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November Ballot Initiative Seeks to Amend Nevada Constitution
In November, Nevada voters will decide on two ballot initiatives relating to medical liability reform. The first, Ballot Question #3, would impose a firm cap of $350,000 on noneconomic damages per action; repeal joint and several liability for economic damages as is currently the case for noneconomic damages; and permit periodic payment of future damages. The second, Ballot Question #5, would stop frivolous lawsuits by requiring that lawyers who willfully initiate or defend frivolous litigation to be held personally responsible for attorney's fees, court costs, and expenses of the aggrieved party, in addition to any liability that may otherwise be imposed by a court or disciplinary body. It also adds language indicating that all persons will be entitled to full recovery for their harm and losses due to negligent or wrongful acts of others, without annulling any limitations on damages existing on January 1, 2004. Finally, the legislature is prohibited from repealing or amending damage limitations in statute as of January 1, 2004.
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Signature Gathering Under Way in Washington State
Tired of medical liability reform efforts being tied up in the state legislature by a few anti-reform legislators, Washington physicians decided to take this issue directly to the legislature by way of the people. Doctors for Sensible Lawsuit Reform launched the signature-gathering phase of I-330 (1440K PDF), The Health Care Access Initiative, in September. Almost 200,000 valid signature are required to bring this initiative to the legislature in 2005. If the legislature fails to act, the initiative will go before the voters in the 2005 general election.
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- Caps noneconomic damages between $350,000 and $1,050,000 depending on the number of individuals and institutional defendants
- Permits periodic payment of future damages
- Implements a sliding scale on attorney contingency fees
- Permits voluntary arbitration agreements between patients and physicians
- Eliminates collateral source rule
- Abolishes joint and several liability to hold defendants liable only for their share of damages
- Implements a three-year statute of limitations on medical liability claims
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Scope Expansion Vetoed in California
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Gov. Arnold
Schwarzenneger, (R)
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Heeding the concerns of The Coalition for Safe Plastic Surgery and many individual surgeons who contacted him, California Governor Arnold Schwarzenegger vetoed SB 1336. This legislation would have expanded the scope of practice of single degree (DDS) oral surgeons to allow them to perform elective cosmetic surgery of the head and neck. In his veto message, Governor Schwarzenegger noted his desire to "fully ensure the safety of California's consumers," and charged the Department of Consumer Affairs to conduct an occupational analysis of the Oral and Maxillofacial Surgeon profession to determine if they should be permitted an expansion of their scope of practice.
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New Jersey Chapter Fights Two New Unprecedented Taxes
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Paul LoVerme, MD, FACS,
NJACS Chapter President) |
In response to the enactment of two bills that impose new taxes on surgeons, the New Jersey Chapter has joined with other surgical organizations and the Medical Society of New Jersey to work for their repeal. The first bill imposes a 6 percent tax on gross receipts generated from cosmetic surgical procedures that are not "medically necessary" forcing the tax department to distinguish between elective cosmetic and medically necessary reconstructive procedures, which it is not equipped to do. There is also concern that patients seeking cosmetic surgery may go to Philadelphia or New York to receive this care. The second bill assesses a 3.5 percent tax on the gross receipts of ambulatory surgical centers not owned by hospitals and is intended to raise funds for uncompensated (charity) hospital care. These non-hospital affiliated centers provide quality surgical care in an efficient, cost-effective manner, and this tax could drive some of them out of business. Paul LoVerme, MD, FACS, President of the New Jersey Chapter, sent a news article (17K PDF) to all state newspapers in an attempt to educate the public on this issue.
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Ophthalmology Scores a Victory in Puerto Rico
The battle over the expansion in scope of practice of optometry heated up in Puerto Rico, with ophthalmology successfully blocking legislation in the Senate. P.C. 4476, which had passed the Puerto Rican House, would have permitted optometrists to prescribe any diagnostic, topical, or oral drug, as well as perform injection procedures. In addition, the optometry board would have been able to expand optometric scope of practice to include laser or cataract surgery.
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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
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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 September 23, 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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