Legislative Update
The UMGMA strives to keep its membership involved and abreast of current legislative issues affecting medical practice management.
Legislative Liaison - Scott Barlow, Central Utah Clinic.
(Articles below reprinted by permission from MGMA Washington Connexion)
Medical Group Management Association, Government Affairs Department.
www.mgma.com, govaff@mgma.com
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Senate Bill 79 - ER Malpractice Bill
TALKING POINTS:
Please contact your State Senator, as soon as possible, and ask for them to support SB79. This bill raises the standard of liability for care provided by any physician in a hospital Emergency Department. Below is some basic information and talking points related to objections:
Bill has two components: 1. Raises the standard of liability from “preponderance of evidence” (51% or more belief that the actions caused harm) to “clear and convincing evidence” – a higher standard. Some will say to a level of impossibility, but this standard is halfway between “preponderance” and “beyond a reasonable doubt” – the criminal standard. 2. Gives department of professional licensing (DOPL) oversight over professional witnesses if they are found to not “stick to the science” to be barred from being able to testify regarding standards of care. This will raise the credibility of professional witnesses in a case.
Objections and response: 1. “Will make it harder to sue” – nothing to do with suing but a higher standard to win. 2. “Why a higher standard for ER’s?” a. Federal law requires that no patient can be turned away EMTALA b. Treatment is done with limited information – history, allergies, medications, etc. c. Care often requires quicker assessments and judgments to be made than in a traditional setting d. Many specialties are reducing or refusing to cover the ER. Evidenced by the rise in coverage stipends being paid to keep MD’s coming. 3. “Not enough suits involving ER’s to justify this bill” – trial lawyers claim only 2 suits in 2007 and 0 in 2008. They only pulled data specifically naming the ER. UMIA data shows 27 claims filed in 2007 and 42 in 2008. This does not include any claims for MD’s not insured by UMIA of those who self insure (U of U, IHC, HCA). 4. “Allows bad MD’s to move to ER’s for protection” – does nothing to change standards of care and licensing oversight for MD’s. Bad MD’s not protected by this bill.
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