September 15, 2005 Legislation
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Missouri has just passed and the Governor signed a law giving some tort relief to those practicing medicine. Then, two weeks later the legislature and the Governor get together to have a law allowing Parents and guardians to sue and get punitive damages against anyone the abets the abortion of any minor without parental consent. Apparently, they don't see the dichotomy in the two positions. Top
The Washington State Supreme Court has allowed the ballot measure that would cap damages to remain on the ballot. It was challenged by some families that stated that it was unconstitutional and that capping attorney fees was illegal as well. They lost on all counts. If the ballot measure passes the med mal attorneys will again challenge the measure as they state the Washington constitution states that juries shall award damages. Another measure on this ballot is one that would mandate a state run malpractice insurance program and any physician with more than three incidents could get their license revoked. To date almost $8 million has been raised for both initiatives. The Washington Trial Attorneys have been accused and are under investigation for funneling dues to fund their initiative. Top
California has forfeited $90 million by not moving 554,000 elderly blind and disabled persons into managed care. The legislature and Governor agreed on the new federal funding but did not agree on the mangled care issue. The state could lose even more if the people are not placed in the mangled care system. The Governor wanted them moved but the Democratic legislature wanted the people to stay where they were in a fee for service system.
Minnesota will stop funding Medicaid circumcisions or impotence drugs. They also will require prior authorization for non emergency test or surgery. It has already stopped covering sex change surgery and will stop paying for emergency room visits for non urgent reasons. This will be terrible for the hospitals. 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.