Des Moines Register editorial: McCain plan to reform health care: It's scary

[antigop]

http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080503/OPINION03/805030315/1110

If Iowans think the Democratic presidential candidates have radical ideas when it comes to reforming health care, they ought to listen carefully to what's being proposed by Sen. John McCain, the presumptive Republican nominee.

Des Moines was among McCain's stops this week in spreading the word about his health-care plan. He talked again about his plan to shift the country from an employer-based system of insurance to one where individuals and families purchase insurance on their own. He would encourage this by eliminating tax breaks for businesses offering health insurance and providing breaks to individuals who purchase coverage.
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The proposal should scare the heck out of the millions of Americans who rely on employer-based coverage. Iowans who have tried to buy affordable coverage on their own know they need more than a tax credit and good health. Sometimes they need a winning lottery ticket.

Buying individual policies means having your health history reviewed. It means not having the bargaining power and protections that come with being part of a plan offered by an employer. And it's expensive.

So before McCain tries out this dangerous experiment on the American people, he should conduct a sort of pilot project - by starting with the man in the mirror.

Near the end the editorial calls for Medicare for everyone! WHOOHOO!

[Fridays Child]

1. It's been pointed out that, throughout his entire adult life, McCain has never been without...

...employer-paid health insurance--and some of the best coverage available, at that. All of his incredibly out-of-touch policy proposals reveal the very worst sort of elitist arrogance. Every single one has "I GOT MINE, SO FUCK YOU!" stamped right across the front in red letters. The idea that anybody other than the most privileged, blue-blooded members of this country's aristocracy would even consider voting for him is a testament to how well the neocon-controlled media have brainwashed Americans.

[JDPriestly]

2. But, you may have more clout in suing your doctor for malpractice.

So, there may be an upside for patients and a downside for doctors in McCain's plan.

When the employer pays for your insurance, you are covered under ERISA, and the kinds of damages you can get are limited. But if you pay for your insurance, you are not as limited with regard to your damages.

"Congress passed the Employee Retirement Income Security Program in 1974 to make sure that “safeguards provided with respect to the establishment, operation, and administration” of employee benefit plans. ERISA applies to "any employee benefit plan" provided by an employer or employee organization. Courts have applied ERISA to HMOs.

ERISA contains a broad provision stating that ERISA preempts any state law that relates to ERISA plans except those regulating banking, securities, or insurance. ERISA forbids states from deeming employee plans as insurers. In 2004, the U.S. Supreme Court issued its holding in Aetna Health Inc. v. Davila, ruling that ERISA preempts state law allowing for damages resulting from health plans’ coverage decisions. This decision effectively forces these claims into federal court, which imposes limitations on damages in favor of the HMO.

. . .

Generally, damages in a state court action for negligence against an HMO would include:

* actual expenses (out-of-pocket expenses),
* future medical expenses,
* mental anguish,
* future wage loss,
* loss of consortium,
* loss of parental advice and guidance,
* funeral and burial expenses,
* other financial loss, and
* sometimes--punitive damages (if there is malice or fraud involved).

In contrast, damages arising under an ERISA action are limited to the actual medical expenses that were denied or the expenses incurred due to the negligence. The U.S. Supreme Court has held that punitive damages, consequential damages (damages arising as a direct foreseeable result of the wrongdoing) and damages for emotional distress are not recoverable under ERISA.

http://www.calpersonalinjurylawyer.com/sub/hmo-medical-malpractice.jsp

I have to add that the original decision that the ERISA damages are limited to actual medical expenses that were denied or incurred was written by, you guessed it --- Scalia.

Mertens v. Hewitt Assocs. (91-1671), 508 U.S. 248 (1993).

http://www.law.cornell.edu/supct/html/91-1671.ZS.html

on edit: McCain is a fool!!!! If enacted, his health plan will cost the medical profession a king's ransom.

[salin]

3. Reading the comments section to this article

was interesting. Given that this is going to be one of *the* areas of great debate in the year(s) to come it is helpful to get an eye/ear into the counter (often quite ignorant - based on rightwingprop/ideology) arguments.

k & r