ASA Attends National Conference of State Legislatures’ Annual Meeting

Lisa Percy, J.D., Manager
State Legislative and Regulatory Affairs


or its fifth year, ASA participated in the Physicians Advocating for Patients exhibit booth at the National Conference of State Legislatures (NCSL) Annual Meeting in Seattle, Washington, on August 16. The exhibit booth also included representatives of the American Medical Association, American Academy of Family Physicians, American College of Surgeons, the American Academy of Otolaryngology-Head and Neck Surgery, American Academy of Pediatrics, American College of Cardiology, American College of Obstetricians and Gynecologists, American Society of Plastic Surgeons, American Osteopathic Association, American Academy of Ophthalmology and the Washington State Medical Association (WSMA).

NCSL’s Annual Meeting provides ASA with an opportunity to increase the visibility of anesthesiologists and to educate state legislators about the achievements in patient safety as well as other issues facing physicians. Anesthesiologists participating on behalf of the Washington State Society of Anesthesiologists (WSSA) included Peter J. Dunbar, M.D., Mark F. Flanery, M.D., and L. Charles Novak, M.D.

The Annual Meeting’s venue in Seattle provided an opportunity for representatives of WSMA and WSSA to discuss the tort reform ballot initiative I-330. Washington voters will have an opportunity to vote on I-330 on November 8, 2005. I-330, modeled after California’s Medical Injury Compensation Reform Act law, would place a $350,000 to $1,050,000 cap on noneconomic damages, depending upon the number of individuals and institutional defendants.

It also would place the following limitations on attorney fees: 40 percent of the first $50,000 recovered; 33 1/3 percent of the next $50,000 recovered; 25 percent of the next $500,000 recovered; and 15 percent of any amount over $600,000. I-330 would eliminate joint and several liability to ensure that defendants are only liable for their proportionate share of fault.

The ballot initiative also would allow for voluntary arbitration agreements and periodic payment of future damages that exceed $50,000. Juries would be informed of all other sources of prior and future payments to the injured patient. Additional information is located at <www.yesoni330.org>.

The trial attorneys have placed an initiative on the ballot, I-336, as well. Included in the provisions is the requirement that the Department of Health investigate any health care professional with three paid claims within the most recent five-year period that had indemnity paid in excess of $50,000. Existing law requires liability carriers to report when there are three paid claims of any amount in a five-year period. I-336 also would increase the number of public members on the Medical Quality Assurance Commission (MQAC) by two; four consumer members currently serve on MQAC.

Additionally MQAC would be required to revoke a physician’s license if the physician has had three or more incidents of medical malpractice in a 10-year period found in a final judgment by a court of law. I-336 would require physicians and other providers to disclose to a patient or an immediate family member of a deceased or disabled family member all information regarding an “adverse medical event.”

Medical Litigation Reform
Illinois Governor Rod Blagojevich signed S.B. 475, which provides for a $500,000 cap on noneconomic damages for physicians and $1 million for hospitals. Among other provisions, S.B. 475 strengthens the expert witness standards and excludes from court “I’m sorry” statements made within 72 hours of the discovery of the outcome/error.

Office-Based Surgery
The New York State Health Department plans to reconvene the Committee on Quality Assurance in Office-Based Surgery to study and recommend improvements in safety and outcomes in response to recent adverse incidents in the office setting. Established in 1997, the committee developed office-based surgery guidelines that were adopted by the Department of Health in 2000 and upheld by New York’s highest court last year.