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The Kentucky Senate killed by two votes a state constitutional amendment that was required to allow legislators to cap non economic damages. Due to some political maneuvering the bill may be returned to the floor again when the two Democrats who were willing to pass the bill are now willing to change their votes from "pass" to "yes".
A Republican in the Kentucky Legislature has proposed a compromise. He wants to drop the caps and change the state constitution to allow malpractice claims to be screened by a review panel before they can go to trial. The problem is the physician legislator is a dumb politician. He did not clear his proposal with the legislator whose bill he wanted his amendment to piggy back on.
The Arizona Medical Assn. has pulled a ballot measure off the 2006 ballot to cap non economic damages and other tort reform. They don't feel they have enough votes as yet. The constitution prohibits the legislature from enacting such bans.
Wisconsin continues to try to pass caps on non economic damages. After being in place for many yeas the Democratic controlled Supreme Court overturned them. Then the legislature passed them again last year but the Democratic Governor vetoed the legislation. The legislature has again passed a bill by a greater than 2/3 majority that would override any veto.
Tennessee is going to consider a bill drafted by the TMA that would not allow discovery far afield from the clinical problem. The problem is many different proponents have come to the table with their own agenda for change, some of which are taking away politicians who would vote for the bill. They need to get their ducks in a row. Top
It is fortunate that almost all the fanatical extreme left wing liberals live in congregated places such as San Francisco and the People's Republic of Massachusetts. Those on the East Coast in the People's Republic are still trying to bankrupt their state by having universal health coverage without realistic funding. They hope to fund the deal with higher cigarette and payroll taxes. I have no problem with cigarette taxes but it is not realistic to believe that will be even close to enough. I have a major problem with an increase on payroll taxes unless those taxes are paid by the employees and not the employers. Some groups in the Republic are attempting to get this on the ballot without the thought that needs to be given to the law of unintended consequences. In the meantime the Republic's Parliament continues to consider a bill that would force all companies with over 10 employees to either pay for health insurance or pay $295 a year for each employee. This is a great incentive to stop paying for any employer healthcare and just pay the money. Much cheaper.
The Parliament rejected the Governor's attempt to inject some sanity to the Massachusetts' bill to eliminate a $62 fee per worker on those companies that already give health care insurance and reduce the $295 per worker for those who will not insure their workers. The Governor is now going to be in a bind whether to keep his word of no new taxes (this is called an assessment, but is a tax) and veto the bill or allow it to become law against his beliefs. The other thing in the proposed legislation is a mandate that all have insurance. The main reason for the bill is to continue to receive $385 million from the feds.
CMS is planning to disclose what they pay hospitals and physicians for many routine medical procedures. This is good since the public can see how stingy the government really is. Top
Say it ain't true! The legislatures of Virginia and New Jersey are considering bills making attorney malpractice insurance mandatory. The New Jersey bill would be a minimum of $100,000. The Virginia bill just asks for a study and if necessary either requiring insurance or creation of a compensation fund. In Tennessee, if an attorney would advertise he/she would have to disclose whether or not they had insurance and what thee amounts are. Top
In Georgia the physicians are fighting a bill in the legislature that would allow non physicians to prescribe, diagnose injuries and care for illnesses. This is being backed by chiropractors, optometrists, nurse practitioners, physician therapists, psychologists and audiologists. The result of this turf war should be interesting. Is it better to allow unlicensed people practice or is the access for the underserved more important? Top
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.