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Wisconsin Governor Vetoes Bill to Reinstate Cap
Even though the Wisconsin State Legislature worked quickly to pass legislation to reinstate the caps on noneconomic damages overturned by the Wisconsin Supreme Court in 2005, Gov. Jim Doyle (D) vetoed the bill on December 2. In vetoing the legislation, Governor Doyle stated that he believed the issues that caused the court to throw the law out had not been properly addressed in the bill.
Susan Turney, MD, executive vice-president/CEO of the Wisconsin Medical Society, had this to say, "It's disappointing that Governor Doyle chose to veto AB 766. We're very concerned that the absence of caps will harm Wisconsin's historically stable medical liability environment. The legislature's swift action to restore the caps shows the importance of this issue."
The Governor's veto message reflects a very important fact: a clear majority of legislators support reinstating the noneconomic damages cap. "We will examine the Governor's message thoroughly and work with our health partners to reinstate a cap as soon as possible. Wisconsin must reach an agreement that best serves both the patients of our state and the health care system."
Legislators have indicated that they may attempt to override the veto.
The Governor did sign legislation that addressed the issue of first-year medical residents. In June of 2005, the court ruled that first-year medical residents were not covered by the state’s cap. (See the article in the July 2005 issue of ACS Cross Country.) The Governor also vetoed a measure that would allow the final amount awarded to be reduced by the amount already received from other sources.
"The Governor's veto message reflects a very important fact: a clear majority of legislators support reinstating the noneconomic damages cap." - Susan Turney, MD, executive vice-president/CEO of the Wisconsin Medical Society
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Political Fight in Texas over Trauma Funding
In 2003, the state of Texas passed legislation that created a point system for moving violations and surcharges with fines and fees being paid into the Designated Trauma Facility and Emergency Medical Services Account. (see box below) The program has been successful in generating funds to pay for the state’s trauma services, but now some legislators would like to use the “excess” funds for other purposes. According to Texas State Representative Diane Delisi's office, "The 2006-07 budget specifically appropriates $31.7 million per year to uncompensated trauma funding from the trauma facilities and EMS activities fund. However, Rider 84 in Article II then makes a contingent appropriation of any funds collected above $59 million in 2006 and $80 million in 2007, pending approval from the Legislative Budget Board and the governor. The difference, some $77 million over the biennium between what was appropriated and the two annual threshold amounts, would accumulate in the account."
No agreement has been reached on allocation of the excess funds. The trauma community in the state is vigorously advocating for these funds to be used for their intended purpose – paying for uncompensated trauma care.
HB 3588 funds trauma care by establishing a point system for moving violations and applying surcharges based on the total accumulated points during a specified time period. A $100 surcharge will be assessed when a driver accumulates six points during a three-year period with an additional $25 for each point over six. The act also stipulates that DWI and DUI offenses will receive an automatic $1000 annual charge (for three years) for first offenses and $1,500 for second offenses. These charges are cumulative. A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.
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State Advocacy Representative Program Begins a New Year
The State Advocacy Representative (StAR) Program will kick off the 2006 legislative season with a series of conference calls beginning in January.
The calls are an opportunity for Fellows and chapter administrators to learn not only about national trends but to provide opportunities to share legislative information regarding their own state. Since many legislative "ideas" often cross state borders, the calls can serve as an early warning system for contiguous states. Calls are set up geographically, based on the Committee on Trauma's designated regions. Any Fellow may be a "StAR," and states may have more than one designated representative.
Fellows or chapter administrators interested in participating in the State Advocacy Representative program should contact Mindy Baker, State Affairs Associate, at mbaker@facs.org.
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Montana Health Insurance Program for Small Businesses to Get Under Way
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A new program is set to begin in Montana to help small businesses provide health insurance to their employees. "Insure Montana" was approved by the voters and by the Montana legislature in 2004 and 2005, respectively, and is funded with part of the receipts collected through a recent tobacco tax increase. Under this program, state income-tax credits are provided to small businesses that currently offer health insurance benefits. Those small businesses that are unable to offer these benefits are able to purchase them through a state health insurance pool, and the state will also provide premium subsidies to businesses that enroll in the program. It is estimated that 300 businesses will have applied for the program by March 2006.
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Another Look at State Legislative Issues for 2006
Now that 2006 has begun, many state legislatures will convene their legislative sessions. In fact, 37 states are scheduled to start their sessions within the first two weeks of January. As a result, it is important for surgeons to prepare for advocacy efforts related to many different issues, including medical liability reform, scope of practice, Medicaid reform, physician reimbursement, and provider taxes.
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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 January 10, 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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