|
January 27, 2010
Inside the Capitol is a monthly electronic newsletter for Wisconsin Academy of Family Physicians (WAFP) members who are interested in legislative issues. Please contact the WAFP office if you have comments or suggestions.
State Senate Passes Bill to Expand Medical Liability Claims
After many years of debate that has overlapped several legislative sessions, the State Senate passed legislation earlier this month to expand claims for loss of society and companionship in medical liability cases.
Originally scheduled to be voted on by the Senate in October, Senate Bill 203 was delayed due to a lack of necessary support to pass the measure. While the Senate did eventually approve the bill – albeit with a very slim majority – the Wisconsin Academy of Family Physicians (WAFP) should be proud of their grassroots efforts. Over 100 members contacted their Senators to urge them to vote against SB 203.
SB 203, would allow parents of adult children to make a claim for loss of society and companionship in medical liability cases. Additionally, it would allow adult children to sue for the loss of society and companionship for their parents in medical liability cases.
The WAFP officially opposes the legislation, as it would effectively erode the Wisconsin medical liability climate and provide trial attorneys another avenue to sue physicians. As a result, SB 203 would not only drive-up liability insurance rates, but also the overall cost of health care. It would also serve to exacerbate Wisconsin’s current shortage of primary care physicians.
Current law already provides the means for individuals to file claims against health care providers in medical liability cases. There simply is no rational need for this legislation.
The bill will now be sent to the State Assembly, where it will face strong opposition from a large number of legislators.
As Senate Bill 203 continues to move through the legislative process, the WAFP has once again asked members to contact their legislators and urge them to oppose this ill-advised legislation. If you have not already done so, please contact your legislator today using the Speak Out tool.
Your participation in the political process is vital in the WAFP’s effort to stop an unnecessary bill that will lead to more lawsuits, drive up health care costs and increase your liability insurance rates. Your help is needed to make an impact.
Thank you for your advocacy efforts on behalf of Family Medicine.
Back to Top
WAFP Legislative Committee Continues to Keep an Eye on Health Care Legislation
The WAFP Legislative Committee enters 2010 with a continued commitment to thoroughly review and track legislative proposals that could impact Family Medicine in Wisconsin.
Since the last edition of
Inside the Capitol,
the Legislative Committee has combed through a flood of health care-related legislation. From a bill that would legalize medical marijuana to heath care cost transparency legislation, the Committee has diligently reviewed and recommended a position on the following bills:
1. Assembly Bill 590 – Religious Exemption Bill
Under current law, an individual cannot be found guilty of physical abuse of a child solely because they provide spiritual treatment in lieu of medical treatment. Assembly Bill 590 would eliminate this exception in current law.
Current law also states an individual who elects Christian Science treatment in lieu of medical treatment for the cure of disease may not be forced to receive medical care. Assembly Bill 590 would eliminate this exemption for children and apply the provision only to adults.
WAFP Position: Support
2. Assembly Bill 653 / Senate Bill 466 – STD Prescription Legislation
Under AB 653 / SB 466, a physician would be authorized to prescribe to their patient an antimicrobial drug to be used by a sexual partner of the patient to treat a chlamydial infection, gonorrhea, or trichomoniasis. Prescribing physicians would not be required to physically examine the sexual partner. The bill would define this practice as “expedited partner therapy.”
Additionally, the bill requires any prescription order for the sexual partner of a physician’s patient to include the name and address of the patient’s partner (if known) or the words “expedited partner therapy” in boldface capital letters.
Lastly, the legislation would exempt a physician who provides “expedited partner therapy” from civil liability for injury to or the death of a patient’s sexual partner unless an act or omission of the physician involves reckless or intentional misconduct.
WAFP Position: Support
3. Senate Bill 313 / Assembly Bill 620 – The School Nutrition Bill
Under the SB 313 / AB 620, beginning in the 2012-13 school year, all public, charter and private schools would be required to follow certain requirements for food sold outside of federally reimbursed USDA meal programs, including:
• No more than 30% of total calories from fat – except for the sale of nuts & seeds.
• No more than 10% of total calories from saturated fat.
• The consumption of fruits, vegetables and whole grains shall be encouraged.
• Soft drinks and candy MAY NOT be sold in vending machines on school grounds.
• During school hours, only milk, water and 100% fruit juice may be sold.
• Soft drinks and candy
(not
dispensed by a vending machine) may be sold on school grounds, but
only a half hour after the end of the school day.
• School fundraising that involves the sale of food is encouraged to follow the above-mentioned nutrition guidelines.
In addition, the legislation would require all public, charter and private schools to annually assess the physical fitness of students in grades 3 through 12.
WAFP Position: Support
4. Senate Bill 451 – Nurse-Midwife Bill
Under SB 451, which is being pursued by the WI Association of Certified Nurse Midwives, current law would be modified as it relates to the practice of nurse-midwifery.
The Legislation would do the following:
• Eliminate the current requirement for a licensed nurse-midwife to collaborate with and enter into a written agreement with a physician. Instead, under the bill, if a licensed nurse-midwife discovers evidence that care is jeopardizing the health or life of a newborn or mother, they must consult with a qualified health care professional or make a referral.
• Allow nurse-midwives to elect
to be subject to the state’s health care liability statutes and gain access to the Injured Patient’s and Family’s Compensation Fund. This provision would not be mandatory.
• Authorize hospitals to grant admitting privileges to Certified Nurse-Midwives.
WAFP Position: Opposed
The WAFP Legislative Committee and lobby team will continue to closely track these bills and all other health-care related proposals as the remainder of the legislative session unfolds. Members can also track bills the Academy is lobbying for and against by visiting the WI Government Accountability Board website.
Back to Top
The Feds Could Bail Out Wisconsin's Medicaid Program
By Shawn Johnson, Wisconsin Public Radio
MADISON (WPR)
Gov. Jim Doyle says he expects Congress will help Wisconsin patch what could be a billion dollar hole in its Medicaid budget.
Part of Wisconsin's Medicaid budget shortfall was actually planned. The budget the governor signed back in June was only balanced because it assumed the state Department of Health Services would find $600-million in savings. The Department's plan would find that money in part by cutting reimbursement rates to pharmacists who treat Medicaid patients and by kicking a big piece of the shortfall until the next budget.
But because enrollment in Medicaid shot up more than anticipated, the program's budget hole could grow by hundreds of millions of dollars more. Doyle says that could require more cuts to hospitals and pharmacists, but he expects Congress will provide more money to help states with Medicaid. He says if Congress provides money for an additional six months that will take care of Wisconsin’s Medicaid issue.
Medicaid's budget is regularly in deficit and has grown faster than any other state program over the past decade. Critics suggest that's evidence that Medicaid needs an overhaul. But Doyle says he's not worried about some kind of collapse. He says people have been telling him Wisconsin’s Medicaid program will collapse over the last eight years, and it’s held up well as a national example of what a state can do.
More than a million Wisconsin residents are now enrolled in Medicaid in one form or another. That means almost 1 in 5 has a stake in the program.
Back to Top
Why Are Campaign Contributions Important to the Future of Family Medicine?
Trial lawyers give hundreds of thousands of dollars to legislative candidates who support their views on tort litigation, medical liability caps and other measures that help line their pockets at your expense -- such as Senate Bill 203 which could significantly expand medical liability claims for loss of companionship and society.
The Wisconsin Academy of Family Physicians needs to match the trial lawyers' investment in the political process to defeat measures like SB 203 and advocate for legislation that benefits you and your patients. You can play an important role in that investment by participating in the WAFP's campaign contribution program, the Legislative Involvement Fund.
Contributing through the Legislative Involvement Fund is one of the most effective ways to help decide who shapes health care policy in Madison. When you participate in the Fund, you control which candidates receive your campaign contributions. You also help the WAFP show support for candidates who share our views on health care policy.
For the 2010 election year, the WAFP goal is to raise and distribute $20,000 in campaign contributions through the Legislative Involvement Fund to expand our voice in Madison. You can help reach that goal and influence the future of Family Medicine in Wisconsin by establishing an account in the Fund.
Learn more about the benefits and results of political giving and how to sign up for a Legislative Involvement Fund account.
 
.jpg) .jpg)
Back to Top
|
