January 2004
Rallying Round the Medical Liability Reform Flag
Maryland Governor Robert Ehrlich speaks about his support for medical liability reform |
Surgeons came out in droves for medical liability reform rallies in both Maryland and Wyoming during the latter half of January. In Maryland, over 2,000 physicians and their supporters descended on Annapolis on January 21 to support the Maryland State Medical Society's Rally for Change. Republican Governor Robert Ehrlich addressed the rally, telling the crowd that he supports their cause and that action must be taken this year to address the crisis. In particular, Governor Ehrlich expressed his support for limits on non-economic damages as one of the major reforms the legislature needs to examine. (Rally photos provided by Maryland State Medical Society, Larry Canner, Photographer) |
ACS Maryland Chapter President Scott Maizel, MD, FACS, who participated in the rally, viewed the day in Annapolis as "an event of historic proportions." Dr. Maizel, an avid liability reform advocate, has testified before the Maryland legislature and recently had his opinions published in the Baltimore Sun (10K PDF).
| In Wyoming, surgeons took to the streets of Casper, Wheatland, and Cheyenne on January 19-20 to advocate for medical liability reform during this year's legislative session. They met with legislators, patients, medical students, and community leaders in support of House Joint Resolution (HJR) 2 (90K PDF). If adopted, HJR 2 would place a constitutional amendment on the ballot so that voters would have the opportunity to determine whether the legislature should have the authority to institute a number of positive tort reforms including caps on non-economic damages and alternative dispute resolution mechanisms. Leaders of the ACS Wyoming Chapter urge surgeons to use the Surgery State Legislative Action Center (SSLAC) to send a message of support for HJR 2 to their representatives. For more information, contact Jon Sutton at jsutton@facs.org. |
AMA President Donald Palmisano, MD, FACS, stirs up the crowd at the Maryland Rally for Change. |
Washington State Legislature Faces Tort Reform Campaign
The debate from last year over medical liability reform continues in the Washington Legislature. Senate Bill 6520, an omnibus tort reform bill, has been introduced in the Senate and includes a cap of $250,000 on non-economic damages. The College's Washington Chapter encourages all Washington surgeons to visit the SSLAC to e-mail their state senators about the chapter's strong support for SB 6520. For more information, contact jsutton@facs.org.
- cap on noneconomic damages of $250,000
- collateral source payments included
- periodic payments permitted
- contingency fees limited
- proportional liability for damages
- statute of limitations three years
|
|
|
This special section of the College's Web site provides Fellows with tools to educate lawmakers and patients on the need for strong medical liability reforms.
|
|
|
Georgia General Surgeons Fight Erroneous CON Requirements
Christopher C. Smith,
MD, FACS, President of Albany Surgical, P.C., a six physician general surgery practice
located in Albany, Georgia.
|
The College is lending its support again to general surgeons in Georgia who are battling with the state's Department of Community Health (DCH) over promulgated guidelines governing certificate of need (CON) requirements for ambulatory surgical centers (ASCs). During last summer, the Georgia DCH issued regulations and accompanying guidance that classified general surgery as a multi-specialty. The department justified this move based on the findings of a court case involving DCH and Albany Surgical, P.C., In the case, which the College filed an amicus curiae brief on behalf of Albany Surgical, the court erroneously found that general surgery should be classified as a multi-specialty based on the existence of sub-specialties within general surgery.
Executive Director Thomas R. Russell, MD, FACS, outlined the College's concerns over this issue in a January 29 letter to Georgia's Department of Community Health. In his letter, Dr. Russell notes that "general surgery is
|
clearly a single specialty, and physician-owned ambulatory surgical centers offering general surgery should be exempted from the CON process in the same way that other single specialty ambulatory surgical centers are exempt." He continued on that "maintaining the status quo discriminates against those in the specialty who wish to provide high-quality ambulatory surgical care in their own ambulatory surgical center, and unnecessarily restricts patient access to quality surgical care." The College, Georgia Chapter of the ACS, and the Medical Association of Georgia will continue to work together on this issue and back the catalytic efforts of Albany Surgical and general surgeons across the state. For more information, contact Jon Sutton at
jsutton@facs.org.
A New Year Brings New Laws
The regulation of office-based surgery (OBS) to improve patient safety continues to be an active issue with state regulatory agencies. Ohio's Board of Medicine adopted rules effective January 1, 2004 that closely reflect the College's Patient Safety Principles for Office-Based Surgery (Ohio comparison chart) (10K PDF). In addition, the Louisiana Board of Medical Examiners promulgated rules similar to the College's Principles that will be effective January 1, 2005 (Louisiana comparison chart) (10K PDF).
Office-Based Surgery Links
|
|
Negotiating with health plans is a never-ending battle, and physicians in Illinois are celebrating the implementation of the Fairness in Contracting Act. This law provides standardization of health plan contracts and addresses contracting, payment and recoupment issues.
Illinois Fairness in Contracting Act
30 days minimum to review contract
Plans must provide fee schedules and attachments
with contract
Plans must notify physicians of payment rate changes
not later than 35 days after the change
|
|
For further information, contact at jsutton@facs.org.
Past Issues of ACS Cross Country:
October 2003
November 2003
December 2003
