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[quote]
Good, last few times i have been to the physio you could tell they were just trying to get me back repeatedly to fund their practice.

There should be a surcharge of some sort but i think perhaps a few visits per person free per some sort of period.

Just FYI

http://en.wikipedia.org/wiki/Universal_health_care#Singapore

http://en.wikipedia.org/wiki/Universal_health_care#New_Zealand

http://worldfocus.org/blog/2009/01/27/singapores-health-system-saves-money-and-lives/3786/
[quote]
Clicking through your links bob - Singapore take up to 8.5% of your pay for your medical insurance.
From the Herald article, we pay 2% to ACC rising on their calculation to 5.5%.
So Singapore seem to take a much much higher percentage of pay out of the individual for health care. Yet we're complaining about going over our 2%?


The model seems attractive - compulsory savings for medical bills, a state-endowed fund to pay medical costs for the poor, means-tested subsidisation to ensure the wealthy don't use subsidies, and supply-side limits.
But they have a MUCH wealthier and younger population so it would a) cost more here given our ageing population, and b) we don't have the income (private or state) to support it.
And the riot we would get if the Government took a compulsory 40% of your income to put into retirement and medical accounts would be a bit of a downside Laughing
[quote]
cleaning things up for privatisation...

I am sure there are plenty of areas ACC can be made better but I have no faith that is the intent of our govt
[quote]
Plus there's these sort of quotes from locals:
quote:
As someone who has lived in both the US and Singapore, I must say the reporters did not do a good job of reporting the true situation in both countries. For basic medical treatment, a Singaporean goes to a polyclinic. There, you can wait for hours to see a doctor who rushes through your case because of the patient backload. In the US, such occurs only for the very poor. If you have medical insurance, the wait in the US is long, but not comparable to the wait in Singapore.

Our hospital wards are divided into different categories, where the poor can stay in a place with 8 beds in a room, all separated by thin screens. When we were warded in an American hospital, we had a private room, even though our income at the time was much less than in Singapore.

There are arcane rules governing how you can use the government sponsored insurance. A relative of mine could claim nothing for a prostate cancer operation because he was discharged from hospital after a short-period of time (two days)- even though the bill ran to tens of thousands of dollars. In the US, our child was fully covered for everything including special immunizations, because the state of Atlanta had a law mandating insurance companies provide comprehensive coverage for children.

Our local insurance is in no way as comprehensive as in the US. Insurers here only cover the “36 major illnesses.” If you have some other illness, it’s not claimable.

The poster who described the different treatment between rich and poor was right. I would invite the reporters to (for example) visit the Kallang Kerbau Hospital (KKH), where the divide is very stark. This GOVERNMENT RUN HOSPITAL has two gynecological waiting areas. One for the poor, which is crowded, and where waiting times are long, and one for the rich which is comfortably decorated, with short queues, and many more nurses.


quote:
Singapore only take care of the rich. The compulsory saving mention is this article fail to comment that most singaporean could not afford the medical care in the island and the buzz here among locals is that it is cheaper to died in singapore than to fall sick!


That sort of approach wouldn't be welcome in NZ.


And bob_d - the blatant march to that point is quite awful. Putting aside whether or not you think privatised or centralised accident insurance is a good thing, the drip feed of stories and spin to do it, rather than just upfront "this is the argument for" is the worst form of Government
[quote]
Im not a fan of privatisation for ACC though when it happened in the past i got *much* better service than at the same time with ACC.

I cant help but think that labour has purposely given national a few hospital passes (hur).

Garethw: yeah it was for comparison, it would be almost impossible to implement now. I do like the idea of compulsory retirment/medical savings as it provides cover but makes people more responsible with their health and medical spending as it is their money and they get whatever they have left as part of their retirement or estate.

People, and NZers in particular dont seem to get the whole govt money = your money thing.
[quote]
bob daktari said:
cleaning things up for privatisation...

I am sure there are plenty of areas ACC can be made better but I have no faith that is the intent of our govt


Yeah. To read that physio costs were budgeted to be $58 million in 2004 to $139 million this fiscal year shows the sort of creeping waste that happens and is very hard to keen in check in healthcare.

Physios themselves are a big part of the problem. As soon as their work was fully funded the cost of going to them skyrocketed - as it always does when they know the price isn't an issue for the customer. The physio I used to see from time to time went up in price about 50% within 2 years which is a total joke. I stopped going yet my 'need' was just as relevant as I'm sure many of those people but I just couldn't be arsed filling in all the forms which the physio was practically forcing in my lap (and almost offering to fill in for me).

To blame National for wanting to be realistic about what can be afforded when the culture has been one of letting costs run amok in recent years is pretty cunty. If we even compared the realistic population-based need, factoring in inflation and scaling that number up from its position five years ago then the dollar value you reach in many healthcare services is 25-50% lower than what it is now.

Reading that the 'over budget' cost of physio alone in NZ is more than enough to give every single primary school teacher a well-deserved payrise (which they're made to beg for year on year) makes me feel ill. Imagine how valued teachers feel?

Since there is no evidence the extra cost has (proportionately) improved rehabilitation rates this is another demonstration of the mismanagement by basic inattention of these sort of things under Labour.

I'd hate to see compulsory private healthcare, or even a big move to it but, at some point, not everyone can have access to everything that those who are wealthy can as is almost expected by a growing ground of NZers. More than a few don't seem to realise this.
[quote]
RobW said:
To blame National for wanting to be realistic about what can be afforded when the culture has been one of letting costs run amok in recent years is pretty cunty.


I don't think anyone is blaming national for any budget over runs or ineffiencies in the current scheme - we just don't trust them NOT to privatise ACC

Every single part of our state services could be run better, this will always be the case.

With ACC I would prefer a review and perhaps a re-focusing on key services than the dismatling of the system for private gain

kiwis could also toughen up a bit...
[quote]
I needed physio last year, if I had to pay for it I would be pretty reluctant to go, or only go for a few sessions. I was pretty happy I got it all for free and I fully recovered because of it. Without access to physio services, we will end up with more people in hospitals with worse injuries or less productivity due to people off work.

I don't know how much it would of cost if I wasn't covered, but I am sure that since it was covered by ACC they would jack up their prices as mentioned above.

Maybe a set price subsidy for physio would be a good solution, say $45 per session (or what ever it would be).. so those wanting to pay a few extra dollars for a more upmarket clinic can do so, and those offering a service fully covered by ACC will probably get a larger slice of the physio business.
[quote]
bob daktari said:
I don't think anyone is blaming national for any budget over runs or ineffiencies in the current scheme - we just don't trust them NOT to privatise ACC

Every single part of our state services could be run better, this will always be the case.


Sorry, I might not have been clear - I meant people seem to cry foul whenever cuts are made (not that there have been overruns) even if they come from a completely realistic reassessment of a department/system. Those people are often the ones who benefited greatly from the costs creeping up and up. Tomorrow the physiotherapist association of NZ or whatever it's called will be all up in arms defending their role in life which, apparently, is of more value than our primary school teachers.

You're right about every single state service being run better. Sure people are worried the Nats might privatise some services - but the other end of the sale where we were heading is just as bad - inefficiency without intrinsic responsibility.
[quote]
kroniq said:
Without access to physio services, we will end up with more people in hospitals with worse injuries or less productivity due to people off work.


Maybe a better 'need' scale is required which can't be fudged easily. The more need, the higher the subsidy. I know people who are at state-funded physio almost year round from niggly little sporting injuries they pick all the time. Nothing major or that would keep them from work - but since the physio is free they just make it a routine. That is the sort of stuff which creeps in when you allow free-for-alls.
[quote]
The article seems to suggest it is the more affluent areas that make the most use of the services.

I dont think anyone is suggesting that its going to go to full user pays but the combination of physios being able to authorise their own work and a full subsidy is meaning its a black hole.

Id be happy with doctors having to authorise ongoing (say more than 7 visits) and a surcharge for anyone other than community services card holders.
[quote]
I think they need to restructure the whole accident compensation/insurance industry.

here's my suggestion:

- bring back the right to sue as an option in every case

- allow people to choose insurance from a range of different providers (private and/or public) if they so wish

- have an accident compensation system (like legal aid) for the genuinely poor who do not have the means to obtain insurance/engage in legal proceedings. applications could be dealt with on a case-by-case basis.
[quote]
are you suggesting we dont have enough lawyers already?

Razz
[quote]
bob said:
are you suggesting we dont have enough lawyers already?

Razz



well it would mean more lawyers in business, therefore good for the economy Razz

bring those personal injury lawsuits ON! Very Happy
[quote]
No it would move us even further towards a lack of self responsibility society.

My mum was in Florida recently and a guy where she was staying went for a walk. During this walk he walked into the tow arm of a trailer that was slightly encroaching the foot path. He was demanding a nights free accommodation for the bruise on his shin or he would sue.

meh, open your eyes and harden the fuck up.

Personal injury claims will benefit insurance companies and lawyers and to be honest id prefer the physios were ripping off the system rather than the lawyers. Company tax from insurance companies and income tax from lawyers doesn't make up for the fact it is non productive spending.
[quote]
bob said:
No it would move us even further towards a lack of self responsibility society.

My mum was in Florida recently and a guy where she was staying went for a walk. During this walk he walked into the tow arm of a trailer that was slightly encroaching the foot path. He was demanding a nights free accommodation for the bruise on his shin or he would sue.

meh, open your eyes and harden the fuck up.

Personal injury claims will benefit insurance companies and lawyers and to be honest id prefer the physios were ripping off the system rather than the lawyers. Company tax from insurance companies and income tax from lawyers doesn't make up for the fact it is non productive spending.



I disagree - the current system does not encourage responsibility at all

it also pushes cost on to those who are not involved in accidents

the person who suffers an accident is frequently at fault (through carelessness) or another party is at fault (through negligence)

under the present system, neither party has to take direct responsibility for their actions

instead the costs fall on innocent people - as a self-employed person I have to pay horrendous ACC levies, and yet I don't employ anyone, nor am I likely to suffer an accident as a result of my own work (maybe a paper-cut or two)

look at all the people who irresponsibly play sport on a saturday without say doing proper warm-ups and as a consequence get injured - they have an automatic entitlement to state-funded ACC - it's ridiculous

it's very easy to point out the worst excesses of the Australian and American system

but ours is more ludicrous and overall, unfair
[quote]
I also object to the ACC system as a question of principle

for cars, houses and other property, individuals can elect to insure, or take the risk, an din the case of damage to said property, bring a claim in the Disputes Tribunal or civil courts for damages

our courts are not flooded with such claims because people either have insurance, or they can not afford to pay a lawyer, or they do a cost/benefit analysis and decided it's simply not worth it to bring a claim. they simply get on with life.

I see no reason in principle why personal injury should be treated any differently to other forms of damage/loss
[quote]
wasn't ACC set up so that we didn't end up with the sue sue sue culture...

Sure it has fundamental faults in the lack of responsiblity taken by some etc etc etc... but its considered good for the very reason you're bagging it JH - it doesn't discriminate
[quote]
As probably the biggest user of ACC here, all I can say is: the system is perfect. I've been to physios many, many times. Sign some forms, get the claim done, used to be part subsidised, now it's fully subsidised. Awesome.

As good as Auckland lab testing USED to be. No delays, no problems.
[quote]
bob daktari said:
wasn't ACC set up so that we didn't end up with the sue sue sue culture...

Sure it has fundamental faults in the lack of responsiblity taken by some etc etc etc... but its considered good for the very reason you're bagging it JH - it doesn't discriminate


of course the idealistic, socialist, utopian vision of it is marvellous, lovely

but it's coming with a bigger and bigger price tag, which the government says is not sustainable without huge increases in levies

people may not think it's so great when the cost of registering their cars becomes prohibitive and their PAYE zooms up and cuts nastily into their take home pay
[quote]
vadinho said:
As probably the biggest user of ACC here, all I can say is: the system is perfect. I've been to physios many, many times. Sign some forms, get the claim done, used to be part subsidised, now it's fully subsidised. Awesome.

As good as Auckland lab testing USED to be. No delays, no problems.


you're exactly the sort of person I'm talking about!!

why should I have to pay for your treatment?
[quote]
justhanging said:
vadinho said:
As probably the biggest user of ACC here, all I can say is: the system is perfect. I've been to physios many, many times. Sign some forms, get the claim done, used to be part subsidised, now it's fully subsidised. Awesome.

As good as Auckland lab testing USED to be. No delays, no problems.


you're exactly the sort of person I'm talking about!!

why should I have to pay for your treatment?


Have you become libertarian overnight or something...
[quote]
I used ACC before the full subsidisation and after. I had a shoulder injury from indoor netball, which was not properly treated because the part subsidy wasn't enough for the physio to care and the charge was to high, so I only went to about three sessions. I still get bad shoulder pain and constant cramping of my left shoulder.


After subsidisation, I suffered two injuries from touch rugby and running respectively. A torn calf and a micro-tear of the achilles on the same leg about two years apart. Both got full and excellent treatment, and I made a full recovery.
[quote]
justhanging said:
I also object to the ACC system as a question of principle

for cars, houses and other property, individuals can elect to insure, or take the risk, an din the case of damage to said property, bring a claim in the Disputes Tribunal or civil courts for damages

our courts are not flooded with such claims because people either have insurance, or they can not afford to pay a lawyer, or they do a cost/benefit analysis and decided it's simply not worth it to bring a claim. they simply get on with life.

I see no reason in principle why personal injury should be treated any differently to other forms of damage/loss


err because it is very easy to value a car or house (or the damage to one) but a lot less certain on measuring and fixing a human. What cost for emotional harm and how do you independently value it?

Its a concern that you dont see a difference, are you not aware of the retards in the states who abuse the system to get their cash... i mean, day in court?

I was in seattle and san fran recently and it was unbelievable what lengths they go to so prevent culpability (not injury just culpability). Every time we got on and off the bus they warned us to look at the steps, use the handrail and take care as we got on and off... you just know that the one time they dont point out the obvious theyre going to get pinged as someone takes the opportunity for easy street.

You should not be able to profit from an injury except in the most extreme cases.
[quote]
justhanging said:

why should I have to pay for your treatment?


Wow, that's pretty mean spirited!

If i have to pay for ACC the next time i strain a muscle in the gym, i'd like to see sedentary people who eat takeaways and sit around on couches have to pay an additional tax for the strain they put on the health system!
[quote]
bob said:
justhanging said:
I also object to the ACC system as a question of principle

for cars, houses and other property, individuals can elect to insure, or take the risk, an din the case of damage to said property, bring a claim in the Disputes Tribunal or civil courts for damages

our courts are not flooded with such claims because people either have insurance, or they can not afford to pay a lawyer, or they do a cost/benefit analysis and decided it's simply not worth it to bring a claim. they simply get on with life.

I see no reason in principle why personal injury should be treated any differently to other forms of damage/loss


err because it is very easy to value a car or house (or the damage to one) but a lot less certain on measuring and fixing a human. What cost for emotional harm and how do you independently value it?

Its a concern that you dont see a difference, are you not aware of the retards in the states who abuse the system to get their cash... i mean, day in court?

I was in seattle and san fran recently and it was unbelievable what lengths they go to so prevent culpability (not injury just culpability). Every time we got on and off the bus they warned us to look at the steps, use the handrail and take care as we got on and off... you just know that the one time they dont point out the obvious theyre going to get pinged as someone takes the opportunity for easy street.

You should not be able to profit from an injury except in the most extreme cases.



exactly, how do you measure it

but the legal system measures such things ALL THE TIME - it has to!

how do you measure a persons reputation? yet we have the law of defamation that awards damages for loss of reputation

we also have LIFE insurance - how do you measure or value that? yet we do through insurance

and the ACC system is equally artificial in that it has to place values on fingers etc

remember the different values placed on different parts of the body for lump sum payments?

then they did away with lump sum payments altogether robbing ACC claimants of meaningful compensation

now brought back I understand, but it's pathetic amount

many other ACC entitlements are paltry and no match for what the person could have obtained at common law

New Zealand is the ONLY country in the world where we have been stripped of our common law rights

you keep focussing on the worst excesses of the American system, but there are many countries such as the UK for instance which still have the right to sue for personal injury, and it has not spiralled out of control

also I would rather have OTT warnings in place, than encounter public hazards which people don't give a shit about fixing Neutral
[quote]
So in australia we don't have anything like ACC.

I know of a women that slipped at a supermarket and broke their leg and were unable to work. Unable to work for a significant amount of time, and as a result had no income for that period. Months on, she was still in legal proceedings with the supermarket for compensation (the whole time without an income) and this was causing major stress to her and her family. It was disrupting her sons school work etc, and the whole time the government did nothing.

This would never happen in NZ. ACC would have sorted her out straight away.

Justhanging, you're just a fucking blood sucking lawyer that would do anything to introduce more waste into the system so that you as a lawyer and your insurance company buddies can get a drink out of the whole system.

ACC is the most effective, efficient system there is. Fucking with it is driven only by ideology not pragmatism.
[quote]
and justhanging, you seem to be under the mistaken impression that the job of an insurance company is to provide payouts for it's customers.

That's the last thing an insurance company wants to do.

The sole function of an insurance company is to provide profits for it's shareholders.
[quote]
neil_armstrong said:
So in australia we don't have anything like ACC.

I know of a women that slipped at a supermarket and broke their leg and were unable to work. Unable to work for a significant amount of time, and as a result had no income for that period. Months on, she was still in legal proceedings with the supermarket for compensation (the whole time without an income) and this was causing major stress to her and her family. It was disrupting her sons school work etc, and the whole time the government did nothing.

This would never happen in NZ. ACC would have sorted her out straight away.

Justhanging, you're just a fucking blood sucking lawyer that would do anything to introduce more waste into the system so that you as a lawyer and your insurance company buddies can get a drink out of the whole system.

ACC is the most effective, efficient system there is. Fucking with it is driven only by ideology not pragmatism.


btw I have no interest in becoming a personal injury lawyer at all, and I hate insurance companies Razz

ACC may be effective and efficient, but it is currently unaffordable

also you see it as a WELFARE system, and the government is clear that it is not

National is clearly going to re-emphasise that it is an INSURANCE scheme, and probably open up the field again to private insurers

all I am saying is that, if we are going to go down that path again, might as well overhaul the entire system - see my three-tiered approach suggested above

which I don't think is that ludicrous/outrageous, but there sure are a lot of knee-jerk reactions in this thread!
[quote]
Opening it up to competitors is the stupidest idea ever. The only logical result will be less coverage.
[quote]
She could have had income replacement insurance neil and it prfobably would have rewarded her more handsomely than ACC and for longer

PLUS

the insurance company could have gone after the supermarket if there was an issue of its negligence saving her a bundle in legal fees

I've read plenty of reports about the limitations of ACC and its tactics to avoid paying out

tweaking the system to make it more efficient as to outcomes is not fucking with it
[quote]
compensated not rewarded rather
[quote]
neil_armstrong said:
Opening it up to competitors is the stupidest idea ever. The only logical result will be less coverage.


exactly

so why not THINK about the whole system from the grass-roots level, all over again, and try to achieve a fairer system, rather than just go down the insurance path again like in the 1990s

from what I recall it was a failure
[quote]
Night Rider said:
She could have had income replacement insurance neil and it prfobably would have rewarded her more handsomely than ACC and for longer

PLUS

the insurance company could have gone after the supermarket if there was an issue of its negligence saving her a bundle in legal fees

I've read plenty of reports about the limitations of ACC and its tactics to avoid paying out

tweaking the system to make it more efficient as to outcomes is not fucking with it



precisely

ACC will try to wriggle out of its obligation to pay like any insurer (that is the culture that has developed/been encouraged)

and National isn't the sort of party that's going to encourage the department back into more of a compensation/welfare culture
[quote]
National is heavily funded by the insurance industry. Prior to the election, the head of one of the large Aussie insurance companies circulated a memo presaging the money making they can do here once they get National elected.


It is a matter of public record.
[quote]
neil_armstrong said:
Fucking with it is driven only by ideology not pragmatism.



I need to take with issue with this statement also

the ACC system was born out of idealism, not pragmatism

from its inception in the early 1970s, the ideal was full, fair accident compensation for all New Zealanders, for all injuries, regardless of fault

the concept of the scheme was lauded internationally

the scheme worked well for about a decade but from the 1980s has run into problems

sooner or later the idealistic vision was going to encounter cold hard reality

i.e. funding issues, ever-increasing costs
[quote]
rugby players (and netballers too Razz )should pay more in premiums
[quote]
neil_armstrong said:
...lawyer that would do anything to introduce more waste into the system so that you as a lawyer and your insurance company buddies can get a drink out of the whole system.

ACC is the most effective, efficient system there is.


I agree. While there is wastes in the system now it is a pretty brilliant one conceptually. They've just gotta tinker with details. The cost could only go ever go up if it were made into one where lawyers/court were involved.
[quote]
RobW said:
neil_armstrong said:
...lawyer that would do anything to introduce more waste into the system so that you as a lawyer and your insurance company buddies can get a drink out of the whole system.

ACC is the most effective, efficient system there is.


I agree. While there is wastes in the system now it is a pretty brilliant one conceptually. They've just gotta tinker with details. The cost could only go ever go up if it were made into one where lawyers/court were involved.



what a load of crap

you obviously haven't dealt with the misery of the ACC system, with all of its failings and inadequacies

ever read the books of ACC appeal decisions? guess what - people have had to pay lawyers to appeal ACC decisions, and to fight ACC to obtain what will only be a pathetic entitlement

so our current system has to involve lawyers anyway, due to the intricacies of the ACC legislation

you guys are living in dreamland and/or speaking from inadequate knowledge
[quote]
OneHappy said:
justhanging said:

why should I have to pay for your treatment?


Wow, that's pretty mean spirited!

If i have to pay for ACC the next time i strain a muscle in the gym, i'd like to see sedentary people who eat takeaways and sit around on couches have to pay an additional tax for the strain they put on the health system!



sounds fair to me

anyway, I'm hardly alone in my views

just one random letter from the Herald today:

"in this age of user-pays, is it not time to make sportspeople take out insurance or pay bigger levies for their use of ACC?"
[quote]
justhanging said:
what a load of crap

you obviously haven't dealt with the misery of the ACC system, with all of its failings and inadequacies

ever read the books of ACC appeal decisions? guess what - people have had to pay lawyers to appeal ACC decisions, and to fight ACC to obtain what will only be a pathetic entitlement

so our current system has to involve lawyers anyway, due to the intricacies of the ACC legislation

you guys are living in dreamland and/or speaking from inadequate knowledge


this man talks sense
[quote]
justhanging said:
RobW said:
I agree. While there is wastes in the system now it is a pretty brilliant one conceptually. They've just gotta tinker with details.

what a load of crap


Conceptually. I didn't say in-practice. They were aiming high for the overall good of New Zealanders. If you think that involving lawyers in more of it would somehow fix anything your vision is clouded by dollar signs in the legal industry's future.

justhanging said:
you obviously haven't dealt with the misery of the ACC system..

ever read the books of ACC appeal decisions?...

so our current system has to involve lawyers anyway, due to the intricacies of the ACC legislation


Every system will have exceptions where legal issues come up and require lawyer's expertise but in ACC's case they are a tiny minority of overall cases.

Situations where lawyers will have opportunities to enter the fray will only end up some finding the sweet spots for making money - which is part of the reason ACC was set up to avoid.

Defending the legal industry's intentions in this sort of industry as not being predominantly money driven is laughable. It got no more credible than arguing negligence claims lawyers in the states in the 80s were doing it out of compassion for their fellow man. They may have worked and done lots of good - but they did it just because there was money in it.
[quote]
justhanging said:
there sure are a lot of knee-jerk reactions in this thread!


Frankly you always think that when people disagree with you.

It's interesting that generally when i'm at the physio most of the patients are old people, not fit young sporting heros. My physio commented, when i was in for a shoulder injury, that she treats a lot of old people who strain a rotator cuff in their shoulder from putting their hand out to break a fall.

I see ACC as an extension of the public health system - which i support.
[quote]
OneHappy said:
justhanging said:
there sure are a lot of knee-jerk reactions in this thread!


Frankly you always think that when people disagree with you.
.



frankly, that is an unfair call

the moment I point out problems with the current system and suggest an alternative system - just a suggestion - I get called a "blood sucking lawyer' etc

those are the knee-jerk reactions I am referring to

we should be able to criticise the present system and pose alternatives, when it's not working

it's the government pointing out the system is broken, not me
[quote]
RobW said:

Defending the legal industry's intentions in this sort of industry as not being predominantly money driven is laughable. It got no more credible than arguing negligence claims lawyers in the states in the 80s were doing it out of compassion for their fellow man. They may have worked and done lots of good - but they did it just because there was money in it.



there are always profit motives because we live in a capitalist world

you could point the finger at almost every industry and say they are in it for the money

I'm sure the corner dairy is in it for the money too, not purely acting out of compassion in providing milk and bread to the community
[quote]
RobW said:


Situations where lawyers will have opportunities to enter the fray will only end up some finding the sweet spots for making money - which is part of the reason ACC was set up to avoid.
t.


do you think the lawyers made millions representing poor families with disabled children, that ACC refused to compensate?

either they got paid modestly or on civil legal aid

get real
[quote]
OneHappy said:


I see ACC as an extension of the public health system - which i support.



you may see it as that

I would like to see it as that

the government says it is NOT that

welfare has not been the philosophy of ACC for the last 20 years or so
[quote]
JH, please point me to a country where privatised medical insurance plus personal injury lawsuits has led to an effective, efficient accident rehabilitation scheme?
[quote]
garethw said:
JH, please point me to a country where privatised medical insurance plus personal injury lawsuits has led to an effective, efficient accident rehabilitation scheme?


well it depends what you mean by "effective and efficient?"

also your use of the term "accident rehabilitation" is confusing, because that's not what most countries are concerned with - the primary concern is compensation for losses

our government is saying that our current ACC system is neither effective nor efficient, because it is bankrupt

and that's without even getting into the other problems with it eg deserving claimants missing out because of technicalities in the statute

yet at the same time they are frequently (not always) statute-barred from pursuing a common law claim

most countries would look at that and say it's unjust
[quote]
Drop the bankrupt line - it's a complete red herring and Smith should never have raised it. ACC has always been "technically insolvent" because it's a Govt backed entity.


I just want an example of where accident rehabilitation is well served by the right to sue model? So we can look at how it works.
Because the right to sue models I've seen, and the state in NZ prior to ACC, was that the process to achieve compensation is involved, difficult and not particularly fair.
[quote]
garethw said:
Drop the bankrupt line - it's a complete red herring and Smith should never have raised it. ACC has always been "technically insolvent" because it's a Govt backed entity.


I just want an example of where accident rehabilitation is well served by the right to sue model? So we can look at how it works.
Because the right to sue models I've seen, and the state in NZ prior to ACC, was that the process to achieve compensation is involved, difficult and not particularly fair.



the process of suing to enforce legal rights is involved, difficult and not especially fair in every area of life

which is why we have insurance - like it or not, we are probably heading back to a stripped-back ACC together with the option of private insurance, anyway

perhaps an option would be to reinstate the right to sue only in certain categories of cases, but not in every case, if people are worried about personal injury litigation ruining things?

there are an awful lot of options
[quote]
The problems I have with right to sue:
- The administrative costs of the system are much higher. Prior to ACC these were estimated to be 40% of the total system, as opposed to 10-15% now
- It explicitly requires an often long-winded approach to determining legal fault before any compensation is paid/rehabilitation is undertaken
- It distorts access to rehabilitation - the wealthy or savvy are much better placed to undertake legal action than the poor or stupid.


Re the return to competition - I still haven't found a well described solution for the cherry picking that will occur by private insurers, leaving ACC (i.e. the taxpayer) with funding high-cost, high-risk people only.
[quote]
Just to doublepost here - the problem we're facing with ACC is the cost of the provision of the services. ACC is proven to have very very low admin costs.
Opening the work account to privitisation does nothing to fix that - in fact it ADDS cost in terms of the profit ROI that insurers would have to extract.

If we want to limit the costs we have to limit the services or the prices of the services. That's nothing to do with the structure of administation of the scheme itself
[quote]
*This topic has been summed up nicely by Garethw's last two posts*
[quote]
garethw said:
The problems I have with right to sue:
- The administrative costs of the system are much higher. Prior to ACC these were estimated to be 40% of the total system, as opposed to 10-15% now
- It explicitly requires an often long-winded approach to determining legal fault before any compensation is paid/rehabilitation is undertaken
- It distorts access to rehabilitation - the wealthy or savvy are much better placed to undertake legal action than the poor or stupid.
y.



I agree with all of the negative aspects you mention but there are also positives such as:

- the basic notion of tort law (justice) that the wrongdoer should pay for the consequences of their unlawful actions

- increased responsibility taken by those responsible for public safety hazards

- the opportunity to obtain real, significant awards of damages commensurate with the level of harm and level of wrongdoing in many cases

etc


whenever a return to the right to sue is mentioned in NZ the immediate knee-jerk reaction is "oh no we will get just like the USA, how ridiculous, noone wants that!"

yet there are plenty of legal reasons why that would be impossible eg

1. NZ does not have the same concept of punitive damages which enables the US courts to award millions of dollars in damages for personal injury - other legal principles differ, also

2. we do not have the civil jury system in NZ

3. awards of damages in NZ courts are notoriously conservative, both in contract and tort


and people would not be forced to sue, tehy could elect to take out insurance if they wish

right now I don't get that choice - I'm forced to take ACC

if ACC ends up a stripped-back, miserly service again, then I lose out
[quote]
garethw said:
Just to doublepost here - the problem we're facing with ACC is the cost of the provision of the services. ACC is proven to have very very low admin costs.
Opening the work account to privitisation does nothing to fix that - in fact it ADDS cost in terms of the profit ROI that insurers would have to extract.

If we want to limit the costs we have to limit the services or the prices of the services. That's nothing to do with the structure of administation of the scheme itself


I agree

because New Zealand's ACC system is totally unique, when inevitable problems arise, we can't look overseas for precedents

we have to muddle through and sort it out ourselves, opening the issue up to all kinds of political/ideological agendas
[quote]
JH

I dislike my money being spent on prisons and rehabilitation programmes; I would rather recidivist offenders were shot. This would undoubtedly reduce the corrections budget. Why should MY taxes go to pay for some P-fiend's meals? I'd rather it paid for his bullet.

However, I accept that this is not a commonly held view.

ACC encourages us to be ACTIVE. Money spent rehabilitating my injuries is money spent on outdoor sporting activity, which we almost all agree is a "good thing." Why should you be angry of that when you have no problem with legal aid (which is also paid by my taxes), which goes to people who do "bad things"?
[quote]
justhanging said:

- the basic notion of tort law (justice) that the wrongdoer should pay for the consequences of their unlawful actions


And they do. The government pays the victim through ACC, and the government then fines the wrongdoer.

A direct victim-offender relationship is no different, qualitatively, between me beating up someone who attacked me as "punishment." The government has to be the interceding third party. And it is.

The biggest review of ACC ever found it to be the best system in the world.
[quote]
vadinho said:
JH

I dislike my money being spent on prisons and rehabilitation programmes; I would rather recidivist offenders were shot. This would undoubtedly reduce the corrections budget. Why should MY taxes go to pay for some P-fiend's meals? I'd rather it paid for his bullet.

However, I accept that this is not a commonly held view.

ACC encourages us to be ACTIVE. Money spent rehabilitating my injuries is money spent on outdoor sporting activity, which we almost all agree is a "good thing." Why should you be angry of that when you have no problem with legal aid (which is also paid by my taxes), which goes to people who do "bad things"?



I have no problem with that, if you change the rationale of ACC from insurance to public welfare - but that's not the current system - and it will become even less so with our new right-wing regime in power, believe me

remember, there are unemployment, sickness, and invalids benefits available already to provide for loss of livelihood in many cases of serious personal injury

I'm not angry really - sorry if I sounded harsh - I sort of used you as a scapegoat/example to highlight a point Razz

If you follow the debate, the reason why I gave sports injuries as an example, was a reaction to bob's assertion that personal injury law defeats a sense of personal responsibility

I countered that by saying, ACC hardly encourages personal responsibility - for example, you could be really careless, and get injured all the time, and keep getting unlimited ACC cover

it could be argued that losses should fall more on who is responsible


btw did you know that legal aid has to be repaid by 95% of offenders? it's now a loan, essentially

on top of that, offenders have to pay reparations towards victims

so the courts do actually try to force responsibility on offenders to pay for losses/harm

I
[quote]
vadinho said:
justhanging said:

- the basic notion of tort law (justice) that the wrongdoer should pay for the consequences of their unlawful actions


And they do. The government pays the victim through ACC, and the government then fines the wrongdoer.
.



only in the case where a criminal offence (as opposed to a civil wrong) has been committed and the government decides to prosecute

that's only a portion of cases - where a company say has breached a particular statute
[quote]
Just to clarify a point - i said that personal injury law promotes *even less* self responsibility.

On a slightly side note, one thing i do like about ACC is that it doesn't set the employer/employee at such odds. An independent investigator will ascertain the level of culpability of each of the parties and rule accordingly. Quite often fining both parties. This wouldnt happen so much in personal injure cases i believe. Any culpability is discounted off each side after legal fees. With ACC there is an incentive for both sides to continue to work together where possible.

I accept there are exceptions.

Also there are a number of cases where damages are awarded though they are fairly paltry usually.
[quote]
justhanging said:
vadinho said:
justhanging said:

- the basic notion of tort law (justice) that the wrongdoer should pay for the consequences of their unlawful actions


And they do. The government pays the victim through ACC, and the government then fines the wrongdoer.
.



only in the case where a criminal offence (as opposed to a civil wrong) has been committed and the government decides to prosecute

that's only a portion of cases - where a company say has breached a particular statute


err im not so sure about that OSH inspectors can issue instant fines to both employees and employers. I believe there is further scope for prosecutions.
[quote]
bob said:
justhanging said:
vadinho said:
justhanging said:

- the basic notion of tort law (justice) that the wrongdoer should pay for the consequences of their unlawful actions


And they do. The government pays the victim through ACC, and the government then fines the wrongdoer.
.



only in the case where a criminal offence (as opposed to a civil wrong) has been committed and the government decides to prosecute

that's only a portion of cases - where a company say has breached a particular statute


err im not so sure about that OSH inspectors can issue instant fines to both employees and employers. I believe there is further scope for prosecutions.



yes work-place accidents/OSH is one example, but an offence of some sort has to be committed before there can be any fine
[quote]
bob said:
Just to clarify a point - i said that personal injury law promotes *even less* self responsibility.

On a slightly side note, one thing i do like about ACC is that it doesn't set the employer/employee at such odds. An independent investigator will ascertain the level of culpability of each of the parties and rule accordingly. Quite often fining both parties. This wouldnt happen so much in personal injure cases i believe. Any culpability is discounted off each side after legal fees. With ACC there is an incentive for both sides to continue to work together where possible.

I accept there are exceptions.

Also there are a number of cases where damages are awarded though they are fairly paltry usually.


yes in OSH prosecutions courts have been known to award a portion of the fine to the victim/family of the victim

usually they clap their hands because they know what they will get from ACC will be pathetic
[quote]
justhanging said:
ACC hardly encourages personal responsibility - for example, you could be really careless, and get injured all the time, and keep getting unlimited ACC cover


Many people are motivated to change behavior and adopt rehabilitative and preventive practices, because of the pain of disability and injury, and because of the knowledge provided by physios who treat them through ACC.
[quote]
OneHappy said:
justhanging said:
ACC hardly encourages personal responsibility - for example, you could be really careless, and get injured all the time, and keep getting unlimited ACC cover


Many people are motivated to change behavior and adopt rehabilitative and preventive practices, because of the pain of disability and injury, and because of the knowledge provided by physios who treat them through ACC.



yes that's all good stuff

ACC also funds advertising campaigns aimed at prevention
[quote]
I should also mention that there are plenty of non-lawyer advocates of the return to the right to sue in New Zealand - not only blood-sucking lawyers

usually these are people who have lost out big time under the present system