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Oct. 7, 2005
The Speaker’s Task Force on Medical
Malpractice on Thursday of this week concluded its deliberations
and is prepared to forward recommendations to the Speaker and
Legislature regarding the reestablishment of legislatively adopted
caps on noneconomic damages in medical malpractice cases in
response to a recent Supreme Court decision declaring the current
caps to be unconstitutional. (See article below.) This helps to
set the stage for a fall floor period which is expected to deal with
several civil justice issues in order to address what many believe
to be the number one economic development issue facing the
state - that being the severe damage to Wisconsin’s “litigation
atmosphere.”
Other items pending before, or expected to be introduced soon, include
measures to address two other recent court cases dealing with punitive
damages and employer/seller liability, as well other product liability
changes and standards for expert opinion evidence.
Policy Developments
Malpractice Task Force Provides Recommendations
At its final meeting on Oct. 6, the Assembly Medical
Malpractice Task Force finalized its recommendations for possible
legislative action. While stating that any legislation should address the
Supreme Court’s recent decision, and should clarify and reinforce their
finding and objectives for a cap on noneconomic damages, the Task Force
recommended three alternative proposals.
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Establish a two-tiered system under which injured
minors have a higher cap than injured adults.
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Establish a cap on noneconomic damages as the greater
of either a base-level cap, or a set amount times each year of life
expectancy of the injured patient. The life expectancy factor would be based
solely on the age of the injured patient at the time of the act of
malpractice, not on the specific health condition either before or after the
malpractice.
-
Cap noneconomic damages at a specific dollar amount.
The Task Force did not recommend dollar mounts for the
above proposals, but recommends methods for determining an appropriate cap,
including considering what other states use as a cap on noneconomic damages;
actuarial data and studies presented to the Legislature; the amounts of
noneconomic damage awards in medical malpractice cases in Wisconsin; and,
testimony, data and other information presented to the Task Force.
Supreme Court will hear Eminent Domain Case
The Wisconsin Supreme Court will hear a case which
involves the eminent domain acquisition of a home for an airport expansion
project in Milwaukee. The Supreme Court will clarify what evidence is
permitted in eminent domain cases where property owners challenge the
government’s payment for their property.
Eminent domain issues have had particular interest
since a recent U.S. Supreme Court ruling heightened awareness of potential
takings of individual dwellings for purposes of third party development or
redevelopment.
AB 657, currently in the Senate, prohibits the condemnation of property
that is not blighted if the condemnor intends to convey or lease the
acquired property to a third party private entity.
Governor Doyle Accepts Report on Wisconsin’s
Emergency Preparedness Plans
On Friday October 7,
Governor Jim Doyle accepted a report from Major General Al Wilkening,
Adjutant General of Wisconsin and Wisconsin’s Homeland Security Advisor,
evaluating
Wisconsin’s Emergency Preparedness plans and recommending specific
action the state will take to avoid mistakes made in the response to
Hurricane Katrina. The Governor was joined by the
Red Cross at the press conference.
-
Mass Evacuation Plans Must be Developed: At the
state level, six key state agencies, in cooperation with the Red Cross, are
responsible for specific tasks in support of county and local evacuation and
shelter planning. A key finding of this report is that while all plans can
accommodate small to medium evacuation and shelter efforts, they have not
planned for a large scale catastrophe.
-
Special Needs Populations must be Identified Early:
Hurricane Katrina showed the need for government and private health care
providers to keep track of elderly and disabled residents and have detailed
evacuation plans for them in place. This review found that while most
Wisconsin counties and municipalities do maintain lists of nursing homes and
other specialized care facilities in their plans, there may be individuals,
groups, and facilities that have not been identified.
-
Evacuation and Emergency Plans are Required for
Nursing Homes, Hospitals and Related Facilities: Wisconsin law requires
nursing homes, hospitals and related facilities to have all-hazards
emergency response plans that are exercised on a local and regional basis
annually.
-
Local, State and Federal Responses must be
Effectively Coordinated and Competently Led: In December, 2004, Governor
Doyle issued Executive Order #81, designating the National
Incident Management System (NIMS) as the basis for incident management in
the state of Wisconsin, which provides a single standardized system of
emergency response. The state will encourage local and tribal governments to
adopt NIMS, providing consistency across levels of government in an
emergency situation.
New Microgrant Program Spurs Entrepreneur and
Inventor Club
Economic development corporations, chambers of commerce
and other organizations interested in creating an Inventor and Entrepreneur
(I&E) Club in their area may now apply online for a microgrant from the
Wisconsin Entrepreneurs' Network (WEN).
The program is funded by WEN and the Wisconsin
Department of Commerce. Eligible counties may apply for a $1,000 grant to
establish a local club, thus enhancing an area's entrepreneurial culture.
Committee Passes Health Bills
During an executive session
Wednesday, the Senate Judiciary Committee recommended passage of three
health care bills, by a partisan vote of 3 to 2.
-
SB-71: prohibits the recovery of damages from a person in a wrongful
birth or wrongful life action if the damages resulted from a condition that
existed at the time of the child’s birth and the defendant’s negligence
contributed to the mother’s decision not to undergo an abortion.
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SB-72: Prohibits certain organizations or affiliates that engage in
abortion-related activities from receiving public funds.
-
SB-97: Eliminates the authority of an adult family member, a foster
parent, a treatment foster parent, or a parent who does not have legal
custody of an unemancipated minor to consent to an abortion for the minor.
Bill to License Midwives Introduced
A bill [AB-709]
introduced by Rep. Gregg Underheim (R-Oshkosh) would establish requirements
for the Department of Regulation and Licensing (DRL) to grant licenses to
midwives who are not certified nurse-midwives. Current law recognizes the
practice of nurse-midwifery, but does not authorize midwifery by non-nurse
midwives.
The bill permits licensing of an applicant who has
received a certified professional midwife credential from the North American
Registry of Midwives. The bill, as drafted, also has the effect of allowing
the practice of midwifery without any license in that it does not prohibit
unlicensed practice.
In addition, the bill does not require a licensed
midwife to carry medical malpractice insurance coverage or work in
collaboration with a physician under a written agreement, in contrast to
licensure requirements placed on nurse midwives under current law.
AB-709 is scheduled for public hearing in the Assembly
Health Committee, Tuesday, Oct. 11 at 10.00 a.m., Room 417 North, State
Capitol.
Breastfeeding Protection Proposed by Lawmaker
Senator Fred Risser (D-Madison) has introduced
legislation which aims to eliminate discrimination against breastfeeding
mothers.
Senator Risser’s proposal, known as the “Right to
Breastfeed Act”, will allow a mother to breastfeed her child in any location
where she is otherwise authorized to be. Currently, thirty other states have
laws which allow mothers to breastfeed in any public or private location.
Wisconsin
Politics
Burke Guilty Plea
Former state Sen. Brian Burke, D-Milwaukee, is expected to be
sentenced to jail time and incur thousands of dollars in legal
obligations as a result of his guilty pleas Wednesday in Dane
County court. In exchange for the guilty pleas, prosecutors
dismissed 11 felonies and five misdemeanors.
Burke
has agreed to reimburse the state $9,496 for legal fees paid on his behalf
by taxpayers. He also said he would repay the state for the hours aides
spent campaigning on state time, an amount that has not yet been determined.
Burke
was initially charged with 18 felonies alleging that he repeatedly broke the
law in his race for attorney general. Dane County Judge William Foust will
determine the sentence at a hearing at 10 a.m. on Nov. 30.
Sen. Stepp Won’t Run for Reelection/McReynolds Announces Candidacy
Senator Cathy Stepp (R-Yorkville) announced Monday that she will not be
running for reelection in 2006. In her first term, Sen. Stepp was a leading
player in many of the major economic development initiatives that were
passed and signed into law in the 2003-04 legislative session.
Following her announcement, Racine County Executive Bill McReynolds
(R-Racine) stated his intentions for candidacy in the race for the 21st
State Senate seat.
Poll Shows Governor’s Race Close
An online poll showed Tuesday that next year's governor's race is a
statistical dead heat, with a slight edge going to U.S. Rep. Mark Green (R-Wis.)
over Democratic incumbent Jim Doyle. Doyle held a slight edge on a
head-to-head basis over Scott Walker. Both results were within the margin of
error.
Based
on 737 Wisconsin respondents with computers who signed up with Zogby
Interactive to participate in such surveys, pollster John Zogby rated
Doyle's re-election bid as too close to call.
Federal Developments
Harriet Miers Next Supreme Court
Nominee
President Bush this week chose Harriet. Miers, a Dallas
native, to succeed Justice Sandra Day O'Connor on the Supreme
Court.
Ms.
Miers, 60, the first woman to be president of the State Bar of Texas, is a
former Democrat who ultimately became a leader in the state's Republican
legal establishment. She will join a relatively small, but prestigious list
of justices without prior judicial experience.
Miers,
an alumnus of Southern Methodist University, grew up in a real estate family
in Dallas, served on its City Council and was the first woman to become a
partner at a major Texas law firm.
Restaurants Donate to Red Cross
On “Dine for America” day, Oct. 5, restaurants across the country donated a
portion of that day’s proceeds to the American Red Cross in support of
Hurricane Katrina and Rita relief efforts.
The
Dine for America event was created by restaurants and their employees from
across the country united in the effort to help those affected by
catastrophic national events. Supporting the Red Cross ensures that the
organization can provide for the needs of disaster victims, which include
emergency food, water and shelter.
Political News
Governor signs new gaming compact with Forest County Potawatomi: GM
Today, Oct. 5, 2005.
Poll: Doyle and Green in close race for gov: Daily Cardinal, Oct. 5,
2005.
Georgia-Pacific to cut 400-plus jobs at Green Bay mill: Green Bay
Press-Gazette, Oct. 5, 2005.
Steel
industry clad in rising costs: Milwaukee Journal Sentinel, Oct. 5,
2005.
Bush not set
on Fed picks: Milwaukee Journal Sentinel, Oct. 5, 2005.
Improve state's business climate (opinion): Milwaukee Journal
Sentinel, Oct. 5, 2005.
Local officials renew push for gas tax exemption: La Crosse Tribune,
Oct. 5, 2005.
DNR leader signs regulatory pact: Appleton Post-Crescent, Oct. 5,
2005.
SeniorCare's
benefits at risk: Milwaukee Journal Sentinel, Oct. 5, 2005.
State should support stem cell research (opinion): Racine Journal
Times, Oct. 4, 2005.
2 utilities
buy stake in coal plants: Milwaukee Journal Sentinel, Oct. 4, 2005.
MGE, WPPI buying part of coal plants: Madison Capital Times, Oct. 4,
2005.
UW hopes to keep educated workers in state: Marshfield News Herald,
Oct. 4, 2005.
Stepp
won't seek second term in Senate: Milwaukee Journal Sentinel, Oct.
4, 2005.
Ex-legislator takes a plea agreement: Milwaukee Journal Sentinel,
Oct. 4, 2005.
Milwaukee
fares well in Midwest job growth: Milwaukee Journal Sentinel, Sept.
30, 2005.
Sales tax not pill for relief: Appleton Post-Crescent, Sept. 29,
2005.
Close the loopholes in farmland tax law (opinion): Green Bay
Pres-Gazette, Sept. 29, 2005.
Doyle stands firm on cloning ban veto: Appleton Post-Crescent, Sept.
29, 2005.
Cloning
ban heads toward expected veto: Milwaukee Journal Sentinel, Sept.
29, 2005.
Supreme
Court will hear challenges to campaign law: Milwaukee Journal
Sentinel, Sept. 29, 2005.
Upcoming Fundraisers
Oct. 10
-
Mark Green (R) gubernatorial candidate, Wisconsin Dells
-
Mark Green (R) gubernatorial candidate, Madison
-
US
Rep. Tom Petri (R), Milwaukee
-
Scott Walker (R) Gubernatorial candidate, Milwaukee
-
US
Rep. Paul Ryan (R), Racine
-
Rep. Tom Nelson (D-Little Chute), Milwaukee
Oct. 11
Oct. 12
-
Scott Walker (R) gubernatorial
candidate, Milwaukee, 5:00 p.m.
-
Rep. Jean Hundertmark (R-Clintonville),
Madison
-
Sen. Jon Erpenbach (D-Middleton), Middleton
Oct. 14
Oct. 15
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