Daily Archives: March 25, 2007

Open thread

March 25, 20071:05 a.m.

By Phillip Brownlee | Filed under Open thread | Comments (38)

Doctor exemption unhealthy for consumers?

March 25, 20071:03 a.m.

The Kansas Legislature needs to put the brakes on a bill that exempts health care professionals from the Kansas Consumer Protection Act.
What’s been overlooked about the bill, which already passed the House, is that it would exempt not just doctors but all kinds of health care practitioners from charges under the Kansas consumer law — including hearing aid specialists, chiropractors, assisted living nurses, pharmacists, health spa personnel, weight-loss clinics and alternative healers of all sorts.
Consumers have some protection under medical malpractice law, but only in cases of professional negligence, not intentionally deceptive and injurious practices.
For instance, the exemption would give consumers no recourse against a laser eye surgeon who, say, sells a consumer on the latest technique but then performs an entirely different one.
The bill is being opposed by Kansas Attorney General Paul Morrison, Sedgwick County District Attorney Nola Foulston, and Kansas AARP, among others.
“This bill would prevent my office from investigating the most deceptive and unconscionable acts committed by anyone in the health care industry,” said Morrison.
That should give lawmakers pause. Many of them, upon learning that this exemption covers far more than doctors, are rightly having second thoughts.
True, under the bill, health care practitioners could still be charged for deceptive billing and advertising — but what if the promise of treatment is a statement, not an ad?
Moreover, the exemption sets a bad precedent — no doubt other industries, from home builders to accounting, will be lining up for exemptions if this passes.
Lawmakers should give this bill a closer look and first do no harm to Kansas consumers.
Posted by Randy Scholfield

By Phillip Brownlee | Filed under Kansas government | Comments (19)

DUI bill: What about jail space?

March 25, 20071:01 a.m.

It always popular politically to boost jail time for drunk drivers.
But a Kansas House bill that would double sentences for some DUI offenders overlooks a critical component: Jail space.
County sheriffs lobbied hard against the bill, complaining that it would impose a costly burden on their already overflowing jails.
Why didn’t lawmakers listen to their valid concerns?
Sen. Phil Journey, R-Haysville, who sponsored the original bill, told The Eagle editorial board Friday that the House version veered in a different direction. He called it “harsh” and expressed concern that the sentencing spikes would probably require “500 to 1,000 beds just in Sedgwick County alone.”
“It’s all stick and no carrot,” he said, adding that he’d like to see a more balanced bill that includes emphasis on treatment programs and other alternatives that would reduce the number of people driving drunk.
The Senate shouldn’t let this bill pass in its present form.
Posted by Randy Scholfield

By Phillip Brownlee | Filed under Kansas government | Comments (27)

Quote of the week: Gore on warming

March 25, 20071:00 a.m.

Former Vice President Al Gore in congressional testimony this week took on the warming skeptics:
“The planet has a fever. If your baby has a fever, you go to the doctor. If the doctor says you need to intervene here, you don’t say, ‘Well, I read a science fiction novel that told me it’s not a problem.’ If the crib’s on fire, you don’t speculate that the baby is flame retardant. You take action.”
posted by Randy Scholfield

By Phillip Brownlee | Filed under Environment | Comments (187)