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H.B. No. 1010 |
Medical malpractice review. |
Sponsored By: Joint Appropriations Interim Committee
AN ACT relating to medical care; authorizing various studies relating to medical errors, medical malpractice insurance and tort reform generally; specifying duties of the Wyoming health care commission; modifying sunset date for the health care commission accordingly; providing for legislative participation in health care commission activities as specified; requiring reports and recommendations; providing appropriations; and providing for an effective date.
7/09/2004 Bill Number Assigned
7/12/2004 H Received for Introduction
7/12/2004 H Introduced and Referred to HCW
7/12/2004 H Placed on General File
HB1010HW001/ADOPTED
Page 12-line 3 After "." insert "Any actuary shall be directed to produce a nonbiased report, including a summary sheet of all assumptions used, any assumptions rejected and the rationale for making or rejecting assumptions.". NICHOLAS, ROSS, SIMPSON
HB1010HW002/FAILED
Page 10-line 2 After "." insert "The study shall use valid and reliable data that will demonstrate unequivocally a direct correlation between setting a cap on noneconomic damages and a consequent reduction in malpractice insurance premiums.". WARREN
HB1010HW003/ADOPTED
Page 11-line 12 Delete "." insert ";".
Page 11-After line 12 Insert:
"(vii) Whether the number of physicians reported and their areas of specialties indicate a physician shortage in those or other areas of specialty.". WARREN
HB1010HW004/ADOPTED
Page 1-line 17 Delete "of dealing".
Page 2-line 1 Delete "with" insert "to address and resolve".
Page 2-line 16 After "to" insert "fully".
Page 2-line 17 After "for" insert "all".
Page 4-line 6 After "the" insert "full".
Page 4-line 10 Delete "appeal to the" insert "seek judicial review;".
Page 4-line 11 Delete entirely.
Page 4-line 14 After "professionals" insert ", victims of health care errors". NICHOLAS, ROSS, SIMPSON
HB1010HW005/FAILED
Page 1-line 2 After "to" insert "health care providers' professional assistance programs,".
Page 11-After line 19 Insert:
"Section 6.
(a) The Wyoming health care commission shall complete a study of professional assistance programs created by the Wyoming board of medicine. The study shall examine:
(i) The nature of assistance provided;
(ii) The number and qualifications of the employees of the program and their duties;
(iii) The types of health care providers participating in the assistance programs;
(iv) The types of problems the participants exhibited that resulted in their participation in the assistance program;
(v) The effectiveness of those programs in addressing problems of licensed health care providers who have exhibited disruptive behaviors, substance dependence or are suffering from physical or mental impairment that affect their provision of health care;
(vi) The number of participants who completed programs that allowed them to return to their practice or employment;
(vii) The number of participants who failed to complete programs, the reasons therefore and what those participants have done professionally since leaving the program, to the extent available.
(b) Any personally identifiable information about participants in the programs shall not be disclosed to the health care commission and shall remain confidential to extent required by law or the requirements of the programs.
(c) The health care commission shall report its findings under this section and recommendations for legislation to improve the effectiveness of professional assistance programs and participation therein, as necessary, to the joint appropriations interim committee and the joint labor, health and social services interim committee no later than November 15, 2004.".
Page 12-line 23 After "commission" delete balance of line.
Page 13-line 1 Delete "($560,000.00)" insert "five hundred eighty thousand dollars ($580,000.00)".
Renumber as necessary. SIMPSON
HB1010HW006/FAILED
Page 12-line 6 Delete "one (1)" insert "two (2)".
Page 12-line 7 Delete "member" insert "members"; delete "house" insert "houses, with one (1) member representing the majority party and one (1) member representing a minority party,".
Page 13-line 15 Delete "two thousand dollars" insert "four thousand dollars".
Page 13-line 16 Delete "($2,000.00)" insert "($4,000.00)". JOHNSON, L., ROSS
HB1010HW007/ADOPTED
Page 1-line 7 After "specified;" insert "modifying membership of the health care commission;".
Page 12-line 11 After "act." insert "These legislative members shall be in addition to the increase in membership of the commission under W.S. 9-2-2801 as amended under section 7 of this act.".
Page 12-line 13 Delete "W.S. 9-2-2804 is" insert "W.S. 9-2-2801 (b) and (e) and 9-2-2804 are".
Page 12-After line 13 Insert:
"9-2-2801. Health care commission created; membership; salary; meetings; advisory committees.
(b) The commission shall consist of nine (9) eleven (11)members appointed by the governor.
(e) The commission shall meet at the call
of the chairman. Five (5) Seven (7) members shall constitute a
quorum.". OSBORN
HB1010HW008/FAILED
Page 1-line 7 After "specified;" insert "requiring the department of health to develop a plan for a medical safety event reporting system, as specified;".
Page 11-after line 19 Insert:
"Section 6.
(a) The department of health, in collaboration with the Wyoming medical community, shall develop a closed loop comprehensive medical errors reduction plan building on the data acquired and analyzed in this section. The elements shall include error tracking, corrective measures identification, annual performance reporting, integration with current safety and quality systems and rapid dissemination of error/corrective actions reports for real time prevention at other health care facilities. The plan shall consider:
(i) The needed uses for the information reported;
(ii) The definition of information to be reported;
(iii) The mechanics of the reporting system and the costs of the system to both the health care facilities and the state;
(iv) The extent the information reported should be confidential and protected from discovery in legal actions;
(v) The sanctions for failure to comply and incentives for compliance with the reporting requirement;
(vi) The extent to which existing reporting systems meet the needs for reporting;
(vii) The extent to which there should be a staff to analyze individual reports and assist the health care facilities in re-engineering their systems and making changes to prevent future errors;
(viii) The degree and form of public reporting of the data and the degree to which risk adjustment of the data is appropriate;
(ix) The experiences of other states with similar reporting systems.
(b) A preliminary report shall be made to the joint labor, health and social services interim committee by October 15, 2004 and a final report by September 1, 2005.".
Page 13-line 10 After "health" delete balance of line.
Page 13-line 11 Delete "($40,000.00)" insert "ninety thousand dollars ($90,000.00)".
Renumber as necessary. OSBORN
7/13/2004 H Passed CoW
HB1010H2001/ADOPTED
Page 12-line 22 After "appropriated" insert "from the budget reserve account".
Page 13-line 1 Delete "from the".
Page 13-line 2 Delete "budget reserve account". BUCHOLZ
HB1010H2002/FAILED
Page 9-lines 18 through 24 Delete entirely.
Page 10-lines 1 through 11 Delete entirely.
Page 12-line 23 After "commission" delete balance of line.
Page 13-line 1 Delete "($560,000.00)" insert "five hundred thousand dollars ($500,000.00)".
Renumber as necessary. NICHOLAS
HB1010H2003/FAILED
Page 10-lines 13 through 22 Delete entirely.
Page 11-lines 1 through 19 Delete entirely.
Page 13-lines 9 through 12 Delete entirely.
Renumber as necessary. NICHOLAS
HB1010H2004/ADOPTED
Page 12-After line 13 In the Osborn committee of the whole amendment (HB1010HW007/A) to this line, delete "Seven (7)" insert "Six (6)". OSBORN
HB1010H2005/ADOPTED
Page 1-line 5 Delete "providing for".
Page 1-line 6 Delete entirely.
Page 1-line 7 Delete "activities as specified;".
Page 11-line 23 Delete "(a)".
Page 12-lines 5 through 11 Delete entirely including the Osborn committee of the whole amendment (HB1010HW007/A) to this line. NICHOLAS
7/14/2004 H Passed 2nd Reading
HB1010H3001/ADOPTED
Page 13-lines 14 through 18 Delete entirely. NICHOLAS
7/15/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Allen, Anderson, R., Bagby, Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger and Wostenberg.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
7/15/2004 S Received for Introduction
7/15/2004 S Introduced and Referred to S12
7/15/2004 S12 Recommended Place on 3rd Reading
ROLL CALL
Ayes: Senator(s) Kunz, Larson, Mockler, Schiffer and Vasey.
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
7/15/2004 S Placed on 3rd Reading
7/15/2004 H Appointed JCC01 Members
Hinckley, Buchanan, Childers, L. Johnson, Olsen
7/15/2004 S Appointed JCC01 Members
Schiffer, Burns, Case, Devin, Ginter
7/16/2004 H Adopted HB1010JC01
ROLL CALL
Ayes: Representative(s) Alden, Allen, Anderson, R., Bagby, Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Wostenberg.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflict 0
7/16/2004 S Adopted HB1010JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Case, Coe, Decaria, Devin, Erb, Ginter, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions, Townsend and Vasey.
Nays: Senator(s) Goodenough.
Excused: Senator(s) Geis.
Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0
HB1010JC01/AA ADOPTED
Adopt the following Senate amendments:
SF1010S3002/A
SF1010S2002/A
SF1010S2004/A
SF1010SW001/A
Delete the following Senate amendments:
SF1010S2001/AC
SF1010S2005/A
SF1010SW003/A
Adopt the following House amendments:
HB1010HW001/A
HB1010HW003/A
HB1010H2001/A
HB1010H2005/A
HB1010H3001/A
Delete the following House amendments:
HB1010HW004/A
HB1010HW007/A
HB1010H2004/A
Further amend as follows:
Page 1-line 7 After "specified;" insert "modifying membership of the health care commission; requiring the department of health to evaluate the need for a medical safety event reporting system as specified;".
Page 1-line 17 Delete "of dealing".
Page 2-line 1 Delete "with" insert "to address and resolve".
Page 4-line 10 Delete "appeal to the" insert "seek judicial review;".
Page 4-line 11 Delete entirely.
Page 4-line 14 After "professionals" insert ", victims of health care errors".
Page 6-after line 3 Insert and renumber:
"(vi) Current efforts related to comprehensive medical malpractice and general individual health insurance regulation reform in other states, chosen at the discretion of the commission including but not limited to efforts to restrict premium rate increases or policy cancellation resulting from claims made by an insured but not paid by the insurer and the effects of renewal dates on availability of insurance; and".
Page 6-line 5 Delete "(vi)" insert "(vii)".
Page 11-after line 19 Insert and renumber:
"Section 6.
(a) The department of health shall evaluate the need for a medical safety event reporting system plan and in so doing shall consider:
(i) The needed uses for the information reported;
(ii) The definition of information to be reported;
(iii) The mechanics of the reporting system and the costs of the system to both the health care facilities and the state;
(iv) The extent the information reported should be confidential and protected from discovery in legal actions;
(v) The sanctions for failure to comply with the reporting requirement;
(vi) The extent to which existing reporting systems meet the needs for reporting;
(vii) The extent to which there should be a staff to analyze individual reports and assist the health care facilities in re-engineering their systems and making changes to prevent future errors;
(viii) The degree and form of public reporting of the data and the degree to which risk adjustment of the data is appropriate;
(ix) The experiences of other states with similar reporting systems.
(b) A report shall be made to the joint labor, health and social services interim committee by October 15, 2004.".
Page 11-line 21 Delete "6" insert "7".
Page 12-line 13 Delete "7" insert "8" delete "W.S. 9-2-2804 is" insert "W.S. 9-2-2801(b) and (e) and 9-2-2804 are".
Page 12-after line 13 Insert:
"9‑2‑2801. Health care commission created; membership; salary; meetings; advisory committees.
(b) The commission shall consist of nine (9) eleven (11)
members appointed by the governor.
(e) The commission shall meet at the call of the chairman.
Five (5) Six
(6) members shall constitute a quorum.".
Page 12-line 20 Delete "8" insert "9".
Page 13-after line 18 Insert and renumber:
"(e) There is appropriated from the general fund to the department of health for the purposes of evaluating the need for a medical safety event reporting system fifty thousand dollars ($50,000.00) or as much thereof as is necessary for the purposes of this act.".
Page 14-line 1 Delete 9" insert "10". HINCKLEY, BUCHANAN, CHILDERS, JOHNSON L., OLSEN, SCHIFFER, DEVIN, GINTER, BURNS, CASE
7/16/2004 Assigned Number HEA No. 0002
7/17/2004 H Speaker Signed HEA No. 0002
7/17/2004 S President Signed HEA No. 0002
7/29/2004 Governor Signed HEA No. 0002
Chapter No. 0004 Special Session Laws of Wyoming 2004