Wisconsin physicians earned another shot at overturning what they say was
an illegal $200 million raid on the state's medical liability compensation
fund to balance the state budget.
The Wisconsin Supreme Court in January agreed to hear the Wisconsin Medical
Society's lawsuit contesting 2007 legislation that transferred the money
from the Injured Patients and Families Compensation Fund
(www.wisconsinmedicalsociety.org/initiatives/lawsuit).
In accepting the case, the high court said in a statement that its decision
"would have statewide impact."
The case is not unique; doctors in New Hampshire and Pennsylvania have
engaged in similar legal battles.
As in some other states, Wisconsin physicians and other health care
professionals contribute annually to a medical liability pool intended to
keep insurance rates affordable and compensate injured patients.
"There are no taxpayer dollars in the fund," said George M. Lange, MD,
chair of the WMS' board of directors. Created in 1975, the pool has had a
"stabilizing influence in the recruitment and retention of physicians," he
said, calling it critical to maintaining access to care.
Wisconsin state officials have defended taking money from the fund as
necessary to pay for other health care programs. The medical society
countered in its lawsuit that the transfer amounted to an illegal tax on
doctors, and they are asking the court to restore the funds.
A Dane County trial court declined to do so in 2008, saying physicians pay
mandatory fees to the fund for insurance coverage -- a benefit they already
receive -- but have no other right to the money. WMS appealed the ruling
and appellate judges, without addressing the issue, sent the case directly
to the high court.
Oral arguments in Wisconsin Medical Society v. Morgan have not been
scheduled.
The full and original article can be found here:
http://www.ama-assn.org/amednews/2010/02/01/gvsg0205.htm
