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ANDREW
P. HARRIS, MD January 8, 2005 Dear Fellow Maryland Physician, Thank you for giving me the opportunity to explain my position on HB2, the medical malpractice reform/ rate stabilization bill that will be vetoed by Governor Ehrlich on Monday. As you probably realize, through my experience over the last 20 years as a practicing physician, and through my participation on the Governor's Commission on this crisis that met this summer and fall, I believe that I understand what is desireable, what is achievable, and what this bill accomplishes. First, please remember that, from the beginning, the call from physicians was for meaningful legal reform to stem the tide of medical malpractice suits that are sapping the vitality of the Maryland medical community. Therefore, meaningful tort reform must exist in any bill that I would support on this issue. Anything less is simply unacceptable as the end result of the legisislative process. I believe strongly that this bill falls woefully short on this issue. The only part of the bill that even comes close to being meaningful is the wrongful death cap limitation. But an $812K cap doesn't help docs who have $1M policy limits, because the cap is so close to that limit it won't result in decreased premiums. It may help the "deep pocket" hospitals, but remember their existence is virtually guaranteed through the HSCRC reimbursement mechanism. No such guarantee exists for phsyicians. We need a lower cap. Second, the bill gives in to the trial lawyers on lowering the standard of evidence in disciplinary actions against physicians. Why is the standard for lawyers that currently exists not good enough for doctors? Why did we fight so hard for two years to stop this trial lawyer initiative, only to give it away in this bill? Finally, although you may have read differently, the premium stabilization "scheme" in this bill only guarantees a 5% increase for one year, and one year only. In future years, there is absolutely, positively not enough money in the bill for rate stabilization to keep the rates down to 5% growth, unless you assume that Med mutual and the other insurers would otherwise be lowering their premiums in next summer's rate request. I believe the national record shows that rates do not decrease anywhere where significant, substantial tort reform has not been enacted. And this bill has too little tort reform, two years too late for it to be effective next year in lowering premium requests. I believe that we will be in the same situation next fall, with little hope of enacting additional tort reform at that time. For these reasons, as well as the imposition of an HMO tax on the most affordable policies that are purchased by the most needy segments of the Maryland public, I opposed HB2, and urge you to oppose it as well. Sincerely, Andrew P. Harris, MD |
