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State Ballot Initiatives Produce Mixed Results - Election Coverage 2004
In last week's election, many voters were faced with deciding the fate of numerous ballot initiatives relating to health care issues. Most prominent was the issue of medical liability reform. Other issues involved health care coverage, stem cell research, and reimbursement for trauma care.
Voters in four states were given the opportunity to adopt medical liability reform initiatives. In Florida, a constitutional amendment was passed to limit attorney contingency fees, although two attorney-sponsored amendments were also passed. The first requires the release of reports of medical mistakes to patients who request them, and the second strips the medical license from physicians who are found guilty of three or more incidents of malpractice. Lawsuits have already been filed to challenge these amendments, but it may be a while before the dust finally settles on their eventual outcomes.
Nevada voters "kept their doctors in Nevada" by passing a constitutional amendment to remove exceptions to the state's cap on noneconomic damages. Two trial attorney-supported amendments that would have diluted liability reforms currently in Nevada statute were defeated.
Wyoming voters split their vote on two constitutional amendments by approving a measure to permit the legislature to take up the issue of medical review panels in malpractice cases. They did not support efforts to allow the state legislature to consider caps on noneconomic damages. And in Oregon, a constitutional amendment to reinstitute a $500,000 cap on noneconomic damages lost by a razor-thin margin of less than one percent.
Propositions are a common regular feature of California's ballot, and this year's election did not disappoint. Voters approved Proposition 71, a measure to provide $3 billion in funding over 10 years for embryonic stem cell research. They also defeated two other health care-related measures: Proposition 67, an increase in the telephone tax to support trauma and emergency care; and Proposition 72, a requirement that employers provide health insurance for their employees.
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2004 Governor Election Results
Delaware - *Ruth Ann Minner (D) Indiana - Mitch Daniels ( R) Missouri - Matt Blunt ( R) Montana - Brian Schweitzer (D) New Hampshire - John Lynch (D) North Carolina - *Michael Easley (D) North Dakota - *John Hoeven ( R) Utah - Jon Huntsman, Jr. ( R) Vermont - *Jim Douglas ( R) Washington State - too close to call West Virginia - Joe Manchin III (D)
* incumbent
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Power Shifts in Governors' Races
Eleven states elected governors last week, and 44 states held elections for state legislators. Overall, Republicans were successful in winning four of the 11 governors' races, with Democrats winning six. Washington State continued to be in play with the Democratic candidate holding a slight lead. Overall, Republicans have control of 28 governorships, with Democrats holding on to 21.
In state legislative races, Democrats experienced gains in Colorado, North Carolina, Oregon, Vermont, and Washington State. Republicans achieved victories in Georgia, Oklahoma, and Tennessee statehouses.
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Maryland Physicians Mobilize for Medical Liability Reform
Surgeons and other physicians in Maryland went on the offensive in October, pushing the state legislature to meet in special session to address the severe medical liability insurance crisis in the state. Governor Ehrlich and some legislators expressed support for doing so, but, at press time, no decision had been made. To further its efforts, the Maryland Chapter joined with other physician groups to endorse the Save Our Doctors Web site, which provides common sense solutions to the problem.
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Arizona Physicians Rally for Reform
More than 2,400 physicians massed at the Phoenix Civic Center on October 21 to advocate for medical liability reform, including caps on noneconomic damages. Sen. Jon Kyl ( R) expressed his support for reform efforts, and was joined by physicians from a number of national specialty societies. One likely outcome of the rally and other reform activity in the state next year will be to ask the state legislature to place a reform measure on the ballot in 2006. Currently, Arizona is the only southwestern state without a limit on damages. The Arizona Rally Web site may be visited at http://www.azmedassn.org/rally.html.
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Past Issues of ACS Cross Country:
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
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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 |
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Revised November 18, 2004
Advocacy and Health Policy
This page and all contents are Copyright © 2003-2004
by the American College of Surgeons, Chicago, IL 60611-3211
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