|
H.B. No. 0204 |
Excess medical
noneconomic damages. |
Sponsored
By: Representative(s) Simpson, Buchanan,
Esquibel, Harshman, Hinckley, Nicholas, Parady, Reese and Ross and Senator(s)
Coe, Decaria and Vasey
AN
ACT relating to noneconomic medical damages payments; creating the noneconomic
medical damages payments account; proving legislative findings and purposes;
authorizing payments of excessive noneconomic medical damages awards against
physicians as specified; requiring agreements; providing requirements;
specifying duties of attorney general; providing an appropriation; and
providing for an effective date.
02/11/2004 Bill Number Assigned
02/11/2004 H Received for Introduction
02/13/2004 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards,
Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley,
Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Landon, Latta, Law, Luthi,
Martin, McMurtrey, McOmie, Meyer, Miller, D., Morgan, Nicholas, Olsen, Parady,
Petersen, Powers, Prosser, Reese, Robinson, Ross, Simpson, Slater, Thompson,
Walsh, Warren and Wasserburger.
Nays: Representative(s) Anderson, R., Baker,
Jones, Jorgensen, Lockhart, Meuli, Osborn, Philp, Semlek and Wostenberg.
Excused:
Representative(s) Tipton
Ayes
49 Nays 10 Excused
1 Absent 0 Conflicts 0
02/19/2004 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Buchanan, Olsen, Petersen, Reese and Simpson
Nays: Representative(s) Landon
Ayes
8 Nays 1 Excused 0 Absent
0 Conflicts 0
02/19/2004 H Placed on General File
02/19/2004 H Rereferred to H02
02/19/2004 H02 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Jones, Luthi, Meuli,
Nicholas, Philp and Warren
Nays: Representative(s) Jorgensen
Ayes
6 Nays 1 Excused 0 Absent
0 Conflicts 0
02/20/2004 H Placed on General File
HB0204HS001/ADOPTED
Page 3-line 2 After "To"
insert "attract and".
Page 4-line 9 Delete "five (5)"
insert "three(3)".
Page 4-line 12 After
"contract" insert "." and delete balance of the line.
Page 4-lines 13
through 16 Delete entirely.
Page 5-line 2 Delete "for not
less than one (1)" insert "at least seventy percent (70%) of any
contract". SIMPSON, CHAIRMAN
HB0204HW001/ADOPTED
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 After "general;"
insert "requiring notice of actions and approval of the attorney general
as specified; requiring information from insurers; limiting payments as
specified;".
Page 2-line 24 After
"noneconomic" insert "compensatory".
Page 3-line 23 After "any"
insert "settlement or"; delete "for" insert
"specifying".
Page 3-line 24 After
"noneconomic" insert "compensatory".
Page 4-line 9 Delete
"and".
Page 4-line 12 In the standing
committee amendment (HB0204HS001/A) to this line, delete "." insert
"; and".
Page 4-Before line 18 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).".
Page 4-line 18 After "may"
insert ": (i)".
Page 4-line 21 Delete "(i)"
insert "(A)".
Page 5-line 1 Delete
"(ii)" insert "(B)".
Page 5-After line 3 Insert:
"(ii) Participate in
settlement negotiations or intervene in any action of which he has received
notice under paragraph (b)(iii) of this section."
Page 5-line 7 After
"into" insert ", and is in compliance with the terms of,".
Page 5-line 8 After
"noneconomic" insert "compensatory".
Page 5-line 12 After
"noneconomic" insert "compensatory".
Page 5-line 14 After "."
insert "Any injury that resulted in a settlement or final judgment
containing an award for noneconomic compensatory damages in excess of three
hundred fifty thousand dollars ($350,000.00) as a result of medical treatment
provided by a physician while the physician was in compliance with the terms of
an agreement with the state may be paid by the attorney general from the funds
within the account created by this section.".
Page 5-After line 14 Insert:
(e) If the attorney
general is not notified of, or allowed to intervene in, any action for medical
damages filed against a physician who has a contract with the state under this
section which results in a settlement or final judgment award with noneconomic
compensatory damages in excess of three hundred fifty thousand dollars
($350,000.00), the attorney general may deny payment for any noneconomic
compensatory damages from the account created by this section. No proposed
settlement offer containing an award with noneconomic compensatory damages in
excess of three hundred fifty thousand dollars ($350,000.00) in which the
attorney general intervenes may be entered into or accepted, unless:
(i) The attorney general
consents to the proposed settlement agreement; or
(ii) The insurer
providing coverage for a physician who has a contract with the state under this
section:
(A) Offers to settle a
claim containing a noneconomic compensatory damage award in excess of three
hundred fifty thousand dollars ($350,000.00);
(B) Provides information
of the proposed settlement agreement specifying the amount of the award that is
attributable to direct economic damages, punitive damages and noneconomic
compensatory damages; and
(C) The attorney general,
after reviewing the proposed settlement agreement, agrees to and approves the
proposed settlement agreement.".
Page 5-line 16 Delete "(e)"
insert "(f)".
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 Reinsert stricken
"three (3)"; delete "five (5)".
SIMPSON, NICHOLAS, ROSS
02/20/2004 H Passed CoW
HB0204H2001/ADOPTED
Page 1-line 7 Delete
"appropriation;" insert "appropriations; providing for
reinsurance; providing for an actuarial study;".
Page 3-line 9 After
"assistance;" insert "reinsurance;".
Page 5-Before line 16 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 the Simpson, et
al committee of the whole amendment (HBO204HW001/A) to this line entirely.
Page 5-line 16 Delete "(e)"
insert (g)".
Page 6-line 21 After "3."
insert "(a)".
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.".
Renumber as necessary.
SIMPSON, BUCHANAN, OLSEN
HB0204H2002/ADOPTED
Page 4-line 1 After
"($350,000.00)" insert "up to a maximum payment of six hundred
fifty thousand dollars ($650,000.00)".
Page 5-line 14 After the Simpson et
al., committee of the whole amendment (HB0204HW001/A) to this line, 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 the
maximum that may be paid by the attorney general.". COHEE
HB0204H2003/ADOPTED (CORRECTED COPY)
Page 1-line 7 Before
"and" insert "requiring a study and report; making
implementation of the program subject to further legislative action;";
after "for" delete "an".
Page 1-line 8 Delete
"date" insert "dates".
Page 3-line 3 After
"physicians" insert ", particularly physicians with critical
medical practice specialties,".
Page 5-line 3 After
"section" insert ",
unless the physician is practicing medicine only in Wyoming and only at
a less than full-time capacity".
Page 7-After line 3 Insert:
"Section 4.
(a) The Wyoming
health care commission shall conduct, or cause to be conducted, an economic
study and analysis of the costs and benefits to the state and its citizens
provided by this act. The commission
shall report its findings to the joint labor, health and social services
interim committee no later than October 1, 2004.
(b) The attorney general
shall not enter into any contract authorized under W.S. 9-2-126 as created by
this act until the report required by this section is considered by the joint
labor, health and social services interim committee and the legislature has
taken further action in the 2005 general session authorizing the attorney
general to implement this act.".
Page 7-line 5 Delete "4."
Insert "5.".
Page 7-line 6 Delete
"2004" insert "2005".
Page 7-line 9 Delete entirely and
insert:
"Section 6.
(a) Except as provided in subsection (b) of this
section, this act is effective July 1, 2005.
(b) Section 4 of this act
is effective immediately upon completion of all acts
necessary for a bill to become law as provided by Article 4, Section 8 of the
Wyoming Constitution.". OSBORN
HB0204H2004/ADOPTED
Page 3-line 3 After
"physicians" insert ", particularly physicians with critical
medical practice specialties,".
Page 4-line 12 After
"contract" insert ", as provided in subsection (d) of this
section".
Page 5-line 3 After
"section" insert ", unless the physician is practicing medicine
only in Wyoming and only at a less than full-time capacity".
Page 5-Before line 5 Insert:
"(d) As part of the
agreement required under paragraph (b)(ii) of this section, a physician shall
agree to provide medical care for the period of the contract in underserved
areas of the state and shall 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. 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 provide the information
to the attorney general who shall consider that information in determining
whether to enter into a contract with a physician under this section.".
Page 5-After line 14 In the Simpson et al.,
committee of the whole amendment (HB0204HW001/A) to this line, in the first
sentence of (e)(intro) created by this amendment, after "or allowed
to" insert "participate in settlement negotiations or"; in the
second sentence, delete "in which the attorney general intervenes".
Renumber as necessary.
SIMPSON
02/24/2004 H Passed 2nd Reading
HB0204H3001/FAILED
Page 6-line 22 After "the"
delete balance of line and insert "health care commission".
Page 6-line 23 Delete entirely.
Page 6-line 24 Delete the line
through "purposes" insert "one hundred thousand dollars
($100,000.00) to conduct the study required under section 4".
Page 7-line 1 After
"act" delete balance of line and insert ".".
Page 7-lines 2 and 3 Delete entirely. OSBORN
HB0204H3002/ADOPTED
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
02/25/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Brechtel, Buchanan, Childers, Cooper, Diercks, Edwards, Esquibel, Gentile,
Gilmore, Hageman, Harshman, Hastert, Hinckley, Illoway, Jansen, Johnson, W.,
Law, Luthi, Martin, Miller, D., Nicholas, Olsen, Parady, Petersen, Philp,
Powers, Reese, Robinson, Ross, Simpson, Slater, Thompson, Walsh and Warren.
Nays: Representative(s) Anderson, R., Baker,
Bucholz, Cohee, Harvey, Iekel, Jones, Jorgensen, Landon, Latta, Lockhart,
McMurtrey, McOmie, Meuli, Morgan, Osborn, Prosser, Semlek, Wasserburger and
Wostenberg.
Excused:
Representative(s) Tipton
Conflicts:
Representative(s) Johnson, L. and Meyer.
Ayes
37 Nays 20 Excused
1 Absent 0 Conflicts 2
02/26/2004 S Received for Introduction
02/26/2004 S Introduced and Referred to S01
03/01/2004 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria, Goodenough, Hanes
and Meier
Ayes
5 Nays 0 Excused 0 Absent
0 Conflicts 0
03/01/2004 S Placed on General File
03/05/2004 Died in CoW