H.J. No. 0011

Medical review panel-constitutional amendment.

Sponsored By: Representative(s) Simpson

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to authorize the Wyoming legislature to mandate alternative dispute or review by a medical review panel before the filing of a civil action against the health care provider.

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, Anderson, R., Bagby, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Jones, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Miller, D., Nicholas, Olsen, Osborn, Parady, Petersen, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren and Wasserburger.

Nays: Representative(s) Baker, Esquibel, Johnson, W., Jorgensen, Morgan, Philp, Powers and Wostenberg.

Excused: Representative(s) Tipton

Conflicts: Representative(s) Johnson, L. and Meyer.

Ayes 49 Nays 8 Excused 1 Absent 0 Conflicts 2

02/19/2004 H01 Recommended Do Pass

ROLL CALL

Ayes: Representative(s) Alden, Bagby, Berger, Buchanan, Landon, Olsen, Petersen, Reese and Simpson

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

02/19/2004 H Placed on General File

02/20/2004 H Passed CoW

02/23/2004 H Passed 2nd Reading

02/25/2004 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Jones, Jorgensen, Landon, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger and Wostenberg.

Nays: Representative(s) Esquibel, Gentile, Gilmore, Johnson, W., Latta and Robinson.

Excused: Representative(s) Johnson, L. and Tipton.

Conflicts: Representative(s) Meyer

Ayes 51 Nays 6 Excused 2 Absent 0 Conflicts 1

02/26/2004 S Received for Introduction

02/26/2004 S Introduced and Referred to S01

03/01/2004 S01 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Burns, Hanes and Meier

Nays: Senator(s) Decaria and Goodenough

Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0

03/01/2004 S Placed on General File

03/01/2004 S Passed CoW

HJ0011S2001.01/ADOPTED (CORRECTED COPY)

Page 1-line 5 After "provider" insert "; establishing a fund to operate the panel and provide compensation as specified;".

Page 2-line 16 Delete "." insert ";".

Page 2-after line 16 Insert:

"(ii) Establish a fund to operate the alternative dispute resolution and medical review panel and provide compensation for patients injured by avoidable medical error using formulas established by the legislature. The fund may be used to provide malpractice insurance coverage for health care providers. The legislature may provide funding for the fund including provider premiums and general appropriations;". SCOTT, BOGGS

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Caller, Case, Coe, Devin, Hawks, Hines, Kunz, Larson, Peck, Roberts, Scott and Townsend.

Nays: Senator(s) Burns, Cathcart, Decaria, Erb, Geis, Goodenough, Hanes, Job, Massie, Meier, Mockler, Northrup, Sessions and Vasey.

Excused: Senator(s) Schiffer

Ayes 15 Nays 14 Excused 1 Absent 0 Conflicts 0

HJ0011S2001.02/ADOPTED (CORRECTED COPY)

Page 1-line 5 After "provider" insert "; and providing limitations on civil actions against health care providers as specified".

Page 2-line 15 After "panel" insert ", or both,".

Page 2-line 16 Delete "." insert ";".

Page 2-after line 16 Insert:

"(iii) Establish procedural rules for the alternative dispute resolution and review by the medical review panel;

(iv) Provide for the admissibility or inadmissibility of medical review panel and alternative dispute resolution findings and proceedings in subsequent civil actions;

(v) Establish a system to assist the possibly injured persons with the review panel and alternative dispute resolutions processes and may provide the person with representation, including legal representation, for these processes;

(vi) Restrict the ability of the possibly injured party to contract for contingency fee representation for the civil action before completion of the medical review panel and alternative dispute resolution processes;

(vii) Give juries in these civil actions the right to award costs and legal fees to the prevailing party if the other party maintained a civil action contrary to the results of the medical review panel or alternative dispute resolution processes. The costs and legal fees may be assessed against both the losing party and his attorney; and

(viii) Give the medical review panel the right to make recommendations to prevent repetition of medical errors and conduct general investigations and make recommendations to reduce the level of medical error and improve patient safety in the health care system.".

Page 4-line 7 After "death." insert:

"It would allow the review panel to provide compensation for injuries or death caused by avoidable health care error and would allow the legislature to fund the review panel and the alternative dispute resolution and provide malpractice insurance. It would allow the legislature to establish relevant procedural rules and determine if the results of the review panel and dispute resolution can be used in law suits after the review panel and alternative dispute resolution processes. It would allow the legislature, for health care malpractice lawsuits, to restrict the time to contract for contingency fee representation and to give juries the right to require the winning side pay the losing side's costs and lawyer fees. It would give the review panel the right to conduct investigations and make recommendations to reduce the level of medical error and improve patient safety in the health care system.". SCOTT, BOGGS

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Caller, Case, Coe, Devin, Hawks, Hines, Kunz, Larson, Peck, Roberts, Scott and Townsend.

Nays: Senator(s) Burns, Cathcart, Decaria, Erb, Geis, Goodenough, Hanes, Job, Massie, Meier, Mockler, Northrup, Sessions and Vasey.

Excused: Senator(s) Schiffer

Ayes 15 Nays 14 Excused 1 Absent 0 Conflicts 0

03/02/2004 S Passed 2nd Reading

HJ0011S3001/ADOPTED

Delete the Scott, Boggs Second Reading Divided Amendment (HJ0011S2001.01/AC) and the Scott, Boggs Second Reading Divided Amendment (HJ0011S2001.02/AC) entirely. SCOTT

03/03/2004 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Case, Coe, Devin, Erb, Geis, Hanes, Hawks, Hines, Kunz, Larson, Meier, Northrup, Peck, Roberts, Schiffer, Scott, Sessions, Townsend and Vasey.

Nays: Senator(s) Cathcart, Decaria, Goodenough, Job, Massie and Mockler.

Ayes 24 Nays 6 Excused 0 Absent 0 Conflicts 0

03/03/2004 Assigned Number HEJR No. 0002

03/03/2004 H Speaker Signed HEJR No. 0002

03/04/2004 S President Signed HEJR No. 0002

03/05/2004 Governor Signed HEJR No. 0002