With Republican domination of Pennsylvania government in 2011, the Pennsylvania Medical Society (PAMED) will have an opportunity to go on the offensive in pushing physicians' legislative priorities in areas that are traditionally favored by Republicans, such as tort reform.
At the same time, PAMED will have to work hard to preserve funding for key programs, as the new governor and legislature are likely to make significant spending cuts to address a huge $4 billion state budget deficit.
The PAMED priority list includes a wide range of public health proposals, some revived from last session and some new. A few highlights are:
- "Opt out" testing of patients for HIV
- Regulation of tanning salons
- A ban on texting and cell phone use while driving
- Implementation of the Pennsylvania Health Information Exchange
- Statutory authority for the Chronic Care Commission
Also high on PAMED's wish list is phasing out the Mcare Fund and retiring the Fund's $1.34 billion unfunded liability without cost to physicians. The veto by Gov. Ed Rendell of Senate Bill 1280 keeps the current phase-out process in place, with the Insurance Commissioner reviewing the capacity of the private insurance market every two years.
Tort reforms that PAMED hopes will be considered in the next session include:
- A constitutional amendment permitting caps on pain and suffering awards
- Limits on plaintiff's attorney fees
- A law prohibiting apologies by physicians to injured patients from being used in court
- Absolute immunity for physicians who provide uncompensated care
- Tightening the exception (loophole) in the expert witness requirement.