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June 2006
Note: Questions relating to state legislative activity or any of the items noted in ACS Cross Country may be directed to Mindy Baker, State Affairs Associate, at mbaker@facs.org.
New Illinois Law Expected to Increase Organ Donations by 10 Percent
According to the Rockford Register Star, Illinois has the largest Organ Tissue Donor Registry in the country with six million people (or half of the state’s population) in the registry. Pennsylvania is next on the list with four million people, about one-third of its population.
Even with such a large list, Illinois is striving to do better. Recent legislation has been passed that shifts the previous state registry to a system of organ donation called “First-Person Consent.”
In the past, families were able to make the final decision with regard to organ donation, regardless of the donor’s previous consent. According to the Illinois Web site http://www.lifegoeson.com/, “Now with the new First-Person Consent Organ/Tissue Donor Registry, a person’s indication that he or she wants to be an organ/tissue donor will be a legally binding decision, one that does not require family permission.”
Because the old registry will not automatically transfer to the new “First Person” Registry, donors will need to sign up again. Illinois residents may sign up at https://www.ilsos.gov/organdonorregister/ . Donors may continue to sign the back of their driver’s license, but if they do, their families will still be able to make the final decision with regard to organ donation.
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Arizona Governor Vetoes Liability Reforms
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Arizona Gov.
Janet Napolitano (D)
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Arizona Governor Janet Napolitano (D) recently vetoed a bill (HB 2315) that would have raised the burden of proof from “a preponderance of evidence” to “clear and convincing evidence” in order to win a lawsuit against emergency-room personnel.
In her veto message to Arizona’s Speaker of the House, Jim Weiers, Governor Napolitano wrote “There is no disagreement that the unfunded federal mandates of EMTALA, coupled with the decrease in reimbursement rates and the rise of specialty surgery centers, have led to shortages of on-call specialists in our emergency rooms. No data has been supplied to me, however, to suggest that raising the burden of proof would, alone, cure these problems.” The Governor also expressed her belief that the bill might be unconstitutional.
On the same day that the legislature sent her HB 2315, Governor Napolitano also signed an executive order creating a task force to study access to emergency care.
For the full text of HB 2315, click on “Bill Versions” at http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=HB2315
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Imaging Legislation Moves in Louisiana
Louisiana's SB 570 would prohibit independent diagnostic testing facilities (IDTFs) and ambulatory surgical centers (ASCs) in rural areas from performing ALL imaging services (INCLUDING ULTRASOUNDS). Physician offices and physician group practices are exempt from this prohibition, provided they are owned exclusively by physicians and are not leased or owned by non-physicians or are not licensed as rural health clinics.
The bill passed the House Health & Welfare committee unanimously on May 31. No date has been set for the full House Chamber to hear the bill. Fellows in Louisiana are urged to contact their State Representative via the Surgery State Legislative Action Center at http://capwiz.com/sslac/issues/alert/?alertid=8799391 or by calling their Representative at 225-342-6945. You may ask to speak to the legislator directly or leave a message.
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State Affairs Team Visits Chapters
While most state legislative bodies were winding down in May, the State Affairs “team” at the American College of Surgeons was busy visiting various ACS Chapters.
State Affairs Manager Jon Sutton spoke to the South Carolina Chapter on May 11. He focused on the development of grassroots advocacy at the state level, and discussed such things as strategic components of advocacy programs and how individual surgeons and state specialty societies can implement them. In addition, he provided an update on College state advocacy activities.
State Affairs Associate, Mindy Baker and Dr. Farouck Obeid, MD, FACS, presented “Capital Ideas: Surgeons as Legislative Advocates” during the lunch session at the Michigan Chapter’s Annual Meeting on May 18. Dr. Obeid is a member of the ACSPA-SurgeonsPAC Board, as well as the State Advocacy Representative for the Michigan Chapter. Dr. Obeid focused on the ACSPA-SurgeonsPAC, while Ms. Baker spoke on how individual surgeons can be legislative advocates in their daily lives.
Ms Baker also attended the Pennsylvania Keystone’s Chapter’s Executive Board meeting on May 23 to discuss ways that a chapter can become more involved in its state’s legislative bodies.
State Affairs Staff are also available to give presentations on specific topics, including the development of grassroots advocacy programs, how bills become laws in state legislatures, developing strategic advocacy plans and coalitions, and so on. To invite a member of the ACS State Affairs Team to your meeting, contact Mindy Baker, State Affairs Associate, at mbaker@facs.org or Jon Sutton, State Affairs Manager, at jsutton@facs.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 7, 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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