News in brief - Feb. 13, 2006

Maryland governor offers tort reform plan - Kansas Senate passes package aimed at Medicaid fraud

Maryland governor offers tort reform plan

Maryland Gov. Robert Ehrlich has put a medical liability reform package on his 2006 legislative agenda that would require expert testimony to help weed out frivolous lawsuits.

Before a lawsuit could be filed, plaintiffs would need to file a certificate of merit by a medical expert who has determined that there is a medical basis for the lawsuit. The proposal also would impose expert witness guidelines to ensure credible testimony.

Erlich's plan would cut caps on noneconomic damages from $650,000 to $500,000. The cap also would apply to wrongful death cases, which now have a separate cap of $812,500.

Reinforcing Maryland's apology statute, the plan includes a provision that statements of sympathy or apology made to patients by doctors would not be admissible as evidence against them in medical liability lawsuits.

Doctors have embraced the comprehensive nature of the proposed reforms, said Mike Preston, executive director of MedChi, The Maryland State Medical Society. "We still expect to see roadblocks in the Senate."

Kansas Senate passes package aimed at Medicaid fraud

The Kansas Senate has approved a series of bills cracking down on Medicaid fraud.

One bill would create a state inspector general position, which would be filled by appointment by the attorney general. The inspector would oversee investigations against suspected fraud and refer cases to the attorney general for prosecution.

Under a second bill, the state could seize property from those found guilty of Medicaid fraud. A third bill would allow the attorney general to file a civil lawsuit to recover Medicaid losses, in addition to criminal lawsuits already permitted by the state. No timeline has been set for a House vote.

The Kansas Medical Society said it expects the bills to pass, but it hopes to try to improve them, with particular focus on the bill creating the inspector general position.

"Our goal is to have the bill modified so the inspector general can have access to information relevant to the investigation and to Medicaid, but beyond that, he shouldn't be able to go on a fishing expedition for all of a provider's records," he said.