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Asthma, Health Care, and the Law

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Bronchial Asthma
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Abstract

In 2010 the projected direct cost for health care expenditures for asthma is $15.6 billion, including $5.5 billion for hospital care. For the uninsured, the cost of preventative and emergency treatment can be staggering. The Patient Protection and Affordable Care Act seeks to increase access to insurance coverage. It currently protects children from being denied insurance coverage on the basis of asthma as a pre-existing condition; this protection will expand to include adults in 2014. Likely problems with the law for patients include political factions attempting to defund or overturn some or all parts of the law, and ever-increasing insurance premiums coupled with plans that offer no more than the minimum-mandated coverage. Additionally, because the law is looking to reduce Medicare expenditures, Accountable Care Organizations would receive payment for improving the quality of health care and reducing costs. This change in reimbursement and the movement to larger group cooperation has the potential to challenge a physician’s ability to effectively advocate for more expensive but more effective treatments.

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Notes

  1. 1.

    Cook, Bob, “More employers consider dropping health coverage, report says” American Medical News 20 June 2011, http://www.ama-assn.org/amednews/2011/06/20/bisa0620.htm.

  2. 2.

    http://www.patientphysicianalliance.org.

  3. 3.

    Morgan, Wayne, M.D., C.M., Crain, Ellen, M.D. Ph.D., et al. “Results of a Home-Based Environmental Intervention among Urban Children with Asthma” New England Journal of Medicine Volume 351:1068-1080, 9 September 2004.

  4. 4.

    http://www.epa.gov/asthma/pdfs/home_environment_checklist.pdf.

  5. 5.

    The EPA has created an informational brochure for health plans interested in implementing home visits, which can be found at: http://www.epa.gov/asthma/pdfs/implementing_an_asthma_home_visit_program.pdf.

  6. 6.

    Patrick, Dan “DeMont redeemed after 29 years” 6 December 2001 http://espn.go.com/talent/danpatrick/s/2001/0202/1057642.html.

  7. 7.

    See “Asthma’s Future in Utah: How will genomics play a role? July 2006 Workplan” http://health.utah.gov/genomics/pages/projects/asthmaconference/Workplan%20with%20notes%20-%20FINAL.pdf.

  8. 8.

    The test was pulled from drugstore chains when the FDA alerted the manufacturer that the test met the legal definition of a “device” and thus fell under the purview of the FDA. Tests currently remain available online. See http://www.ama-assn.org/amednews/2000/10/02/hlsb1002.htm. Genetics help predict asthma drug response. By Victoria Stagg Elliott, amednews staff. 2 Oct 2000.

  9. 9.

    Faces of Genetic Discrimination: How Genetic Discrimination Affects Real People authored/published by National Partnership for Women & Families on behalf of the Coalition for Genetic Fairness. http://www.geneticalliance.org/ksc_assets/documents/facesofgeneticdiscrimination.pdf.

  10. 10.

    While many cases have held that the impairment suffered by asthmatic plaintiffs does substantially limit major life activities, Moran v. Premier Educ. Group, Lp, 599 F.Supp.2d 263 (D. Conn., 2009) which in denying the employer’s request for summary judgment found that there was “sufficient material facts in dispute to warrant precluding summary judgment on the basis that the [asthmatic] Plaintiff does not suffer from a disability.”

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Correspondence to Charles Bond ESQ, JD .

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© 2012 Springer Science+Business Media, LLC

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Bond, C. (2012). Asthma, Health Care, and the Law. In: Gershwin, M., Albertson, T. (eds) Bronchial Asthma. Springer, New York, NY. https://doi.org/10.1007/978-1-4419-6836-4_18

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  • DOI: https://doi.org/10.1007/978-1-4419-6836-4_18

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