Tort Reform Even In The Social Security Act Section 1862 (b)
The following is HCFA’s (Health Care Financing Administration) national policy with respect to recovery by Medicare wherein asbestosis or asbestos-related disease is the basis of a suit.
Specifically, Medicare will not seek recovery for an asbestos-related liability settlement, award, or judgment UNLESS the case file documentation clearly establishes that the Medicare beneficiary or beneficiaries WERE EXPOSED to asbestos ON or AFTER DECEMBER 5, 1980, the effective date of the Medicare Secondary Payer Liability Provision. (Note: HCFA anticipates that the percentage of new cases meeting the DECEMBER 5, 1980, criterion will be minuscule).
(What does this mean? If you claim exposure after December 5, 1980, then you have to pay Medicare back).
It is very curious to me that HCFA would state that last note, because ASBESTOS HAS NOT BEEN BANNED IN AMERICA. Hence, tons of asbestos are still coming into the UNITED STATES every year and someone is getting exposed…asbestos exposure causes asbestosis, cancer, and mesothelioma.
Support Senator Patty Murray’s bill, S.742, The Ban Asbestos in America Act of 2007.
On June 12, 2007, the U.S. Senate Committee on Environment and Public Works (EPW) heard testimony about the health effects of asbestos. Senator Barbara Boxer, the panel’s chairwoman, confirmed that in 2005, 2,530 metric tons of asbestos and 90,000 metric tons of asbestos-containing cement products, gaskets, brakes and clutch parts were imported into the U.S.
Furthermore, she added: “Worldwide production of asbestos actually increased in 2005, from 2.36 million metric tons in 2004 to 2.4 million metric tons in 2005.”
Senator Boxer concluded that in the face of the “terrible price” paid by ordinary Americans for the use of this toxic substance and in light of the availability of safer non-asbestos alternatives, the use of asbestos in the U.S. should be discontinued. Senator Murray described the six year fight to get her bill enacted and asked: “How many more Americans have to die before our government finally does the right thing and bans asbestos?” Senator Murray summed up the facts as follows:
* asbestos is deadly, (IT CAUSES ASBESTOSIS, ASBESTOS-RELATED CANCER(S), AND/OR MESOTHELIOMA,
- it’s devastating families and communities,
- and every day that we wait to ban it, we’re sentencing more Americans to an early and avoidable death.
- WAKE UP, WAKE UP AMERICA!!!!
January 3rd, 2008 at 6:36 pm
Eric…
The most comprehensive info I have found on this subject on the net. Will be back soon to follow up….
April 6th, 2008 at 6:47 pm
You’ll never find a good lawyer by simply looking in the phone book and reading an advertisement. You’ll need to spend some time reasearching and talking with friends, family and associates….