Legislature(2005 - 2006)BUTROVICH 205
03/29/2005 10:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB67 | |
| SB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 67 | ||
SB 67-CLAIMS AGAINST HEALTH CARE PROVIDERS
10:38:23 AM
CHAIR SEEKINS announced SB 67 to be up for consideration. He
asked committee members to submit any proposed amendments. He
advised public testimony was closed.
SENATOR GRETCHEN GUESS asked whether there was a definition of
healthcare providers in the Alaska Statutes.
CHAIR SEEKINS announced a brief recess while his staff checked
for a definition.
10:46:00 AM
CHAIR SEEKINS read aloud the definition of healthcare providers:
Our intent is to cover doctors, nurses, nurse
practitioners, physicians assistants, all
healthcare providers including those that are
named here, acupuncturists, audiologists, speech
pathologists, chiropractors, dental hygienists,
dentists, dispensing opticians, podiatrists,
naturopaths, optometrists, pharmacists, physical
or occupational therapists, psychologists,
psychological associate, hospitals. There is a
definition and it is under AS 09.55.530-560.
10:47:46 AM
SENATOR HOLLIS FRENCH commented one issue is the small market of
insurance providers in the State of Alaska. He suggested the
committee look at other like-sized markets for comparison.
CHAIR SEEKINS voiced the primary concern is Alaska has two
insurance providers, both of which are mutual companies. If one
of the two companies leaves Alaska, the fear is the other will
not pick up the physicians left behind. The main concern is the
shrinking number of providers.
10:50:30 AM
SENATOR GENE THERRIAULT noted that hedonic damages are separated
from non-economic damages in Section 2, subsection (c).
CHAIR SEEKINS agreed it appeared redundant.
SENATOR THERRIAULT asked whether there was a reason for the
separation.
10:51:47 AM
CHAIR SEEKINS asked Mr. Bill Hogan whether the wording should be
"other" hedonic damages.
10:52:25 AM
MR. BILL HOGAN, Alaska Physicians and Surgeons, agreed the
wording sounded redundant. He said he is not sure of the
distinction between "hedonic damages" and "loss of enjoyment of
life."
CHAIR SEEKINS asked whether the intent of the Alaska Physicians
and Surgeons group was to limit damages for the occurrences
listed in Section 2, subsection (c).
MR. HOGAN answered correct.
CHAIR SEEKINS asked Mr. Hogan if he would object to deleting
"but may not include hedonic damages" on Page 2, line 3.
MR. HOGAN answered no.
10:53:21 AM
SENATOR THERRIAULT suggested the drafter chose to use the
language for a reason.
CHAIR SEEKINS called a brief at ease at 10:54:03 AM in order to
contact the drafter for comment on the chosen verbiage.
CHAIR SEEKINS reconvened the meeting at 11:01:14 AM.
CHAIR SEEKINS asked drafter Don Bullock to explain Section 2,
subsection (c).
MR. DON BULLOCK, attorney, Legislative Affairs Agency, explained
"hedonic damages" means life is not what it used to be. Hedonic
damages would be different than "pain and suffering" if the case
involved a person suffering from a brain injury that precluded
them from feeling pain. It is difficult to put a value on
hedonic damages since it is a "quality of life" issue rather
than a "pain and suffering" issue. The definition in SB 67 is
out of Black's Law Dictionary. It is an additional type of
damage from those listed in Section 2, subsection (c).
11:03:41 AM
SENATOR FRENCH suggested they modify the current system to bring
assurance to both the insurance industry and the practitioners.
He proposed they bring the cap down slowly to reach a happy
medium.
11:05:20 AM
CHAIR SEEKINS asserted there is no restriction on a person
recovering for actual damages. SB 67 speaks of non-economic
damages.
11:05:56 AM
SENATOR FRENCH proposed a conceptual amendment to change the
caps to $350,000 and $850,000. Children and old people would
suffer most from SB 67 because they cannot demonstrate a large
earning capacity. He suggested the committee revisit the changes
next session to see whether they are working.
11:07:09 AM
SENATOR THERRIAULT objected. He maintained the conceptual
amendment would fix nothing.
CHAIR SEEKINS agreed.
SENATOR FRENCH disagreed. He stated it would lower total
exposure by a significant amount. Under his proposal, any
million-dollar jury case would be reduced by 15 percent. His
suggestion would show the Legislature is working toward a
solution that will result in a reduction in total awards.
11:08:50 AM
SENATOR GRETCHEN GUESS asked Senator Therriault to expound on
why he feels the split cap is not working.
CHAIR SEEKINS offered to answer the question. The Legislature
should deal with the definition of "severe" as it applies to
many liabilities. Currently severe is defined as anything that
can be embarrassing. It is easy to claim a case belongs in the
higher cap category. The intent with medical malpractice issues
is to put a hard cap into place.
11:11:18 AM
SENATOR GUESS stated the Bethel case had more to do with the
jury making the decision of severity. She voiced the problem was
in defining severe personal impairment or severe disfigurement.
CHAIR SEEKINS agreed and stated the Supreme Court provided the
jury with the definition.
SENATOR GUESS added it is difficult to determine where the
middle ground should be in regards to insurance claim caps. She
voiced support for Senator French's proposed amendment.
11:12:45 AM
CHAIR SEEKINS asked for a roll call and the proposed conceptual
amendment failed 3-2 with Senators Huggins, Therriault and Chair
Seekins dissenting.
11:13:13 AM
SENATOR CHARLIE HUGGINS moved CSSB 67(JUD) from committee with
individual recommendations and attached fiscal note(s).
SENATOR FRENCH objected. He asserted CSSB 67(JUD) would deny
benefits to the most seriously injured Alaskans.
11:14:18 AM
Roll call moved CSSB 67(JUD) out of committee by a 3-2 vote with
Senators French and Guess dissenting.
| Document Name | Date/Time | Subjects |
|---|