180 YEARS WORKING ON BEHALF OF PHYSICIANS AND THE PATIENTS THEY SERVE
A LEGACY EQUALED BY NO OTHER PHYSICIAN ORGANIZATION IN OHIO
The Academy of Medicine of Cleveland/Northern Ohio
Medical Association (AMC/NOMA) is the only medical organization that represents
the interests of physicians in the Northern Ohio community.
AMC/NOMA
achieved both of these goals in 2002 and into 2003. Physicians in Northeastern
Ohio mobilized and took the lead to achieve both judicial reform and the passage
of meaningful tort reform in Ohio. Our victory at both of these initiatives
clearly illustrates how important a role AMC/NOMA fills as a physician/patient
advocate. AMC/NOMA responded to physicians in the
region in 2002 – we mobilized a strong grassroots effort that resulted in the
passage of tort reform legislation in Ohio. Several key pieces of legislation
passed in 2002 due to the efforts of your AMC/NOMA. These legislative
initiatives included:
§
Limits on
Non-Economic Damages in Medical Liability Suits – Not to
exceed $350,000 in most cases
§
Joint and
Several Liability Reform – Holds defendants liable for only their percentage of
fault
§
Periodic
Payments – Requests can be made to pay out future damages to the
plaintiff in some cases
§
Evidence of
Collateral Source Payments – Allows juries to consider other sources of
compensation already received by plaintiff
§
Prohibition of
Insurance Company – Prohibits an insurer to take any notice of intent into
consideration when setting new rates for an insured physician.
§
Strengthened
Ohio Arbitration Law – AMC/NOMA has prepared a model arbitration agreement
for members
Many physician members from AMC/NOMA took the time out of their
practice to testify before both the House and Senate committee hearings on SB
281. AMC/NOMA believed it very important that physicians take the lead on this
issue and provide their input and testimony. In addition to our lobbying
efforts, AMC/NOMA was the first association in the state to contact the media
regarding the medical liability crisis and the only association to prepare a
broad-based media campaign. The AMC/NOMA produced and distributed thousands of
brochures to patients and physician offices; met with the media; produced two
television ads; radio programs; wrote letters to the editor; planned and
participated in a press conference with the governor in Cleveland and presented
at three physician rallies in Cleveland, Lorain and Columbus.
CHANGES TO THE OHIO SUPREME COURT
No other physician organization was more visible in Northern Ohio
than AMC/NOMA on working to elect justices that were sure to make the law versus
interpret the law. Changes to the Supreme Court were imperative in order to
assure that legislatively enacted tort reforms remained in place and were not
overturned. The AMC/NOMA took the lead in Northern Ohio to achieve wins for
Justice Evelyn Stratton and Maureen O’Connor. The efforts of the AMC/NOMA were
acknowledged by one of the candidates as the organization that had “awakened a
sleeping giant in Northern Ohio.”
AMC/NOMA ONGOING INITIATIVES 2003-2004
AMC/NOMA
proposes several initiatives to further the positive steps taken by tort reform
and to combat the damaging effects on physicians and their patients by the
destabilization of the professional liability insurance market. These
initiatives include Mandatory Arbitration, Establishment of a Medical Review
Panel, creation of a Sliding Scale for Attorney Contingency Fees, Lowering
Required Hospital Liability Limits and the Development of a Patient Compensation
Fund (PCF).
§
Mandatory Arbitration – The recently enacted
medical liability reform legislation (SB 281) included arbitration language that
can be utilized in the State of Ohio. Ohio Revised Code (ORC) § 2711.21-24
authorizes health care providers to enter into an agreement to resolve future
medical malpractice claims through binding arbitration. Based on that
arbitration language, AMC/NOMA developed a model arbitration form. However,
arbitration is not mandatory under SB 281. Therefore, AMC/NOMA supports a
proposal to change the law to substitute ORC § 2711.22-24 with language similar
to what is contained in the California arbitration statute that enables the
patient to agree to arbitration up front. If the patient agrees, the agreement
is irrevocable and binds the patient to arbitration in case of a dispute.
§
Establishment of a Medical
Review Panel
– During the debate on SB 281, AMC/NOMA testified in support of the
establishment of a Medical Review Panel to provide for pre-litigation screening
to eliminate frivolous claims. This medical liability system reform from MICRA
was not enacted in SB 281. The benefit of a medical review board is that it
removes lawsuits from the system before they occur by identifying whether the
claim is valid or not. Other states have instituted this type of panel and it
was very successful. The recent Pinnacle Report provided to the Ohio Department
of Insurance (ODI) provides for a medical review panel in Ohio. Legislation has
been introduced in Ohio through the efforts of meetings with legislators to
establish medical review panels. AMC/NOMA strongly supports this legislation and
we have testified in favor of the bill. We encourage all Northern Ohio
physicians to write to their Ohio legislators in support of this bill.
§
Creation of a Sliding Scale
for Attorney Contingency Fees – During the debate on
SB 281, the AMC/NOMA provided extensive testimony on the need to adopt attorney
contingency fee limits similar to those enacted in California. The AMC/NOMA
provided expert testimony and data to the State of Ohio House and Senate during
testimony on SB 281 that clearly showed that a cap on attorney contingency fees
results in an increase in patient compensation. The recent Pinnacle/ODI study
(as well as other studies) confirmed that a California-type contingency law
would yield a 12 percent increase in damage awards retained by the plaintiff.
The AMC/NOMA continues to strongly support a sliding scale for attorney
contingency fees. We are also part of a statewide coalition working towards
passage of SB 80 (a bill that includes a sliding scale for these fees) – 40
percent of the first $50,000 in damages, 33 percent of the next $50,000, 25
percent of the next $500,000 and 15 percent of any amount exceeding $600,000.
§
Lowering Required Hospital
Liability Limits – All hospitals in Northeastern Ohio require
physicians to carry liability insurance equal to $1 million per incident and $3
million in the aggregate. In addition, the hospitals normally require that
physicians carry insurance with an A minus rating or better. AMC/NOMA supports
reducing the amount of required limits in addition to acceptance of a lower rating
for insurance carriers. To assist physicians in this region in this regard, the
AMC/NOMA has sent out letters to all of the hospitals in Northeastern Ohio
regarding this issue and we have had meetings every few months with the Ohio
Department of Insurance regarding insurance matters.
§
Development of a Patient
Compensation Fund (PCF) – The Pinnacle Report prepared for the
ODI includes a provision for the establishment of a Patient Compensation Fund (PCF).
The PCF is meant to enhance or increase market availability and affordability of
professional liability coverage. The AMC/NOMA believes that the PCF concept may
have merit, however, careful consideration must be given to the issues outlined
in the Pinnacle Report prior to determining whether or not a PCF would be of
assistance to the physicians in the state of Ohio. HB 238 (a bill in the Ohio
legislature) establishes a PCF and includes an annual surcharge on all medical
malpractice policies. AMC/NOMA feels that this item needs to be completely
addressed in the debate on the bill.
Common Good
A
group of healthcare experts have come together under the leadership of Common
Good – a coalition dedicated to restoring the ability to make common choices
and promote legal reform. The group calls upon the United States Congress to
immediately initiate hearings on the broad effects of litigation on healthcare
(not just on the immediate litigation insurance crisis) and to consider
recommendations on how to create new systems of medical justice that will
promote better care.
A
petition was prepared and signed by a large number of health care groups and
medical schools (including the dean of Case Western Reserve University) and
referred on to Congress. The AMC/NOMA has joined in supporting the petition on
behalf of the physicians in Northeastern Ohio. To view the petition, go to the
Common Good web site at www.cgood.org. AMC/NOMA
continues to provide information to Common Good upon request.
Supreme Court Races Gearing Up for 2004
Late
last month, the Ohio Republican Party announced its endorsed slate of Thomas
Moyer for Chief Justice and Judith Lanzinger, Terrence O’Donnell and Paul
Pfeifer for Associate Justices. Moyer and Pfeiffer are seeking re-election.
Terrence O’Donnell was appointed to complete the term of former Justice
Deborah Cook and Judith Lanzinger is the newcomer of the four, who will run in
the open seat. The open seat resulted from Justice Francis Sweeney being
constitutionally barred from running for re-election due to his age.
The
AMC/NOMA’s Political Action Committee (NOMPAC) will be very active in this
campaign. Once again, we face the challenge to ensure that the justices on our
Supreme Court interpret the law and do not legislate from the bench. NOMPAC
believes that in order to make certain that this occurs, we need to keep Chief
Justice Thomas Moyer and Justice Terrence O’Donnell on the court and elect
Appellate Court Judge Judith Ann Lanzinger. These individuals are dedicated to
further establish and preserve the principles of judicial fairness.
There is more work to be
done. Your leadership will continue to go to the legislature with issues and we
will continue to monitor matters of importance to physicians in this region –
not only related to legislation, but community issues as well. This is not the
time for complacency. The medical profession in the Northeastern Ohio region
must stay mobilized and focused.
The
medical profession and medical practice continues to be maligned by the media,
certain attorneys, government officials and others. Society has to be reminded
that corporations, insurance companies and medical malpractice attorneys do not
provide health care – only physicians provide health care. There is only one
organization in the community that speaks for the broad constituency of
physicians, AMC/NOMA. The AMC/NOMA is truly the physician advocacy organization
in Northeastern Ohio. We work everyday utilizing our resources and staff on
behalf of the physicians in Northern Ohio.
The
effectiveness of the AMC/NOMA, like that of any professional society, is
directly related to the number of members who actively participate in its
programs and activities. The success of the AMC/NOMA efforts and activities is
entirely dependent upon strong commitment and involvement in organized medicine.
This year we are continuing our campaign to assist physicians with the medical
liability crisis by providing tangible and verifiable survey information on the
medical liability crisis legislators and the media. We are continuing to keep
the public informed of the crisis through the media, our website, physician
office brochures and meetings with both federal and state legislators. A seminar
hosted by the AMC/NOMA is in the planning stages for 2004.
AMC/NOMA – THE PHYSICIANS’ ADVOCATE FOR 180 YEARS
AMC/NOMA
knows that there has never been a more difficult time to be a physician. The
judicial system, insurance companies and even some patients treat doctors as
enemies, instead of caregivers and guardians of society’s well being.
How AMC/NOMA Assists Physicians
§
Advocacy – AMC/NOMA represents
physicians before the Ohio General Assembly, State Medical Board and other state
and federal regulatory boards. We formulate legislative strategies and provide
testimony before the legislature. AMC/NOMA’s Physician Advocacy Committee
(consisting of our members) addresses issues related to the media, hospital
credentials, medical liability and other matters of critical importance.
§
Media Relations – AMC/NOMA acts as the
spokesperson for physicians and organized medicine in Northeast Ohio. We develop
aggressive media campaigns to keep the issues that matter most to our members
top-of-mind with the public.
§
Counsel – Rules change. AMC/NOMA
provides resources regarding legal counsel, contract and practice review,
insurance services, computer billing programs, practice promotional tools and
investment options.
§
Communications – AMC/NOMA keeps members
informed of changes and developments in the medical community through our
magazine, The Cleveland Physician, our
website (www.amcnoma.org) and regular
mailings, faxes and emails.
§
Community Service – AMC/NOMA offers
physician referrals, pollen line and the Tel-Med library.
§
Access – Through the AMC/NOMA
website, members have access to legislators and the public has access to our
members.
ABOUT THE AMC/NOMA
The
AMC/NOMA is Northeastern Ohio’s professional medical association. We are a
non-profit, 501(c) 6 professional trade organization, and we represent the
Northern Ohio medical community. The professional organization was originally
formed as the Nineteenth District of Ohio in 1824, becoming known as the Academy
of Medicine in 1902. In 1999, the society added the Northern Ohio Medical
Association name and became the AMC/NOMA changing our focus to an independent
regional organization. The mission of the AMC/NOMA is to support physicians in
being strong advocates for all patients while promoting the highest quality of
medicine. Our dues were reduced in 1999 when we became independent and have
remained constant, while other associations have raised their dues by more than
20 percent over the past few years.
We
have several options available that you can use to sign up for membership:
1.
Call
216-520-1000 ext. 309 and sign up over the phone
2.
Go
to our website at www.amcnoma.org and
click on “Become a Member” to fill out an application online.
3.
Send
an email to lhale@amcnoma.org asking to
become a member of the AMC/NOMA today.
We
need all physicians in the community to work through the AMC/NOMA and support
our efforts. The AMC/NOMA has supported physicians’ causes for over 180 years
– a record equaled by none. Trial lawyers continue to speak out against Ohio
tort reform legislation. They speak with one voice, not through myriad different
organizations. With efforts to change the makeup of the Ohio Supreme Court, 2004
is a critical year. If this is achieved, the trial lawyers will almost certainly
test the constitutionality of the cap on non-economic damages.
WE NEED YOUR SUPPORT AND YOUR INVOLVEMENT IN THE AMC/NOMA