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PostPosted: 11/20/09 6:24 am • # 1 
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I wonder if Coburn's license AND malpractice insurance are current ~ he is nothing more than a newer version of Bill Frist ~ Sooz


By Igor Volsky at 11:42 am

A Doctor Should Know Better: Coburn Says 'Botox Tax' Would Apply To Reconstructive Breast Surgery

Cosmetic surgeons and some conservative lawmakers are mischaracterizing that the new 5% "botox tax" on cosmetic surgeries and procedures in the merged Senate health reform bill. The tax, which would raise an estimated $5 billion over the next decade to help fund health reform, is narrowly tailored towards voluntary cosmetic procedures. But some critics, like long-time contrarian Sen. Tom Coburn (R-OK), are suggesting that the reform bill would also tax more serious operations, like breast reconstruction surgery following cancer:

Quote:

Just yesterday - the day before yesterday, U.S. preventive task forces, services, recommended because it's not cost effective that women under 50 not get mammograms unless they have risk factors. Well, you tell that to the thousands of women who were diagnosed with breast cancer lat last - last year under 50 with a mammogram. You tell them it's not cost effective. Also in this bill is a 5% tax on the breast reconstruction surgery after they had a mastectomy. They're going to tax having your breast rebuilt after your breast is taken off because it is elective plastic surgery. It is elective cosmetic surgery. We're going to have a tax on it because we've taxed elective cosmetic surgery. We're in trouble as a nation because we've taken our eye off the ball.

Coburn may be one of only two doctors serving in the Senate, but he's no more knowledgeable about what constitutes 'elective cosmetic surgery' under reform legislation, than the average layman. Section 9017 of the merged Senate bill relies on the IRS definition of 'cosmetic surgery,' which defines the procedure as "any procedure which is directed at improving the patient's appearance and does not meaningfully promote the proper function of the body or prevent or treat illness or disease."

The Senate bill doesn't tax all cosmetic operations. Surgeries to "ameliorate a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or disfiguring disease" are excluded from taxation.

Under that standard, surgery performed to reconstruct a woman's breast after cancer - a disfiguring disease - would not be taxed:

Image

The tax is intended to discourage consumers from undergoing unnecessary surgeries or procedures. As much as one-third of nation's health care expenditures are spent on procedures that don't improve health outcomes. Capturing some of that spending and re-investing it into health care reform would help to slow the growing rate of health care spending, finance reform, and ultimately reduce costs for everyone. In short, the tax would help fill the wrinkles in America's broken health care system.

http://wonkroom.thinkprogress.org/2009/ ... rgery-tax/



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PostPosted: 11/20/09 6:51 am • # 2 
Actually, from reading that, I agree with Coburn. I don't think that definition adequately excludes breast reconstruction after a radical mastectomy from the tax. It's not a congenital abnormality, it's not an accident or trauma, and it's not a disfiguring disease. It's the surgical removal of breast tissue that is disfiguring. These are important issues to bring up when proposing legislation, to make sure it really is worded in a way that only has the effect desired and doesn't unintentionally harm other groups of people. Though, I would also argue that a tax on specific medical procedures is by itself wrong, and I doubt it would have the intended effect of preventing these surgeries or procedures. Whose place is it to determine what is necessary? What about the person who loses a large amount of weight after deciding to finally do something about their morbid obesity, and ends up with big pouches of loose skin that will never return to a normal size or shape? Removal of that, according to the defintion above, would be an elective cosmetic procedure and subject to a tax.

I find it highly amusing, and sadly ironic that think progress would challenge the opinion of an actual MD on language pertaining to medical procedures, and mock his credentials in spite of the critics themselves not actually possessing any medical credentials to fully be aware of the range of conditions and patients seen by cosmetic surgeons and the type of issues they face. To me, it seems like a very judgemental law and another excuse to deny health benefits and coverage to people who need them. If physicians are performing "unnecessary" medical procedures, then their state medical board should be investigating them; it's not Congress' place to make that call.


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PostPosted: 11/20/09 7:39 am • # 3 
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Calluna, your "morbid obesity" example is an excellent and important one ~ and the same argument that applies to breast reconstruction would easily apply to that surgery ~ from a legal [vs medical] standpoint, the language is adequate ~ there will NEVER be air-tight language in ANY bill because of differing interpretations ~ probably at least equally, and maybe more, importantly than the bill language are the guidelines ~ right now, there are a gazillion [okay, "gazillion" might be an exaggeration] appeals and lawsuits involving rejected claims and costs ~ that is an industry unto itself ~

Sooz


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PostPosted: 11/20/09 8:21 am • # 4 
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I tend to agree with Calluna. It's really not clear that breast reconstruction would be covered. The disfugurement is not the result of the disease but rather the result of the surgery. Further, healthwise, the woman can get along without the breast which could lead to the interpretation of it being voluntary cosmetic surgery. However, it is an easy fix in the legislation.


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PostPosted: 11/21/09 5:17 am • # 5 
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Typical scare tactics.

He didn't say " I think we need to clairfy this language, so reconstructive surgery after a mastectomy would not be subject to the tax".


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PostPosted: 11/21/09 5:25 am • # 6 
A better choice would be to eliminate taxation of cosmetic surgery from the bill. There's no need to clarify a bad proposal if you simply eliminate it.


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PostPosted: 11/21/09 5:32 am • # 7 
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Yeah, I mean we can always jack the cigarette tax up another 1000%. Leave the strippers who need double-D's alone, poor things.


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PostPosted: 11/21/09 5:49 am • # 8 
Maybe the government should simply reduce its need to find new sources of tax revenue by limiting its scope and living within its means.

And if we;re going to head in the direction of government-provided health insurance, perhaps smokers should be paying more in taxes since treatments of the various ills they contract as a result of their smoking is extremely costly. Treatments for emphysema, lung cancer and the other diseases they bring upon themselves are costly, so they should be paying a far greater portion of the healthcare tax bill in the country.


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PostPosted: 11/21/09 6:04 am • # 9 
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Let's not pretend smokers don't already pay PLENTY in "sin taxes", gop, as well as more for life insurance. Need healthcare for kids? Tax smokers. Need revenue to fill gaps in your state budget? Tax smokers.

Smokers have become the target-du-jour anytime a gov't entity needs cash for something OTHER THAN the costs of healthcare for smokers. (And by the way, where did all the tobacco settlement money go?) Oh, sure, supposedly the gov't wants smokers to quit, ( wink wink) but if they all did, the budget crisis would be worse than it is now.

I say let's tax alcohol at the same rate we tax cigarettes. Image






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PostPosted: 11/21/09 6:09 am • # 10 
Chaos, you might be surprised, but I agree with you on the issue of the tax hikes on cigarettes. Government bodies see smokers as a cash cow. The problem is that Washington is now looking for other cash cows, like cosmetic surgeons and their patients. It never stops when people decide those other cash cows should be hit just as hard as others have been hit. That's just another example of government making two wrongs a right. The peoper path to take is correct the injustices rather than just creating more injustice to spread it out.


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PostPosted: 11/21/09 6:25 am • # 11 
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But the bills still have to be paid while we correct those injustices. We're already in a hole. It's going to take a combination of tax increases and spending cuts to get back to breaking even.

Meanwhile, spread the pain.









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