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Physical Therapy Ruling in South Carolina Could Be Felt Nationwide
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SC Attorney General,
Henry McMaster (R)
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A scope of practice issue in South Carolina could have implications across the country. A recent ruling by South Carolina's Attorney General, Henry McMaster (R), interpreted the state's Physical Therapy Act to allow for disciplinary action against physical therapists who accept referrals from a physician employer. A suit was filed challenging this interpretation, and the courts ruled in favor of the Attorney General's interpretation. Legislative efforts to address this issue during the 2005 session failed to make it out of the chamber of origin by the appropriate deadline, so a legislative solution will now have to wait until 2006.
Other states have been dealing with this issue. Delaware's Attorney General gave a similar interpretation of that state's physical therapy practice act in 2002, and Nevada and North Carolina saw recent legislation that would ban physician ownership of physical therapy services. The statutory language that allowed the South Carolina Attorney General to interpret the law in this way is also present in the laws of Arkansas, Arizona, Florida, Louisiana, Tennessee, and Wyoming.
The American Academy of Orthopedic Surgeons has a statement on physician-owned physical therapy services – to read it visit: http://www.aaos.org/wordhtml/papers/position/1166.htm
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Minnesota Poised to Create a Statewide Trauma System
Minnesota has two bills in its legislature– HF 1422 and SF 2278--that would develop and fund a statewide trauma system (both the House and Senate bills are versions of the Omnibus Health and Human Services legislation). Each bill has been passed by both chambers and now requires a conference committee to work out the differences. In the trauma section of the legislation, the only substantive difference between the two bills is the funding mechanism. The House has proposed that funding should come from the state's general fund, while the Senate wants the funding to come from hospital fees.
The Minnesota Legislature adjourned its regular session on Monday, May 23 and entered into a special session on Tuesday, May 24 in order to implement the budget. The state needs to have a final, balanced budget by July 1, the start of the next fiscal year. It is expected that this special session may last for some time as budget negotiators finalize a proposal that would include the trauma system funding and development.
Minnesota's Department of Health has established a Web site that is devoted to this initiative. Here you will find links to the bills as well as committee meeting schedules, data resources, and so on: http://www.health.state.mn.us/traumasystem/.
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Liability Reform Advances in Illinois and Alaska
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Gov. Frank Murkowski
(R) Alaska
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In 1997, Alaska passed a cap on noneconomic damages of $400,000 (or $8,000 multiplied by the injured party's life-expectancy, whichever is greater). On May 19 of this year, the legislature sent the governor SB 67, which lowered the cap to $250,000 and included a provision that raised the cap to $400,000 if the injured person is 70 percent or more disabled. The House also added language to the bill that would void the cap if the damages were a result of "reckless or intentional misconduct." The bill is expected back from the governor by June 10. To view the full text of the bill, visit: http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0067F&session=24.
A major shift in the liability reform debate took place at the end of the Illinois General Assembly's 2005 session. Many years of grassroots advocacy efforts by physicians, hospitals, business organizations, and patients finally paid off when an agreement was reached between the Governor, Senate President, and the Speaker of the House (all Democrats) and Republican leadership. Reforms included in the agreement are: a $500,000 cap on noneconmic damages for physicians and a $1 million cap for hospitals; stronger requirements for the certificate of merit process; and higher standards for expert witnesses—including board certification or board eligibility in the same or similar specialty as the defendant.
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Gov. Rod Blagojevich
(D) Illinois
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The legislation (SB 475) calls for a public access Web site that includes profiles of physicians' medical malpractice histories. The deal would also make it easier for state regulators to reject steep premium hikes from malpractice insurers while requiring public hearings.
Governor Rod Blagojevich has agreed to sign the bill when it makes it to his desk provided it contains "serious insurance reforms" and not just caps.
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Repeal of UPPL Laws Progresses in a Number of State Legislatures
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In 1947, the National Association of Insurance commissioners (NAIC) adopted the UPPL (Uniform Accident and Sickness Policy Provision) as a model law. The law states that health insurers would not have to reimburse patients for costs incurred when an accident is a result of "the insured's being intoxicated or under the influence of any narcotic." Most states adopted this language, and it is still on the books in 37 states. In 2001, NAIC formally changed its position to support the repeal of this legislation. Other groups that support the repeal of this language include: the National Conference of Insurance Legislators (2001); American Medical Association (2003); Mothers Against Drunk Driving; National Commission Against Drunk Driving (2001); American College of Emergency Physicians; and American Public Health Association (2004).
Legislation to repeal the UPPL statutes is advancing in California (SB 573), Nevada (AB 63), Rhode Island (HB 5778), Texas (HB 949), and is being considered in New York. For more information about this issue or for resources to help in grassroots advocacy activities in support of the repeal of UPPL, contact Mindy Baker, ACS State Affairs Associate (mbaker@facs.org).
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New Jersey surgeons protest lottery lawsuits and
jackpot justice. Left to right, Doctor: Frank T.
Padberg, Jr., H. Stephen Fletcher, N.J. Chapter
President; Lewis Wetstein and William A. Rough.
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New Jersey Surgeons Advocate for Medical Liability Reform at National Doctors Day
As reported in last month's issue of ACS Cross Country, hundreds of surgeons joined their physician colleagues in Washington, DC, on April 20 to participate in National Doctors Day. The event drew over 1,200 participants, and the New Jersey Chapter of the ACS was well represented. Arthur Ellenberger, New Jersey Chapter Administrator, was instrumental in organizing surgeons to join the caravan to the nation's capital–where they rallied for reform, met with their congressional representatives to discuss the issue, and raised media awareness of the problem. (Pictures courtesy of Mr. Ellenberger.)
To learn more about the rally go to http://www.nationaldoctorsday.org.
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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 June 2, 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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