N.J. Governor Signs Med Mal Reform Bill

By Michael Ha

NU Online News Service, June 8, 12:58 p.m. EDT?New Jersey Gov. James McGreevey signed a medical malpractice insurance bill into law Monday which among its provisions sets some restrictions on lawsuits and creates a fund to subsidize the state health care industry's coverage costs. [@@]

The governor said it provided change for the future and immediate short-term benefits, but critics said it won't do much to improve the state's marketplace in the long run. The bill was passed after nearly two years of negotiations in the state legislature.

"Thanks to a focused commitment from all parties, this medical malpractice law is comprehensive, providing short-term relief and long-term reform," Gov. McGreevey said.

"Our overriding priority," he said, "is to ensure that patients have access to doctors and quality health care, and this bill meets that objective in several ways."

The final version of the bill, A50, was approved by the Democrat-controlled state Assembly in a 46-25 vote last month. The approved bill was a revised version that incorporates changes made by the state Senate, also controlled by Democrats, in March.

The key provisions of the bill include a $78.3 million three-year subsidy fund to help physicians and hospitals pay for medical malpractice coverage.

The subsidies would be funded by physicians, lawyers, chiropractors and dentists?professionals who would pay a $75-per-year license fee. Hospitals and other health care employers would also pay a $3 tax on each worker.

The bill also sets stricter guidelines for filing malpractice lawsuits, gives judges more leeway to control monetary awards, and encourages mediation rather than court battles.

Additionally, the legislation expands the Good Samaritan Act, allowing health care workers who respond to emergencies beyond their normal duties to receive protection from civil lawsuits.

But critics argue that the bill lacks one critical element needed to stabilize the state's medical malpractice insurance marketplace: putting caps on non-economic damages in jury awards.

Richard Stokes, a representative for the Des Plaines, Ill.-based Property Casualty Insurers Association, noted that while he had expected the governor to sign the bill, "we also sent him a letter last week asking him to veto the legislation."

Mr. Stokes said a veto was asked because "while there are some short-term positive aspects to the legislation, we just don't see how it could help the long-term stability of the marketplace."

"Again, the critical part of the bill that's lacking is caps on non-economic damages. We think that's critical to help develop a long-term strategy to stabilize the marketplace," Mr. Stokes commented.

Still, Mr. Stokes observed that this is probably as far as New Jersey politicians are willing to go in addressing the med mal insurance issue. "I don't think there is going to be anything more," he said. "Considering the fact that this took two years and numerous committee hearings, I just don't think the state legislature has any wherewithal to look at further reforms at this stage."

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.