In May, members of Physicians Insurance’s board of directors and executives met with several members of Congress and their staff, in conjunction with PIAA’s annual Capitol Hill Day in Washington, DC.
In each meeting, Physicians Insurance representatives focused on three primary issues: (1) enacting effective medical professional liability reforms; (2) protecting medical volunteers during disasters, and (3) addressing telemedicine liability issues. Each issue is summarized below.
1. EFFECTIVE MEDICAL PROFESSIONAL LIABILITY REFORM
Physician Insurance advocates that Congress should enact comprehensive reforms that would reduce the excessive burden the current liability system places on the health-care delivery system, result in promoting effective patient and health-care provider communications, and improve patient access to health care. Meaningful reforms have been adopted in several states and have been proven to promote timely resolution of claims in a fair and efficient manner, resulting in the reduction of litigation costs, stabilizing medical professional liability insurance premiums, and positively impacting consumer health-care costs.
Physicians Insurance supports PIAA’s push to enact proven reforms similar to California’s Medical Injury Compensation Reform Act (MICRA) that has been in effect for more than 30 years.
Meaningful reform components include:
- Full recovery of all economic damages
- Reasonable limit on noneconomic damages Sliding scale for legal contingency fees
- Collateral source rule, allowing evidence of outside payments to be admissible in court
- Ban on subrogation from collateral sources
- Statute of limitations of three years after the date of injury or one year after discovery of injury
- Periodic payment of future damages for awards consistent with the Uniform Periodic Payment of Judgments Act
- Legal protections for compassionate communications to allow health-care providers to express sympathy to patients and others following an adverse event
- Cooling-off period that allows for issues to be resolved timely and without litigation
- Certificate of merit process to verify that a claim is meritorious before it is filed
The House has passed similar legislation in previous years. However, the Senate has failed to enact meaningful reform legislation.
2. PROTECT MEDICAL VOLUNTEERS DURING DISASTERS
Congress should enact laws that provide limited civil liability protection across state lines to health-care workers who give volunteer care during federally declared disasters. Such laws will encourage medical volunteerism and ensure that federally declared disaster victims will have timely access to health care by professionally trained health-care providers.
3. ADDRESS TELEMEDICINE LIABILITY ISSUES
Congress should address telemedicine liability concerns as the availability of telemedicine services expands. Our nation’s healthcare system is experiencing tremendous growth in telemedicine services through a wide variety of technologies and across state lines. These technologies provide greater patient access to health-care services and promote quality medical specialty care, especially in rural and isolated regions. Addressing the liability issues of telemedicine, including the provision of telemedicine services across state lines, will encourage health-care providers to participate in this new model of care, and thus increase access to health-care services, particularly in underserved areas.
HOUSE REPUBLICAN TASK FORCE ON HEALTH CARE REFORM
Earlier this year, House Republican leadership announced the creation of the Task Force on Health Care Reform. The Task Force has been charged with developing an agenda for health-care reform with a focus on “patient-centered solutions that improve access, choice, and quality, lower costs, promote innovation, and strengthen the safety net for the most vulnerable.” Together with PIAA, Physicians Insurance will advocate for the inclusion in the Task Force’s recommended health-care reform agenda of meaningful and effective medical professional liability reforms that are proven to work and have demonstrated success.
From right to left: Dr. Leslie Struxness, member of the board of directors;
Rick Nauman, Vice President Underwriting; Anne Bryant, Senior Director of
Government Relations; WA State Representative Cathy McMorris Rodgers (R-
5); Dr. Brian Wicks, member of the board of Directors; Les Stephens.
From right to left: Anne Bryant, Senior Director of Government Relations;
Les Stephens; WA State Representative Derek Kilmer (D-6); Dr. Brian Wicks,
member of the board of directors; Kate Wicks; Dr. Leslie Struxness; Rick
Nauman, Vice President of Underwriting
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PIAA is the leading national insurance trade association in the medical professional liability arena that advocates on federal and state regulatory, legislative, and National Association of Insurance Commissioners (NAIC) issues. Anne Bryant, Physicians Insurance’s Senior Director of Government Relations, is the newly elected Chair of PIAA’s Government Relations Committee. For more information about PIAA, please visit www.piaa.us
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For more information on Government Relations contact Anne@phyins.com
_______________________________________________________________________________
PIAA is the leading national insurance trade association in the medical professional liability arena that advocates on federal and state regulatory, legislative, and National Association of Insurance Commissioners (NAIC) issues. Anne Bryant, Physicians Insurance’s Senior Director of Government Relations, is the newly elected Chair of PIAA’s Government Relations Committee. For more information about PIAA, please visit www.piaa.us
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For more information on Government Relations contact Anne@phyins.com