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welshTerrier2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 12:00 PM
Original message
just shutup and die
once again, the Supreme Court has demonstrated its ugliness ... are these the "American values" we hope to project to the rest of the world? never has there been a clearer statement of valuing corporate profits over the lives of human beings ...

sounds like the court is allowing insurance companies to practice medicine without a license ... is this the kind of conduct that "right to lifers" endorse ??

source: http://story.news.yahoo.com/news?tmpl=story&cid=580&e=2&u=/nm/20040621/bs_nm/court_health_dc


High Court Limits Patient Suits Vs HMOs

WASHINGTON (Reuters) - A unanimous U.S. Supreme Court ruled on Monday that patients cannot sue health insurance companies under state law for refusing to pay for doctor-recommended medical care, a decision that could affect millions of patients.

The justices ruled that a 1974 federal law, the Employee Retirement Income Security Act, completely pre-empted such lawsuits brought in state court by patients who seek damages over the denial of appropriate medical care.

The decision was a victory for the U.S. Justice Department (news - web sites) and insurers, which warned that allowing the lawsuits would drive up health care costs. Millions of Americans have medical insurance through employer-provided health plans governed by the 1974 federal law.

<snip>
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 12:18 PM
Response to Original message
1. The fashionable term for working people in the halls of power
is "useless eater." I guess the people who sweat their lives away keeping the world running are too useless to deserve to be kept healthy enough to keep on working.

This is your country, folks. If you don't like it, vote against the incumbents in every election until they start to get the message.
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Misunderestimator Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 12:19 PM
Response to Original message
2. Well, shit...
:wtf: and anyone who thinks to throw their vote away to anyone but Kerry should just think about Jericho's walls crumbling down...
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AP Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 12:23 PM
Response to Original message
3. SCt hands were tied. Statute was clear. Know why Cong. gives Feds...
...jurisdiction?

It's because the Fed Cts are more expensive to litigate in, and because judges are more loyal to the federal government than to the states.

In the state courts, the rules and the intangibles would normally benefit a state citizen plaintiff over a national corporation. That's why the HMOs were so eager to keep suits against them out of the state courts.

Nice Democracy we have, eh?

Consumer vs Corporation, the government will always do what it can to give the corporations a leg up.
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scarletwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 09:56 PM
Response to Reply #3
11. BINGO!!!
"Consumer vs Corporation, the government will always do what it can to give the corporations a leg up."

Yup, that's pretty much the size of it...

sw
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Nevernose Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 10:00 PM
Response to Reply #3
12. In my Fed District, there's a NINE YEAR waiting line...
...if you want to actually have your case go before a jury (to be fair, my lawyer told me that it was anywhere from 6 to 9 years, depending upon which judge, what kind of case, et ct -- 6 years is still too damn long).

What's that saying? Justice delayed is justice denied? A nine year wait won't matter to much to OmniGlobalHealth, Inc., but it will mean a hell of a lot to the eight year old w/ leukemia.
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welshTerrier2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 05:14 PM
Response to Original message
4. kick
this ruling will affect the lives of millions of Americans ...
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Tsiyu Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 05:15 PM
Response to Reply #4
5. So maybe I'm glad
I'm one of the millions of uninsured......who knew
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welshTerrier2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 05:20 PM
Response to Reply #5
7. a true blessing ...
welcome to DU, buddyhollysghost !!

well, if you believe the republican spin, this ruling will make health insurance much more affordable ...

now the HMO's can disagree with your doctor and there's nothing you can do about it ... is it just a little possible that the fox is guarding the chicken coop ... the insurers can virtually reject any claim now with impunity ...

where's the incentive for them to provide any coverage ???
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Yo_Mama_Been_Loggin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 09:50 PM
Response to Reply #7
9. Though I know you don't believe the Republican clap trap.
This will definitely NOT make health care more affordable. It appears that both HMOs in this case were penny wise but pound foolish. By refusing to pay for doctor recommended care more costly procedures were required later.

This is hardly the first time I've seen this. Just today a coworker of mine who has sleep apnea had his provider refused to pay for a sleep study because he was not narcoleptic. Never mind the fact that sleep apnea is a factor many conditions such as high blood pressure or heart disease. Heart surgery can cost five figures. That's as much as many people make in a year.
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RBHam Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 05:18 PM
Response to Original message
6. Galloping, not just creeping, Fascism...
WHO CAN STOP THEM NOW?"

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theboss Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 05:32 PM
Response to Original message
8. This means that a federal law is needed
I expected this verdict. ERISA is pretty clear that the federal government has jurisdiction, not the states. SCOTUS probably made the right decision on the law.

Morally, it's horrifying, but they have to follow a bad law just like everyone else.

This means that a federal version of the state laws are required.
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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 09:51 PM
Response to Original message
10. You haven't seen nothing yet, i.e. Bush 4 more years.
No More Stevens. :-( Work we have to do...
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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-21-04 10:04 PM
Response to Original message
13. The insurance rates will still go up... all of their chatter is terrorism.
Terrorism against the customer, perpetrated by the rapi$ts.

What's left to say? They're despicable and depraved and the antithesis of the repuke bunk about compassionate and the rest of their shoveling... To repeat their words isn't worth my time, for what they say is nothing but lies upon lies.
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