April 1, 2007  Legislation

Marijuana

Malpractice

Insurance

Right to Die

Marijuana

In spite of pressure from the administration, New Mexico's Governor signed the bill legalizing medical marijuana in the state.  This was risky for the Governor to do since he is one of the front runners for the presidency.  He said he knew it was risky but it was the right thing to do.        Top

Malpractice

In Georgia, currently ED physicians can only be sued for gross negligence.  There is some move afoot in the Legislature to revisit the statute.  The problem is it opens up a Pandora's Box for the Trial Lawyers to try to reverse the good work of two years ago putting in med mal reform.  It hopefully will die in committee.

Illinois is back in the news.  A state House subcommittee are looking at a law that would have a required hearing on the merits of any expert witness, not just in the med mal arena.  The physicians are for the suit since they believe that many experts use "junk science" and that spurs frivolous law suits.        Top

Insurance

The People's Republic of Massachusetts universal health plan may be on hold.  The insurers and business want a delay of two years in the implementation.  As of now all state residents must have insurance by July of this year.  The staff recommends a delay of 18 months. The businesses won the full two year delay.  Those people in the state who have employer insurance will need to purchase upgrades to get the level of insurance mandated.  They will not be happy campers.   

The Board in charge of the program has mandated the use of prescription coverage.  There will be a $250 deductible for the coverage.  This will add about 5-10% to the cost of the required plan.  

CMS has proposed a cap on physician payments to the actual cost of providing a service.  This would save the feds money in matching funds.  The Congress and Senate are both opposed.

Congress' Democrats are against health saving accounts and want to roll back any expansion of the program.  They just don't like individual control.    Top

Right to Die

The Virginia Governor has signed legislation to allow teenagers 14 or older to refuse medical treatments for diseases such as cancer and get alternative medical therapy.  The teen and the parents must have considered conventional therapy.        Top

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.