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Senate rejects medical liability reform legislation

LTC Liability Monitor, April 15, 2004

The president/chief executive officer of the American Health Care Association (AHCA) expressed disappointment over the Senate's rejection of the Pregnancy and Trauma Care Access Protection Act last week.

Charles H. Roadman II, MD, CNA, called the Senate's decision a "wasted opportunity to reinvigorate the debate on medical liability reform," according to the association's press release. The bill contained provisions to mitigate excessive liability costs for obstetricians, gynecologists, and emergency and trauma care professionals by limiting noneconomic damage awards.

AHCA reinforced the need for reform by citing an Aon Risk Consultants study that concluded nursing homes divert 5% of total Medicaid reimbursement-which covers only 67% of resident care costs-to cover litigation expenses.

Roadman urged policymakers to revisit the issue of medical liability reform in the future and said AHCA will work to raise awareness of the healthcare industry's need for a resolution to the liability crisis.

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