Re: ACOG pulls out

From: Gordon (obgyndoc@swbell.net)
Fri Oct 31 14:36:03 2003


Charlie,

this is what I got today from ACOG. Doesn't sound like ACOG pulled out of anything to me. Maybe that AMA pulled support, but that happened some time ago. If AMA were consistent and the coverage of all physicians was the only issue, then they should not have supported the Texas efforts, either.

I. Medical Liability Reform: A Report on the Ob-Gyn Bill in the Senate

With a week left until the U.S. Senate adjourns for the year, it appears the crowded legislative schedule, and disagreement within the House of Medicine, will bump the vote on the ob-gyn medical liability reform bill into early 2004. Senate Republican Leaders remain very committed to solving the Medical Liability Crisis facing ob-gyns and other physicians. However, the vote is threatened not only by Democratic opposition, but by medical organizations opposing the bill because of extraneous concerns.

Senators Judd Gregg (R-NH) and John Ensign (R-NV), along with Senate Majority Leader Bill Frist, MD, (R-TN), have vowed to put MLR at the top of their health care agenda for 2004.

Tort reform has hit several roadblocks in the U.S. Senate this year. Senate Democrats filibustered S.11, the Patients First Act. Class action tort reform also fell victim to a Senate filibuster. And finally, a vote on asbestos litigation reform was postponed until 2004 after the parties were unable to resolve their differences.

Eight Democratic Senators, however, crossed the aisle and voted to bring the class action bill to the floor. Senators Feinstein (D-CA), Bayh (D-IN), Carper (D-DE), Kohl (D-WI), Lieberman (D-CT), Lincoln (D-AR), Miller (D-GA), and Nelson (D-NE) are among ACOG's prime targets for potential swing votes on medical liability reform. Their votes on class action reform signifies a willingness to vote against the trial bar.

Keep up the pressure on the Senate Democrats. When they return home, tell them your stories and encourage them to pass legislation and end the liability crisis.

This is the AMA position, not without some merit:

If you did not see the my column in the Oct 9, 2003 Thursday AMA e-Voice, here it is:

>From the president
Donald J. Palmisano

The fight for medical liability reform continues as the Senate Republican leadership plans to proceed with specialty-specific medical liability reform bills. The AMA is willing to support specialty-specific bills, but only if they are consistent with principles of MICRA, H.R. 5 and S. 11.

The first of a possible series of medical liability reform bills would focus on obstetrical services. Unfortunately, S. 607 is under consideration as the "base" bill and it contains three items that would be detrimental to our policy.

First, it does not provide a flexicap, and thus would fail to protect states such as Indiana, New Mexico and Louisiana, who have additional limits on damage awards.

Second, it contains troublesome subrogation language that would allow health plans to recoup from physicians and hospitals any payments made in case of alleged malpractice. Not only does this language not follow MICRA, it would specifically undermine California's collateral source and subrogation language and any state that has followed it.

Lastly, S. 607 contains ERISA language that could reverse hard-fought court victories won by state and national medical specialties and the AMA. Opponents of medical liability reform would be at the ready with arguments about protecting HMOs at the expense of patients.

--
Gordon M. Goldman, M.D., FACOG

>----- Original Message ----- From: "Charlie Chambers" <cchamber@gorge.net> To: "Multiple recipients of list OB-GYN-L" <ob-gyn-l@dns.obgyn.net> Sent: Friday, October 31, 2003 2:56 PM Subject: ACOG pulls out

> Just got news that ACOG pulled their backing out from the current bill > for liability reform. My understanding was that their biggest gripe was > that the bill would cover all providers, and ACOG wanted to specify > physicians. Yet another case of ACOG cutting off their nose to spite > their face. Seems that recently we had some dialogue about supporting > AMA, but time and time again they pull something off like this. > > ************************************************************************ > ****** > Charlie Chambers

> Hood River, OR USA > cchamber@alumni.rice.edu > > "All good things...come by grace, > and grace comes by art, > and art does not come easy." > > Norman Maclean > ************************************************************************ > ******* >

>





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