The Medical Rights and Reform Act of 2009

University of Maryland University College

Abstract
The Medical Rights and Reform Act of 2009
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With the United States health care system steadily crumbling each year the !resident has
come u" #ith a health reform that can change the future of America$ The Medical Rights and
Reform act is a "ro"osed change of action that "romises to e%"and health coverage to all
Americans #hile decreasing the cost of health care s"ending$ Al#ays #ith change comes
hesitation$
There are some that o""ose this idea and some that a""rove$ A fe# "oliticians are
s&e"tical because of their fear of ta% hi&es assuming that every citi'en is at ris&$ Those that
su""ort this bill are o"en to this hi&e in order to reform the health care system entirely$ (ut at
this "oint it has not been "assed$ What is causing the hesitation from some of our Congressmen
and #omen) *on+t they #ant the U$S+s health care system to be su"erior to the rest of the #orld)
*ecide for yourself$
With a ne# !resident in office (arac& ,bama his "lan is to ree%amine the health care
system that both the "revious !resident and Congressmen-#omen have set in "lace$ .t is time that
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the nation+s bro&en health care system is reformed to ensure that every American #ill have
better more affordable access to /uality health care services$ A true reform cannot change
overnight #ith 0ust a little alteration$ .t ta&es an in1de"th loo& and a""roach to create a cohesive
"lan that #or&s together to address the clear "roblems that are in our health care system today
2access cost coverage and /uality3$
,ne of the most im"ortant factors influencing the 4ederal 5overnment+s change in health
care is the rate of gro#th in health care costs$ The amounts that health care costs both to the
nation and it+s "eo"le are gro#ing e%"onentially every year$ The Whitehouse has develo"ed a
ne# health reform for American families and has named it 6The Affordable Care Act 6$ The
!resident+s health reform "ro"osal addresses the unsustainable gro#th of health care costs #ith
much significance "laced on #ellness and "revention the use of electronic medical records and
the integration of clinicians for treatment$
The Senate 7ealth 8ducation 9abor and !ensions bill 2789!3 directs the 4ederal 7ealth
and 7uman Services 277S3 secretary to "lan and im"lement a national "ublic1"rivate
"artnershi" for a "revention and health "romotion outreach and education cam"aign 2CSAC
20093$ This bill "rovides "ublic health community activities #ith screenings and referrals that
hel" the community "revent the diagnosis and "rogression of a disease$ Screenings for oral
health immuni'ations blood "ressure cholesterol and diabetes is an e%am"le of ho# these
illnesses are being "reventive by the use of "ublic health "rograms$
An electronic medical record 28MR3 is the electronic version of "revious hand#ritten
medical charts and #hat is "o"ularly used in today+s time of health care$ 6.t includes all
com"onents of the "atient+s medical records and enables any member of a "atient+s treatment
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team to access the "atient+s "rogress notes treatment "lans medications and other "atient
information from a variety of locations: 2Richards 20093$ (y using this system drug interaction
#arnings "rescri"tion refill notifications and annual screening reminders are #hat save our
"o"ulation today$ The .nstitute of Medicine recommended the use of 8MR+s since the year 200;$
Since then electronic medical records have been "roven to "rovide effective treatment reduce
medical errors and im"roved accessibility to "atient+s medical records$
The !resident+s health care reform "ro"osal describes ne# #ays that "romote a better
coordination bet#een multi"le health care clinicians$ The ne# reform #ill su""ort secure
communication of health records bet#een health care "roviders as #ell as "atients and their
families$ The use of this integrative health system is a #ay to "revent drug interactions and
reduce the redundancy of tests and "rocedures that #ere assigned by different "hysicians$ This
#ill both save time and money #hen a health care team is treating a "atient$ The most im"ortant
outcome of health care reform is to "rovide all Americans affordable access to /uality health care
services #hile e%ercising their right to "rivacy$
.n 2009 U$S$ Re"s$ Mar& <ir& 2R1.ll$3 and Charlie *ent 2R1!enn$3 released details of the
=Medical Rights and Reform Act= a com"rehensive health care reform "ro"osal$ This act is
currently in the !resident+s health reform "ro"osal bill$ The Medical Rights and Reform Act
e%"lained by Congressman <ir& #ill reform health care #ithout 6brea&ing the ban&: 2<ir&
20093$ This act #ill lo#er the cost of health care #hile e%"anding access to services$ The
confidential relationshi" bet#een the doctor and the "atient #ill not be severed$ The Medical
Rights and Reform Act "rotect "atient+s rights #hile it reduces the cost of health insurance for all
Americans$ (y ma&ing health insurance more affordable and giving all Americans more o"tions
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and control over their health care decisions access to health care #ill be e%"anded$ With the
im"rovement of technologies /uality of care #ill also be increased$
The !resident+s "ro"osed health reform #ill e%"and coverage to ;2 million Americans
#ho are no# uninsured$ This accounts for infants children teenagers adults and senior citi'ens
and covers all income brac&ets$ When this bill is "assed 9>? of Americans #ill have coverage
com"ared to only @;? that are covered today$
The uninsured and self em"loyed #ill be able to "urchase insurance through state
"rograms #ith subsidies available to individuals and families of lo# income$ 9o# income
families are categori'ed as a family of four bringing home A220>0 or less annually$ 8ven though
they #ould not be eligible for 4ederal "rograms they #ill be able to contribute to their health
"remiums on a sliding scale$
4ederal "rograms 2Medicaid and Medicare3 #ill e%"and their "rere/uisites so that a
larger grou" of Americans can /ualify$ Americans that are already covered by their current
em"loyer #ill continue to be covered even if they change com"anies$ There are no# infractions
on em"loyers #ho sever health coverage of "revious em"loyees and can no# be fined$ Boung
adults that are 0ust starting their careers can no# be covered by their "arent+s health coverage
until the age of 2C$ With all of these offers to gain ho# can the government refuse the "assage of
this bill)
!resident 5eorge W$ (ush has set a goal of establishing an electronic medical records
28MR3 for all "atients by 20DE and has established a ne# coordinator "osition in 77S 27ealth
and 7uman Services3 to develo" technical s"ecifications for standardi'ation of 8MR+s2 (adger
20DD3$ 6The stimulus bill "assed in 2009 set aside A2F billion to encourage doctors to migrate
The Medical Rights and Reform Act of 2009
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their illegible hand#riting and "a"er charts into the electronic medical records that "olicyma&ers
and "oliticians have for years been saying could revolutioni'e medical care 2and the amount of
money it costs us3: 2(adger 20DD3$ .n this reform by 20DE everyone must "urchase health
insurance or face a AC9> annual fine 2Gac&son 20DD3$ With regards for lo# income families
ad0ustment to this fine #ill run accordingly$ The only "eo"le that are not covered in this reform
are illegal immigrants$ They #ill not be allo#ed to buy health insurance even if they "ay #ith
their o#n money$ This reform "rotects the rights of Americans only$
4or the uninsured Americans this bill #ill "rovide greater incentives to em"loyers and
small businesses that choose to cover their em"loyees$ This could be from lo#ering their ta% rate
or "roviding them a grant to even avoiding a large "enalty fee$ 8m"loyers #ith more than >0
em"loyees must "rovide health insurance or "ay a fine of A2000 "er #or&er each year if any
#or&er receives federal subsidies to "urchase health insurance$
.t #ill encourage the develo"ment of state health "rograms and #ill give the lo# income
families the o"tion to use "ublic funds to "urchase "rivate health insurance "lans$ 8%"anding
rural health care "rograms is another goal of this reform to give those that live far from the city
the chance to receive ade/uate health care$ Currently hos"itals #ith the innovative health
machines are located in "o"ulated cities and "assing this reform #ould give an o""ortunity for
those that aren+t able to travel the distance /uality care$ 4or the young adults this bill #ill allo#
them to remain de"endants on their "arent+s "lan to receive health care$
After the age of 2C they must be em"loyed and receive health insurance from their o#n
em"loyers or "ay as an individual$ 6To lo#er health care costs the Act #ill foster state
innovation through insurance mar&et reforms high1ris& "ools community health net#or&s and
The Medical Rights and Reform Act of 2009
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ne# association o"tions for small businesses: 2Gac&son 20DD3$ ,nce this bill is enacted
insurance com"anies #ill no longer be able to deny coverage to children and adults based u"on a
"ree%isting condition$ Currently this is a "roblem in our health care system #here insurance
com"anies are refusing coverage to individuals because of a "revious condition$ This usually
results in negligent treatment and "rogresses the illness further$ The bill states that beginning the
year 20DE #ould be the end to the denial of coverage to every Americans$
The most controversial issue in this bill is the ta%ation of individuals families and
businesses$ .n this bill the White house is declaring that only the #ealthy families those #ho
earn more than A2>0000 "er year #ill see a boost in their ta%es$ 4or the #ealthy this seems a bit
unfair$ Why should . be ta%ed more 0ust because . ma&e a higher earning may be a /uestion that
the #ealthy "eo"le as&) Should they be "enali'ed for the sa&e of the country+s health care
system) 4or the 9F? of Americans #ho do not fall in that category they have nothing to #orry
about$ .t is no# u" to Congress to decide if this strategy if fair and e/ual to all$ This may be a
reason for the delay in "assing this bill$
Those that o""ose of the !resident+s health reform don+t believe that this ta% raise #ill
only be done to the #ealthy$ The #orry is that #hether over the ne%t cou"le of years Will middle
income families begin to see a raise in fees reduction in ta% brea&s and additional surcharges)
While su""orters are saying that the !resident #ill find more than enough cuts and revenue to
continue #ith this "lan$ =There is substantial sco"e for e%"enditure reductions in health care and
for raising enough revenues from "eo"le #ith incomes over A2>0000 and from com"anies=
2Sasseen 20093$
The Medical Rights and Reform Act of 2009
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4or me this is the most controversial issue because it directly affects the consumers of
health care$ Those #ho don+t believe in the increase in ta%es for the #ealthy may be harming the
nation+s health care system indefinitely$ (ecause of the deficit that this country has accumulated
due to #ars health care s"ending and global #arming #e have to sacrifice some#here in order
to build a system from the ground u"$ . feel that if #e don+t get this bill "assed health care costs
as #e &no# it #ill continue rise and steadily increase every year$ .n other #ords it #on+t be
affordable anymore$ This ris&s the health of all Americans and the health of the country+s
financial system$
The !resident+s total health reform "ro"osal #ill cost the U$S A9E0 billion over the ne%t
ten years$ This cost #ill reduce the deficit by ADE; billion over the first D0 years and AD$2 trillion
over the second D0 years 2Gac&son 20DD3$ The main sources of benefactors for the health reform
#ould come from ne# ta%es fees on industries involved in health care and cuts in s"ending
gro#th for government "rograms 2Medicare3$
The most costly com"onents of this "lan #ill come from Medicare and Ta% revenues$ The
estimated long1term deficit reduction comes mainly from more than A>00 billion in savings from
health "rograms li&e Medicare and AE;@ billion in ne# ta% revenue$ Starting in 20D2 the
Medicare !ayroll Ta% #ill be e%"anded to include unearned income$ 4or individuals ma&ing
A200000 a year and families ma&ing A2>0000 or more annually #ill see an increase in their
Medicare !art A bill from 0$9? to 2$;>?$ This "ro"osal #ill not ta&e effect until the year 20D2
and is estimated to bring in A2D0 billion to the health care industry bet#een years 20D; and 20D9$
Currently the Medicare "ayroll ta% is 2$9? on all #ages 11 #ith the #or&er and his
em"loyer each "aying D$E>?$ That #ill be a ;$@ "ercent ta% on investment income for families
The Medical Rights and Reform Act of 2009
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ma&ing more than A2>0000 "er year$ Medicare "ayments for home health care #ould also be
reduced by AE0 billion over D0 years 25rier 20D03$ And cuts in certain "ayments to hos"itals
#ould raise another A22 billion by 20D9 25rier 20D03$
.n the current state of recession millions of Americans #ere forced to neglect their health
"rocedures and medications due to their loss in 0obs and health insurance$ .n 20D0 the national
health s"ending gre# only ;$9? #hich is the lo#est rate in decades$ 7o"efully #hen this
economy begins to recover the rate of health s"ending #ill gro# to alleviate the deficit$
The !resident and his su""orters figure that it is only fair to add some fees on health care
industries since they+d be getting lots of ne# customers if this health care reform "asses$ So
after negotiations #ith some big sectors the White 7ouse struc& a number of deals 25rier 20D03$
4irst drug manufacturers are to "ay the U$S a total of ADC billion bet#een the years 20DD and
20D9$ Second 7ealth insurers #ould "ay AEF billion bet#een the years 20DD120D9$ Thirdly
medical device manufacturers #ould "ay a 2$9? ta% on the sale of their e/ui"ment beginning
20D;$ 4inally this reform "ro"osal #ould establish a ta% of D0? on indoor tanning services
#hich #ould bring in A2$F billion bet#een the years 20D0120D9$
,ne &ey com"onent of this health reform is to im"rove /uality of health care and find
#ays that measures its outcomes$ 7ealth insurance com"anies "hysicians and "hysicians grou"s
#ould be re/uired to re"ort on health outcomes that im"rove "atient safety reduce medical
errors and "rograms that im"lement #ellness and "revention$ This idea #ill be used to analy'e
#hether certain techni/ues or e/ui"ment and health "rograms are successful in im"roving
"atient+s health$
The Medical Rights and Reform Act of 2009
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.nsurers #ill have to re"ort the amount of revenue that is s"ent on these activities to
account for the cost of health "rograms$ Medicaid and Medicare #ill develo" a 6value based:
system #here "ayments #ill be a#arded to facilities that meet "articular /uality standards that
are set 2Mc*ermott 20DD3$ 8ach fiscal year there #ill be a variation in standards that are set by
Medicaid and Medicare giving the facilities a C0 day notice before each "erformance "eriod$
The Medical Rights and Reform "ro"osal is beneficial to this country+s health system and
financial system$ The !resident and these Congressmen 2<ir& and *ent3 too& a great amount of
time and energy in creating a system that both reduce health care costs #hile decreasing the
amount of health care s"ending$ .t+s time that our country loo&s into something different so that
#e can get things moving$ ,ur current health system is in the ground both economically and
morally$ Millions of dollars are being s"ent unnecessarily and can be sto""ed if this "lan is
"assed$
A chance that the Medical Rights and Reform Act #ill "ass is slim$ This bill #as
"ro"osed in 2009 #hen !resident ,bama began "residency$ .t has continuously been &noc&ed
do#n by the o""osing "arty and #ith a little less than a year to go his "residency is u" for grabs$
. believe if the !resident is elected for a second term this bill #ill have a greater chance of
"assage$ Since the timing is so short . believe Congress #ill continue to allo# time to "ass so
that this bill #ill not be recogni'ed$
This bill must be "assed for the good of the country$ .t #ill give "o#er bac& to us the
consumers of health care instead of the health insurance com"anies by increasing our assurance
of affordable coverage$ This bill #ill ma&e every effort to control and im"rove /uality and safety
#ith more information on #hat the best "ractices are and #hat the outcomes are$ We cannot let
The Medical Rights and Reform Act of 2009
11
this bill sli" bet#een our fingers$ .f #e leave this bill alone #e #ill end u" #ith more uninsured
Americans higher "remiums an even larger 4ederal deficit and health care costs that #ould not
be affordable even to the #ealthy$ The only res"onsible action to ta&e is to "ass this bill because
#e cannot afford the system that #e currently are in$ 9et+s 0ust ta&e this ris&H
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The Medical Rights and Reform Act of 2009
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