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Final Push for Liability Reform in Washington State
With little more than a month to go, Washington surgeons and their physician colleagues are beating the bushes to drum up support for a medical liability reform ballot initiative. As reported in previous issues of ACS Cross Country, I-330 is going before the voters on November 8. Sponsored by Doctors, Nurses and Patients for a Healthy Washington, I-330--if approved--would allow the state to implement the following reforms:
- Impose a sliding scale on attorney contingency fees, returning a greater portion of settlements to patients.
- Cap noneconomic damage awards at between $350,000 and $1,050,000, depending on the number of individual and institutional defendants.
- Permit periodic payment of future damages.
- Speed settlements through voluntary arbitration agreements and a stronger mediation process.
- Allow juries to receive collateral source information.
- Modify joint and several liability to hold defendants accountable for their proportionate share of fault.
- Amend the statute of limitations for filing of a lawsuit to within three years of the occurrence of a claim.
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Not surprisingly, opponents of medical liability reform drafted their own initiative, which will also appear on the November 8 ballot. I-336 would allow the state to revoke the licenses of physicians who have accumulated three jury verdicts against them for preventable injuries within a 10-year period and ban secret settlements in liability cases. It would require a public hearing when medical liability insurers propose premium increases in excess of 15 percent, and establish a supplemental insurance fund for clinics, hospitals, and health care providers. Finally, I-336 would increase the number of public members on the state's Medical Quality Assurance Commission from 4 to 6.
To clarify the differences between the two initiatives and to urge the public to support I-330, a media campaign was launched in early August. The "Yes on I-330/No on I-336" tag line has been prominently featured in radio, television, and newspaper advertisements. A Web site devoted to this effort ( http://www.yesoni330.org) details important information on the medical liability crisis for both the public and physicians, and offers physicians the opportunity to order (or download) posters and other materials for their offices and their patients.
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Trauma System and Registry Created in Minnesota
After a 51-day special session and a partial government shutdown, which furloughed more than 9,000 state employees, the Minnesota legislature passed a balanced budget on July13. Included in the Health and Human Service's budget was a directive to enact a statewide trauma care system and registry. The Office of Rural Health and Primary Care will manage the initial implementation of this program, with a permanent "home" to be determined when implemented.
Although both chambers of the Minnesota legislature agreed on the need to create a trauma system, they were divided on the best way for it to be funded. The State House and Governor's version used General Revenue Funds; the Senate's increased hospital licensure fees are to pay for the administrative costs.
Ultimately the Senate's funding mechanism was included in the final legislation. The total amount needed to administer the program is codified in the legislation--approx $382,000 for year one and $352,000 for year two. Each hospital will pay the same base fee and a secondary fee per bed. The total income from both fees must equal the predetermined amount needed to administer the program. It is anticipated that both the base fee AND the per-bed fee will decrease from year one to year two as the total amount legislated to run the program will decrease.
The state of Minnesota has established a Webpage for complete information about the new program. For more information go to: http://www.health.state.mn.us/traumasystem/
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Wisconsin Medical Community Fights for Their Caps
As reported in the August issue of ACS Cross Country, Wisconsin's Supreme Court recently declared the state's 20-year-old cap on noneconomic damages unconstitutional. In response to the Supreme Court's ruling, the State Legislature has created a task force to address the repercussions that eliminating such a long-standing cap will create.
The Medical Malpractice Reform Taskforce is made up of five State Assemblypersons (including State Assembly Speaker John Gard) and five members of the public. The taskforce is charged with creating a new law enacting another cap on noneconomic damages with language that addresses the concerns of the Supreme Court.
The Wisconsin Medical Society has created a Web site to keep its members and the public at large educated about this important issue: http://www.wisconsinmedicalsociety.org/keepdocs/
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Supreme Court Asked to Enforce Fee Limits on Florida's Attorneys
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During Florida's 2005 legislative session, the legislature let stand Amendment Three, which Florida voters passed by 63.5 percent in November of 2004. The amendment limited attorney's fees to 30 percent of the first $250,000 in damages and to10 percent of damages greater than $250,000. However, trial lawyers have been getting around the law by asking their clients to sign waivers that allow higher fees than those stipulated in Amendment Three.
Supporters of Amendment Three are asking the Florida Supreme Court to enforce a strict interpretation of the amendment, forcing attorneys to collect fees based on the percentage guidelines permitted by the amendment. In their petition to the court, they argue that it is unethical for a lawyer to negotiate a higher fee from the client, thereby giving up their constitutional rights and violating a constitutional mandate overwhelmingly approved by the voters of Florida.
Comments and requests to participate in the oral argument had to be filed by September 30, 2005, and oral arguments will be heard on November 30, 2005. The case number is: SC05-1150.
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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 October 6, 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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