HealthWatch: Unnoticed Heath Care Legislation

Congress passed a slew of healthcare bills just before the August recess, and most went unnoticed and unreported even though they could very well affect you.

Legislation addressing medical mistakes and electronic prescription drug records is worth Americans’ attention, as is a bill that would make it easier to distribute controlled substances like morphine and codeine.

Tracking medical errors

In late July, Congress passed and President Bush signed into law a bill that would allow doctors to share information about medical errors without the threat of medical malpractice lawsuits.

Each year, about 98,000 people die from medical mistakes, but health care workers don’t often report them for fear of medical malpractice suits. For years, lawmakers have been debating strategies to gather and analyze data about medical errors without creating a legal nightmare for doctors and nurses.

The new law allows physicians and other health care providers to voluntarily report medical errors to patient safety organizations, without threat of litigation. The Department of Health and Human Services would then catalog the reports in a national database in order to track trends in medical mistakes. Further, the bill grants $25 million for fiscal years 2006 and 2007 for technology upgrades that would help doctors to avoid errors.

Senators Edward M. Kennedy (D- Massachusetts) and Michael B. Enzi (R- Wyoming) negotiated both the House and Senate measures, making sure that the bill did not shield information currently available to lawyers for use in malpractice suits.

Something to think about: Should health care workers get some protection from malpractice suits? The cost of malpractice insurance increases the cost of health care for everyone. Is this law a way to prevent medical mistakes without increasing health care costs?

Prescription drug tracking system

The House and Senate also passed a measure designed to reduce prescription drug abuse and dangerous drug interactions.

The bill sets up databases for doctors and pharmacists, helping them to track prescriptions and prevent "doctor shopping" - when an addict goes to several doctors to obtain multiple prescriptions, often from several states.

Twenty states already have electronic records, but the bill sets new standards for the tracking systems. For example, new databases must be easily accessible to neighboring states.

Some Democrats were concerned that the new databases could compromise patients’ privacy, but the bill’s sponsor, Republican Senator Jeff Sessions of Alabama, was successful in convincing his colleagues that the bill contained sufficient safeguards.

Democrats may seek further protections in separate legislation concerning data privacy.

Something to think about: Are you willing to have your prescription drug records on electronic file? Do databases that contain personal medical information protect us or threaten our privacy?

Drug distribution abroad

Congress also cleared a measure that will make it easier for drug companies to distribute their products overseas.

The bill, which President Bush is expected to sign, will revise the Controlled Substances Import and Export Act, which some say hinders American drug companies from competing abroad.

Current law requires that controlled substances be distributed only within the country to which they are originally exported. The new bill will allow drug companies to distribute to other countries in the region, provided that those nations have signed international agreements that regulate psychotropic drugs.

Specifically, the bill influences the distribution of Schedule I and II substances like amphetamines, morphine, codeine, and other painkillers.

Something to think about: American drug companies are expected to benefit from the new law, but could increased distribution mean increased abuse?

What do you think?

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Posted on: 8/13/2005