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Texas has passed a malpractice bill giving $250,000 cap per defendant on non-economic damages and a $750,000 cap for all defendants. The constitutional amendment passed by a 51-49 percent vote.
In Maryland, tort reform is coming to the legislature. This bill would cap non-economic damages and attorney's fees, as they are in California. Top
The Ohio specialty legislation is in trouble. The key legislator is asking for a compromise. He will not back the hospital position of prohibiting physicians from referring patients to specialty hospitals they own. He states they need time to study the potential problem and not just believe the hospitals or physicians. This fact-finding commission would be part of four other prongs. They are (1) a two year prohibition on referring patients to hospitals which they partially own, (2) this prohibition would not refer to any specialty now up or any that file notices of intent by September 26, (3) A two year moratorium on building new for-profit or non-profit specialty hospitals except if done on existing campuses, and (4) a two year prohibition on hospitals denying credentials to those physicians who have invested in specialty hospitals. Both sides are not happy with the proposed compromise.
In Georgia, a new committee controlled by the hospital association, is looking into the stopping of independent surgical centers. Top
The legislature continues to frustrate the Nursing labor union by refusing to punish hospitals who fail to put in the punitive staffing requirements. The only punishment now is a $50 per day fine. The union wanted a $5000 per day fine that would be sure to close hospital beds.
In another bill that passed and was signed by the Governor, it is now against the law for people to loiter in a hospital birthing center or maternity ward. This is to help prevent baby kidnappers.
The potentially soon to be ex-governor has been very busy signing bills before the October 7 recall vote. Some of the other health related bills he signed were AB 236 that forbids any person registered as a sex offender from being licensed as a physician in California. SB 151 removes Schedule II drugs from triplicate but there will be a new form devised for these drugs which of course will need to be purchased by the physicians. There were about 20 others, all initiated by the legislative Democrats, who are the basic cause of the expensive recall vote. Top
Florida has changed the payments for physicians doing Worker compensation. They had in the past lowered the payments to physicians so the experienced physicians dropped out of the program. They are now looking at the error of their ways and have passed a bill increasing fees to 110% of Medicare for medical services and 140% of Medicare for surgical fees. They hope that this will draw back the experienced physicians to the fold. The law also states that the physicians in the program must be up to date on levels of employability, length of disability, functional capacity evals and appropriateness of modified duty. The reason for all this is that a California study has shown that experienced physicians can treat more cases and a lower price. Top
The San Diego city council has voted 6-3 to provide ID cards for those using medical marijuana. They could have in possession one pound and grow 24 plants. Caregivers could have up to two pounds and grow 48 plants for up to four patients. The marijuana must be grown inside a locked area. The police are told to only detain holders of the cards long enough to verify and not to confiscate any of the plants. The police support the measure. The FDA representative stated that " There is no medical use for marijuana, period." He is wrong, period. 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.