News in brief - Jan. 13, 2003

Governors give states advice for dealing with the liability crisis - Mich. pediatricians, advocates can move ahead with Medicaid suit - Physician groups to appeal ruling against drug testing in children

Governors give states advice for dealing with the liability crisis

The National Governors Assn. entered the medical liability insurance debate last month with a report outlining options for states faced with physicians leaving areas or limiting their practice to less-risky procedures because of high premiums.

The NGA said states can intervene in the market by providing subsidies to physicians or by creating state-run insurance programs. It also suggested tort reform; alternative dispute resolution programs to try to resolve malpractice claims outside of the court; and patient safety efforts.

Mich. pediatricians, advocates can move ahead with Medicaid suit

The U.S. Supreme Court last month said it wouldn't review a lower court's decision to let pediatricians and children's health care advocates in Michigan proceed with a lawsuit accusing state officials of failing to provide children on Medicaid with basic health services.

The lawsuit, Westside Mothers, et al. v. James K. Haveman Jr. and Robert Smedes, claims that Michigan children have been denied the Early and Periodic Screening, Diagnosis and Treatment services that the Medicaid Act and related laws mandate for those younger than 21. Services include periodic physical examinations, immunizations, and diagnosis and treatment of hearing and other disorders.

The American Academy of Pediatrics' Michigan chapter and parents of Medicaid-enrolled children are plaintiffs in the lawsuit.

Physician groups to appeal ruling against drug testing in children

The Bush administration will not appeal an October 2002 federal court decision that struck down regulations that required drug companies to study how medication affects children. But two pediatric groups announced in December 2002 that they will take on the cause.

The U.S. District Court for the District of Columbia said that the American Academy of Pediatrics and the Elizabeth Glaser Pediatric AIDS Foundation can appeal the court's decision in Assn. of American Physicians and Surgeons, et al. v. U.S. Food and Drug Administration, et al. In its October 2002 opinion, the court said that the Food and Drug Administration exceeded its authority when it created the 1998 Pediatric Rule, which allows the agency to require companies to conduct clinical trials involving children.

Instead of pursuing a remedy in the court, the Bush administration is calling for Congress to quickly pass legislation requiring clinical trials in children.

"The academy applauds the administration's call for swift congressional action, but the legislative end product must focus on children's needs, not industry's desires," said AAP President E. Stephen Edwards, MD. "Any new law must ensure that medications that children receive are held to the same standards of safety and effectiveness as adult medications."