FOGS Addresses The Liability Crisis

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FOGS Addresses The Liability Crisis

Chris Seymour, Executive Director

In May, the FOGS Executive Committee established the Liability Insurance Committee, chaired by Dr. Robert Yelverton, to examine the insurance crisis as it bears directly on obstetrics and gynecology. This new committee is charged to identify and develop solutions that can be implemented to assist in effective relief for members in the short-term. The Committee met on July 26, 2002 during the annual meeting with approximately 23 members representing membership throughout the state. ACOG Vice-Chairman of Fellows Dr. Al Strunk, NICA attorney Wilber Brewton, and our legislative lobbyist for FOGS Amy Young all prepared presentations for the group from both national and state perspectives, and through efforts at NICA.

HR 4600 (THE GREENWOOD BILL) AND S 2793
Nationally, the efforts will focus on working with ACOG and support the passage of H.R. 4600 in the US House of Representatives. Often referred to as the Greenwood bill, this legislation calls for many of organized medicine's goals in achieving Tort reform. A Senate companion bill (S. 2793) has recently been introduced by Senator John Ensign (R-NV). On July 25th, Dr. Strunk attended a meeting with President Bush, at which time the President expressed his support for the Tort reform effort and both bills, which favor a $250,000 cap on non-economic damages and place a reasonable limit on punitive damages without preempting existing state law. There is some momentum on the bill, and the timing of the bill introduction in the Senate was designed to coincide with President Bush's renewed efforts on medical malpractice reform. However, it is likely that efforts will continue late into the year before the issue will be debated and reconciled in the chambers of Congress. In the interim, FOGS will establish a mechanism on its website for contacting legislators about support for this bill. Florida is a critical state; and every contact with legislators that our membership can create will make a difference.

COORDINATION AT THE STATE LEVEL
At the state level, we can expect our President, Dr. Spurgeon McWilliams, and Committee Chair, Dr. Robert Yelverton, to quickly arrange meetings with the Governor, Insurance Commissioner, the incoming President of the Senate and Speaker of the House. Furthermore, our efforts at the FMA House of Delegates this August will focus on unifying our efforts with other specialties also suffering from the lack of insurance availability and rising premiums. The goal will be effective legislative relief this year. Other proactive changes are being considered at NICA, and it has been suggested that a package of new considerations could provide even greater relief.

MEMBERS AND THE ISSUES OF GOING BARE
The FOGS Executive Committee and Florida Section of ACOG are very concerned about our members going bare or leaving the state. There is also the problem of hospitals which require insurance above the state mandated minimums. Moreover, several managed care organizations are demanding insurance coverage, making the problems even tougher for many of those having to go "bare". In this regard, FOGS will formally write the Florida Hospital Association and ask them to allow physicians to continue to operate at the state mandated levels. Further study will be necessary on how to address insurance and reimbur-sement issues with managed care. Of concern is the requirement of insurance without provision for reimbur-sement adjustments for insurance cost or consideration of availability to the physician. The committee feels that members should make sure they are apprised in the areas of personal asset protection, legal defense, and the benefits of continued participation in NICA. The Florida Section of ACOG has pledged $2500 as a matching fund grant to FOGS to offset costs and expenses during this high period of activity. The committee is looking towards being able to use these funds with FOGS funds to educate the member-ship on what it means to go bare and how to protect themselves.

EDUCATING THE PUBLIC
Creating the right message, one that can be easily explained and understood by the public at large, is a critical task the Committee feels is essential to any relief. Education of the public is possibly our greatest challenge. An example of patient communications available now is the ACOG "Red Alert Campaign". Members are encouraged to use these materials in conjunction with anything that can be produced by FOGS as a companion piece regarding Florida specific issues. As a proactive measure, the NICA Board pledged $15,000 to FOGS in an effort to educate our patients on the malpractice crisis and how they can be a part of effective change.

COMMUNICATING PRACTICE PROBLEMS
Lastly, the board wants to document the issues facing our membership. We have therefore provided a report form. Please use it to address your specific problem and the challenges you are facing. Each report will be categorized and become part of a report we will provide to our legislators and other leaders in state and national govern-ment. Please do not expect answers from us on your particular issue, as we will use these in aggregate to identify and address issues from a broad perspective.

The Committee has established an extensive agenda and their work is only beginning. Your support of these efforts is appreciated.