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New Hampshire Creates Pre-Screening Panel for Medical Liability Claims
After successfully fighting a hostile amendment, New Hampshire's legislature passed SB 214 on June 15 to establish a pre-screening panel for medical malpractice claims. An important part of SB 214 stipulates that if the judgment of the panel is unanimous and the case still goes to trial, the findings of the panel may be admissible in court. Opponents of the legislation unsuccessfully fought for an amendment that would prohibit the final outcome from being admissible at trial.
The panel would consist of a "retired judge, (or) persons with judicial experience" that would be named as the Chair, who would then choose two or three additional members from a list of approved participants. One member would be an attorney, and the other a health care practitioner who practices in the same specialty or profession as the accused. If more than one person is accused, a second health care practitioner who also practices in the same specialty as the additional defendant may be appointed. To see the full text of the bill go to: http://www.gencourt.state.nh.us/legislation/2005/SB0214.html
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Wisconsin Court Rules First-Year Residents Are Not Covered under the State's Cap on Noneconomic Damages
On March 3, the Wisconsin Supreme Court heard oral arguments in the case of Gregory G. Phelps et al. v. Physicians Insurance Co. of Wisconsin Inc. and Matthew Lindemann, MD. At issue was an appeal of a recent appellate court ruling that first-year residents are NOT included under the state's cap because the statute requires a health care provider to be licensed for them to be covered. As such, this ruling creates a loophole so that ONLY first-year residents are not covered. All medical students, as well as residents beyond the first year of training, are protected under the statute. Wisconsin's cap on noneconomic damages was initially enacted at $350,000 and has an annual inflation adjustment. Currently, the cap is $432,000.
On June 22, the Court issued its ruling. Unfortunately, it upheld the appellate court's ruling that Dr. Lindemann was not a "health care provider" as defined in the noneconomic damage statute, and therefore the cap does not apply. The Supreme Court did remand the case to the Circuit Court "for a determination of whether Dr. Lindemann was a "borrowed employee" of St. Joseph's Hospital and therefore entitled to the cap protection as an "employee" of a health care provider under Wisconsin Statute."
To read the full opinion visit: http://www.courts.state.wi.us/sc/opinion/DisplayDocument.html?content=html&seqNo=18674
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State Advocacy Representative Program Wraps Up a Successful Legislative Year
In 2003, the College began recruiting individuals to serve in its new State Advocacy Representative (StAR) Program. "StARs" act as advocacy liaisons between the College and their state legislatures. Currently there are approximately 75 "StARs" with at least one in each of the 50 states.
In May 2005, the College held an ongoing series of conference calls with the "StARs" to discuss ACS state legislative activities relating to cosmetic surgery taxes, medical liability reform, and restrictions on medical imaging. These calls also provided an opportunity for "StARs" to share state legislative information regarding their own state. Four regional calls were held over the course of a week, with "StAR" regions based on the ACS Committee on Trauma's structure. Since many legislative "ideas" often cross state borders, the calls can serve as an early warning system for contiguous states.
If you are interested in participating in the State Advocacy Representative program, please contact Mindy Baker, State Affairs Associate, at mbaker@facs.org.
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Surgeons Achieve Election Success at AMA House of Delegates Meeting
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Richard Reiling, MD, FACS,
AMA Council on Medical Education
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Advocacy at the state level can take many forms, including influencing policy of national medical organizations that participate in their own state legislative advocacy activities and that are important allies in moving a legislative agenda forward. One place where this situation is especially significant is the American Medical Association's (AMA) House of Delegates (HOD), the official policymaking body of the AMA and the "adopter" of policies and action items directly related to state advocacy. During last's month Annual Meeting of the HOD, state-related issues that were discussed included: medical imaging, taxes on cosmetic surgery, medical liability reform, and Medicaid reimbursement.
During the meeting, two Fellows of the College achieved significant prominence in the organization. William G. Plested, II, FACS, a thoracic and cardiovascular surgeon from California, was unanimously selected by the House to be AMA President-Elect. And in an election victory "first" for the College, Richard Reiling, MD, FACS, a general surgeon from Charlotte, NC, was elected to the AMA Council on Medical Education. A life-long educator, Dr. Reiling received strong support from surgical specialty society and state medical society delegates. His election makes him the only surgeon serving on this important council, which is responsible for the study of all facets of medical education and the development of policy to address medical education issues.
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Excellence in Advocacy Recognized at ACS Leadership Conference
The College's annual Leadership Conference was held last month, with more than 150 chapter leaders and young surgeons meeting to discuss federal and state advocacy strategies and visit with congressional representatives. One important part of this meeting included recognition of an individual who has had "a career of outstanding leadership and distinguished service and commitment to protecting patients' access to high-quality surgical care."
Robert Harvey, executive director of the College's Florida Chapter, received the 2005 Arthur Ellenberger Award for Excellence in State Advocacy. Since 1975, Mr. Harvey has been directly involved in grassroots advocacy with the Florida legislature. His expertise and knowledge of the political climate in the state, as well as his successful advocacy strategies, have benefited surgeons and their patients for many years. The Ellenberger Award was first presented to and named in honor of Arthur Ellenberger, long-standing New Jersey Chapter Executive Director and state grassroots advocacy expert, at the 2003 Leadership Conference.
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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 July 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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