The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits. 

David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming.

On Monday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray released a letter addressed to the President of the United States urging him to veto House Joint Resolution 111.

A New York federal judge has dissolved a temporary restraining order and ruled the National Football League Players Association (“NFLPA”) failed to establish a Dallas Cowboys running back’s controversial six-game suspension was fundamentally unfair.

by Holly Hayes The Congressional Budget Office (CBO) issued an analysis of the effects of tort reform proposals on health care spending. The CBO estimates that implementing a nationwide package of tort reform proposals would result in reductions of health care spending of about 0.5 percent or about $11 billion in 2009. This figure represents a reduction of 0.2 percent from lower medical liability premiums and a 0.3 percent reduction from less utilization of health care services. CBO’s Analysis of the Effects of Proposals to Limit Costs Related to Medical Malpractice (“Tort Reform”) Today (October 9, 2009) CBO released a letter updating its analysis of the effects of proposals to limit costs related to medical malpractice (“tort reform”). Typical legislative proposals for tort reform have included caps on awards for noneconomic and punitive damages, rules allowing the introduction at trials of evidence about insurance payments and related sources of income, statutes of limitations on suits, and replacement of joint-and-several liability with a fair-share rule. Tort reform could affect costs for health care both directly and indirectly: directly, by lowering premiums for medical liability insurance; and indirectly, by reducing the use of diagnostic tests and other health care services when providers recommend those services principally to reduce their potential exposure to lawsuits. Because of mixed evidence about whether tort reform affects the utilization of health care services, past analyses by CBO have focused on the impact of tort reform on premiums for malpractice insurance. However, more recent research has provided additional evidence to suggest that lowering the cost of medical malpractice tends to reduce the use of health care services. CBO now estimates that implementing a typical package of tort reform proposals nationwide would reduce total U.S. health care spending by about 0.5 percent (about $11 billion in 2009). That figure is the sum of a direct reduction in spending of 0.2 percent from lower medical liability premiums and an additional indirect reduction of 0.3 percent from slightly less utilization of health care services. (Those estimates take into account the fact that because many states have already implemented some of the changes in the package, a significant fraction of the potential cost savings has already been realized.) Enacting a typical set of proposals would reduce federal budget deficits by roughly $54 billion over the next 10 years, according to estimates by CBO and the staff of the Joint Committee of Taxation. That figure includes savings of roughly $41 billion from Medicare, Medicaid, the Children’s Health Insurance Program, and the Federal Employees Health Benefits program, as well as an increase in tax revenues of roughly $13 billion from a reduction in private health care costs that would lead to higher taxable wages. 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.

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.