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Georgia Supreme Court rules Northside Hospital can’t shield all financial records in fight over state open-records law

The Georgia Supreme Court ruled Thursday that Atlanta-based Northside Hospital can’t bar public access to all financial records, overturning a lower court’s decision, according to The Atlanta Journal Constitution.
The lawsuit was brought by plaintiff E. Kendrick Smith, who sought records from Northside’s $100 million acquisition of four physician practices. When the hospital rejected his request, Mr. Smith sued.
The case concerns whether the nonprofit hospital should be subject to Georgia’s open-records law, Northside has argued is it not bound to the law because it’s a private nonprofit organization, not a public entity. The lower court rulings agreed with Northside’s stance arguing its financial records were not subject to disclosure.
Georgia Supreme Court justices opposed Nothside’s postion regarding the open record laws, but the court also rejected the plaintiff’s argument that all of the hospital’s financial records should be public. Instead, they remanded the dispute back to the lower court for further proceedings to determine which specific financial documents should be public record.
Attorney Peter Canfield, who represented Mr. Smith, argued Northside Hospital is subject to the open record laws because it was created by a public hospital authority, which is a public entity and the system operates on the authority’s behalf.
“The corporation’s operation of the hospital and other leased facilities is a service it performs on behalf of the [county’s] agency, and so records related to that operation are public records,” Georgia Supreme Court Justice Nels Peterson wrote in the ruling, according to the Atlanta Journal Constitution.
Lawsuit: Epic’s software double-bills Medicare, Medicaid for anesthesia services

Health IT giant Verona, Wis.-based Epic Systems has been hit with a False Claims Act lawsuit that alleges the company’s software double-bills Medicare and Medicaid for anesthesia services, resulting in the government being overbilled by hundreds of millions of dollars.
The lawsuit, which was filed under the qui tam provision of the False Claims Act in 2015 and made public Thursday, alleges Epic’s billing software’s default protocol is to charge for both the applicable base units for anesthesia provided on a procedure and the actual time taken for the procedure. This results in the provider being reimbursed twice for the base unit component, according to the lawsuit.
The whistle-blower who filed the lawsuit, Geraldine Petrowski, worked at Raleigh, N.C.-based WakeMed Health from September 2008 through June 2014. In her role as supervisor of physician’s coding, Ms. Petrowski served as the hospital liaison for Epic’s implementation of its software at WakeMed Health.
Ms. Petrowski claims she provided examples to Epic representatives illustrating the double-billing practice, and the company initially ignored her complaints. “It was only after relator, Petrowski, reiterated her direction to fix this software setting that [Epic] relented and fixed it only for the WakeMed Health facility,” according to the lawsuit.
The lawsuit alleges the unlawful billing protocol has resulted “in the presentation of hundreds of millions of dollars in fraudulent bills for anesthesia services being submitted to Medicare and Medicaid as false claims.”
In a statement to Healthcare IT News, an Epic spokeswoman said, “The plaintiff’s assertions represent a fundamental misunderstanding of how claims software works.”
The Department of Justice declined to intervene in the case, and the whistle-blower will move forward in the case without the government.
Gun Death Rate Rose Again in 2016, C.D.C. Says

The rate of gun deaths in the United States rose to about 12 per 100,000 people, the second consecutive increase after a period of relative stability.
The rate of gun deaths in the United States rose in 2016 to about 12 per 100,000 people, the Centers for Disease Control and Prevention said in a report released on Friday. That was up from a rate of about 11 for every 100,000 people in 2015, and it reflected the second consecutive year that the mortality rate in that category rose in the United States.
The report, compiled by the C.D.C.’s National Center for Health Statistics, showed preliminary data that came after several years in which the rate was relatively flat.
“The fact that we are seeing increases in the firearm-related deaths after a long period where it has been stable is concerning,” Bob Anderson, chief of the mortality statistics branch at the health statistics center, said in a telephone interview on Friday. “It is a pretty sharp increase for one year.”
Mr. Anderson also said the rates for the first quarter of this year showed an upward trend, compared with the same three-month period of 2016.
“It clearly shows an increase,” he said, while emphasizing the data was preliminary. “With firearm-related deaths it is seasonal — the rates generally are a little higher in the middle of the year than they are at the end of the year,” he added. “Homicides are more common in the summer.”
More than 33,000 people die in firearm-related deaths in the United States every year, according to an annual average compiled from C.D.C. data.
The data released on Friday did single out other causes of death in the United States that were higher than the firearm-related rate. The drug overdose rate, for example, was almost 20 deaths per 100,000 last year, up from 16.3 in 2015.
The death rate for diabetes was about 25 per 100,000 people; cancer was 185 per l00,000, and heart disease about 196 deaths per 100,000 people.
But statistics about gun deaths, nearly two-thirds of which are suicides, have been ingrained in the national discourse in the United States, particularly after mass shootings, such as the one in Las Vegas last month in which 58 people were killed, and in debates over legislation related to guns.
In June 2016, the 49 fatalities in the Pulse nightclub shooting in Orlando represented one of the highest death tolls in a single mass shooting in recent United States history. But gun violence researchers note that although mass shooting fatalities account for no more than 2 percent of total deaths from firearm violence, they are having an outsize effect.
Garen J. Wintemute, director of the Violence Prevention Research Program at the University of California, Davis, School of Medicine, wrote in the Annals of Internal Medicine after the Las Vegas shooting that mass killings are “reshaping the character of American public life.”
“Whoever we are, they happen to people just like us; they happen in places just like our places,” he wrote. “We all sense that we are at risk.”
Dr. Wintemute said the latest C.D.C. report means the nation is approaching two decades since there has been any substantial improvement in the rate of gun deaths. The rate for the first three months of 2017 was about the same as the corresponding period in 2016. Hopefully, that is a sign it will level off again, Dr. Wintemute told The Associated Press.
Mr. Anderson said the data was not broken down by states, which each have different levels of comprehensiveness in their reporting to the federal agency. “As they get more and more timely we hope to include state-level information in these reports,” he said.
Suicides account for about 60 percent of firearm-related deaths, and homicides about 36 percent, Mr. Anderson said. Unintentional firearm deaths and those related to law enforcement officials account for about 1.3 percent each. The rest are undetermined.
The final data for 2016 will be released in the first week of December, Mr. Anderson said. “It could be this is a sort of blip, where it will stabilize again,” he said. “It is hard to predict.”
200 health, business groups endorse bipartisan ObamaCare bill
200 health, business groups endorse bipartisan ObamaCare bill

More than 200 health and business groups have endorsed a bipartisan bill to shore up ObamaCare’s insurance markets.
Senate Health Committee Chairman Lamar Alexander (R-Tenn.) and ranking member Patty Murray (D-Wash.) announced the support Wednesday as part of their latest push to get the bill passed.
Those in support include influential groups such as the American Medical Association and the American Hospital Association.
But the bill still faces an uphill battle to becoming law. While it appears to have the support needed to pass the Senate, Majority Leader Mitch McConnell (R-Ky.) has said he won’t call it for a vote without approval from President Trump.
The bill would fund ObamaCare’s insurer subsidy payments for two years and give states additional flexibility to change their ObamaCare requirements.
Trump has called the bill a bailout for insurance companies and is pushing for more conservative changes.
But Murray said Tuesday she hasn’t had any discussions with the White House about making changes to the legislation, calling for it to be brought up as is.
The bill thus appears to be at a standstill. Many observers think its only real chance is to be included in a larger deal on spending in December.
Maine Medicaid expansion vote seen as ‘Obamacare’ referendum

The roiling national debate over the government’s proper role in health care is coming to a head in a state more commonly known for moose, lobster and L.L. Bean.
On Nov. 7, voters in Maine will decide whether to join 31 other states and expand Medicaid under former President Barack Obama’s Affordable Care Act. It is the first time since the law took effect nearly four years ago that the expansion question has been put to voters.
The ballot measure comes after Maine’s Republican governor vetoed five attempts by the politically divided Legislature to expand the program and take advantage of the federal government picking up most of the cost.
It also acts as a bookend to a year in which President Donald Trump and congressional Republicans tried and failed repeatedly to repeal Obama’s law.
Activists on both sides of the issue are looking at the initiative, Maine Question 2, as a sort of national referendum on one of the key pillars of the law, commonly known as Obamacare. Roughly 11 million people nationwide have gained coverage through the expansion of Medicaid, the state-federal health insurance program for lower-income Americans.
Republican consultant Lance Dutson called Maine’s initiative a national bellwether in which the needs of the people could trump political ideology.
“People believe there are good parts to Obamacare and bad parts to Obamacare. And without taking Medicaid expansion, we are leaving one of the good parts on the table while still suffering from the bad parts of it,” said Dutson, who supports Question 2.
Maine may not be the last state to put the Medicaid question before voters. Expansion proponents in Idaho and Utah have launched similar efforts in those states aimed at the 2018 ballot.
If the initiative passes, an estimated 70,000 people in Maine would gain health coverage. The issue is personal to many in an aging, economically struggling state with a population that is smaller than the city of San Diego.
Nature painter Laura Tasheiko got dropped from Medicaid three years ago after successfully battling breast cancer. Since then, she has relied on the charitable services of a hospital near her home in Northport, a seaside village of less than 2,000 people about 100 miles northeast of Portland.
She worries about having another serious health problem before she is eligible for Medicare when she turns 65 next year.
“Some of the after-effects of the chemo can be severe, like heart failure,” she said. “Having no insurance is really scary.”
Maine’s hospitals support the Medicaid expansion and say charity care costs them over $100 million annually. The initiative’s supporters have reported spending about $2 million on their campaign, with hundreds of thousands of dollars coming from out-of-state groups. By comparison, the lead political action committee established to oppose the measure has spent a bit less than $300,000.
Among those who say Maine will benefit from the expansion is Bethany Miller. She said her adult son, Kyle, needed Medicaid because he couldn’t afford subsidized monthly insurance premiums even though he was working.
She remembers watching as her son’s eyes went hollow and his body turned skeletal in the weeks before he died, at age 25, from a diabetic coma a year ago.
“He had a job, but he didn’t make enough money to pay for his basic needs and his insulin, and he couldn’t live without his insulin,” said Miller, who lives in Jay, a small paper mill town about 70 miles north of Portland.
LePage, a Trump supporter, is lobbying furiously against the initiative. He and other critics warn that the expansion will be too costly for Maine, even with the federal government picking up most of the tab. After 2020, the state’s share of paying for the expansion population would be 10 percent.
LePage warns that he would have to divert $54 million from other programs — for the elderly, disabled and children — to pay for Medicaid expansion.
“It’s going to kill this state,” he said.
LePage said he considers Medicaid another form of welfare and wants to require recipients to work and pay premiums.
Maine currently serves about 268,000 Medicaid recipients, down from 354,000 in 2011. LePage credits the drop to his administration’s tightened eligibility restrictions.
If Question 2 passes, the Medicaid expansion would cover adults under age 65 with incomes at or below 138 percent of the federal poverty level. That’s $16,643 for a single person or $22,412 for a family of two.
State Rep. Deborah Sanderson, a Republican, said Maine is already struggling to serve its rapidly aging population as nursing homes shutter and rural hospitals struggle.
“I get accused on occasion of trying to pit one population of folks against another,” she said. “It’s a case of only having a certain amount of resources to take care of a large number of needs.”
Finances are a concern in a state marked by factory closures and sluggish wage growth.
But with more people living on the margins, advocates of the expansion say that is all the more reason to extend the benefits of Medicaid. About 8 percent of Maine residents do not have insurance, a little less than the national percentage.
Democratic Sen. Geoffrey Gratwick, a retired rheumatologist, said he has seen many patients throughout his career who did not have health insurance and came to him with a disease already in its late stages. He voted for all five Medicaid expansion attempts.
“They are just as good people as you or I, but their lives will be shorter and they will be sicker,” he said. “Compassion, common sense and our economic interest demand that we get them the health care they need.”
Nathalie Arruda and her husband, Michael, are in that group that is sometimes without insurance. They live in the farming community of Orland, halfway between New Hampshire and the state’s eastern border with New Brunswick, Canada.
The couple run a computer business and rely on herbal teas and locally grown greens to stay healthy as they fall in and out of Medicaid eligibility. LePage restricted Medicaid eligibility for adults with dependents, like the Arrudas.
“There have absolutely been times when my husband or I have put off getting something looked at that we probably should have because we didn’t have coverage,” Arruda said.
In Miller’s view, her son would still be alive if LePage had signed one of the Medicaid expansion bills sent to him by the Legislature.
When Kyle turned 21, he was one of thousands who lost MaineCare coverage under the governor’s reforms. She said he juggled construction jobs but couldn’t afford his $80 subsidized monthly premium for private insurance.
He struggled to pay medical bills from emergency room visits, Miller said.
Before Kyle died last November, he had landed a steady job at a plastics factory that promised health insurance. He didn’t live long enough to get the coverage, falling into a diabetic coma.
“He started rationing his insulin so he could buy food,” his mother said. “And it cost him his life.”
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