House Panders to Docs & Insurance Companies in Passing "Tort Reform"

In a rush to please disgruntled doctors the House passed HB2021 by an overwhelming majority on Thursday (1/16/03). Giving in to threats by big insurance to leave the state and by docs to leave their patients, a bill was rushed through committee and onto the House floor so fast it had to be patched up with a total rewrite (strike and insert) on third reading (passage stage) for over an hour. Then ensued another hour of debate on the measure.

Here are some of the provisions of the bill:

A $250,000 cap on awards for "non-economic" or punitive damages

A $500,000 cap on awards for damages from "trauma care"

A special class of citizens is created with bankruptcy protection ten times greater than you and I. You guessed it, Doctors.

A tax break for doctors of 20% of their malpractice premiums which will leave the rest of us to make up the nearly $20 million/year in lost revenue.

"Collateral Source" would directly deduct any payments victims get from their own insurance, Social Security, Workers Comp ect., from the now-capped jury awards. This could result in a victim's whole jury award being eliminated.

Realizing they were setting up a system that would do harm to victims of malpractice, the House bill set up a "Patient Compensation" fund to assist folks who will be denied adequate compensation for their injuries. This should be a red flag for anyone looking into this bill. No funding mechanism for the Patient Compensation was included in the bill, which turns it into yet another un-funded mandate. Oh well, just add it to the Workers Comp, PEIA, and police retirement debt the state owes.

There is not room here to explain the 75 pages of insurance corporate welfare and doctors benefits in HB 2021. However, here are some quotes from the Delegate's debate on the floor:

Delegate Fleischauer: "This 'solution' doesn't fit the root cause…$250,000 is that what a life is worth?…The $500,000 trauma cap may have to cover a lifetime of care and support. Its not enough."

Delegate Webster: "I cannot support a bill that lacks balance…The people who are absent from the debate today are the victims…The people and the patients were left out of this bill…They are the real losers."

Delegate DeLong: "This bill means rich parents [of malpractice victims] will get representation [in court] and poor parents won't."

Delegate Rick Thompson, " This bill says the plaintiff cannot win, but if they do it takes all the money away."

Delegate Amores, Chair House Judicary: "no one expects this bill to reduce insurance premiums," 

How you can help?  Contact your state Senators and ask them to fix the insurance crisis by fixing the insurance industry, not by taking away victims rights.