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JR wrote to us with an interesting question:

“Given the attempt to recover bonus payments to AIG, can you envision a scenarios where CMS attempts to recover payments from physicians that they retroactively deem too high?   What if a new national standards board establishes a rate for hip replacements that is lower than what it is today?  Similar situation?  Not at all?  I’d like to see a discussion on this.”

CCHIT President Mark Leavitt likes the Obama administration’s pick for National Health IT Czar.  He left this comment on Matthew’s post on the selection.

I had the opportunity to work with David Blumenthal recently when I served on an expert panel for the health IT adoption studies. He has a deep understanding of applied health IT and, even more important, how clinicians interact with these systems in the real world. This is great news for everyone interested in advancing the use of health IT to improve quality, safety, and cost efficiency.

Commentology regular Christopher George thinks the courts missed the underlying point in both of the cases that Tobias Gilk discusses. Pharma vs. Devices – FDA, Supreme Court and Liability Whiplash

“In both of these [instances] the product was mis-administered. The
Medronic balloon was inflated above the pressure for which it was
rated; the drug was mis-administered by the nurse. In both cases, the fault lay with the doctor or nurse using the
product, not the product. There is no “failure to warn” here. The
balloon was over inflated. Every balloon, when overinflated enough will
burst. The injection was made into an artery.”

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Carl Parisien Natick MANateMichael Millenson Recent comment authors
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Carl Parisien Natick MA
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Carl Parisien Natick MA

well I tend to disagree. I think major changes are in order with health care in the US. Carl Parisien Natick MA

Nate
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Nate

JR they have actually done the opposite once in the past so as crazy as it sounds it wouldn’t be out of the realm of belief for congress to do it. Count this as reason 142 that we should never consider nationalized healthcare. I forget the exact year but around 2002ish there was a bill being considered to either raise or undo a cut in provider funding. Congress being congress it went no where quick and rolled into the next year. Keep in mind millions of medicare claims are paid each week. Around March or so Congress finally passed the… Read more »

Michael Millenson
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Michael Millenson

The question on CMS attempting to recover payments from doctors is confusing apples and oranges. In the case of AIG, the government is now an owner of the company and is trying to recoup money paid to employees. Or, alternatively, the government as Congress is simply passing legislation taking away the money through taxes. CMS either pays or doesn’t. There is no retroactivity on appropriateness except insofar as a review finds evidence of fraud and abuse. While the fears of a national standards board are, for now, highly exaggerated, the chances that standards will be made retroactive are nil. Even… Read more »