring to the transparency and competition being by the government. And you still voted for him instead of laughing at him.

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Link

 

This mentions one of the projects I was going to be working on. That 50,000 square foot expansion was going to be about a $12,500,000 project, that we would have been building. That project would have paid for 1/3 of my overhead next year, and would have employed on average 50 workers for a year. I know of two other projects similar to this we were to be involved in that have been shelved because of Obamacare. Those or just projects I know about that we were either going to be involved in or had a very good chance of being involved in.

 

http://www.bricker.com/services/resource-d...?resourceid=493

 

Perch, it sucks that this will affect you personally, but have you read the provisions? I have provided the link. It reads like it is preventing conflict of interest with primary medicare hospitals owned by individual doctors, and includes anti-discrimination protections. It also says that if those provisions are met, then they can go forth with their expansions.

 

What reasons did they give for not wanting to come in compliance?

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http://www.bricker.com/services/resource-d...?resourceid=493

 

Perch, it sucks that this will affect you personally, but have you read the provisions? I have provided the link. It reads like it is preventing conflict of interest with primary medicare hospitals owned by individual doctors, and includes anti-discrimination protections. It also says that if those provisions are met, then they can go forth with their expansions.

 

What reasons did they give for not wanting to come in compliance?

 

I have not read the provisions, I'm guessing the three different health systems I was working with have lawyers that know how to read and interpret that kind of crap a lot better than I do. Yes it does suck that it is affecting me personally, but it also sucks that it is affecting those in my immediate community (with one of the systems) who would have been hired to staff the expansions, as well as the numerous trade contractors and their workers as well. I do work for these people, but they did not tell me why they were not in compliance by the date required. If I had to guess they probably started the ball rolling but as with everything dealing with the government it was probably a slow process, and as short sighted as our government is on so many occasions they probably did not allow enough time for applications to be made or cleared. As I've said all along, I'm all for well thought out incremental changes in our health system, particularly in times when the economy is stable. What the Democrats have shoved down our throats is far from well thought out, way too much to digest at once, and done at at time where our economy could ill afford it.

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I would suppose option number one would be to become Medicare certified if you want to bill Medicare. I suppose option number two would be allow to the free market to provide if option number one is not desirable. Option three would be to waste everybody's time and money being unnecessarily litigious just to let everyone know you are a hypocrite opposed to an increased federal role in health care while crying to some federal judge about how you can't survive without federal money.

 

If TSJH refuses to become Medicare certified and can't survive on the free market alone, then it should suck it.

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I would suppose option number one would be to become Medicare certified if you want to bill Medicare. I suppose option number two would be allow to the free market to provide if option number one is not desirable. Option three would be to waste everybody's time and money being unnecessarily litigious just to let everyone know you are a hypocrite opposed to an increased federal role in health care while crying to some federal judge about how you can't survive without federal money.

 

If TSJH refuses to become Medicare certified and can't survive on the free market alone, then it should suck it.

 

Yeah, after the gov't has spent 40 plus years setting up this model by which it covers half the available patients. :wacko:

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Yeah, after the gov't has spent 40 plus years setting up this model by which it covers half the available patients. :wacko:

 

So if they open up a hospital under a system that's been in place for 40+ years that covers 1/2 the available patients you'd think they'd either be prepared to go without Medicare or they'd be prepared to get Medicare certification.

 

Instead they choose to whine like a baby. Whaa. Get certified or f*ck off. Seems pretty simple.

 

The easiest way to limit federal power would be to pass on Medicare. Of course that's not what this hospital wants to do. They want the government money, they just don't want to play by the rules. The hospital isn't taking any kind of stance. Kind of like people who complain that welfare comes with drug tests.

 

I think it is a great idea to allow hospitals to dictate to Medicare the terms under which they will accept Medicare money. Maybe we should also let child molesters run daycares.

 

Go rolleyes as someone else.

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So if they open up a hospital under a system that's been in place for 40+ years that covers 1/2 the available patients you'd think they'd either be prepared to go without Medicare or they'd be prepared to get Medicare certification.

 

Instead they choose to whine like a baby. Whaa. Get certified or f*ck off. Seems pretty simple.

 

The easiest way to limit federal power would be to pass on Medicare. Of course that's not what this hospital wants to do. They want the government money, they just don't want to play by the rules. The hospital isn't taking any kind of stance. Kind of like people who complain that welfare comes with drug tests.

 

I think it is a great idea to allow hospitals to dictate to Medicare the terms under which they will accept Medicare money. Maybe we should also let child molesters run daycares.

 

Go rolleyes as someone else.

 

:wacko: The rules just changed arbitrarily and capriciously on them, so your obamessiah could have his legacy of controlling the populace.

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:wacko: The rules just changed arbitrarily and capriciously on them, so your obamessiah could have his legacy of controlling the populace.

 

No they didn't. They even still have another 6 months to get the certification. Now you are just a lying PoS.

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No they didn't. They even still have another 6 months to get the certification. Now you are just a lying PoS.

 

Thanks dude, appreciate it. Six months might be plenty of time, might not. Simple fact of the matter is that your situation is rough and not enviable, but has turned you into a bitter and angry person. I feel for you man, and I mean that it all sincerity.

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Thanks dude, appreciate it. Six months might be plenty of time, might not. Simple fact of the matter is that your situation is rough and not enviable, but has turned you into a bitter and angry person. I feel for you man, and I mean that it all sincerity.

 

:wacko:

 

Or maybe his reaction is from you getting all chivesy and not knowing what you're talking about.

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:wacko: The rules just changed arbitrarily and capriciously on them, so your obamessiah could have his legacy of controlling the populace.

Club's right though, isn't he? These people in the great self-governing we-don't-need-no-dang-gubment state of Texas have an obvious option other than litigation. Kinda ironic for Perch and the rest of the health-care-would-be-totally-fixed-if-there-were-no-courts brigade, no? Especially as the lawsuit is all about keeping the right to continue sucking from the gubment tit. :tup:

 

And don't rules change in industry all the time? Or is it still legal to dump mercury in the lake?

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  • 1 month later...

I'm not sure about how hospitals are different, but I helped with getting a DME medicare and medicaid certified. There is a ton of hoops to jump through and it took about 1-2 years to get everything kosher for them. Medicare/Medicaid uses independent contractors to come on sight and inspect the facility and then list the things you need to be compliant on by when they return in another visit before they decide upon certification. Also, the facility has to pay the travel expenses and rent-a-car and hotel for the representative that comes to inspect the facility. For just a small DME it took 2 1/2 days for the guy to inspect everything. 6 months later.. he returns to verify any and all changes have been made as required from the first visit. Then it was several months after that that they received the certification just so they could provide services and equipment to Medicare/Medicaid members.

 

This is just a small rural town DME providing medical equipment to patients. This isn't a large hospital supplying actual medical care. I couldn't imagine the amount of red tape something like that has to go through in order to aquire a Medicare/Medicaid certification.

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I'm not sure about how hospitals are different, but I helped with getting a DME medicare and medicaid certified. There is a ton of hoops to jump through and it took about 1-2 years to get everything kosher for them. Medicare/Medicaid uses independent contractors to come on sight and inspect the facility and then list the things you need to be compliant on by when they return in another visit before they decide upon certification. Also, the facility has to pay the travel expenses and rent-a-car and hotel for the representative that comes to inspect the facility. For just a small DME it took 2 1/2 days for the guy to inspect everything. 6 months later.. he returns to verify any and all changes have been made as required from the first visit. Then it was several months after that that they received the certification just so they could provide services and equipment to Medicare/Medicaid members.

 

This is just a small rural town DME providing medical equipment to patients. This isn't a large hospital supplying actual medical care. I couldn't imagine the amount of red tape something like that has to go through in order to aquire a Medicare/Medicaid certification.

 

So just to be clear, it took 1-2 years plush a 6 month follow up to accomplish what Obamacare gave hospitals roughly 6 months to do?

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werd

c the hospital will not be able to over charge anymore... they dont like that one bit.

 

Yeah, there is no "over charging" going on w. Medicare....

$65 Billion in Medicare Fraud

 

The government run health insurance plan for seniors continues to lose money every year and fraud continues unabated. The Miami Herald reports that Florida has become the Medicare fraud capital of the United States.

 

 

Florida mental health clinics submitted $421 million in bills to Medicare last year -- about four times more than Texas and a whopping 635 times higher than Michigan, both also hotbeds of healthcare rackets, according to government records.

 

http://insureblog.blogspot.com/2010/07/65-...care-fraud.html

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Yeah, there is no "over charging" going on w. Medicare....

 

 

http://insureblog.blogspot.com/2010/07/65-...care-fraud.html

 

Haven't you figured out that yukon is the huddle's version of Otis from Mayberry? You only hear from him when he's either going into or coming out of his stupor and usually what he says makes no sense. :wacko:

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