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S.F. No. 1010 |
Medical malpractice review-2. |
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 S Received for Introduction
7/12/2004 S Introduced and Referred to SCW
7/12/2004 S Placed on General File
SF1010SW001/ADOPTED
Page 5-line 1 Before "The report" insert "A preliminary draft of"; after "is due" insert "on or before September 1, 2005 and the final report is due". BOGGS
SF1010SW002/FAILED
Page 1-line 5 After "accordingly;" delete "providing for".
Page 1-line 6 Delete.
Page 1-line 7 Delete the line through "specified;".
Page 12-lines 5 through 11 Delete.
Page 13-lines 14 through 18 Delete. SCOTT
SF1010SW003/ADOPTED (CORRECTED COPY)
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 and renumber:
"Section 6.
(a) The department of health shall develop a plan for a medical safety event reporting system. 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 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 11-line 21 Delete "6" insert "7".
Page 12-line 13 Delete "7" insert "8".
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 developing the plan 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". SCOTT
7/13/2004 S Passed CoW
SF1010S2001/ADOPTED (CORRECTED COPY)
Page 6-after line 3 Insert and renumber:
"(vi) Current efforts related to comprehensive medical malpractice and general individual health insurance regulation reform throughout the nation, 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)". MOCKLER
SF1010S2002/ADOPTED
Page 3-after line 3 Insert:
"(vi) Prevention and elimination of unfounded allegations and unnecessary actions against health care providers in cases which do not amount to medical malpractice.". MEIER
SF1010S2004/ADOPTED
Page 11-line 12 Delete "." insert ";".
Page 11-after line 12 Insert and renumber:
"(vii) Whether the physician has hospital privileges at any Wyoming hospital;
(viii) Whether the physician's medical education was funded by the state of Wyoming through WWAMI, WICHE, contract or similar medical education program.". CALLER
SF1010S2005/ADOPTED
Page 11-after line 19 In the Scott Committee of the Whole Amendment (SF1010SW003) to this line, in Section 6(a), delete "The department of health shall develop a plan for a medical safety event reporting system. The plan shall consider:" insert "The department of health shall evaluate the need for a medical safety event reporting system and, if appropriate, develop a plan for such a system. In developing a plan, the department shall consider:". SCOTT, DEVIN
SF1010S2003/FAILED
Page 1-line 7 After "specified;" insert "modifying membership of the health care commission;"
Page 12-lines 5 through 11 Delete.
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) members appointed by the governor. In addition, one (1) member of the senate shall be appointed to the commission by the senate president and one (1) member of the house of representatives shall be appointed to the commission by the speaker of the house of representatives. The legislative members shall be non-voting members of the commission.
(e) The commission shall meet at the call of the chairman. Five (5) voting members shall constitute a quorum.". MOCKLER
7/14/2004 S Passed 2nd Reading
SF1010S3001/FAILED
Page 6-after line 16 Insert and renumber:
"(a) There is created the select committee on medical malpractice risk retention programs consisting of the following members:
(i) Three (3) members of the Wyoming senate appointed by the president of the senate subject to the following:
(A) At least one (1) of the appointees shall be a member of the senate labor, health and social services committee and at least one (1) shall be a member of the senate judiciary committee;
(B) Not more than two (2) of the appointees shall be from the same political party.
(ii) Four (4) members of the Wyoming house of representatives appointed by the speaker of the house of representatives subject to the following:
(A) At least one (1) of the appointees shall be a member of the house labor, health and social services committee and at least one (1) shall be a member of the house judiciary committee;
(B) Not more than three (3) of the appointees shall be from the same political party.
(b) The president of the senate and the speaker of the house of representatives shall each appoint a cochairman of the select committee. The committee may contract with consultants as necessary.".
Page 6-line 18 Delete "(a)" insert "(c); delete "Wyoming health care commission" insert "select committee".
Page 9-line 1 Delete "(b)" insert "(d)"; delete "commission" insert "select committee".
Page 9-line 9 Delete "(c)" insert "(e)"; delete "health care commission" insert "select committee".
Page 12-line 23 Delete "five hundred sixty thousand dollars" insert "four hundred sixty thousand dollars".
Page 13-line 1 Delete "($560,000.00)" insert "($460,000.00)".
Page 13-after line 18 Insert and renumber:
"(e) There is appropriated from the general fund to the legislative service office one hundred thousand dollars ($100,000.00) or as much thereof as is necessary for the select committee for purposes of this act.". GOODENOUGH
ROLL CALL
Ayes: Senator(s) Boggs, Burns, Caller, Case, Decaria, Ginter, Goodenough, Job, Mockler, Peck, Roberts, Sessions and Vasey.
Nays: Senator(s) Anderson, J., Barrasso, Coe, Devin, Erb, Geis, Hanes, Hawks, Hines, Kunz, Larson, Massie, Meier, Northrup, Schiffer, Scott and Townsend.
Ayes 13 Nays 17 Excused 0 Absent 0 Conflicts 0
SF1010S3002/ADOPTED
Page 10-line 16 After "physicians" insert ", nurses, nurse practitioners and physician assistants who are".
Page 10-line 17 Delete "physician providing care" insert "of those health care providers".
Page 10-line 19 Delete "physician's" insert "provider's".
Page 10-line 21 Delete "physician" insert "provider".
Page 11-line 1 Delete "physician" insert "provider".
Page 11-line 4 Delete "physician" insert "provider".
Page 11-line 7 Delete "physician" insert "provider".
Page 11-line 11 Delete "physician" insert "provider".
Page 11-after line 12 In the Caller Second Reading Amendment (SF1010S2004/A) to this line, in paragraph (vii) of that amendment, delete "physician" insert "provider"; in paragraph (viii) of that amendment, delete "physician's" insert "provider's".
Page 13-line 10 Delete "forty thousand dollars" insert "seventy thousand dollars".
Page 13-line 11 Delete "($40,000.00)" insert "($70,000.00). MASSIE
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Case, Coe, Decaria, Devin, Erb, Geis, Ginter, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions, Townsend and Vasey.
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
7/15/2004 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Case, Coe, Decaria, Devin, Erb, Geis, Ginter, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions, Townsend and Vasey.
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
7/14/2004 H Received for Introduction
7/14/2004 H Introduced and Referred to H12
7/15/2004 H12 Recommended Place on 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Baker, Illoway, Johnson, L., Johnson, W., Luthi, Nicholas, Parady, Philp, Ross and Thompson.
Excused: Representative(s) Reese and Simpson.
Ayes 11 Nays 0 Excused 2 Absent 0 Conflicts 0
7/15/2004 H Placed on 3rd Reading Pursuant to Joint Rule 20
See HB1010 in accordance with the Joint Rules of the Special Session