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2012: Patient’s (Doctor’s) Bill Of Rights – PPACA & ERISA Outlaws Anti-Assignment by Insurance Companies

2012: Patient’s (Doctor’s) Bill Of Rights – PPACA & ERISA Outlaws Anti-Assignment by Insurance Companies











Hanover Park, IL (PRWEB) December 31, 2011

ERISAclaim.com announces 2012 Webinars on Patient’s (Doctor’s) Bill Of Rights under health reform laws for claims denials, delays and overpayment crisis. PPACA claims regulations will be fully enforced in 2012 by adopting 36-year-old federal law, ERISA, in its entirety with new protections for patients, doctors and hospitals. PPACA & ERISA Outlaws 36-year-old discriminative anti-assignment practice by all insurance companies and managed care entities, with a new definition of claimant under PPACA, making all doctors and hospitals with valid PPACA and ERISA assignments equally protected under PPACA, also known as “Doctor’s Bills of Rights”, regardless of providers PPO network participation. ERISAclaim.com’s Doctor’s Bill of Rights Webinars starts at $ 5,000 for each two-hour session for each organization.

On November 10, 2011, for the first time in U.S. healthcare history, as a part of PPACA enforcement, federal government launched a “Federal Insurance Department Website” for both patients and providers. On March 16, 2011, Congressional GAO published a report indicating that less than 0.5% of denied claims were appealed in the State of Ohio while 39 to 59% of appeals reversed denied claims.

“While Supreme Court is scheduled in March 2012 to review the constitutionality challenge on PPACA, on May 16, 2011, the Court significantly redefined ERISA with new remedies and protections for patients and providers by its decision in Cigna v. Amara (Case #: 09–804). Regardless of the Supreme Court decision on individual coverage mandate, PPACA claims regulation is completely based on ERISA claim regulation, the 36-year-old federal law, completely governing all employer-sponsored health plan claims,” said says Dr. Jin Zhou, president of ERISAclaim.com, a national expert on PPACA and ERISA appeals and compliance.

According to DOL data, about 77% of insured Americans under employer-sponsored plans have purchased out-of-network coverage by paying higher premiums, out of network doctors and hospitals are completely powerless without PPACA and ERISA compliance if any patients wanted to exercise their rights to see out-of-network doctors and hospitals, warned Dr. Zhou.

ERISAclaim.com’s “Doctors’ Bill of Rights Webinars” will cover following topics with in-depth analysis and compliance of PPACA and ERISA ($ 5,000/2 Hr session/private only):

1.    PPACA “Patient’s Bill of Rights” aka “Doctors’ Bill Of Rights:

http://cciio.cms.gov/programs/marketreforms/billofrights/index.html

“On June 22, 2010, President Obama announced new interim final regulations, the Patient’s Bill of Rights, that include a set of protections that apply to health coverage starting on or after September 23, 2010, six months after the enactment of the Affordable Care Act.”

2.    DOL Affordable Care Act Regulations and Guidance: http://www.dol.gov/ebsa/healthreform/

3.    PPACA Regulations on Internal Claims and Appeals and External Reviews:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=5a02ffcbdc3b299526312c6fe4f889f8&rgn=div8&view=text&node=29:9.1.3.12.14.3.20.9&idno=29

4.    EBSA News Release: US Department of Labor’s EBSA creates new consumer assistance Web page [11/10/2011]

http://www.dol.gov/opa/media/press/ebsa/EBSA20111627.htm

5.    “Federal Department Of Insurance Complaints Website” for Doctors and Patients: https://www.askebsa.dol.gov/WebIntake/Home.aspx?submit=Submit+a+Complaint

6.    Congressional GAO Reports: 39% to 59% denial reversal with valid appeals, only 0.5% appeals in Ohio – http://www.gao.gov/new.items/d11268.pdf

7.    DOL: About 77% of Insured Americans Purchased Out-Of-Network Coverage under Private Industry (DOL, BLS, NBS 2010, page 11 of 167): http://stats.bls.gov/ncs/ebs/detailedprovisions/2010/ebbl0047.pdf

8.    How to become a compliant claim expert in Doctor’s Bill Of Rights under PPACA and ERISA, to appeal all wrongful denials and delays for medical necessity, policy limitation, billing coding errors and out-of-network choices and a direct insurance payment.

In addition, ERISA Outlawed anti-assignment practice since January 1, 2003:

http://www.dol.gov/ebsa/regs/fedreg/final/2000029766.pdf (page 70255)

“The proposal eliminated a provision in the 1977 regulation that seemed to imply that representatives of a claimant must be “duly authorized” to act on behalf of the claimant. This change reflected the perception of the Department that no single Federal standard governs the authorization of a representative and that claimants should be able to freely name representatives to act on their behalf…..Specifically, subparagraph (b)(4) provides that a plan’s claims procedures may not preclude an authorized representative (including a health care provider) from acting on behalf of a claimant and further provides that a plan may establish reasonable procedures for verifying that an individual has been authorized to act on behalf of a claimant. …\ This provision, which is a clarification of current law, applies to all employee benefit plans covered under the Act.”

Most importantly, PPACA “Doctor’s Bill Of Rights” redefined “Claimant” for equal protections under Patient’s Bill of Rights:

http://webapps.dol.gov/FederalRegister/PdfDisplay.aspx?DocId=24056 (page 43355)

“(iii) Claimant. Claimant means an individual who makes a claim under this section. For purposes of this section, references to claimant include a claimant’s authorized representative.”

To find out more about the Total PPACA Claims and Appeals Compliance Services from ERISAclaim.com:

http://www.erisaclaim.com/Press_Releases.htm

Located in a Chicago suburb in Illinois, for over 11 years, ERISAclaim.com is the only ERISA & PPACA consulting, publishing and website resource for healthcare providers in the country. ERISAclaim.com offers free webinars, basic and advanced educational seminars and on-site claims specialist certification programs for doctors, hospitals and commercial companies, as well as numerous pending national ERISA class action litigation support. Dr. Jin Zhou is regarded as the industry “Godfather of ERISA claims” for healthcare providers.

For any questions, please contact Dr. Jin Zhou, president of ERISAclaim.com, at 630-808-7237.

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New York Legislation to Close Gun Show Loophole; New York Criminal Defense Lawyer Rochelle Berliner Explains the Bill and Effects on Gun Buyers, Sellers and Distributors

New York Legislation to Close Gun Show Loophole; New York Criminal Defense Lawyer Rochelle Berliner Explains the Bill and Effects on Gun Buyers, Sellers and Distributors











Queens, New York (PRWEB) December 28, 2011

Ten firearms dealers were charged with illegal gun sales over the past eight months, as stated in an announcement by the Office of the Attorney General on December 4, 2011, after New York Attorney General Eric Schneiderman conducted a series of undercover gun show investigations exposing sellers who allegedly did not properly observe current gun laws. Schneiderman’s weapons sting is part of the Attorney General’s fight against illicit gun sales and weapons trafficking in New York. Schneiderman, with the help of U.S. Senator Kirsten Gillibrand (D-NY), aims to tighten New York’s current gun laws and increase punishments for violators.

Last week, Senator Gillibrand announced her support for Schneiderman and his goal of increasing gun control when she introduced the “Gun Trafficking Prevention Act of 2011” into federal legislation. If accepted, Gillibrand’s bill would toughen penalties for dealers convicted of illegal gun sales in New York as well as persons charged with weapons trafficking throughout the state and across state lines. Several factors led to the crackdown on vendors and gun shows, including the increase in weapons crimes involving guns in the state of New York.

New York weapons defense attorney Rochelle Berliner explains, “New York City already has some of the most restrictive local licensing requirements for Federal firearm dealers in the country. The proposed legislation brings controversy into question concerning states’ rights to choose the definition of what is “reasonable” gun control, and it could end up punishing persons, such as gun shows operators, who have very little or no control over whether the law is actually being obeyed.”

According to the Federal Bureau of Investigation’s (FBI) gun crime statistics in the US for 2010, gun violence in New York increased 7 percent from 2009 to 2010 and accounted for over 60 percent of all crimes reported. A nationwide spike in police gun deaths in U.S also contributed to lawmakers’ urgency to reform gun control policy. To date, there have been166 police deaths nationwide in the past 11 months, an increase from last year’s 146, according to a spokesperson at The National Law Enforcement Officers Memorial Fund.

Senator Gillibrand and Attorney General Schneiderman argue gun trafficking begins with the ease of an unqualified person’s ability to purchase weapons at gun shows. The weapons sold without proper protocol at gun shows subsequently end up on the streets, either to be used directly to commit a crime by the buyer or resold illicitly to someone else, becoming virtually untraceable of current location and origin of the weapon. The proposed bill by Senator Gillibrand would make all such transactions illegal, and a dealer could face a fine of up to $ 2,500 per violation, in addition to a suspension of their license for up to six months.

Under the federal Brady Handgun Violence Prevention Act, an amendment to the Gun Control Act of 1968, firearms dealers with Federal Firearms Licenses are required to enter buyers into the National Instant Criminal Background Check System (NICS) maintained by the FBI. Currently, gun sales in violation of the Brady Act can result in a misdemeanor offense; however, unlicensed private sellers are not subject to the Brady Act.

“On a federal level, private sellers who rent a booth at a gun show are not required to conduct a background check on their buyers, but New York laws state all firearm exhibitors must conduct a national instant criminal background check prior to all firearm sales or transfers, including sales or transfers of rifles or shotguns at a gun show,” states Berliner, a gun sale defense lawyer in Queens.

The Gun Trafficking Prevention Act of 2011 would punish individuals engaged in a conspiracy to traffic guns equally to those who actually traffic a gun, and alleged offenders could face up to 20 years in prison. Those accused of organizing gun trafficking operations would be subject to additional sentencing and could potentially serve five consecutive years in prison. Furthermore, the new bill would make the sale of two or more firearms illegal if the seller has reason to believe the buyer intends to use the guns to commit a felony. Penalties may increase depending on the quantity of guns trafficked.

Additionally, the proposed bill aims to eliminate the illegal flow of guns into New York by cracking down on gun trafficking into New York from across state and national borders through the creation of a unified national policy on gun sales that includes background checks, no matter in which state the gun sale occurred.

According to Berliner, “The proposed legislation would create a huge ambiguity in regard to the seller’s understanding of the buyer’s intentions and the seller’s understanding of the law, specifically regarding what constitutes a felony crime in the state of New York.”

Rochelle Berliner of the Law Office of Rochelle S. Berliner is a Queens criminal defense attorney committed to the protection of men and women accused of crimes throughout the areas of Queens County, New York County (Manhattan), Kings County (Brooklyn) and Bronx County, including Jackson Heights, Astoria, Rosedale, Chelsea, Washington Heights, Harlem, Bushwick, Flatbush, South Bronx, Williamsbridge and all other neighborhoods of New York City.

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Hoax Alien Invasion Planned – Bill Cooper

This is an edited 10 minute version of the hour-long radio broadcast that aired on William Cooper’s Hour of the Time show. It discusses the history and planning of a possible HOAXED alien invasion to set the stage for a one-world government. UPHOLD THE CONSTITUTION DEFEND THE BILL OF RIGHTS PRESERVE THE REPUBLIC
Video Rating: 4 / 5

Looking forward for constitutional amendment bill

The Centre finally makes it clear that it is not possible to bring Aviation Turbine Fuel (ATF) under the scope of the proposed Goods and Services Tax (GST), as per the model suggested by the states.

 

The Oil Industry came out with a demand to include crude oil and its products, and natural gas in the upcoming GST regime. We often used to see different fuel prices from states to states and the main reason for this is the different tax rates structure followed by the states according to their budgetary targets.

 

Earlier our Finance Ministry proposed to keep crude oil, petrol, diesel, ATF and natural gas permanently outside GST through a Constitutional Amendment. There are many states in India who heavily depends on collections from levies on oil products to make up for their budgetary targets. So this has been proposed basically to protect the finances of states. However, recently a letter has been written by the Petrofed, a body representing both public and private sector companies like Indian Oil Corp, seeking inclusion of crude oil, petrol, diesel, aviation turbine fuel (ATF) and natural gas in the Goods and Services Tax .

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According to Petrofed, the inclusion of petroleum products under GST will eliminate twisted wires of taxes paid by suppliers as well as by the industry at different stages in the petroleum value chain. Further, it will also enable the States and the Centre to capture full revenue potential up to sale to final consumers.

 

The 13th Finance Commission has also recommended that petrol, diesel, ATF, crude oil and natural gas should form part of GST legislation. Even it has also recommended that, if necessary, an additional tax can also be levied on these commodities in addition to the GST to look after the financial concerns of the states. But our Finance Ministry wants to keep them permanently out of the GST through Constitutional Amendment.

 

It is well known fact that a lot of things is required to be done for the introduction of the Goods and Services Tax but one thing is certain here that the Government is looking forward to continue the GST process as well as at the same time will try to develop the Consensus between the Centre and the State Governments.

We are tax advisor or consultant in Lawcrux Advisor. We provide all solution and updated information related to INDIRECT TAX”, like Good and Service tax, Custom, Excise etc.

If you need to get more information about us or any updated query about “TAX” visit on our website: Good and Service Tax.

Article from articlesbase.com

Related The Constitution Articles

Did Americans ever tolerate freedom of religion before the bill of rights was added to the Constitution?

Question by Woman: Did Americans ever tolerate freedom of religion before the bill of rights was added to the Constitution?
Were Americans ever intolerant of different religions before the bill of rights legally allowed freedom of religion?

Best answer:

Answer by pizza369m
I believe that the Puritans in Massachusetts were not very tolerant to other religions.

Know better? Leave your own answer in the comments!

2009 Health Care Reform Bill, Pros & Cons – What About the Constitution?

There is daily coverage of the 2009 Health Care Reform Bill pros and cons. The coverage is incessant and well it should be. This health care plan will change our lives. However, there is a fundamental question that is ignored, what about the Constitution?

Very recently, Speaker of the House Pelosi was asked by CNS News, “… where does the Constitution grant Congress the authority to enact an individual health insurance mandate?” Her response was, “Are you serious? Are you serious?” CNS News: “Yes, yes I am.”

Later, Pelosi’s press secretary went on record as saying, “That is not a serious question.” My question: “Asking for Constitutional clarification is not a serious question?”

I have another question just how many of our Senators and Representatives do you think have actually read the Health Reform Act? Yes, I think you are right. Not very many.

Regardless, it seems to me that it is not within Congress’ or President Obama’s authority to dictate to any citizen whether an individual must carry health insurance. How about you? How do you feel about it?

It is like automobile seat belt laws. I know that there is evidence to support the use of seat belts. Still, in my naive way of thinking, I cannot accept being fined for not wearing my seatbelt. There is no evidence that my not wearing a seatbelt will hurt any one else.

So then, this law, the seatbelt law, is a law for my own good. A law passed by those that know better for my own good. Whatever happened to my unalienable rights? I realize that those unalienable rights are not part of the Constitution but they are words on which this nation was founded (The Declaration of Independence).

Some would argue that enacting a Public Health Policy requiring health insurance under penalty of prosecution falls under the Congress’ Constitutional prerogative or right and duty “to promote the general welfare”. I agree.Promoting the general welfare is Congress’ obligation. However, it is not their prerogative, duty or right to dictate the general welfare. Promoting and dictating are two distinct words with completely different meanings.

Any law that would require a citizen to insure himself for his own protection under penalty of prosecution is not promoting. That is dictating. It is enforcement, not a suggestion.

Do not confuse the likes of auto liability insurance, which is an enforced law in most of the country, with a required health insurance mandate.

Liability insurance protects you from the consequences of someone else’s actions. If someone causes harm or damage to you or your property, you have recourse. Liability insurance protects you from someone else’s negligence not your own.

Requiring liability insurance is promoting the general welfare. That mandate protects you from others. Health insurance protects you for you. It does not protect you from someone else.

Requiring me or anyone else to have medical insurance under penalty of prosecution is just plain wrong.

Maybe we should also require mandatory life insurance, so that I can pay those exorbitant funeral costs. What do you think?

There are many events and issues that deserve honest non-partisan review. Tony Perez is the editor of just such a review.

You can express your objective non-partisan opinions and comments at http://The-Independent-Voice.com. Go there now and give us your insight.

Article from articlesbase.com

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LOKPAL BILL SHOULD BE FRAMED KEEPING IN VIEW THE CONSTITUTION AND PARLIAMENT- CONGRESS

Congress said on Saturday (June 18) that the Lokpal bill should be framed keeping in view the constitution and the Parliament. The party maintained that bringing the Prime Minister in the purview of the Lokpal would amount to the weakening of the democratic structure.

Illinois House passes bill shielding gun owner lists from public disclosure

Illinois House passes bill shielding gun owner lists from public disclosure
SRINGFIELD — Gun owners in Illinois could have their identities shielded from public disclosure under legislation that passed the House Friday. Attorney General Lisa Madigan has contended lists of gun owners who have Firearm Owner Identification cards should be retrievable under the state’s Freedom of Information Act.Legislation sponsored by Rep. Richard Morthland (R-Cordova) would amount to an …
Read more on Chicago Sun-Times

State rules for newspaper in records request
CHAMPAIGN — The News-Gazette is awaiting the city’s release of information regarding officers who have been named in citizen complaints against the police after the Illinois attorney general’s office ruled that the information should be made public. read more
Read more on The Champaign News-Gazette

Corps kept advisers in dark on barrier power
The U.S. Army Corps of Engineers this winter declined to make public a report revealing that its electric barrier system is not operating at a level strong enough to repel all sizes of Asian carp, saying it would be released with a batch of related studies in late summer or fall.
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How does the commerce clause in the Constitution apply to The healthcare bill?

Question by Chris: How does the commerce clause in the Constitution apply to The healthcare bill?
Any additional parts of the Constitution that might be construed to allocate the federal Government authority to provide healthcare would be appreciated as well.
I’m seriously trying to understand the pro healthcare crowds arguments on this and would appreciate a actual answer. If ya start with the insults, I’ll just assume it’s because you’re unable to explain your position according to the Constitution. If you can come up with a reasonable answer, (even If I disagree with ya) I’ll give the answer to ya. Give respect, get respect.

Best answer:

Answer by Hostile Critic
Well, it could be viewed as interstate commerce which is clearly in the realm of the federal government. Unfortunately, I don’t know how much the new law increased our ability to buy across state borders (a repub idea).

Either way, that still doesn’t give the government the right to mandate where you spend your money.

Know better? Leave your own answer in the comments!

The Bill of Rights Institute Celebrates Constitution Day, September 17, 2010 with Free Resources for Teachers



Arlington, VA (Vocus) September 1, 2010

On September 17, 2010, the Bill of Rights Institute will celebrate Constitution Day with new educational materials for teachers across the country.

The Bill of Rights Institute’s newest resource, Life Without the Bill of Rights? is a click-and-explore activity that puts your students in control asking them to consider how life would change without some of our most cherished freedoms. Life Without the Bill of Rights? invites your students to understand the significance of their constitutionally-protected rights including freedom of religion, speech, and press; freedom from unreasonable search and seizure; and the rights of private property.

Other free resources include an Interactive Module that allows students to “travel through time” to converse with the Founders and report on the Constitutional Convention. Students will also match quotes to Founders who said them, and complete a constitutional crossword puzzle.

Available for download is a 12-page Celebrate the Constitution: Why Do We Have a Constitution? activity booklet. The free booklet features interactive games and content that informs readers about constitutional principles such as freedom of speech, federalism, how a bill becomes a law, and the history of the Constitution and Constitutional Convention.

“We are truly grateful to our supporters and the teachers we have worked with for helping us reconnect young Americans to our Founding principles,” said Dr. Jason Ross, Bill of Rights Institute Vice President of Education Programs.

All materials and more FREE resources can be found on our Constitution Day Resource Page.

Use #ConDay to follow the conversation about Constitution Day on Twitter.

The Bill of Rights Institute, founded in 1999, is a nonprofit educational organization. The mission of the Bill of Rights Institute is to educate young people about the words and ideas of America’s Founders, the liberties guaranteed in our Founding documents, and how our Founding principles continue to affect and shape a free society.

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