In an effort to get comprehensive tort reform legislation moving again and provide the full Ohio House of Representatives with an opportunity to vote on this important legislation, the Ohio Senate placed all but the asbestos provisions of the Senate-passed version of SB 80 into Sub. HB 350 and is expected to pass it out of the Senate today. This is a strategic decision intended to reenergize consideration of meaningful tort reform as outlined in SB 80, which has been stalled under a glut of hearings in the Ohio House Judiciary Committee.
The bill will now return to the House for a concurrence vote. A "no" vote on concurrence will require referral to a conference committee.
The proposed legislation will in part:
* Establish a cap for non-economic damages in all tort actions
* Place limits on punitive damages in all tort actions
* Eliminate the "collateral source" rule, informing juries of plaintiffs' recovery of compensation from multiple sources
* Establish a "statute of repose" (time period limit) for products and construction
* Create a provision requiring approval of attorney fees that exceed certain damage caps
Democrats objected to the maneuver of Senate Republicans, but the House sponsor of the obesity bill, Rep. Bob Gibbs (R-Lakeville), endorsed the strategy. Democrats offered nearly 30 amendments, all but two of which were tabled or rejected. The committee unanimously approved an amendment that plaintiff attorneys would no longer have to name numerous health care providers in lawsuits to avoid a one-year statute of limitations because the deadline against other potential defendants would be halted pending investigation of the case.
Defeated or otherwise tabled were proposals that would have:
--incorporated a proposal (SB 204) for a one-year moratorium on increases in medical malpractice insurance rates;
--reduced insurance premiums by 20%;
--established a procedure under which the state insurance commissioner would have to approve insurer rates before they take effect;
--allowed for consumer advocacy in insurance rate proceedings;
--prohibited the use of credit scoring in determining insurance rates;
--provided for the election of the state insurance commissioner.
--specified that juries could be advised of insurance coverage that might be available to cover damage awards, and;
--prohibited the distribution of medical records overseas.
The AMC/NOMA strongly supports SB 80. We will keep our members apprised of how this bill progresses in the future.