HARP is a resource for patients, doctors, and attorneys seeking to
establish the liability of HMOs, Managed Health Care Organizations,
and Nursing Facilities for the consequences of their decisions.
We are concerned that in the headlong rush to "Efficient"
Medical care, the organizations involved are losing sight
of the "Quality" of the care they provide.
As more and more "Incentives" to cut back on medical care
are put in place by the new class of medical entrepreneurs,
the patient often suffers. We feel that Counter-incentives
must be applied, and they must be financial. The only such
Counter-incentives available under our system are lawsuits
for damages caused by excessive cost-cutting measures.
However, many obstacles protect corporate providers from
being held responsible for their acts.
ERISA drastically
limits the remedies available to injured workers, as well
as preempting State regulations designed to control the
more egregious problems.
Rigged Mandatory
Arbitration gives injured patients the
illusion of justice. Strict application of state
Tort laws holds
doctors responsible for actions forced on them by Managed Care
Organizations, which themselves escape liability.
In an attempt to alleviate some of the obstacles to just resolution
of patient suits, we have developed a
Political Agenda which we will attempt to see enacted.
We have collected here some aids for the plaintiff and
his attorney attempting to surmount these barriers.
We have
links to pertinent sections of the
Federal and California Codes, relevant
Cases, other helpful sites,
and musings on theories of liability.
We also support a
listserver where questions
and ideas can be posted and discussed. But first you must
Join as described Here.
You will find many gaps here, and perhaps even some errors.
Your ideas, suggestions, comments, criticisms, and assistance
are earnestly solicited!
Obviously if you have a specific legal problem, you should consult a
lawyer
knowledgable in the field. These pages are educational. They are not
designed as, and should not be used as a substitute for, expert legal
advice.
We plan to set up a Legal Aid Society for patients
injured by their HMO. If you would like to make a tax-deductible
contribution to the War Chest,
either now or in your will, you will need to know
that our Tax ID number is 23-7406164, and our address is:
HARP
552 12th St.
Santa Monica, CA
90402-2908
Thank you! If you would like a confirmation
letter, please ask us when you send your contribution.
Note: There is another healthcare site with "HARP" in its name,
entirely unrelated to this one. If you were
searching for "Healthcare Accounts-Receivable Processing", you
can find it at
www.quadax.com/harp
Form to construct 'Request for Plan Information'
letter. This is an experiment, based on the CHCR letter.
When you get to the page with the letter, you can use the usual
menu controls to set page format and print it, or use the 'back'
arrow to make changes. Or you could save it and edit it.
Bauman & Rasor Group
Investigators who work for attorneys on nursing home and qui tam cases.
The web site has info on how to inspect a nursing home, resident
rights, etc. from the consumer's perspective...
AB 1751 (Kuehl) to outlaw mandatory arbitration in health insurance & HMO contracts.
KILLED BY THE HMO INDUSTRY! Look for its reincarnation as an initiative in 2002!
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Minimal graphics are used on these pages
to maximize accessibility
to screen readers used by the visually impaired,
as well as to minimize load time for everyone.
Most of this site is continuously under construction.
We welcome all
suggestions and comments, whether substantive or technical.