Doctors: 6 Gripes about the health care law

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NEW YORK  -- Now that health reform is law, many physicians are complaining that while it may help their patients, it doesn't go far enough to help doctors. Among their gripes, doctors say the legislation continues to leave them vulnerable to lawsuits and decreasing Medicare payments.

CNNMoney.com fact-checked their concerns and here's what we found:

We can be sued into oblivion.

 

Doctors' fear of multi-million dollar lawsuits is pushing them to practice "defensive medicine." More doctors are ordering additional tests and procedures not based on need but fear of liability.

The government estimates that cost of medical malpractice is less than 2% of overall health care spending. Industry experts say defensive medicine accounts for about 10% of health care costs, or more than $100 billion annually.  "It only takes one multi-million dollar lawsuit to eliminate my ability to provide for my family," Dr. Andrew Morton, primary care physician.

What's in the law: The legislation doesn't impose a cap on damages from lawsuits. Instead, the law authorizes the Secretary of Health & Human Services to award five-year grants to states to test alternatives to lawsuits, including health courts and early disclosure laws.

A timely apology is all families usually want, experts say. Disclosure laws would allow doctors to apologize for errors and resolve any dispute without going to court. However experts say that apology could be admissible in any future lawsuit.

Medicare threatens to cut my pay every year.

Every year, doctors say their cost of doing business is rising much faster than what Medicare pays them. In fact, they say, payments have been falling.  According to the law, a Federally mandated formula is used every year to determine payment rate based on the health of the economy. Payment rates have been cut for the past 8 years, although Congress has stepped in each year except for one to block them. This year, a 21% pay cut has gone into effect and Congress has yet to block it.
Faced with these cuts, doctors say they could stop accepting new Medicare patients or even drop existing ones. Medicare is a federally funded program that provides health insurance for about 45 million Americans age 65 or older.

What's in the law: The legislation does not provide for a permanent solution to the threat of yearly Medicare pay cuts.

Pay raise not enough.

Doctors say new bonuses mandated by the legislation are a welcome benefit but fear they could be offset by other measures.

What's in the law: Beginning in 2011 and in effect until 2016, the law established a 10% Medicare bonus payment to care providers who bill at least 60% of their charges for primary care services.
General surgeons also get a 10% Medicare bonus payment beginning in 2011 until 2016 if they practice in underserved areas.

Removal of co-pays will hurt my income.

Beginning in 2011, the legislation eliminates co-payments and co-insurance for preventive services and exempts preventive services from deductibles under the Medicare program.

Many of us are still drowning in school debt.

 

What's in the law: The legislation set aside $125 million for scholarships and other financial assistance in 2010. For 2011 through 2014 hospitals and other institutions will get money to boost their primary care training programs, but how much is unknown.

Insurers are still meddling in my work.

What's in the law: The legislation does not address prior authorizations.