ADOPTED HOUSE AMENDMENTS
WEDNESDAY, FEBRUARY 25, 2004
HB0111H3001/A
Delete the Simpson second reading amendment (HB0111H2002/A) entirely; further amend as follows:
Page 4-line 18 After "Parkway" insert ".".
Page 4-lines 19 through 21 Delete all new language; strike all existing language.
Page 4-line 22 Strike "Parkway."; delete "either" reinsert stricken "a".
Page 5-line 20 After "Parkway" insert "."; delete "and".
Page 5-lines 21 through 24 Delete all new language; strike all existing language. POWERS, BAKER
HB0204H3002/A
Delete the standing committee amendment (HB0204HS001/A) entirely.
Delete the Simpson et al., committee of the whole amendment (HB0204HW001/A) entirely.
Delete the Simpson et al., second reading amendment (HB0204H2001/A) entirely.
Delete the Cohee second reading amendment (HB0204H2002/A) entirely.
Delete the Osborn second reading amendment (HB0204H2003/AC) entirely.
Delete the Simpson second reading amendment (HB0204H2004/A) entirely.
Delete the Osborn third reading amendment (HB0204H3001/A) entirely.
Further amend as follows:
Page 1-line 1 After "noneconomic" insert "compensatory".
Page 1-line 3 Delete "proving" insert "providing".
Page 1-line 4 Delete "excessive" insert "excess"; after "noneconomic" insert "compensatory".
Page 1-line 7 Delete "providing an appropriation;" insert "requiring notice of actions and approval of the attorney general as specified; requiring information from insurers; limiting payments as specified; providing appropriations; providing for reinsurance; providing for an actuarial study;".
Page 2-line 24 After "noneconomic" insert "compensatory".
Page 3-line 2 After "To" insert "attract and".
Page 3-line 3 After "physicians" insert ", particularly physicians with critical medical practice specialties,".
Page 3-line 9 After "assistance;" insert "reinsurance;".
Page 3-line 23 After "any" insert "settlements or"; delete "for" insert "specifying".
Page 3-line 24 After "noneconomic" insert "compensatory".
Page 4-line 1 After "($350,000.00)" insert "up to a maximum payment of six hundred fifty thousand dollars ($650,000.00)".
Page 4-line 4 Delete "assistance" insert "payments".
Page 4-line 9 Delete "five (5)" insert "four (4)"; delete "and".
Page 4-line 12 After "contract" delete balance of line and insert ", as provided in paragraph (vi) of this subsection;".
Page 4-lines 13 through 16 Delete entirely.
Page 4-After line 16 Insert:
"(iii) To notify the attorney general if any claim is made or any action is filed against the physician alleging medical injury caused by the physician which may result in a settlement or final judgment award with noneconomic compensatory damages in excess of three hundred fifty thousand dollars ($350,000.00);
(iv) To allow the attorney general to participate in any action, including any settlement negotiations, that may occur as a result of any claim made as specified in paragraph (iii) of this subsection;
(v) To maintain primary insurance coverage in each specialty area the physician will practice under his agreement with the state; and
(vi) To provide medical care for the period of the contract in underserved areas of the state and to accept patients qualified under the Medical Assistance and Services Act and the child health insurance program who seek medical care which the physician is qualified to provide.
(c) The department of health, in consultation with the state board of medicine, shall determine which areas of the state are underserved and which medical specialties are most needed in each underserved area. The department shall rank the cities, towns and counties of the state based on numbers of physicians, specialty practice areas available within the area and the number of persons enrolled in the Medical Assistance and Services Act and the children health insurance program, with highest priority given to areas with the most need based on that criteria. The department shall provide the information to the attorney general who shall consider that information and available funds in the noneconomic medical damages payments account in determining whether to enter into a contract with a physician under this section.".
Page 4-line 18 Delete "(c)" insert "(d)"; after "may" insert ": (i)".
Page 4-line 21 Delete "(i)" insert "(A)".
Page 5-line 1 Delete "(ii)" insert "(B)".
Page 5-line 2 Delete "for not less than one (1)" insert "at least seventy percent (70%) of any contract"; after "year" insert ", or any physician practicing medicine only in Wyoming on a less than full-time basis,".
Page 5-After line 3 Insert:
"(ii) Participate in actions, including settlement negotiations in any action, of which he has received notice under paragraph (b)(iii) of this section.".
Page 5-line 5 Delete "(d)" insert "(e)".
Page 5-line 6 After "." insert "Subject to other provisions of this section,".
Page 5-line 8 After "judgment" insert "or settlement"; after "noneconomic" insert "compensatory".
Page 5-line 11 Delete "may" insert "shall".
Page 5-line 12 After "noneconomic" insert "compensatory".
Page 5-line 14 After "." insert "In any contract entered into under this section, the attorney general shall not pay more than six hundred fifty thousand dollars ($650,000.00) in noneconomic compensatory medical damages for any one (1) claim. If a claim under this section includes an award for noneconomic compensatory medical damages in excess of the maximum amount the attorney general is authorized to pay for that claim under this section, the physician shall remain liable for the amount of the award over that maximum.".
Page 5-After line 14 Insert:
"(f) The attorney general may use funds from the account to purchase reinsurance as deemed prudent to minimize expenditures under this section.".
Page 5-line 16 Delete "(e)" insert "(g)".
Page 5-line 19 After "." insert "Any noneconomic compensatory damages that may be attributable to medical treatment provided by a physician deemed to be in default of an agreement with the state at the time of the treatment shall not be eligible for payment from the account created by this section, regardless of the amount of the final judgment or settlement.".
Page 5-line 20 Delete "shall" insert "may"; delete "recoup" insert "recover".
Page 5-line 22 After "were" insert "incorrectly".
Page 6-line 15 Delete "five (5)" insert "four (4)".
Page 6-line 21 After "3." insert "(a)".
Page 7-line 2 Delete "9-2-126(d)" insert "9-2-126(e)".
Page 7-After line 3 Insert:
"(b) There is appropriated from the general fund fifty thousand dollars ($50,000.00) for the insurance department to conduct an actuarial study to consider the benefits of reinsurance and to estimate the anticipated annual cost and terms of reinsurance under this act.". SIMPSON
HJ0002H3003/A
Page 2-line 15 After "Limit the" insert "maximum".
Page 2-line 17 After "injury" insert "to an amount not less than three hundred thousand dollars ($300,000.00)".
Page 4-line 9 After "the" insert "maximum". NICHOLAS, SIMPSON
SF0006HW001/AE
[TO ENGROSSED COPY]
Page 9-line 1 Delete "Thirty-five million dollars ($35,000,000.00)" insert "Twenty-four million five hundred thousand dollars ($24,500,000.00)".
Page 9-line 4 After "." insert "To the extent 2004 House Bill 0001, as enacted into law, appropriates any funds to the community college endowment challenge fund as created under section 1 of this act, the appropriation in this section shall be reduced by the amount of the appropriation in 2004 House Bill 0001.". NICHOLAS
SF0049HS001/A
Page 3-line 13 Delete "Twenty million dollars ($20,000,000.00)" insert "Fourteen million dollars ($14,000,000.00).".
Page 3-line 17 After "21-16-904." Insert "To the extent 2004 House Bill 0001, as enacted into law, appropriates any funds to the university endowment challenge account established under W.S. 21-16-903, the appropriation in this section shall be reduced by the amount of the appropriation in 2004 House Bill 0001.".
Page 3-line 19 Delete "subsection" insert "section". NICHOLAS, CHAIRMAN