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Tobacco Tax Increase Approved by Oklahoma Voters
Advocates for improved funding for Oklahoma's trauma care and other state health programs were successful in convincing voters to pass State Question 713. Titled "The Oklahoma Health Initiative," this law will provide up to $17 million annually for the Trauma Care Assistance Fund and a total of $149 million in revenue for other programs with approximately one-third eligible for federal matching funds. Tobacco tax increases include a net 55 cent increase per pack of cigarettes, with chewing tobacco and cigars also seeing substantial jumps. Roxie Mae Albrecht, MD, FACS, 0 state COT chair, worked tirelessly to bring the trauma community together to advocate for this ballot initiative, proving once again the importance of broad coalition support in state legislative advocacy activities.
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Connecticut:
January 12 - May 11
District of Columbia:
January 2 - All Year
Georgia:
January 10 - Late March
Illinois:
January 12 - Memorial Day
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Maryland:
January 12 - April 11
Massachusetts:
January 5 - All Year
Missouri:
January 5 - May 30
Virginia:
January 12 - February 26
Washington State:
January 10 - April 24
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Tort Reform Hot Spots Identified for 2005
Indications are that medical liability reform will take center stage in a number of states during 2005, including but not limited to: Connecticut, Georgia, Illinois, Maryland, Massachusetts, Missouri, Virginia, and Washington State. Caps on noneconomic damages, expert witness qualifications, repeal of joint and several liability, and other MICRA reforms will be considered. Surgeons in states with reform on the agenda will be asked to advocate on behalf of these reforms by making telephone calls to state legislators, participating in advocacy days at the state capital, and writing letters through the Surgery State Legislative Action Center.
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Florida Voters Approve Patient Access to Reports on Medical Mistakes
In the 2004 general election, a constitutional amendment that requires the release of records of any "adverse incidents" that could have led to harm being done to a patient was passed by the voters of Florida . Hospitals filed suit for an injunction against implementation of the amendment until the state legislature or a court could clarify how hospitals should comply with the rule. A state judge denied the injunction. Concerns about the impact of the amendment include how release of this information could violate federal confidentiality statutes, and the fact that implementation of the amendment could result in a significant increase in the number of liability suits being filed.
In a related matter, a judge issued a temporary injunction to block implementation of the "three strikes and you're out" amendment, which also passed in the 2004 general election. Under this constitutional provision, Florida physicians with three malpractice judgements against them would have their medical licenses revoked by the state. The judge agreed that clarification is needed by the legislature or the courts to determine which state agencies are responsible for enforcement of the amendment, if the amendment is retroactive, and which physicians are included.
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Special Session of Maryland Legislature Addresses Liability Reform
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Efforts by legislative leaders and the governor to call a special session to deal with medical liability insurance rates came to fruition on December 27, with the Maryland General Assembly passing H.B 2 on December 29. This legislation, which is awaiting action by the governor, includes some medical liability reforms, and instituted more stringent qualifications for expert witnesses. It also created a fund to pay for all but 5 percent of the 33 percent average premium increases for 2005. As a precursor to this special session, surgeons and other physicians rallied at the capital in November, with some fearing they might have to close their practices, retire earlier or move to other states. The American College of Surgeons Professional Association (ACSPA) ran a number of newspaper ads highlighting the seriousness of the problem. The coalition Save Our Doctors, Protect Our Patients is actively advocating for reforms, as is the Maryland Chapter of the College.
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Utah Cap Found Constitutional
The Utah Supreme Court ruled in November that the state's cap on noneconomic damages is constitutional. The case involved an award of $1,250,000 in noneconomic damages, but the judge in the case reduced the amount to the $250,000 limit. The plaintiff appealed and challenged the constitutionality of the cap, but the Supreme Court justices upheld the cap on a 3 to 2 vote.
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Past Issues of ACS Cross Country:
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November/December 2004
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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 |
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Revised January 6, 2005
Advocacy and Health Policy
This page and all contents are Copyright © 2003-2005
by the American College of Surgeons, Chicago, IL 60611-3211
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