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September 27, 2012 February 8, 2011  A brief history of the Patient Protection and Affordable Care Act.  How Health Reform will affect people and businesses.

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Presentation on theme: "September 27, 2012 February 8, 2011  A brief history of the Patient Protection and Affordable Care Act.  How Health Reform will affect people and businesses."— Presentation transcript:

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2 September 27, 2012

3 February 8, 2011  A brief history of the Patient Protection and Affordable Care Act.  How Health Reform will affect people and businesses.

4 “The most significant legislation passed in our state…even more far-reaching than tort reform…” Blake Wilson MS Economic Council

5 “So proud we passed it… I’m already using it to attract new industry. It is something we’ve needed for a long time… going back to the very first bills I introduced as a freshman legislator…” Phil Bryant Governor of Mississippi

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7 “Fair & Impartial Interpretation” of the law will be restored according to the original intent of the law, putting an end to the practice of allowing the court to favor one party over the other when judicial opinion is persuaded to consider “all sides equal”. By making this change, the act will be fairly and impartially applied to both employers and employees. Section 71-3-1

8 When a claimant desires to challenge a claim by “controverting”, or going to court, it is only reasonable that some medical records be provided. Under the new law, the claimant will have sixty days to provide these records to the court. 71-3-7

9 Apportionment will be reinstituted, allowing pre-existing conditions to be apportioned so that employers hiring previously injured employees are only considered responsible for the permanent effects of a new injury and not the pre-existing one, unless medical evidence shows causal relation. This will restore fairness to the workplace – previously injured Mississippians will be better able to obtain work because employers will no longer fear being made liable for the permanent effects of old injuries, including non-occupationally disabling injuries. Section 71-3-7

10 A change in the statute will remove the ambiguity of who an employee chooses as his or her physician by stipulating that, in addition to other statutory statements as to choice of physician, choice is established once an employee either receives surgery from a physician or receives treatment from a physician for a period of more than six months. Section 71-3-15

11 Significant increases will occur in certain benefits, for the first time since 1948, when Mississippi’s current statute took effect. The surviving spouse’s benefit will quadruple, from $250 to $1000. The funeral benefit will more than double, from $2000 to $5000. The disfigurement benefit will also more than double, from $2000 to $5000. And the weekly benefit for vocational rehab will increase from $10 per week to $25 per week. Sections 71-2-17, 19 &25

12 Attorneys will no longer be paid fees on benefits that the employer voluntarily pays under the law and that the attorney had no role in negotiating. This will help injured workers, allowing them to properly receive all benefits an employer voluntarily pays for every claim, without having unwarranted fees withheld. Section 71-3-63

13 Post-accident drug and alcohol testing will be admissible in workers’ comp proceedings, whether administered by the employer “or otherwise”, ensuring the admissibility of all such tests. Currently, while an employer’s test is considered admissible, the court can disregard a test done by a hospital or other healthcare provider. A change in this practice, along with tougher standards against workplace drug and alcohol use, will result in a fairer process and a safer workplace for Mississippi’s workforce. This provision will also apply to prescription medication that is not taken according to the prescriber’s directions. Section 71-3-121

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