Hidaat Alem

The Medical Rights and Reform Act of 2009

University of Maryland University College

The Medical Rights and Reform Act of 2009 2

Abstract

With the United States health care system steadily crumbling each year, the President has

come up with a health reform that can change the future of America. The Medical Rights and

Reform act is a proposed change of action that promises to expand health coverage to all

Americans while decreasing the cost of health care spending. Always with change comes

hesitation.

There are some that oppose this idea and some that approve. A few politicians are

skeptical because of their fear of tax hikes, assuming that every citizen is at risk. Those that

support this bill are open to this hike, in order to reform the health care system entirely. But at

this point, it has not been passed. What is causing the hesitation from some of our Congressmen

and women? Dont they want the U.Ss health care system to be superior to the rest of the world?

Decide for yourself.

The Medical Rights and Reform Act of 2009 3

With a new President in office, Barack Obama, his plan is to reexamine the health care

system that both the previous President and Congressmen/women have set in place. It is time that

the nations broken health care system is reformed to ensure that every American will have

better, more affordable access to quality health care services. A true reform cannot change

overnight with just a little alteration. It takes an in-depth look and approach to create a cohesive

plan that works together to address the clear problems that are in our health care system today

(access, cost, coverage, and quality).

One of the most important factors influencing the Federal Governments change in health

care is the rate of growth in health care costs. The amounts that health care costs both to the

nation and its people are growing exponentially every year. The Whitehouse has developed a

new health reform for American families and has named it The Affordable Care Act . The

Presidents health reform proposal addresses the unsustainable growth of health care costs with

much significance placed on wellness and prevention, the use of electronic medical records and

the integration of clinicians for treatment.

The Senate Health, Education, Labor and Pensions bill (HELP) directs the Federal Health

and Human Services (HHS) secretary to plan and implement a national public-private

partnership for a prevention and health promotion outreach and education campaign (CSAC,

2009). This bill provides public health community activities with screenings and referrals that

help the community prevent the diagnosis and progression of a disease. Screenings for oral

health, immunizations, blood pressure, cholesterol and diabetes is an example of how these

illnesses are being preventive by the use of public health programs.

The Medical Rights and Reform Act of 2009 4

An electronic medical record (EMR) is the electronic version of previous handwritten

medical charts, and what is popularly used in todays time of health care. It includes all

components of the patients medical records and enables any member of a patients treatment

team to access the patients progress notes, treatment plans, medications, and other patient

information from a variety of locations (Richards, 2009). By using this system, drug interaction

warnings, prescription refill notifications and annual screening reminders are what save our

population today. The Institute of Medicine recommended the use of EMRs since the year 2003.

Since then, electronic medical records have been proven to provide effective treatment, reduce

medical errors and improved accessibility to patients medical records.

The Presidents health care reform proposal describes new ways that promote a better

coordination between multiple health care clinicians. The new reform will support secure

communication of health records between health care providers as well as patients and their

families. The use of this integrative health system is a way to prevent drug interactions and

reduce the redundancy of tests and procedures that were assigned by different physicians. This

will both save time and money when a health care team is treating a patient. The most important

outcome of health care reform is to provide all Americans affordable access to quality health care

services while exercising their right to privacy.

In 2009, U.S. Reps. Mark Kirk (R-Ill.) and Charlie Dent (R-Penn.), released details of the

"Medical Rights and Reform Act," a comprehensive health care reform proposal. This act is

currently in the Presidents health reform proposal bill. The Medical Rights and Reform Act

explained by Congressman Kirk will reform health care without breaking the bank (Kirk,

2009). This act will lower the cost of health care while expanding access to services. The

confidential relationship between the doctor and the patient will not be severed. The Medical
The Medical Rights and Reform Act of 2009 5

Rights and Reform Act protect patients rights while it reduces the cost of health insurance for all

Americans. By making health insurance more affordable and giving all Americans more options

and control over their health care decisions, access to health care will be expanded. With the

improvement of technologies, quality of care will also be increased.

The Presidents proposed health reform will expand coverage to 32 million Americans

who are now uninsured. This accounts for infants, children, teenagers, adults and senior citizens

and covers all income brackets. When this bill is passed, 95% of Americans will have coverage,

compared to only 83% that are covered today.

The uninsured and self employed will be able to purchase insurance through state

programs with subsidies available to individuals and families of low income. Low income

families are categorized as a family of four bringing home $22,050 or less annually. Even though

they would not be eligible for Federal programs, they will be able to contribute to their health

premiums on a sliding scale.

Federal programs (Medicaid and Medicare) will expand their prerequisites, so that a

larger group of Americans can qualify. Americans that are already covered by their current

employer will continue to be covered, even if they change companies. There are now infractions

on employers who sever health coverage of previous employees and can now be fined. Young

adults that are just starting their careers can now be covered by their parents health coverage

until the age of 26. With all of these offers to gain, how can the government refuse the passage of

this bill?

President George W. Bush has set a goal of establishing an electronic medical records

(EMR) for all patients by 2014 and has established a new coordinator position in HHS (Health
The Medical Rights and Reform Act of 2009 6

and Human Services) to develop technical specifications for standardization of EMRs( Badger,

2011). The stimulus bill passed in 2009 set aside $27 billion to encourage doctors to migrate

their illegible handwriting and paper charts into the electronic medical records that policymakers

and politicians have for years been saying could revolutionize medical care (and the amount of

money it costs us) (Badger, 2011). In this reform, by 2014, everyone must purchase health

insurance or face a $695 annual fine (Jackson, 2011). With regards for low income families,

adjustment to this fine will run accordingly. The only people that are not covered in this reform

are illegal immigrants. They will not be allowed to buy health insurance even if they pay with

their own money. This reform protects the rights of Americans only.

For the uninsured Americans, this bill will provide greater incentives to employers and

small businesses that choose to cover their employees. This could be from lowering their tax rate

or providing them a grant, to even avoiding a large penalty fee. Employers with more than 50

employees must provide health insurance or pay a fine of $2000 per worker each year if any

worker receives federal subsidies to purchase health insurance.

It will encourage the development of state health programs and will give the low income

families the option to use public funds to purchase private health insurance plans. Expanding

rural health care programs is another goal of this reform to give those that live far from the city

the chance to receive adequate health care. Currently hospitals with the innovative health

machines are located in populated cities, and passing this reform would give an opportunity for

those that arent able to travel the distance quality care. For the young adults, this bill will allow

them to remain dependants on their parents plan to receive health care.

The Medical Rights and Reform Act of 2009 7

After the age of 26, they must be employed and receive health insurance from their own

employers, or pay as an individual. To lower health care costs, the Act will foster state

innovation through insurance market reforms, high-risk pools, community health networks, and

new association options for small businesses (Jackson, 2011). Once this bill is enacted,

insurance companies will no longer be able to deny coverage to children and adults based upon a

preexisting condition. Currently, this is a problem in our health care system where insurance

companies are refusing coverage to individuals because of a previous condition. This usually

results in negligent treatment and progresses the illness further. The bill states that beginning the

year 2014, would be the end to the denial of coverage to every Americans.

The most controversial issue in this bill is the taxation of individuals, families and

businesses. In this bill, the White house is declaring that only the wealthy families, those who

earn more than $250,000 per year, will see a boost in their taxes. For the wealthy, this seems a bit

unfair. Why should I be taxed more just because I make a higher earning, may be a question that

the wealthy people ask? Should they be penalized for the sake of the countrys health care

system? For the 97% of Americans who do not fall in that category, they have nothing to worry

about. It is now up to Congress to decide if this strategy if fair and equal to all. This may be a

reason for the delay in passing this bill.

Those that oppose of the Presidents health reform dont believe that this tax raise will

only be done to the wealthy. The worry is that whether over the next couple of years, Will middle

income families begin to see a raise in fees, reduction in tax breaks and additional surcharges?

While supporters are saying that the President will find more than enough cuts and revenue to

continue with this plan. "There is substantial scope for expenditure reductions in health care and
The Medical Rights and Reform Act of 2009 8

for raising enough revenues from people with incomes over $250,000 and from companies,"

(Sasseen, 2009).

For me this is the most controversial issue because it directly affects the consumers of

health care. Those who dont believe in the increase in taxes for the wealthy may be harming the

nations health care system indefinitely. Because of the deficit that this country has accumulated

due to wars, health care spending and global warming, we have to sacrifice somewhere in order

to build a system from the ground up. I feel that if we dont get this bill passed, health care costs

as we know it will continue rise and steadily increase every year. In other words, it wont be

affordable anymore. This risks the health of all Americans and the health of the countrys

financial system.

The Presidents total health reform proposal will cost the U.S $940 billion, over the next

ten years. This cost will reduce the deficit by $143 billion over the first 10 years and $1.2 trillion

over the second 10 years (Jackson, 2011). The main sources of benefactors for the health reform

would come from new taxes, fees on industries involved in health care and cuts in spending

growth for government programs (Medicare).

The most costly components of this plan will come from Medicare and Tax revenues. The

estimated long-term deficit reduction comes mainly from more than $500 billion in savings from

health programs like Medicare, and $438 billion in new tax revenue. Starting in 2012, the

Medicare Payroll Tax will be expanded to include unearned income. For individuals making

$200,000 a year and families making $250,000 or more annually will see an increase in their

Medicare Part A bill from 0.9% to 2.35%. This proposal will not take effect until the year 2012

and is estimated to bring in $210 billion to the health care industry between years 2013 and 2019.
The Medical Rights and Reform Act of 2009 9

Currently, the Medicare payroll tax is 2.9% on all wages -- with the worker and his

employer each paying 1.45%. That will be a 3.8 percent tax on investment income for families

making more than $250,000 per year. Medicare payments for home health care would also be

reduced by $40 billion over 10 years (Grier, 2010). And cuts in certain payments to hospitals

would raise another $22 billion by 2019 (Grier, 2010).

In the current state of recession, millions of Americans were forced to neglect their health

procedures and medications due to their loss in jobs and health insurance. In 2010, the national

health spending grew only 3.9%, which is the lowest rate in decades. Hopefully, when this

economy begins to recover the rate of health spending will grow to alleviate the deficit.

The President and his supporters figure that it is only fair to add some fees on health care

industries, since theyd be getting lots of new customers if this health care reform passes. So

after negotiations with some big sectors, the White House struck a number of deals (Grier, 2010).

First, drug manufacturers are to pay the U.S a total of $16 billion between the years 2011 and

2019. Second, Health insurers would pay $47 billion between the years 2011-2019. Thirdly,

medical device manufacturers would pay a 2.9% tax on the sale of their equipment beginning

2013. Finally, this reform proposal would establish a tax of 10% on indoor tanning services,

which would bring in $2.7 billion between the years 2010-2019.

One key component of this health reform is to improve quality of health care and find

ways that measures its outcomes. Health insurance companies, physicians and physicians groups

would be required to report on health outcomes that improve patient safety, reduce medical

errors and programs that implement wellness and prevention. This idea will be used to analyze
The Medical Rights and Reform Act of 2009 10

whether certain techniques or equipment and health programs are successful in improving

patients health.

Insurers will have to report the amount of revenue that is spent on these activities to

account for the cost of health programs. Medicaid and Medicare will develop a value based

system where payments will be awarded to facilities that meet particular quality standards that

are set (McDermott, 2011). Each fiscal year there will be a variation in standards that are set by

Medicaid and Medicare, giving the facilities a 60 day notice before each performance period.

The Medical Rights and Reform proposal is beneficial to this countrys health system and

financial system. The President and these Congressmen (Kirk and Dent) took a great amount of

time and energy in creating a system that both reduce health care costs while decreasing the

amount of health care spending. Its time that our country looks into something different so that

we can get things moving. Our current health system is in the ground, both economically and

morally. Millions of dollars are being spent unnecessarily, and can be stopped if this plan is

passed.

A chance that the Medical Rights and Reform Act will pass is slim. This bill was

proposed in 2009 when President Obama began presidency. It has continuously been knocked

down by the opposing party and with a little less than a year to go, his presidency is up for grabs.

I believe if the President is elected for a second term, this bill will have a greater chance of

passage. Since the timing is so short, I believe Congress will continue to allow time to pass so

that this bill will not be recognized.

The Medical Rights and Reform Act of 2009 11

This bill must be passed for the good of the country. It will give power back to us, the

consumers of health care instead of the health insurance companies by increasing our assurance

of affordable coverage. This bill will make every effort to control and improve quality and safety

with more information on what the best practices are and what the outcomes are. We cannot let

this bill slip between our fingers. If we leave this bill alone, we will end up with more uninsured

Americans, higher premiums, an even larger Federal deficit and health care costs that would not

be affordable even to the wealthy. The only responsible action to take is to pass this bill because

we cannot afford the system that we currently are in. Lets just take this risk!

Reference
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Badger, E. (2011). Can Privacy, Electronic Medical Records Coexist? Retrieved from
http://www.miller-mccune.com/health/can-health-privacy-electronic-medical-records-coexist-
3235

California State Association of Counties (CSAC). (2009). Federal Health Reform; Prevention
and Wellness Provisions. Retrieved from http://www.counties.org/images/users/1/HHS%20fed
%20reform%20prevention_wellness%208.26.09.pdf.

Grier, P. (2010). Health Care Reform Bill 101: Who Will Pay For Reform? Retrieved from
http://www.csmonitor.com/USA/Politics/2010/0321/Health-care-reform-bill-101-Who-will-pay-
for-reform

Jackson, J, Nolen, J. (2011). Health Care Reform Bill Summary: A Look At Whats in the Bill.
Retrieved from http://www.cbsnews.com/8301-503544_162-20000846-503544.html

Kirk, M. (2009). Reps. Dent and Kirk unveil Medical Rights and Reform Act. Retrieved from
http://dent.house.gov/index.cfm?p=PressReleases&ContentRecord_id=a7b821dc-0079-4ffc-
9a42-1371a7d52863&ContentType_id=c6ec3657-dc1e-476f-8d55-
369892a8b74d&Group_id=7a83093f-b0df-4c08-affb-9f5cf4ef7c2a

Medicare website: http://www.medicare.gov/default.aspx

McDermott. (2011). Health Care Reform: Quality Initiatives-the Thread That Ties It All
Together. Retrieved from
http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/21970108-acee-48b5-
b82f-dda8cad89656.cfm

Richards, M. (2009). Electronic Medical Records: Confidentiality Issues in the Time of HIPAA.
Professional Psychology: Research and Practice, Vol 40(6), pp. 550-556

Sasseen, J. (2009). Health Care Reforms Hidden Taxes; Why a lot of health reforms costs could
be borne by the middle class, despite Obamas pledges. Retrieved from
http://www.businessweek.com/magazine/content/09_46/b4155030836539.htm