Medical Crisis Mandates Insurance Reform
ROBERT J. MELLOW - GUEST COLUMNIST 11/10/2002
The issue of medical malpractice reform continues to be a thorn in the side of Pennsylvania physicians and their patients. Because of the spiraling cost of medical malpractice insurance, some physicians have threatened to relocate to neighboring states.

Let me assure you, I am very concerned about the availability of quality health care for my constituents. I have met with, and continue to meet with, physicians and representatives of the medical community in an effort to find a solution to a very complex problem.

The Legislature addressed this crisis by adopting three bills that have been signed into law. Through these acts, the medical community has achieved nine out of 10 of its objectives in this issue.

The Senate unanimously approved Act 13 on March 13. This legislation provided $400 million of taxpayers' money to relieve premium costs on physicians. It will also significantly lower malpractice insurance premiums by providing for patient safety, tort reform and medical CAT fund reform.

Act 57, which reforms the "joint and several" liability legal process, was signed into law on June 19. Also known as the Fair Share Act, this bill was touted by the medical and business communities as a way to restore fairness and predictability to the civil justice system in Pennsylvania.

During the debate on Act 57, I offered an amendment that would have compelled the insurance industry to reduce medical malpractice rates by 10 percent. However, the majority party used a procedural maneuver to block my amendment. I have introduced my amendment as Senate Bill 1500 and will continue to fight for its passage.

Act 127, signed into law by Gov. Mark Schweiker on Oct. 17, will end the practice of venue shopping for liability cases.

The Pennsylvania Medical Society touted Senate Bill 138 as "an important feature in the effort to address the medical liability crisis." The Pennsylvania Orthopedic Society termed it "vital to keeping Pennsylvania's highly trained surgical specialists in the state."

I have supported each piece of legislation the medical community said would help force a reduction in the cost of medical malpractice insurance.

Senate Democrats continue to develop other pieces of legislation to further address the crisis. One bill would create a state-run insurer to provide medical malpractice insurance at a lower cost. Another, Senate Bill 1511, would offer a maximum 10 percent tax credit to physicians on the premium cost. Still another would allow physicians to join together to negotiate fairer rates with insurance companies.

I am somewhat surprised by the manner in which some physicians have attempted to deal with the issue.

In the days leading up to the General Election, the Save Pennsylvania Medicine, Northeast Chapter Political Action Committee placed full-page advertisements in newspapers urging voter support for specific candidates. Most of those candidates were members of the Republican Party.

Let me point out that prior to the election, Pennsylvania already had a Republican governor and a Republican majority in both the Senate and the House. These elected servants had plenty of time to act on the medical malpractice issue. They decided that, in their best interests, it would be better to sidestep the issue until after the election. The majority party decides what bills will be placed before the body.

The telephones in my office have been ringing almost non-stop for the past month. Patients fear the loss of a physician. Health workers fear the loss of jobs. I will continue to seek a solution to the problem.

It is my opinion that the most effective way to reduce medical malpractice insurance rates is for the state to compel the insurance industry to lower them. The insurance industry has yet to make any concessions regarding medical malpractice.

I can assure you that, upon returning to Harrisburg, I will make every effort to have the problem of medical malpractice insurance resolved. Hopefully, I will be able to enlist the support of my colleagues in the Senate -- Democrat and Republican.



ROBERT J. MELLOW, a Democrat from Peckville and the minority leader of the state Senate, was elected Tuesday to his ninth term.

 

İScranton Times Tribune 2004