News in brief - Feb. 23, 2004

Tort reform revival possible in Senate - Cracking down on Internet doctors - Doctors call for mental health parity - Australia bans drug reimportation - Insurer promises rate relief if Washington state passes tort reform - Virginia doctors lobby Legislature for cap on noneconomic damage awards - Doctors, governor rally for tort reform in Kentucky

Tort reform revival possible in Senate

A medical liability bill could be brought back to the Senate sometime during the next six weeks, Senate Majority Leader Bill Frist, MD (R, Tenn.), told reporters gathered recently for a breakfast in Washington, D.C. But exactly what the measure could look like is still being debated.

"It could be a comprehensive bill," Dr. Frist said. "It could be a more targeted bill," focusing on providing relief for the hardest-hit specialists.

The House last year approved legislation that would put a $250,000 cap on noneconomic damage awards in malpractice cases -- a measure President Bush has said he would sign. The bill's proponents were unable to prevent a Senate filibuster last year.

Cracking down on Internet doctors

A congressional investigative panel has sent letters to several physicians for writing online prescriptions for controlled substances and for writing prescriptions without proper supervision of the patient. The first physicians to receive a letter admitted to writing thousands of prescriptions for several Internet pharmacies.

Congress is continuing investigations into improper practices of Internet pharmacies, and lawmakers are preparing to introduce legislation to give localities more power to shut down any operation that does not follow national standards of conduct.

Doctors call for mental health parity

A group of more than 100 specialty and state medical societies has called on Congress to pass the Senator Paul Wellstone Mental Health Equitable Treatment Act. The legislation would require group health plans that offer mental health benefits to do so without limits that differ from those on medical-surgical benefits. Under the bill, health plans could not impose arbitrary caps on the duration of treatment or require patients to pay more out of pocket for mental health benefits. The Congressional Budget Office has projected that the bill would increase group health plan rates by 0.9%.

Australia bans drug reimportation

A recently completed free-trade agreement with Australia includes a ban on the reimportation of prescription drugs that have their prices set by the country's Pharmaceutical Benefits Scheme.

Senate Finance Committee Chair Chuck Grassley (R, Iowa) objected to the provision, saying it interferes with an issue still being actively debated in Congress.

Insurer promises rate relief if Washington state passes tort reform

Washington state's largest physician insurer on Feb. 4 said it would drop rates by 10% Jan. 1, 2005, if the state adopts tort reform that includes a $250,000 noneconomic damages cap and if voters in November approve a state constitutional amendment allowing such caps.

Physicians Insurance, A Mutual Company, which insures about 5,900 physicians, also called for a provision that allows economic damages to be paid over time. The Washington State Medical Assn. is asking state lawmakers to pass reform that includes those provisions. Washington is one of 19 states that the American Medical Association lists as being in the midst of a medical liability insurance crisis.

Virginia doctors lobby Legislature for cap on noneconomic damage awards

About 2,500 physicians visited Virginia General Assembly offices to press for tort reform as part of a "white coat" day Feb. 4, according to the Medical Society of Virginia. The MSV's legislative agenda includes a $250,000 cap on noneconomic damages awarded in medical malpractice cases. The AMA says Virginia is showing problems signs that could lead to a liability insurance crisis.

Doctors, governor rally for tort reform in Kentucky

About 350 physicians and others who support medical liability reform in Kentucky gathered Feb. 5 in Frankfort to urge lawmakers to adopt legislation that supports a constitutional amendment allowing reasonable limits on noneconomic damage caps in medical malpractice lawsuits.

Kentucky Gov. Ernie Fletcher, MD, and AMA President Donald J. Palmisano, MD, were among those who attended Healthcare Unity Day, sponsored by the Kentucky Medical Assn. and the Kentucky Hospital Assn. The state is one of 19 the AMA lists as being in the midst of a medical liability insurance crisis.