Action Alert on HB2122 -
Medical Malpractice "Tort Reform"
This bill, having passed both Houses is now in a
joint House/Senate Conference Committee to work out the
differences between what the House passed and the
changes made in the Senate.
This Bill could get a lot worse in Conference
Committee by reverting back to the horrendous House
version. Please contact the House and Senate members
below right away to help keep this bad legislation from
getting even worst!
The Senate made several improvements in the bill
that are at risk in conference:
-
The cap on “non-economic damages” raised from $250,000
to $500,000 in cases of wrongful death, permanent
disability or loss of limb;
-
Tightened the application of the $500,000 “Trauma Cap”
for emergency care in hospitals, but extends the cap
to emergency squads;
-
Eliminated the periodic payment requirement for large
jury awards;
-
Reduced the 50% threshold to 25% on the chances that
the patient would have survived if not for the
malpractice;
-
Required the funding of a “Patient Injury Compensation
Fund” by the legislature before the rule eliminating
“joint liability” goes into effect;
-
Tinkered with the “collateral source” rule that allows
jury awards to be reduced by the payments from the
victims own insurance (adding insult to injury);
-
Sunsets (eliminates) all caps and limits if doctors
fail to set up their own Physician’s Mutual Insurance
company by 9/04.
-
Eliminated a personal income tax break for doctors
that would have resulted in many Docs paying no income
tax at all
-
Required Docs and insurance companies to ante up
around $10 million to help fund their mutual insurance
company
Below are the names and phone numbers of the
Conference Committee
The message for House members is:
"A one-size-fits-all cap on jury awards is not the right
approach, please agree to the changes made in the Senate
on HB2122"
The message for Senate members
is: "Senate Judiciary and Finance made HB 2122
much better, please work to keep the Senate's
amendments."
Below are the capitol phone numbers for
Committee members.
You can also send them an e-mail message (with
their name in the subject line) at legislative services
at
cglagola@mail.wvnet.edu
HOUSE
Jon Amores 340-3252
Tim Armstead 340-3124
Kevin Craig 340-3118
Steven Kominar 340-3248
Virginia Mahan 340-3106
SENATE
Walt Helmick 357-7980
Jeffrey Kessler 357-7880
Joseph Minard 357-7904
Sarah Minear 357-7914
Robert Plymale 357-7937
Thanks for your help!