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Tuesday, July 2, 2013

New Vital Signs Report How has the prescription painkiller overdose epidemic grown in women

The prescription painkiller epidemic is killing more women than ever before. New data shows prescription painkiller overdose deaths among women have skyrocketed. Since 1999, the percentage increase in deaths was more than 400 percent among women compared to 265 percent in men.

"About 18 women die every day of a prescription painkiller overdose in the US, more than 6,600 deaths in 2010. Prescription painkiller overdoses are an under-recognized and growing problem for women."

To read more about this report click here: US CDC

Click here to read "Press Release: Prescription Painkiller Epidemic Among Women"

Read more about painkillers and workers' compensation:
Oct 28, 2009
A pharmacy dispensed narcotic painkillers to a Patricia Copening, 35 year old doctor's office receptionist, who killed a 21 year old man in a fatal Las Vegas accident. A case is pending against the seven pharmacies (Wal-Mart, ...
Jun 18, 2013
Labels: Drugs, opioids, pain killers, Prescription medication, workers compensation. Posted by Jon Gelman at Tuesday, June 18, 2013 · Email ThisBlogThis!Share to TwitterShare to Facebook · Newer Post Older Post Home ...
Oct 14, 2011
Researchers from the Centers for Disease Control and Prevention report that Schedule II prescription painkillers, like oxycodone, today cause more drug overdose deaths than cocaine and heroin combined. Oxycodone and ...
Jun 21, 2013
When a physician overprescribes painkillers and the patient dies, it's criminal. Similarly, when a workers' compensation insurance carrier acts the same way, it should be a criminal act,” said Singer. To read the entire letter to ...

Friday, December 28, 2012

Legislation Goes to President Obama on CMS Condition Payment Procedures

The US House (H.R. 1845) and US Senate has passed legislation to modify procedures for processing conditional payments under the Medicare (S. 1718) Secondary Payer Act. It establishes parameters for repording, processing and appealing issues concerning conditional payments.

Under the proposed legislation time periods for reporting by parties to CMS (The Center for Medeicare and Medicaid Services) are eased, penalities for insurance carriers are reduced, and a 3 year statute of limitations is established.

The legislation was merged into another pending bill for medical services and was rushed to a favorable vote in both the House and Senate in the last moments before Christmas.

What remains to be determined are the regulations that will be established to implement the legislation. In the past, such regulations usually set boundries for such legislation and may in the end further complicate and even prolong resolution of the issues.

Read more about "The Medicare Secondary Payer Act" and workers' compensation


Oct 01, 2012
US Supreme Court Denies CMS-MSP Case - Hadden. 2012 WL 1106757. Supreme Court of the United States. HADDEN, VERNON V. UNITED STATES. No. 11-1197.Oct. 1, 2012. Opinion. The petition for writ of certiorari is ...
Apr 03, 2009
CMS/MSP Requires Deceased Beneficiary Information. CMS has announced that workers' compensation information concerning deceased beneficiaries must be reported by insurance carriers. "We received another question ...
May 18, 2011
"IT IS FURTHER ORDERED that Defendant's demand for payment of her MSP reimbursement claims, under threat of collection actions before there has been a resolution of an appeal regarding the amount of the Defendant's ...
Dec 23, 2008
A formal process exits to obtain a waiver of an Overpayment Recovery request from The Center for Medicare and Medicaid Services [CMS]. If SSA advises you or your client that it has made an overpayment, ie. Medicare ...


Thursday, December 27, 2012

Who Calls The Shots, Your Employer-Selected Doctor Or The Insurance Company?


Insurance companies sometimes tell doctors that they will not pay for procedures that the doctor says are medically appropriate.

Today's post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

In Iowa, employers have the right to control an injured worker’s medical care. This means that if you are injured at work, your employer gets to send you to a doctor of their choosing. The doctors chosen by the employer are called “authorized treating physicians.” In theory, after an employer chooses their authorized treating physician, they are required to pay for any care that doctor believes is necessary to treat the work injury. In practice, the employer and their workers’ compensation insurance company often try to interfere with the care the injured worker is entitled to by refusing to pay for procedures or tests recommended by their handpicked doctor.

Typically, when an authorized doctor suggests an expensive course of care (like surgery) the first thing the doctor will do is check with the insurance company to make sure the surgery is going to be paid for. Instead of immediately scheduling the needed surgery, the doctor will wait until the insurance carrier agrees to pay for the procedure. Doctors do this so they don’t have to worry about how they are going to be paid. Asking for this unneeded authorization from the insurance company means the insurance company now has a say in determining what individual procedures are proper for the care of the work injury.

We often see injured workers whose injury was initially accepted by the employer until the doctor requests authorization for an expensive surgery. When faced with the additional cost of surgery, the insurance carrier denies the work injury hoping the injured worker will either forego surgery or try to pay for the surgery through other means, such as their personal health insurance.

This situation may also arise when the authorized doctor recommends expensive diagnostic procedures, like CT scans, or refers the injured worker to a specialist, for example a psychiatrist for depression related to the work injury.

To make sure your rights are protected, it’s often helpful to have an experienced workers’ compensation attorney on your side if you’re facing a situation where your employer is trying to interfere with the decisions of their handpicked doctor. Injured workers should get the care that their doctor, not an insurance company, determines is medically appropriate.

Read more about "medical treatment" and workers' compensation.


Nov 16, 2012
New York Worker's Compensation Board's proposed new medical treatment guidelines that will modify 2010 previously implemented. Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the ...
Nov 09, 2012
On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases. They validated, as did the Supreme Court, the ...
Nov 01, 2012
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...
Jan 22, 2011
The court held that the failure of the employer/insurance carrier to provide medical care for out-of-state treatment, even though requested by the employee, was deemed a refusal of the employer to provide adequate medical ...

Related articles

Monday, December 17, 2012

Slow Recovery Affects Workers' Compensation Benefits and Costs

Today's post comes from guest author Kit Case from Causey Law Firm.
A Press Release by the National Academy of Social Insurance

WASHINGTON, DC - Workers' compensation benefits declined to $57.5 billion in 2010 according to a report released today by the National Academy of Social Insurance (NASI). The drop in workers' compensation benefits was largely due to a 2.1 percent drop in medical benefits for injured workers. Employers' costs for workers' compensation also fell by 2.7 percent in 2010. As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades.

"As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades."

"Employers' costs as a percent of payroll declined in 43 jurisdictions," said John F. Burton, Jr., chair of the study panel that oversees the report. "This decline is probably due to the slow pace of the recovery, with many jurisdictions still experiencing relatively high unemployment rates."

Workers' Compensation Benefits, Coverage, and Costs, 2010
Total
2010
Change   Since 2009 (%)
Covered workers (in thousands)
124,454
-0.3%
Covered wages (in billions)
$5,820
2.6%
Benefits paid (in billions)
$57.5
-0.7%
Medical benefits
$28.1
-2.1%
Cash benefits
$29.5
0.7%
Employer costs (in billions)
$71.3
-2.7%
Per $100 of Covered Wages
2010
Change   Since 2009 ($)
Benefits paid
$0.99
-$0.03
Medical benefits
$0.48
-$0.03
Cash benefits
$0.51
-$0.01
Employers' costs
$1.23
-$0.06
Source: National Academy of Social Insurance, 2012.

The new report, Workers' Compensation: Benefits, Coverage and Costs, 2010, is the fifteenth in the series that provides the only comprehensive data on workers' compensation benefits for the nation, the states, the District of Columbia, and federal programs. 

"This report represents the first time the Academy has released employers' costs by state."

This report represents the first time the Academy has released employers' costs by state. For a table showing employers' costs for all fifty states and the District of Columbia, refer to Table 12 (page 34).

Most states reported a decrease in the number of workers covered but an increase in covered wages between 2009 and 2010. During the same period, the total amount of benefits paid to injured workers declined in 26 jurisdictions and increased in 25. As a share of payroll, benefits paid to injured workers fell by three cents to $0.99 per $100 of payroll in the nation.

The share of medical benefits for workers' compensation has increased substantially over the last 40 years. During the 1970s medical benefits nationally accounted for 30 percent of total benefits, whereas in 2010 the share of benefits paid for medical care was almost 50 percent. Experts attribute this trend to the rising cost of health care.

Thursday, December 13, 2012

Well-documented Expense Records Increase Value of Your M&T Reimbursement

Today's post comes from guest author Michael Furdyna from Pasternack Tilker Ziegler Walsh Stanton & Romano.
While receiving medical treatment related to a workers' compensation case, claimants often have additional expenses such as mileage, fuel costs, transportation fares, and out-of-pocket prescriptions. Yet many claimants don't realize they are entitled to reimbursement for expenses they incur in obtaining treatment. Submitting information related to these expenses is an important part of the workers' compensation process. Problems can arise, however, when incomplete or disorganized information is provided to an insurance carrier. This can result in delays and errors in receiving the proper amount to which they are entitled. Claimants can avoid these sorts of problems with small acts of diligence and record keeping.
Here are a few suggestions:
  • Save your receipts and keep a record of your doctor visits. Keeping a log and saving receipts incurred from specific doctor visits provides a “narrative” that makes it easier to tie together dates and expenses.
  • Make sure to use the correct form. The New York State WCB requires

Wednesday, December 5, 2012

Breast Cancer and the Environment: A Life Course Approach - Institute of Medicine

Breast Cancer and the Environment: A Life Course Approach - Institute of Medicine:

"With more than 230,000 new cases of breast cancer expected to be diagnosed in the United States in 2011, many wonder about the role that environmental exposures may be playing. Susan G. Komen for the Cure® asked the IOM to review the current evidence on breast cancer and the environment, consider gene–environment interactions, review the research challenges, explore evidence-based actions that women might take to reduce their risk, and recommend directions for future research. Overall, the IOM finds that major advances have been made in understanding breast cancer and its risk factors, but more needs to be learned about its causes and how to prevent it.

"The report urges a life-course approach to studying breast cancer because new information suggests that women and girls might be more susceptible to some risk factors during certain life stages.

Read more about "breast cancer" and workers' compensation

Nov 23, 2012
"A growing body of scientific evidence suggests that mammary carcinogens and/or EDCs contribute to the incidence of breast cancer. Yet there remain gaps and limitations. This exploratory population-based case–control ...
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
May 29, 2010
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...
Jan 12, 2011
The Nevada Supreme Court has awarded workers' compensation benefits to a firefighter who alleged that her occupational exposure at work to toxic substances caused her breast cancer. The court held that there was ...

Saturday, December 1, 2012

Hospital Controlled Physician Access and Workers' Compensation

As hospital consolidation of physician practices by acquisition continues, the question of the impact on control of the cost workers' compensation medical delivery remains uncertain.

Hospitals, supported by private equity, are now buying physician practices at a greater pace than ever before making choices for physician care more limited and at a higher cost. The New York Times reports that physicians who sell their practices hospitals find that they are under pressure to meet economic challenges of hospital targeted fees and are restricted in the referral of patients.

"....the consolidation of health care may be coming at a hefty price. By one estimate, under its current reimbursement system, Medicare is paying in excess of a billion dollars a year more for the same services because hospitals, citing higher overall costs, can charge more when the doctors work for them. Laser eye surgery, for example, can cost $738 when performed by a hospital-employed doctor, compared with $389 when done by an unaffiliated doctor, according to national estimates by the independent Congressional panel that oversees Medicare. An echocardiogram can cost about twice as much in a hospital: $319, versus $143 in a doctor’s office."

Read the complete article:  A Hospital War Reflects a Bind for Doctors in the U.S.

Read more about "medical Costs" and workers' compensation

Nov 01, 2012
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...
Nov 22, 2012
A report issued by NCCI concludes that medical costs in Workers' Compensation were higher in some instances than in Group Health Plans. The main findings were: For comparable injuries, when WC pays higher prices than ...
Nov 15, 2012
“While the average medical cost for a workers compensation claim is approximately $6,000, the medical cost of an individual claim can be a few hundred dollars or millions of dollars. In 2010, an NCCI study found that claims ...
Nov 29, 2012
The perpetual cost generator that continues to rage out of control in workers' compensation programs is the medical component. Medical costs are crashing the system to failure across the country, with no hope in sight for ...



Tuesday, November 20, 2012

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

The Fifth Circuit Court of Appeals has remanded, for additional review, a complaint filed by a Texas Workers' Compensation attorney who alleges that his constitutional rights were infringed upon by a Texas statute prohibiting misleading advertising. The attorney was cited by the State of Texas for using a domain name that contain the words "Texas" and "Workers' Compensation." The site is named, TexasWorkersCompLaw.com

The Court stated that the use of the domain maybe constitutionally protected:

"A domain name, which in  itself  could  qualify  as  ordinary  communicative  speech, might  qualify  as commercial speech if the website itself is used almost exclusively for commercial purposes."


Tuesday, November 13, 2012

NJ Workers Compensation Courts Reopen

Long Beach Island, N.J., Nov. 11, 2012 -- Utility crews are hard at work on Long Beach Island to help residents with their recovery. FEMA is working with local, state and other federal agencies to provide assistance. Steve Zumwalt/FEMA
Almost two weeks after Hurricane Sandy made landfall in NJ, the New Jersey Division of Workers' Compensation has announced the reopening of the Lebanon and New Brunswick offices.

"Power has been restored to the New Brunswick and Lebanon Workers' Compensation Court offices, both will be OPEN for business on Tuesday, November 13, 2012."

Read more about "Hurricane Sandy"

19 hours ago
As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand ...
Oct 25, 2012
The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard ...
Nov 05, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New ...
Oct 28, 2012
The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard .

Monday, November 12, 2012

NJ Provides Workers' Compensation For Hurricane Recovery Employees

West Long Branch, N.J., Nov. 9, 2012 --In West Long Branch, electrical repair trucks stand ready in the night to be utilized during the next shift to continue the huge job of restoring power to the thousands in the state still without. FEMA is working with state and local agencies to expedite the return of normalcy after the devastation of Hurricane Sandy. Photo by Sharon Karr/FEMA
As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand that they maybe covered under the New Jersey Workers' Compensation Act for potential benefits.

The NJ Workers' Compensation Act is clear, if the accident occurs in the State of NJ then then the injured worker is covered and entitled to benefits. THe benefits are: temporary disability, medical treatment and permanent disability. 

Injured workers must comply with certain notice provision and should consult an attorney at law for guidance.

"In addition to the many thousands of utility workers, more than 280 troopers from eight states deployed last weekend to New Jersey to provide security at checkpoints and patrols in Monmouth County from the Bayshore area to Brielle, and in Ocean County on the barrier islands from Point Pleasant Beach to Long Beach Island."
Click Here to Read: "Sandy recovery becomes national mission as countless workers come to N.J.'s aid" (nj.com)
....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Read More About Hurricane Sandy
Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
Nov 05, 2012
NJ Hurricane Sandy Resources: Food, Water, Fuel, Hotels and Pharmacies. The NJ Regional Operational Intelligence Center has now posted a list of resources for victims suffering from Hurricane Sandy. FOOD Type Address ...
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
Nov 01, 2012
We in New Jersey suffered devastating effects from Hurricane Sandy. The storm left a trail of decimation equivalent to the creation of a war zone, and some of most treacherous rescue and recovery situations ever imagined.