News in brief - Nov. 17, 2003

High Court to hear right-to-sue cases - Abortion ban fight moves to court - Senate diet plan - Physician numbers growing - Wyo. governor pushes tort reform idea - NIH creates rare-diseases network

High Court to hear right-to-sue cases

The U.S. Supreme Court next year will decide whether patients can sue health plans under state laws when the plans deny a medical treatment recommended by a physician.

In November the court said it would hear two cases, Aetna v. Davila and CIGNA Health Care of Texas v. Calad, that the 5th U.S. Circuit Court of Appeals last year ruled could go forward in state court under the Texas Health Care Liability Act. The law was the first in the nation to let patients sue their HMOs. The 5th Circuit ruled that the federal Employee Retirement Income Security Act of 1974 does not preempt the state court claims. The health plans are asking the Supreme Court to rule on whether ERISA preempts the lawsuits.

Abortion ban fight moves to court

Even before a Nov. 5 signing ceremony of a "partial-birth" abortion ban, three abortion-rights groups filed lawsuits seeking a court injunction to stop the law from going into effect. Within an hour of the signing, a federal district court judge in Nebraska issued a temporary limited restraining order. At press time, hearings were being held but action had not been announced regarding the other two lawsuits in New York and San Francisco.

The courts face two major issues pertaining to the ban: its lack of an exception to protect the health of the mother and the definition of the outlawed procedure -- whether it is so broad that it would prohibit other abortion methods.

Senate diet plan

The Senate Health, Education, Labor and Pension Committee has approved legislation designed to help address high rates of obesity among Americans. The bill calls on Congress to appropriate $60 million for grants to schools, public health departments and community groups to establish programs that promote healthy diets and physical activity.

Grants also would be available for training programs to help primary care physicians identify, treat and prevent obesity and eating disorders. The bill is sponsored by Senate Majority Leader Bill Frist, MD (R, Tenn.).

Physician numbers growing

The U.S. physician supply increased 26% -- twice the rate of total population growth -- between 1991 and 2001, according to a General Accounting Office report. The average number of physicians per 100,000 people increased from 214 to 239. About one-third of physicians are generalists and two-thirds specialists.

The report also examines geographic disparities in physician supply. It is available in pdf format (www.gao.gov/new.items/d04124.pdf).

Wyo. governor pushes tort reform idea

Wyoming Gov. Dave Freudenthal in late October called for a state constitutional change so that debate over whether to impose a cap on noneconomic damages awarded in medical malpractice lawsuits can "venture beyond the hypothetical."

Freudenthal has not said if he will support a noneconomic damages cap but said there is little reason to debate something when it isn't possible under state law. He proposed language for a constitutional change. For voters to consider the amendment in November 2004, the Legislature must pass an amendment with at least two-thirds of lawmakers' votes during its session that opens Feb. 9.

"I am not asking for a vote on whether tort reform as it relates to health care solves Wyoming's problems," Freudenthal said. "I am asking for a vote on whether reform will be among the options available for consideration by the Legislature in 2005."

Wyoming is one of 19 states the AMA says is in the midst of a medical liability crisis.

NIH creates rare-diseases network

The National Institutes of Health has established a Rare Diseases Clinical Research Network, which consists of seven clinical research centers for rare diseases, and a data and technology coordinating center. The effort has $51 million in grant funding over five years. About 25 million people in the United States are affected by rare diseases, which the government numbers at 6,000. "With a collaborative approach, the network will focus on identifying biomarkers for disease risk, disease severity and activity, and clinical outcome, while encouraging development of new approaches to the diagnosis, prevention and treatment of rare diseases," said Judith L. Vaitukaitis, MD, director of the National Center for Research Resources. More information can be found online (www.nih.gov/news/pr/nov2003/ncrr-03.htm).