by cmunday on Fri Feb 15, 2013 9:04 am
Not noticed anything yet for me or anyone in our group. But, the restrictions apply to injuries after 1/1/13 I believe. Since I pretty much do only neuropsych I've actually predicted that area of business will increase because there will be an emphasis on making behavioral or emotional difficulties "organic" and using Chapter 13 rather than the GAF. Just played golf with a savvy attorney who also thinks this will occur. That said, I would not bet on where this will all head or end up.
Further, most anticipate a lot of litigation as to what constitutes a "catastrophic" injury and what constitutes a "severe head injury" (the law says "head injury" not brain injury and this may create problems in interpretation - if a "head injury" results in a mild brain injury is that a "severe head injury"?). One big question is whether "catastrophic" applies to the specifics of the event causing the injury or to the disabling effects of the injury. If a simple back injury leads to unemployment, loss of home, divorce, and we have a devastated patient one can (and surely some will) argue that injury was "catastrophic" for that individual.
I confess I actually enjoy sitting back and watching the unintended consequences ensue.