A “difficult patient” starts a blog
“I believe that there is a huge disconnect in the communication between doctors and their patients largely due to liability issues, managed care, etc. Well, duh. I realize that I just stated the obvious, but somehow there needs to be a remedy. Doctors fear being sued. Patients fear . . .well we all have our issues . . .”
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{ 11 comments }
The biggest private insurance carrier in our area, as well as the Medicare carrier for my region, passed a rule where a physician could not discharge a patient from the doctor’s practice for any reason, up to and including physical violence against physicians and staff.
The private insurer took the position they were following Medicare rules, and the Medicare carrier tried to treat a violent patient as sort of a “disability” or protected class in some way.
Sort of like the translators you are supposed to get at your expense for limited English proficiency. Medicare tried to take the position that it was the physicians obligation to hire a security guard for the violent patient the same way you need a translator or signer for a deaf patient.
For a while, that really was a rule in my area. You know how Medicare and the insurers just unilaterally change rules and hide the notification in your pile of junk mail.
Outrage set in, but it took effort at the level of the state medical associations involved for our region to get Medicare to back down.
They failed in our area, but you know they’ll try again.
You take money from medicare or insurance companies, you must deal with their conditions.
Dealing with potentially violent people is something that those on the government pay (including doctors accepting medicare $) must deal with, i.e., teachers, policemen, etc.
Don’t like it–refuse medicare patients.
I think I will just refuse the violent ones.
The federal courts (specifically the the U.S. Court of Appeals, Fifth Circuit) have established the right of physicians to dismiss patients. CMS does not have a right to overturn this
ruling, nor does it have any right to establish criminal behavior or criminals as a “protected” class or anything else. I am surprised this even got to the level of a state medical association action since it is so patently ridiculous.
There’s a lot of things CMS does not have a “right” to do.
They do it anyway.
Hey anonymous– despite the 5th Circuit ruleing (which was a purely private setting), medicare can place any condition on doctors receivng its reimbursement. you want complete freedom to dismiss yr patients, don’t take government money.
Oh, and don’t practice law without a licence; it’s a crime.
despite the 5th Circuit ruleing (which was a purely private setting), medicare can place any condition on doctors receivng its reimbursement.
Yeah, you’re right. Such as a rule like “All male physicians who accept medicare reimbursements should streak on a public road for 5 minutes before they may collect their first payment.”
Some people can be such fools. Medicare cannot place any condition it likes on doctors receivng its reimbursement. Certainly not some rule that violates a person’s constitutional rights. A rule that bars a doctor from refusing to see a violent patient who threatens grievous harm to himself or innocent bystanders is so full of sh1t it won’t stand up anywhere.
Do you lawyer clowns come on here and argue just for the sake of taking any view in opposition to doctors? Idiots.
>”Oh, and don’t practice law without a licence; it’s a crime.”
I’ll put that with all your other timly and helpful advice.
People must come from all over for a few minutes of your wisdom. But then again, probably not.
Well, he does have a point, when all is said and done. Don’t like government rules, don’t take government money.
(Setting aside the issue of the government taking our money in the first place, then setting conditions on us when we want it back.)
The idea being that, yes the patient dismissal rule they tried was probably illegal if actually challenged in court.
Thing is, you actually have to challenge it in court. An expensive proposition that you could ultimately lose.
And…..they really did try that once, they will try it again. Just because it is probably illegal does not mean Medicare won’t try. They will try again.
“medicare can place any condition on doctors receivng its reimbursement. you want complete freedom to dismiss yr patients, don’t take government money.
Oh, and don’t practice law without a licence; it’s a crime.”
First, take your own advice.
Second, this is a blog reply list, not a legal forum for consultation. Get a reality check.
Um, I’m the difficult patient that created the site, and I promise you that I am not violent . . .good grief people. You could just read the site. The mirror site at xanga is better though. http://www.xanga.com/difficultpt
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