Effective October 5 2009, the Internal Revenue Service (IRS) has an updated mediation procedure for cases in the Appeals administrative process. Under Revenue Procedure 2009-44, the IRS expands the types of cases eligible for voluntary mediation and clarifies the cases that are ineligible. Mediation is available for: Legal issues. Factual issues. Certain compliance coordination issues. Early referral issues where agreement is not reached. Issues for which a request for competent authority assistant has not yet been filed. Unsuccessful attempts to enter into a closing agreement. Offer in compromise and Trust Fund Recovery Penalty cases. The new procedure also provides that settlement agreements on mediation cases of $50,000 or more must be reviewed by the Office of Chief Counsel. Read more here. Technorati Tags: ADR, law, mediation, IRS

By Holly Hayes The American Hospital Association (AHA) posted this statement on their website in response to the Senate Finance Committee vote on October 13, 2009, on the health care reform bill. The Senate Finance Committee today (October 13, 2009) voted 14-9 to approve health care reform legislation that would expand health coverage to 91% of U.S. residents. The bill received one Republican vote, from Sen. Olympia Snowe (R-ME). According to the Congressional Budget Office, the bill would cost $829 billion over 10 years, is fully paid for, and reduces the federal deficit by $81 billion. It would create non-profit health care co-ops instead of a public plan option to compete with private insurance plans. The co-ops would negotiate payment rates with providers. ‘Today, the Senate Finance Committee reached an important milestone on the road to health reform,’ said Rich Umbdenstock, AHA’s president and CEO. ‘Like Chairman Baucus and other members of the committee, we remain concerned about the need to further expand the level of coverage in the bill. As efforts begin to merge the two Senate bills, we will work to ensure that even more of the uninsured have health care coverage.’ The American Nurses Association (ANA) issued a statement regarding the Senate Finance Committee vote supporting inclusion of the public plan option in the health care reform bill. The American Medical Association (AMA) website did not have a response to the October 13, 2009, Senate Finance Committee vote on the health care reform bill. The AMA does list the elements necessary for health care reform, emphasizing the need for medical liability reforms to reduce defensive medicine costs. The AMA website identifies the seven critical elements they find necessary “to improve access to affordable, quality care and reduce unnecessary costs in the current system:” Health insurance coverage for all Americans Insurance market reforms that expand choice of affordable coverage and eliminate denials for pre-existing conditions Assurance that health care decisions will remain in the hands of patients and their physicians, not insurance companies or government officials Investments and incentives for quality improvement, prevention and wellness initiatives Repeal of the Medicare physician payment formula that would trigger steep cuts and threaten seniors’ access to care Implementation of medical liability reforms to reduce the cost of defensive medicine Streamlining and standardizing of insurance claims processing requirements to eliminate unnecessary costs and administrative burdens The challenges in our health care system are many and complex. Enactment of the above policies will create the foundation for a stronger, better performing health care system, improve access to affordable, high-quality care and reduce unnecessary costs. Further, those who are currently insured, including Medicare patients, and those who are uninsured will all benefit from greater security and stability. The AMA and our individual members are working hard to improve health care delivery and quality through a broad range of initiatives to promote best practices and reduce unnecessary costs. Technorati Tags: Tort Reform, Healthcare President Obama, arbitration, ADR, law, mediation Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at: holly@karlbayer.com.

The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. Senate version: S. 931 and Status. House version: H.R. 1020 and Status. The Employee Free Choice Act of 2009 would amend the National Labor Relations Act to require first mediation and then binding arbitration if both parties are unable to reach an agreement within a certain time frame. Senate version: S. 560 and Status. House version: H.R. 1409 and Status. The Payday Loan Reform Act of 2009 would amend the Truth in Lending Act to establish additional payday loan requirements to protect consumers. This bill prohibits a mandatory arbitration clause that is “oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers.” H.R. 1214 and Status. The Fairness in Nursing Home Arbitration Act of 2009 would render pre-dispute arbitration clauses in nursing home contracts unenforceable. S. 512 and Status. House version: H.R. 1237 and Status. The Mortgage Reform and Anti-Predatory Lending Act of 2009 would amend the Truth in Lending Act of 1968. The bill provides that “[n]o residential mortgage loan and no extension of credit under an open end consumer credit plan secured by the principal dwelling of the consumer, other than a reverse mortgage may include terms which require arbitration of any other nonjudicial procedure as the method for resolving any controversy.” H.R. 1728 and Status. The Labor Relations First Contract Negotiations Act of 2009 would amend the National Labor Relations Act to require the arbitration of initial contract negotiation disputes. H.R. 243 and Status. The Consumer Fairness Act of 2009 would treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions. H.R. 991 and Status. An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes contains an amendment that bans funds to defense contractors who require workers (employees and independent contractors) to arbitrate “any claim under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.” H.R. 3326 ; Amendment; and Status. The Preserving Homes and Communities Act of 2009 would require certain mortgagees to make loan modifications, establish a grant program for state and local government mediation programs, and create databases on foreclosures. S. 1731 and Status. Technorati Tags: arbitration, ADR, law, legislation, Arbitration Fairness Act of 2009, Employee Free Choice Act of 2009, Payday Loan Reform Act of 2009, Fairness in Nursing Home Arbitration Act of 2009, Mortgage Reform and Anti-Predatory Lending Act of 2009, Labor Relations First Contract Negotiations Act of 2009, Consumer Fairness Act of 2009; Preserving Homes and Communities Act of 2009

On October 6, the U.S. Senate by a vote of 68-30 passed an amendment to H.R. 3326 (bill; status). H.R. 3326 is entitled “An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes.” The amendment bars funds to defense contractors who require workers to arbitrate “any claim under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.” This amendment was inspired by the case of Jamie Leigh Jones v. Halliburton (discussed here). Find Senator Al Franken’s (D-Minn.) press release about the amendment here and the video of his speech on the Senate floor is below. Technorati Tags: arbitration, ADR, law, legislation, Halliburton, employment contract, arbitration of tort claims, Jones v. Halliburton