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HHS Secretary gently weaves in tort reform as part of healthcare reform

(NEWS) The tort litigation process of this land is close to potentially being overhauled. And you may not have even noticed.

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Happenings on The Hill

Seven far-reaching bills, supported by the Republicans and vehemently opposed by consumer groups, are now making its way through Congress.

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Colloquially known as “tort reform,” with Mr. Trump in the White House, the prospects of enacting business-friendly litigation looks promising.

But we are short on details.

Tort reform

In his joint address to Congress, President Trump specifically mentioned his support for measures to “implement legal reforms that protect patients and doctors from unnecessary costs that drive up the price of insurance.”

This was a direct reference to the Protecting Access to Care Act (H.R. 1215), which caps medical malpractice awards, non-economic damages at $250,000.

In theory, the supports of reform argue that by making liability laws less complex, and cutting out frivolous lawsuits, medical costs shall come down.

Gears in motion

Last month, the Senate confirmed Rep. Thomas Price (R-GA) to head the Department of Health and Human Services.

A staunch opponent of Obamacare, Mr. Price, a former orthopedic surgeon, is expected to implement the President’s reform plan.

In a March 2nd speech accompanying Vice President Mike Pence, Secretary Price called tort reform “defensive medicine” which went wholly unnoticed.

Rockin’ the boat

Critics immediately pointed out two contractions. First, they contend, that there is simply no evidence that liability restrictions lower insurance costs.

Secondly, President Trump’s support for tort reform directly puts him at odds with many conservatives who object to Congress interfering with tort laws, a traditional domain of individual states.

What are implications beyond healthcare?

Anything for the agenda

Does medical liability reform imply a broader civil justice reform agenda?

Will the President approve tort reform bills when they reach his desk?

Joanne Doroshow at the Center for Justice & Democracy in New York, advised against that interpretation.(https://bol.bna.com/trump-seen-as-supportive-of-business-backed-litigation-bills/). Medical malpractice, she said, has “nothing to do with the other bills that exonerate misconduct by large industries, about which he said nothing.”

He gets a bill, she gets a bill, EVERYONE GETS A BILL

A quick glance at the bills, five of them currently in the House, certainly establish their diversity, and non-medical nature.

The bills propose changes that include: provisions to rewrite class-action practice; support defendants resisting cases in plaintiff-friendly state courts; punish attorneys filing bogus claims; seek limits on settlements by the EPA and DOJ; and impose stringent disclosure requirements on asbestos victims claiming compensation.

The President has been entirely silent on these six bills in Congress right now.

Other than President Trump’s medical liability reform comments, and one oblique reference to asbestos, there has been no other speeches, interviews or comments to gauge the President’s views.

Gettin turnt up for tort

Supporters of tort reform, however, seem to be charged up. They are undeterred by President Trump’s specific mention of “medical” litigation reform.

Sherman Joyce, president of the American Tort Reform Association, told Bloomberg, “we’ll eagerly make the case to the White House and fence-sitters in Congress that, just as meritless litigation makes health care less affordable and accessible, it also undermines economic growth and job creation — two of President Trump’s top priorities.”

However, nothing is certain.

All six bills differ in scope and while they are expected to pass the House, uncertainty in the Senate remains high, where democrats are expected to filibuster some (if not all) of the bills.

Why has President Trump been silent?

A possible explanation is this: because civil litigation puts his administration at odds with its own policy stance.

Corporate America has always been bent on limiting class actions and push arbitration over jury trials.

PresidentTrump is from the business world, and being a subject of many civil lawsuits himself, is perhaps in line with big business’s agenda.

But such a position directly betrays the rights of grassroots America, his biggest supporters. Curtailing ‘trial by jury’ or the right to take a corporation to court will prove unpopular.

Moreover, business-backed litigation would limit the power of states to go after big businesses—another conflict of policy for President Trump, who is a big supporter of strong state powers, as reiterated in the Congress speech.

Huge repercussions

As President Trump likes to often say, this is going to be huge.

What is at stake is the American citizen’s right to take business entities to court (the 7th Amendment) or, alternatively, the freedom from frivolous litigation, depending on where you stand on the issue. Click To TweetMuch remains to be resolved in the coming months. For now, all eyes should be on the House floor.

#Tort

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Barnil is a Staff Writer at The American Genius. With a Master's Degree in International Relations, Barnil is a Research Assistant at UT, Austin. When he hikes, he falls. When he swims, he sinks. When he drives, others honk. But when he writes, people read.

Business News

How to conduct a proper informational interview

(CAREER) Informational interviews comprise a technique in which you ask an employer or current employee to explain the details of their job to you. Try doing this before you transition into your next occupation!

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At some point in your career, you may ask for someone’s time to do an informational interview — a process in which a job-seeker asks questions about a field, company, or position in hopes of receiving information which will inform both their decision to go into the field and their responses to the specific job’s actual interview. Since the power dynamic in an informational interview can be confusing, here are a few tips on how to conduct one. Not how to obtain one, but how to conduct one once both parties agree to connect.

The process of an informational interview typically starts with finding a person who works in your desired field (and/or location if you have a specific company in mind) and setting up a time during which you can ask them a few questions about things like their job responsibilities, salary, prerequisites, and so on. Once you’ve set up a time to meet in person (or via Skype or phone), you can proceed with putting together a list of questions.

Naturally, you should understand the circumstances under which asking for an informational interview is appropriate before requesting one. Your goal in an informational review should be to ask questions and listen to the answers, NOT pitch yourself as a potential hire. Ever. Nobody appreciates having their time wasted, and playing on your contact’s generosity as a way into their company is a sure way for your name to end up on their blacklist.

Once you’ve set up an informational interview, you should start the conversation by asking your contact what their typical day is like. This is doubly effective: your contact will most likely welcome the opportunity to discuss their daily goings-on, and you’ll be privy to an inside glance at their perspective on things like job responsibilities, daily activities, and other positive aspects of their position.

They’ll also probably detail some drawbacks to the position — things which usually aren’t explained in job postings — so you’ll have the opportunity to make a well-informed decision vis-à-vis the rigors of the job before diving head-first into the hiring process.

After your contact finishes walking you through their day, you can begin asking specific questions. However, unless they’ve been unusually brief in their description of their duties, your best course of action is probably to ask them follow-up questions about things they’ve already mentioned rather than asking targeted questions you wrote without context. This will both indicate that you were listening and allow them to expand upon information they’ve already explained, ensuring you’ll receive well-rounded responses.

You should save the most specific questions (e.g., the most easily answered ones) for the end of the interview. For example, if you want to know what a typical salary for someone in your contact’s position is or you’re wondering about vacation time, ask after you’ve wrapped up the bulk of the interview. This will prevent you from wasting the initial moments of the interview with technical content, and it may also keep the contact from assuming a strictly material motive on your part. And be willing to ask “what does someone with your job title typically earn in [city]?” instead of their specific take-home salary which might not be reflective of the norm (plus, it’s rude, and akin to asking someone their weight).

This is also a good time to ask for general advice regarding breaking into the field, though you may want to avoid this step if you feel like your contact isn’t comfortable discussing such a topic or if you’re intending to apply as someone with experience.

Of course, you won’t always be able to meet with your preferred contact directly, especially if they work in a dynamic field (e.g., emergency services) or have a security clearance which negates their ability to answer the bulk of your questions. If this happens, you have a couple of back-up options:

1. Send an email with a list of questions to the contact, or send them your phone number with a wide-open calling schedule. This is useful if your contact has a random or on-call schedule.

2. Ask your contact if there is someone else you could connect with (it could even be their assistant).

3. Speak to the company’s HR branch to see if you can request a company-specific job requirement print-out or link. These will usually be more particular than the industry requirements. But don’t ask for something you can find yourself on the company’s Careers page online.

Nothing beats an in-person interview over a cup of coffee, but — again — wasting someone’s time isn’t a good way to receive useful information about the position in which you’re interested.

Before transitioning to your next position or career field, consider conducting an informational interview. You’ll be amazed at the amount of insider information you can glean from simply listening to someone discuss their day in detail.

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The sad truths you missed about the US Women’s Soccer Team lawsuit

(NEWS) The US Women’s Soccer team dominated headlines by suing for equal pay, but there was so much more to the lawsuit that could have a ripple effect in the business world.

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Recently, on International Women’s Day, the United States Women’s Soccer Team (USWNT) filed a lawsuit against the US Soccer Federation. The timing of the suit is not only a sign of the team continuing their decades long fight against the organization (only three months before they are set to defend their World Cup title in France), but a recognition of the symbol that they have become in the larger battle that women and other minorities are waging in order to be given the same resources as the men leading in their fields.

It should go without saying that the women’s soccer team is unparalleled in its athletic success: over the past twenty years they have won three World Cup titles and four Olympic gold medals. These players, as ESPN acknowledges, are among the most accomplished and best known women athletes in the world.

Their counterpart, the Men’s National Soccer Team, leaves much to be desired (they failed to qualify for last year’s World Cup, for example) yet they consistently receive much more support from the US Soccer Federation.

Although the pay disparity between the USWNT and the male soccer team is certainly stark, the “gains” that the women athletes are fighting for go beyond monetary compensation.

According to Mashable, “This [suit] includes how women frequently play on a dangerous artificial surfaces when the men do not, fly commercial when the men travel by more convenient, comfortable charter flights, and the alleged allocation of fewer resources to promote women’s games compared to men’s.”

As if being the best players in your sport in the world and having to share hotel rooms after getting torn apart by the seams astroturf and receiving less-than-world-class medical care wouldn’t be infuriating enough, it’s truly this final point that highlights the glaring mistreatment of the USWNT.

Without support from the US Soccer Federation, not only in the form of payment but in promotion of their games and general good-will toward their players, the USWNT will not be able to grow their following so that they can establish a consistent revenue near what the men’s team attracts. This “lack” of revenue continues to create the chicken/egg excuse that the Federation has for not propping up the USWNT like they deserve.

It’s simply the opposite of “sportsmanship” for the US Soccer Federation to use these players’ love of playing the game (that, again, they are the best in the world at) and their country as a way to gaslight them into playing for less.

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Think about automating tasks instead of replacing workers

(BUSINESS) Automation is great, unless you obsess over it and try to cut down on payroll – there’s a smarter approach that successful businesses take.

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The concept of automating your workflow is a tempting one — especially as payroll continues to be one of the evergreen highest costs of business. However, in contemplating how to streamline your workflow, you may do better to step back from the idea of “replacing workers” and instead think about you can optimize your existing employees by strategically tweaking their workflow.

As Ravin Jesuthasan and John Boudreau write in The Harvard Business Review, if the goal of automating is to ensure that your company is operating at its most cost effective and efficient levels, then chances are you’d still need knowledgeable employees to help you scale and capitalize.

Where automation can truly help your business is by transforming the ability of your organization to focus on the tasks that truly require a human touch or deep knowledge. For example, automation will not help your employees perform complex, interactive, or creative work like collaborating with clients to come up with solutions or designs.

However, it can help the process of brainstorming or co-designing these solutions easier by replacing some of the mechanical tasks that aid this high-level workflow.

For example, it may be helpful to automate basic research tasks for your designers. If your designers must create a client profile to help them launch their projects — basic information must surely exist at some other point in the process before this point. Maybe your firm has an intake form or contracts where a basic description of the goal of the contracted service has been created. By automating the sharing of that data between departments, perhaps in a content management system, you’d be able to free up time that the designers might spend on basic data collection so that they could instead use it for their more complex, empathetic work.

Jesuthasan and Boudreau offer up other advice for thinking about which specific tasks within your company’s workflow are the best candidates for automation.

Is a task simple? Routine? Does it require collaboration?

These kinds of inquiry are not only useful when thinking about your organizational processes, but they are good refreshers for thinking about the individual value and skills that your organization and its workers offer clients.

So instead of looking at how to cut down on payroll, consider automation as an option to improve the value you’re getting from your team, and freeing them from mind-numbing tasks that have nothing to do with their expertise. Win-win!

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