CMA Summarizes New Laws that Will Affect Physicians in 04 -AND- Study: Increases in medical liability costs lead rise in U.S. tort costs

Sat, 3 Jan 2004 18:23:53 -0800 (PST)

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-----Original Message-----

From: cma_alert@cmanews.org

Subject: [CMA ALERT] December 18, 2003

4. CMA Summarizes New Laws that Will Affect Physicians in ’04

Despite the recall election and an unprecedented budget crisis, the California Legislature passed many new laws this year. Below are highlights of the new laws most likely to affect physicians next year and beyond. For more details, read the feature story "New Laws 2004" online at the California Physician website.

Triplicate Prescriptions: The cumbersome triplicate prescription system for Schedule II controlled substances will be phased out over the next year. Physicians will instead use forgery-proof prescription forms, printed by "security printers" that have been approved by the Board of Pharmacy.

Registered Sex Offenders: A registered sex offender cannot obtain a license to practice medicine in the state of California. Similarly, the license of any physician who becomes a registered sex offender must be "promptly revoked." This law does not apply to sex-offender registrations resulting from a misdemeanor conviction for indecent exposure. A physician whose license is revoked under this law may petition a court for reinstatement a minimum of five years after the revocation and three years after successful completion of parole and/or probation.

Felony Fraud: Physicians convicted of any felony involving fraud committed in conjunction with the Workers’ Compensation or Medi-Cal programs will have their licenses automatically suspended. Physicians with more than one such conviction will have their licenses revoked, "unless the Medical Board finds mitigating circumstances to order some other disposition." 

Use of Medical Information for Marketing: California’s Confidentiality of Medical Information Act now expressly prohibits the use of medical information for marketing purposes without a signed authorization.

For more details on these and other new laws of interest to physicians, 

http://www.cmanews.org/mailman/listinfo/cma_alert

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.

===================================

AHA NEWS NOW

The Daily Report for Health Care Executives

www.ahanews.com

===================================

Monday, Dec. 15, 2003

Today's headlines:

2) Study: Increases in medical liability costs lead rise in U.S. tort costs

The U.S. tort system experienced double-digit cost increases for the second consecutive year in 2002, while medical liability cost increases continued to outpace increases in overall tort costs, according to a new study by consultant Tillinghast-Towers Perrin. Medical liability costs have increased an average of 11.9% per year since 1975, or a factor of 21, compared to an average annual increase of 9.3% for all other tort costs, a factor of 11, the study indicates. U.S. medical liability costs totaled nearly $25 billion in 2002, or $85 per person compared to $5 per person in 1975, an escalation that has contributed to the increase in U.S. health care costs over the past 30 years, the study adds. The study can be found at http://www.tillinghast.com/tillinghast/.

==================================

AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.

Brian Potts 
Managing Editor, CAL/AAEM News Service 
MS-IV, UC-Irvine

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<DIV><FONT size=2><FONT size=2>
<P>-----Original Message-----</P>
<P>From: <A href="mailto:cma_alert@cmanews.org">cma_alert@cmanews.org</A></P>
<P>Subject: [CMA ALERT] December 18, 2003</P>
<P></P>
<P>4. CMA Summarizes New Laws that Will Affect Physicians in ’04</P>
<P>Despite the recall election and an unprecedented budget crisis, the California Legislature passed many new laws this year. Below are highlights of the new laws most likely to affect physicians next year and beyond. For more details, read the feature story "New Laws 2004" online at the California Physician website.</P>
<P>Triplicate Prescriptions: The cumbersome triplicate prescription system for Schedule II controlled substances will be phased out over the next year. Physicians will instead use forgery-proof prescription forms, printed by "security printers" that have been approved by the Board of Pharmacy.</P>
<P>Registered Sex Offenders: A registered sex offender cannot obtain a license to practice medicine in the state of California. Similarly, the license of any physician who becomes a registered sex offender must be "promptly revoked." This law does not apply to sex-offender registrations resulting from a misdemeanor conviction for indecent exposure. A physician whose license is revoked under this law may petition a court for reinstatement a minimum of five years after the revocation and three years after successful completion of parole and/or probation.</P>
<P>Felony Fraud: Physicians convicted of any felony involving fraud committed in conjunction with the Workers’ Compensation or Medi-Cal programs will have their licenses automatically suspended. Physicians with more than one such conviction will have their licenses revoked, "unless the Medical Board finds mitigating circumstances to order some other disposition." </P>
<P>Use of Medical Information for Marketing: California’s Confidentiality of Medical Information Act now expressly prohibits the use of medical information for marketing purposes without a signed authorization.</P>
<P>For more details on these and other new laws of interest to physicians, </P>
<P><A href="http://www.cmanews.org/mailman/listinfo/cma_alert">http://www.cmanews.org/mailman/listinfo/cma_alert</A></P>
<P>Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.</P>
<P></FONT>===================================</P>
<P>AHA NEWS NOW</P>
<P>The Daily Report for Health Care Executives</P>
<P></FONT><A href="http://us.f413.mail.yahoo.com/ym/www.ahanews.com"><U><FONT color=#0000ff size=2>www.ahanews.com</U></FONT></A></P><FONT size=2>
<P>===================================</P>
<P>Monday, Dec. 15, 2003</P>
<P>Today's headlines:</P>
<P>2) Study: Increases in medical liability costs lead rise in U.S. tort costs</P>
<P>The U.S. tort system experienced double-digit cost increases for the second consecutive year in 2002, while medical liability cost increases continued to outpace increases in overall tort costs, according to a new study by consultant Tillinghast-Towers Perrin. Medical liability costs have increased an average of 11.9% per year since 1975, or a factor of 21, compared to an average annual increase of 9.3% for all other tort costs, a factor of 11, the study indicates. U.S. medical liability costs totaled nearly $25 billion in 2002, or $85 per person compared to $5 per person in 1975, an escalation that has contributed to the increase in U.S. health care costs over the past 30 years, the study adds. The study can be found at </FONT><A href="http://www.tillinghast.com/tillinghast/"><U><FONT color=#0000ff size=2>http://www.tillinghast.com/tillinghast/</U></FONT></A><FONT size=2>.</P>
<P>==================================</P>
<P>Copyright 2003 by the American Hospital Association. All rights reserved. For republication rights, contact Craig Webb.</P>
<P>AHA News is a registered trademark of the American Hospital Association. The opinions expressed in AHA News Now are not necessarily those of the American Hospital Association.</P></FONT></DIV><BR><BR><STRONG>Brian Potts <BR>Managing Editor, CAL/AAEM News Service</STRONG> <BR>MS-IV, UC-Irvine<p><hr SIZE=1>
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