It's been a long, difficult process, but compromise medical malpractice legislation may be reaching light at the end of the tunnel. The House-Senate conference committee, on which I serve, recently agreed to the major concepts of the bill.
One of the major differences between the House and Senate bills was the method by which the Legislature would offer physicians financial relief. While the House had proposed a 20 percent personal income tax credit after the first $10,000 of annual adjusted medical liability insurance, the Senate wanted to enact a credit against the provider tax, which is paid into the Medicaid fund, and generates a 3-to-1 federal match.
The conference committee has decided upon offering $5 million a year in provider tax credits for two years, a total of $10 million. The credit would be 10 percent of the premium over $30,000, or 20 percent if the premium is higher than $70,000.
The original Senate bill stipulated that if a physicians' mutual insurance plan was not set up by the doctors, any new "tort reform" measures - measures to limit frivolous lawsuits or overly large jury verdicts - would be revoked. That element was eliminated.
A Senate provision that has been preserved was a one-time, $1,000 assessment against physicians to help fund the physicians' mutual.
As far as the "tort reform" measures, both houses agreed to a $250,000 cap for noneconomic damages, and a $500,000 cap for wrongful death or very serious bodily impairment cases. There would be a $500,000 cap on trauma care cases.
Meanwhile, another major issue which was not heavily discussed early in the legislative session has surfaced. Nearly eight months after the Legislature tried unsuccessfully to adopt coal truck weight legislation, the Senate is producing a bill that is gaining momentum. Although the bill, introduced by Senate Majority Leader Truman Chafin of Mingo County, was initially denounced by Gov. Bob Wise, it has since been amended, apparently to the satisfaction of the governor.
As first introduced, the Senate legislation would have raised weight limits, but left much of the authority in deciding upon safety rules to the state secretary of transportation. But Gov. Bob Wise has stood by the legislation he introduced during a special session last summer - legislation developed after months of study by a task force. The Senate Finance Committee has since incorporated the governor's safety and enforcement provisions into the current bill.
The Senate bill would permit coal trucks weighing up to 126,000 pounds to travel on designated roads in 16 West Virginia counties. There are still requirements that the highways commissioner determine how much coal is hauled on the roads and whether bridges can support the trucks. The bill would fine trucks caught hauling overweight, and the money would be put into a fund to repair roads in the coal hauling system. All haulers would be charged a penny a ton for using the coal haul roads, and that money would also go into the maintenance fund.
Drivers of overweight trucks who use "spotters" to look out for inspectors would be fined $1,000 to $2,000, and there would be a progressive set of penalties for speeding based on the number of violations.
Also, after weeks in conference committee, a House-Senate conference committee has agreed to compromise legislation dealing with all-terrain vehicles. Many lawmakers have complained that the safety bill is far too weak, and some have even said they would rather the Legislature pass no ATV bill than adopt such a limited one. But in the past several years, ATV bills have been presented to the Legislature, with few results. Because the vehicles have become such an important part of West Virginia's tourism industry, as well as agricultural work, legislators have been very reluctant to adopt restrictions. So this legislation, however limited, is a first step.
The compromise legislation would require riders under the age of 18 to wear helmets and operators under age 18 to participate in a training course. Riding on paved roads with a centerline would be prohibited, although ATVs could travel for up to 25 miles on the berm of a roadway to get from one section of a trail to another. And the restrictions could not be enforced on private property where riders have permission to use their ATVs.
Twenty-seven West Virginians died in ATV accidents in 2002, and the U.S. Consumer Product Safety Commission reports that the number of ATV related injuries requiring hospital treatment increased by more than 100 percent over the last five years. It seems those kinds of statistics are motivating lawmakers.
Unfortunately, at the time I write this column, there is some question as to whether the conference report will be accepted by the Senate, but I'm hopeful a compromise can be reached.
I welcome and appreciate your input on these issues, or any other legislative matter. Please call me at (304)340-3106 or write to Delegate Virginia Mahan, 215-E, Capitol Complex, Charleston, WV 25305.