HOUSE COMMITTEE ON JUDICIARY

 

 

May 15, 2003 Hearing Room 357

1:00 pm Tapes 191 - 192

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 611A Public Hearing and Work Session

                                                SB 3630 Public Hearing

                                                HB 2498 Work Session

                                                HB 2494 Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 191, A

004

Chair Williams

Opens meeting at 1:14 pm.  Opens public hearing on SB 611A.

SB 611A PUBLIC HEARING

014

Cindy Robert

American Institute of  Architects.  Testifies in support of SB 611A which imposes pleading requirements for claim against architect, registered landscape architect, professional engineer or professional land surveyor if claim arises out of provision of services within course and scope of activities for which person is licensed, and submits testimony (EXHIBIT A). 

064

John Baker

American Institute of Architects. Testifies in support of SB 611A.  Says the liability remains the same. States SB 611A is only to sort out frivolous lawsuits.

069

Rep. Macpherson

Asks what are the costs to get extricated from a lawsuit.

079

Baker

Replies it costs $15,000 to $25,000 to get extricated from one of these litigations.

104

Robert

Discusses impact on statute of limitations. Refers to  ORS 30.785 specific to liability of architects and engineers.

106

Chair Williams

Affirms that the bill is acceptable to all parties.  Closes public hearing on SB 611A and opens A work session.

SB 611A WORK SESSION

110

Rep. Macpherson

MOTION:  Moves SB 611A to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Shetterly

111

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

112

Chair Williams

Closes work session on SB 611A.  Opens public hearing on HB 3630.

HB 3630 PUBLIC HEARING

223

Cory Streisinger

Department of Consumer and Business Services (DCBS). Testifies in support of HB 3630 and submits written testimony (EXHIBIT B ).   Explains HB 3630 which provides that physician is agent of Department of Human Services under Oregon Tort Claims Act for purpose of medical services provided to person enrolled in Oregon Health Plan. Discusses the -3 amendments (EXHIBIT C).

300

Streisinger

Continues presentation supporting HB 3630.

350

Vice Chair Anderson

Describes southern Oregon rural area that had 12 family practitioners but is now down to two family practitioners serving 75,000 people.

370

Streisinger

Describes 10 miles from an urban center is considered rural.

400

Rep. Jenson

Comments on different areas around population centers.

405

Karen Whitaker

Oregon Health Sciences University (OHSU).  Testifies in support of HB 3630 and submits exhibit (EXHIBIT D). 

TAPE 192, A

050

Whitaker

Describes map exhibits as rural areas.  Describes metropolitan statistical areas. Defines ten miles from a center of population of 30,000 or more considered “rural.”  Continues presentation on rural areas.

126

Katherine Keene

President, SAIF Corporation.  Testifies in support of HB 3630.  Gives reasons for supporting the bill that provides the framework for the program.

147

Rep. Jenson

Asks about providers in Milton-Freewater and Walla Walla.

150

Whitaker

Answers Milton-Freewater is categorized as rural. Explains the definition has not made allowance for areas across the state line.

176

Vice Chair Anderson

Asks if this is for long term.

178

Keene

Answers that four years was the timeframe looked at. Funding may not be in this solution.

186

Rep. Krummel

Asks about recruiting rural physicians and families.

190

Whitaker

Explains the lifestyle in rural communities is attractive; however, education, and cultural access are sometimes lacking in drawing physicians and families.

194

Rep. Krummel

Asks about policy holders views.

200

Keene

Answers policy holders may not be aware of the specifics of the program proposals.

240

Rep. Krummel

Asks if reserves or other funding are needed, how would that be covered.

260

Keene

Describes how the bill would affect funding.

273

Rep. Jenson

Continues asking about Milton-Freewater and issues of physicians’ insurance under this bill.

277

Keene

Replies that a “practice” is where the physician practices, not where the physician resides.

353

Scott Gallant

Oregon Medical Association (OMA).  Testifies in support of HB 3630 and submits testimony (EXHIBIT E).  Gives reasons why HB 3630 is needed.

425

Bruce Bishop

Oregon Association of Hospitals and Health Systems (OAHHS).  Testifies in support of HB 3630.  Supports the -3 amendments. Says the  indirect benefit to the hospitals will encourage rural doctors.  Suggests amendments to show that hospitals should not be liable for physicians’ conduct. 

413

Jim Dorigan

Chief Executive Officer (CEO). Northwest Physicians Mutual Insurance Company. Testifies in support of HB 3630.

 TAPE 191, B

030

Dorigan

Continues presentation in support of HB 3630. 

090

Vice Chair Ackerman

Asks about the -2 amendments and the funding mechanism of $10 million from SAIF, how does that get paid back.

095

Gallant

Replies SAIF would still have credit for funds up to $10 million the same as proposed in the -3 amendments.

100

Vice Chair Ackerman

Asks if SAIF has cleared this.

105

Gallant

Explains how they try to utilize the same authority in the -3 amendments by DCBS.

109

Rep. Jenson

Asks how many citizens are needed to support an Ob-Gyn doctor.

115

Gallant

Replies he does not have the statistics on that but can get it.

138

Rep. Jenson

Asks for those numbers and also the population needed to support a neurosurgeon.

164

Gallant

Comments on population and physician ratios.

203

Lisa Trussel

Associated Oregon Industries (AOI).  Testifies in support of HB 3630-3 amendments.  Says this bill will allow a temporary fix until a permanent solution is decided.

224

J.L. Wilson

National Federation of Independent Businesses (NFIB).  Testifies in support of  HB 3630-3 as a temporary solution. 

240

Melanie Spiering

Manager, CNA Insurance. Testifies in partial support of HB 3630. States tort reform is needed in the medical liability field. Refers to Texas and Maine programs.

347

John DiLorenzo

Davis, Wright, Tremaine for Oregonians for Sound Economic Policy, Inc. Testifies in opposition to HB 3630 and submits testimony (EXHIBIT F). 

TAPE 192, B

019

DiLorenzo

Continues presentation.  Says today Judge Landau ruled SAIF cannot prohibit public inspection of documents.

077

Jack Munro

American Insurance Association. Testifies in opposition of HB 3630.  Summarizes concerns of the bill as a temporary solution and delaying solution to the more fundamental problems.  Suggests there are simpler ways of temporary aids.

112

Chair Williams

Asks for questions.

134

Rep. Anderson

Refers to SAIF and discusses the indiscretions of high salaries and contracts written with no public accounting and other issues.  States that oversight should be included.  

155

Chair Williams

Comments there are more areas of inquiry on this bill. HB 3630 will be back next week. 

174

Vice Chair Ackerman

Comments on malpractice reform and that SAIF is the vehicle for an innovative approach to the medical malpractice problem.

177

Chair Williams

Closes public hearing on HB 3630.  Recesses meeting for a few minutes.

179

Chair Williams

Reopens meeting and opens work session on HB 2498.

HB 2498 WORK SESSION

180

Bill Joseph

Committee Counsel.  Explains HB 2498 which sets rate of interest on judgments in civil actions relating to professional negligence of person licensed by Board of Medical Examiners or Oregon State Board of Nursing at lesser of five percent per-annum or three percent in excess of discount rate. Explains the HB 2498-3 amendments (EXHIBIT G).

190

Rep. Ackerman

MOTION:  Moves to ADOPT HB 2498-3 amendments dated 5/14/03.

 

 

VOTE:  9-0

191

Chair Williams

Hearing no objection, declares the motion CARRIED.

192

Rep. Prozanski

Discusses having rates set less often on the Senate side.

193

Rep. Shetterly

Discusses paying off the judgment should also be considered.

194

Rep. Ackerman

MOTION:  Moves HB 2498 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

195

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

322

Chair Williams

Closes work session on HB 2498. Opens work session on HB 2494.

HB 2494 WORK SESSION

324

Bill Joseph

Committee Counsel. Explains HB 2494 which requires disclosure of expert witnesses in civil actions. Explains the -2 amendments (EXHIBIT H).

330

Chair Williams

MOTION:  Moves to ADOPT HB 2494-2 amendments dated 5/15/03.

331

Chair Williams

VOTE:  6-3-0

AYE:               6 - Ackerman, Anderson, Barker, Krummel, Shetterly, Williams

NAY:               3 - Jenson, Macpherson, Prozanski

332

Chair Williams

The motion CARRIES.

333

Chair Williams

MOTION:  Moves HB 2494 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-3-0

AYE:               6 - Ackerman, Anderson, Barker, Krummel, Shetterly, Williams

NAY:               3 - Jenson, Macpherson, Prozanski

334

Chair Williams

The motion CARRIES.

REP. WILLIAMS will lead discussion on the floor.

350

Chair Williams

Closes work session on HB 2494 and adjourns at 3:10 pm.

 

 

EXHIBIT SUMMARY

 

A – SB 611A, written testimony, Cindy Robert, 15 pp

B – HB 3630, written testimony, Cory Streisinger, 4 pp

C – HB 3630-3 amendments, Cory Streisinger, 9 pp

D – HB 3630, written testimony, Karen Whitaker, 8 pp

E – HB 3630, written testimony, Scott Gallant, 15 pp

F – HB 3630, written testimony, John DiLorenzo, 6 pp, and notebook (Archives)

G – HB 2498-3 amendments, staff, 4 pp

H – HB 2494-2 amendments, staff, 3 pp