Surgical Practice for Optometrists Expands in Oklahoma

Governor Brad Henry (D) In a move roundly criticized by physicians and patient safety advocates, Oklahoma Governor Brad Henry (D) recently signed into law HB 2321. which expands the scope of practice for optometrists in the state. In a last-minute, backdoor legislative effort during the conference committee process, optometrists were successful in getting legislators to amend this bill by adding a paragraph permitting them to perform eye surgery with scalpels. HB 2321 authorizes the Board of Examiners in Optometry B a body composed mainly of optometrists B to decide optometric scope of practice including the types of operations optometrists will be able to perform on the eye and face. These procedures can include cataract surgery, plastic surgery, facial reconstruction, and eyeball removal.

Ohio Doctors Leaving the State

In a survey conducted by the Ohio State Medical Association (OSMA), more than 1,000 physician respondents related how medical liability insurance premium increases are impacting their practices. Thirty-four percent noted that they expect to close their practices within the next two years, and 58 percent expect to stop practicing in the next three years. Even though significant medical liability reforms were enacted last year in the state, premiums increases remain a concern. To further address this serious situation, Ohio Governor Bob Taft ( R) recently signed additional reform legislation (51K PDF) requiring insurers to give physicians 60 days notice of cancellation of their policies, and Ohio regulators 120 days notice if they plan to stop writing policies in the state. Malpractice insurers must report to the Ohio Department of Insurance the costs of defending malpractice claims, judgment payouts, and losses. In addition, expert witness qualifications have been tightened, requiring that an expert witness be a health care provider in the same or similar specialty as the defendant.

OSMA Physician Survey Results 39 percent less willing to perform high-risk procedures 35 percent no longer perform high-risk procedures 48 percent expect to retire earlier than originally planned 51 percent have lost physicians from their practices or are having difficulty hiring physicians

Medical Liability Reform Passes Illinois Senate

Michael Madigan (D), Speaker of the Illinois House Hearing the concerns of Illinois physicians, the Senate passed some medical liability reform measures on June 1. The legislation (228K PDF), which now awaits action by the Illinois House, would increase expert witness qualifications to require that the expert witness be board certified or eligible in the same medical specialty as the defendant. It strengthens the qualifications of physicians signing an affadavit of merit to ensure that they are experts in the same specialty as the subject of the lawsuit; protects personal physician assets provided they maintain a minimum medical liability insurance level of $1 million/$3 million; and extends good faith immunity to physicians (including retired physicians) for free home visits or free care provided in free clinics. Speaker of the House Michael Madigan (D) is chief sponsor of this legislation in the Illinois House.

Massachusetts Identified as a State "In Crisis" by AMA

Donald J. Palmisano, MD, FACS, Immediate Past President, AMA At the recent annual meeting of the American Medical Association (AMA) House of Delegates, it was announced that Massachusetts has joined 19 other states as being in a medical liability crisis. AMA Immediate Past President Donald J. Palmisano, MD, FACS, said the decision to add Massachusetts came after careful review during several months of methodologically sound research, news coverage, and numerous documented examples of physicians being forced to restrict their practices due to liability insurance pressures. In addition to the AMA's own analysis, the Massachusetts Medical Society detailed the problems and provided a wealth of physician workforce surveys and other research on the liability environment. A public opinion poll released on June 7 by the University of Massachusetts showed that 73 percent of Massachusetts voters agree that the state is in crisis regarding medical liability insurance problems.

Liability Reform Improvements Enacted in Mississippi

Haley Barbour (R), Mississippi Governor On June 16 Governor Haley Barbour ( R) signed into law HB 13 (54K PDF). Passed by the legislature in a special session called to address medical liability reform issues, HB 13 significantly improves Mississippi's existing $500,000 cap on noneconomic damages by deleting several exceptions and an annual inflationary adjustment. It also limits the ability of plaintiffs' attorneys to file cases in jurisdictions where they do not belong.

 

Past Issues of ACS Cross Country:

October 2003
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ACS State Affairs

Division of Advocacy and Health Policy

Jon H. Sutton Manager, State Affairs Chicago Headquarters 312-202-5358 jsutton@facs.org