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Gubernatorial Election Impact on State Legislative Agendas Maintains Status Quo

 
Image: Virginia
Voters in New Jersey and Virginia went to the polls on November 8 and expressed their desire to maintain the political status quo by returning Democrats to their respective governorships.
Image: New Jersey
In New Jersey, Sen. Jon Corzine (D) defeated his Republican opponent, Doug Forrester, by 53 percent to 44 percent of the vote. Virginia voters elected Lt. Gov. Tim Kaine (D) over former Attorney General Jerry Kilgore ( R) by a 51 percent to 46 percent margin of victory. With no partisan change in these governorships or their state legislatures (Democrats control both chambers of the New Jersey legislature, and Republicans the Virginia legislature), it is anticipated that state legislative agendas for 2006 will change very little.

College Advocates for Surgery at the AMA House of Delegates

During the recently completed Interim Meeting of the American Medical Association's (AMA) House of Delegates, the College's delegation represented surgery's perspective on a host of issues and policy decisions. At the top of the agenda was pay for performance/value-based purchasing, with the HOD strongly supporting AMA principles for these programs and opposing legislative or other pay for performance initiatives that do not meet these principles. The College also took a strong stand on payment for EMTALA-mandated emergency care, calling on the AMA to incorporate language into any existing or future legislative efforts regarding EMTALA requiring all insurers to assign payments directly to any health care provider who has provided these services regardless of in-network and out-of-network status.

LaMar S. McGinnis, MD, FACS, chair of the College's delegation, received special recognition during the meeting of the Surgical Caucus of the AMA and on the floor of the HOD. This Interim Meeting was his last as a delegate since he "timed out" under recently imposed term limits. Dr. McGinnis began his AMA HOD career as an alternate delegate for the College in 1992, and became a delegate in 1994. Since then, he has led the delegation with poise, insightful guidance, and a spirit of collaboration with state and specialty society delegates.

AMA Pay For Performance Principles

Pay For Performance programs must:

  • Ensure Quality of Care
  • Foster the Patient/Physician Relationship
  • Offer Voluntary Physician Participation
  • Use Accurate Data and Fair Reporting
  • Provide Fair and Equitable Program Incentives

Update on Washington State Ballot Initiative on Medical Liability Reform

Image: Yes on I-330
After a record-setting $15 million campaign for a ballot initiative on medical liability reform, Washington State voters rejected both I-330 and I-336, two reform proposals.

I-330 included such reforms as a cap on noneconomic damages and elimination of the collateral source rule, and received 46 percent of the vote. The Trial Lawyer proposal, I-336, included a "three strikes you're out" rule and garnered 41 percent of the vote.

Even though the ballot initiative was not approved by the voters, the debate over medical liability reform is not finished. Substitute House Bill 2292 failed to pass the Washington State legislature in 2005 and has been seen as a logical starting point for discussions in 2006. For more information on SHB 2292 including analysis and full bill text: http://www.leg.wa.gov/wsladm/billinfo1/dspBillSummary.cfm?billnumber=2292#files

Texas Medical Liability Insurance Rates Drop

Image: Texas Flag
On January 1, 2006, the Texas Medical Liability Trust will again reduce its rate for new policyholders. In addition, the Austin Business Journal recently reported that the "American Physicians Insurance Exchange announced a 13 percent rate decrease—the second in just six months." Many experts credit this drop in rates to the Constitutional Amendment voters passed in September of 2003 to cap noneconomic damages in medical liability cases to $250,000, providing strong evidence that caps on noneconomic damages have a positive impact on medical liability insurance rates.

Illinois to Offer "All Kids" Health Insurance

Image: Doctor, Child
In November 2005, Illinois Gov. Rod Blagojevich (D) signed legislation aimed at providing comprehensive health care coverage for Illinois children. On July 1, 2006, parents with children who don't qualify for any of the current state programs will be able to buy into government insurance programs. Premiums will be set on a sliding scale depending on income status.

According to Governor Blagojevich's office, "The state will cover the difference between what parents contribute in monthly premiums and the actual cost of providing health care for each child, expected to be $45 million in the first year, with savings generated by implementing a primary care case management model (PCCM) for participants in the state's FamilyCare and All Kids health care programs."

Critics fear that the funding source is unstable and may not fund the program in the long-term.

To learn more about Illinois's "All Kids" program go to: http://www.allkidscovered.com/

A Look at State Legislative Issues for 2006

With 2006 just around the corner, it is time to look ahead at what the new year will bring to state legislatures across the country. Even though each state is unique, there are often common trends in state legislation. Medical liability reform, scope of practice, Medicaid reform, and physician reimbursement issues are just a few, with provider taxes joining the list as a more recent trend. The State Affairs staff at the College monitors legislative activity in all 50 states in order to not only defend Fellows from unwelcome legislation, but to proactively identify issues and develop strategies that ACS Chapters can use to make the best use of their resources.

  • Liability Reform: Medical liability reforms were the priority in many states during 2005 and are again poised to be a top priority in 2006. Those states that passed significant liability reform in 2005 (especially states where caps were enacted--including Alaska, Georgia, Illinois, Missouri, Montana, and South Carolina) can expect their next battle to take place in the courts. Arizona may be taking its fight to the public, since the state constitution does not grant authority to the legislature to enact caps. As such, the Arizona medical community has the option of proposing a ballot amendment (SCR 1035) in November 2006.
  • Scope of Practice: Every state saw some type of allied health professional scope of practice bill introduced in 2005, and many states were successful in defeating such legislation. Several states have been successful in creating large coalitions of various specialties to combat scope issues. A "new" physician scope/self-referral issue that was seen in over 25 states in 2005 was the attempt to restrict a surgeon from performing MRIs, CT scans, or PET scans "except for a radiologist group practice or an office consisting solely of one or more radiologists." In some states, the legislation also restricted the use of ultrasound. ACS has joined with several other groups to monitor and fight these attempts. So far, the Coalition for Patient Centered Imaging has been successful in stopping all attempts to restrict a surgeon's ability to offer such services – and expects to see more bills of this type introduced into state legislatures in 2006.
  • Provider Taxes: Several states attempted to introduce a new tax on physician services in 2005 in response to the massive budget shortfalls many states are facing--specifically a tax on elective cosmetic surgery. Although none of the states that attempted to pass this type of tax were successful (AR, IL, NY, TN, TX, and WA) it is expected that this idea will be back in other states in 2006. The College has joined with other national special societies to fight physician taxes and in late 2005 the Coalition unveiled a Web site to help educate and monitor these attempts: http://www.stopmedicaltaxes.com. The Web site will be updated throughout the 2006 legislative season.

The College will continue to monitor and advocate for other state issues including trauma system funding and development, office-based surgery regulation, and patient safety. Questions about the College's advocacy activity on state legislative issues and 2006 State Legislative Agenda (40K PDF) should be directed by e-mail to Mindy Baker, State Affairs Associate, at mbaker@facs.org; or Jon Sutton, Manager, State Affairs, at jsutton@facs.org.

Past Issues of ACS Cross Country:

2003
2004
2005
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
November/
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005

ACS State Affairs
Division of Advocacy and Health Policy
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 December 7, 2005

Advocacy and Health Policy

 


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by the American College of Surgeons, Chicago, IL 60611-3211