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Tort reform helps insurance not doctors

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   http://www.joplinindependent.com/display_article.php/b-holden1083110135

http://www.joplinindependent.com/display_article.php/b-holden1083110135

Today is: Wed, Apr 28, 2004

Gov. Holden defends tort reform bill veto by: b-holden
Updated: 2004-04-27 18:55:35-07

Today, I am announcing that I have vetoed HB 1304. I have made clear my objections to this bill in the past, yet the legislature has sent me a bill they knew I would not be willing to sign, rather than sending me legislation that would meaningfully address the costs of malpractice insurance for physicians.

The bill sent to my desk ignores the need for insurance reform and uses the special needs of doctors as camouflage to give unwarranted protections to corporate interests at the expense of injured workers as well as men, women and children who are victimized by dangerous products.

So while I recognize and support litigation restrictions that address the special needs of physicians, I do not endorse inappropriately tilting the scales of justice in a manner that would provide advantages to large corporations at the expense of the injured party.

I urge the legislature to immediately begin work on legislation that incorporates the many areas of agreement on needed protections for physicians. That bill should include: caps on non-economic damages; reversal of the Scott Decision, the case which allows multiple caps for non-economic damages; Affidavits of Merit from a physicians licensed and practicing in a similar specialty; and increased Medicaid payments for OB/GYNS.

But most importantly, if we are to address the real solution, the legislature should send me a bill that includes insurance reform, which is the most effective way to reduce physicians' insurance rates.

At a time when insurance profits are at record levels, it is beyond me why the legislature would fail to include meaningful insurance reform.

At a time when the top three Med Mal insurance companies in Missouri have posted profits totaling $60 million; have benefited from record low payouts and have increased their premiums to Missouri doctors by as much as 100 percent, it is wrong to send me a bill that further increases profits for insurance companies at the expense of doctors.

So instead of repeatedly sending me proposals that will not fix the problem and that they know I will veto, I urge the General Assembly to immediately pass legislation that I can sign.

This would demonstrate that they are sincerely interested in solving the malpractice insurance problems for physicians, rather than kicking around a political football.

I will be presenting a bill later today to the legislative leadership which includes the areas of consensus and includes insurance reform measures.

While this proposal is not everything the legislature wants to do, it includes most of the provisions that all parties have negotiated agreement on and if this does not fix the problem, which I believe it will, this matter can be revisited in a future legislative session. They should get to work immediately.

Gov. Bob Holden



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Tort reform helps insurance not doctors

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