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August 2006
Note: Questions relating to state legislative activity or any of the items noted in ACS Cross Country may be directed to Mindy Baker, State Affairs Associate, at mbaker@facs.org.
Court Rules "Big Box" Retailers Need Not Pay Their "Fair-Share"
A federal judge overturned a Maryland’s “fair share” law that required retailers with more than 10,000 employees in the state to spend at least 8 percent of their payroll costs on health care—or face a large fine. Shortly after the legislature overrode the Governor’s veto of the bill this past January, the Retail Industry Leaders Association filed suit, claiming the Maryland law violated the federal Employee Retirement Income Security Act (ERISA). The US Chamber of Commerce and the National Federation of Independent business filed supporting briefs.
In the July 19th decision, Judge Motz of the Federal District Court wrote that the law “violates Erisa’s fundamental purpose of permitting multistate employers to maintain nationwide health and welfare plans, providing uniform nationwide benefits and permitting uniform national administration.” (Retail Industry Leaders Association v Fielder, Jr. Maryland Secretary of Labor; Licensing and Regulation Civil No. JFM-06-316)
Organized labor groups had made passing “fair share” legislation one of their top priorities in 2006. More than two dozen states introduced similar “Fair Share” bills; however, few of these bills ever made it out of committee and none passed.
Judge Motz’s opinion can be found at: http://www.mdd.uscourts.gov/Opinions152/Opinions/Walmartopinion.pdf
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Mississippi State Medical Licensure Board to Review Expert Testimony
The Mississippi State Board of Medical Licensure recently announced that the effective date for the new regulation allowing the board to review expert witness testimony would be delayed from July 1, 2006, until January 31, 2007. The delay is intended to allow time for the board to receive comments and suggestions from the public.
According to the new regulations, physicians offering testimony must hold “a current unrestricted medical license issued in Mississippi, or another State or foreign jurisdiction, and have the qualifications to serve as a medical expert on the issue(s) in question by virtue of knowledge, skill, experience, training, or education”. Also included in the regulation are professional standards for physicians who offer expert testimony and a process for disciplinary action against any physician who does not comply with the standards set forth.
The new regulations were adopted by the board and did not require any action by the state legislature or the Governor. Unless the board readopts them, the regulations are set to expire on June 30, 2010.
To view the proposed regulations please visit: http://www.msbml.state.ms.us/reg%20changes/2007%20expert%20witness%20reg%20final.pdf
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Missouri's Department of Insurance Increases Oversight of Malpractice Insurers
On July 10, Missouri Gov. Matt Blunt (R) signed HB 1837, which contains several insurance reforms, including a requirement that any medical malpractice insurance company that wants to increase rates must base those rates on its loss experience in the state, not on losses in other states. It also gives the state insurance director “strong disapproval authority... for rates that are excessive, inadequate or unfairly discriminatory.”
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Connecticut to Require Insurers to Reveal Reimbursement Rates
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Gov. M. Jodi Rell (R)
Connecticut
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On June 9, Connecticut’s Gov. M. Jodi Rell (R) signed HB 5189, a bill that the Connecticut Medical Society touted as “the first step toward accomplishing our goal to establish... transparency in fee schedules established by insurers.”
Connecticut’s HB 5189 mandates that by October 1, 2007, each insurer must:
- Allow the physician to view, in a digital or other electronic format, the reimbursement rates for the top 50 codes used by that physician.
- Provide the physician with the fee for any code for which the physician intends to bill.
The bill also requires that the “chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to insurance shall convene, at least two times each year, a group of physicians and managed care organizations, to discuss issues relative to contracting between physicians and managed care organizations, including issues relative to any national settlement agreements, to the extent permitted under such settlement agreements.”
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Free Practice Management Consultations during Clinical Congress
Tom Loughery, of Economedix, LLC, will be offering free practice management consultations during the College’s 2006 Clinical Congress in Chicago. To sign up for an appointment or to learn more, please contact Tavia Dixon, 202-672-1505; tdixon@facs.org.
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Past Issues of ACS Cross Country:
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ACS State Affairs
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Division of Advocacy and Health Policy
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Jon H. Sutton
Manager, State Affairs
Chicago Headquarters
312-202-5358
jsutton@facs.org |
Mindy Baker
State Affairs Associate
Chicago Headquarters
312-202-5363
mbaker@facs.org |
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Revised August 8, 2006
Advocacy and Health Policy
This page and all contents are Copyright © 2003-2006
by the American College of Surgeons, Chicago, IL 60611-3211
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