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Medical
Malpractice Insurance Crisis
A Threat to Patient Access
to Health Care
Legislation & RegulationTort reform
and other legislative or regulatory action are needed on the state
and federal level to ensure a stable medical malpractice market
in Ohio and across the nation.
Regulations
OAC 3901-1-64
Adopted in
2005, this regulation requires licensed insurers, risk retention
groups, self insurers and others offering medical malpractice
insurance to submit by May 1 certain information regarding medical liability
claims closed during the preceding calendar year. This rule will
enable the department to monitor claims frequency and severity
trends in the Ohio market, including the large number of
self-insured providers.
OAC 3901-1-65
Adopted in
2006, this regulation requires commercial insurance companies
offering medical liability insurance to annually file information
with the Ohio Department of Insurance that justifies their rating
plan even if the company is not seeking an increase. This rule will
enable the Department to ensure that rates are priced appropriately
based on recent claims frequency and severity. |
State Legislation left pending
Senate Bill 88
Introduced:
March 2005
Status: Senate Insurance, Commerce & Labor Committee
OHA position: Support with amendments.
To
establish
a pilot program mandating arbitration for claims of medical
negligence prior to the filing of a complaint.
SB 88 to be Amended
(1.27.06)
State Legislation Left Pending in the 125th
General Assembly
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Enacted State Legislation
Senate Bill 80
Enacted: January 6, 2005
Effective: April 6, 2005
OHA position: Support
A business-backed comprehensive tort reform bill that would
establish a punitive damage cap benefiting hospitals.
State Legislation Enacted in
the 125th General Assembly
House Bill 66
Introduced: February 2005
Status: Passed. Signed by Governor 6/30/05. Effective
immediately.
To make operating appropriations for the
biennium beginning July 1, 2005 and ending June 30, 2007.
Would eliminate hospital exemption of 5-percent tax on annual gross
premiums on entities that purchase various types of liability
insurance.
Resources:
OHA Letter
to Rep. Tom Raga
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Enacted Federal Legislation
S. 544/H.R.
3205
Patient Safety and Quality Improvement
Act
Enacted: July 2005
OHA position: Support
Encourages voluntary reporting of events that adversely affect
patients by creating legal and confidentiality protections for
patient safety information that providers share for educational
purposes.
Pending
Federal Legislation
H.R. 2580
Help Efficient,
Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2007
Introduced: June 6, 2007
Status: Pending in
House
OHA position: Support (also supported by American College
of Obstetricians and Gynecologists)
Would limit non-economic damages at $250,000, limit the number
of years in which a plaintiff can file a medical liability
action, and make other reforms to the medical liability
system.
S. 243
Medical Care Access Protection (MCAP) Act of 2007
Introduced: January 10, 2007
Status: Pending in
Senate
OHA position: Support (also supported by American College
of Obstetricians and Gynecologists)
Would limit non-economic damages at $250,000, limit the number
of years in which a plaintiff can file a medical liability
action, and make other reforms to the medical liability
system.
2005-2006 Federal
Legislation left pending
2003-2004 Federal Legislation |
Resources
OHA Bulletin:
124th General Assembly Enacts Tort Reform
Pending state tort reform legislation as tracked by Columbus law firm
Bricker & Eckler, LLP.
Search for state legislation
Search for federal legislation
Questions?
Contact Rick Sites, OHA General Counsel, at
ricks@ohanet.org or 614.221.7614.
Back to
Medical Malpractice Main Page
© 2001-2008 OHA. Last updated
January 03, 2008.
Please direct comments, corrections or additions to: oha@ohanet.org
614.221.7614.
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