Supreme Court Overturns “Pain & Suffering” Caps
On Thursday, February 4, 2010, the Illinois Supreme Court ruled that legislatively-mandated caps on non-econoic damages, such as pain and suffering, are unconstitutional under the State Constitution. This overturns a hard-won tort reform enacted in 2005 when Illinois physicians were leaving Illinois or retiring from practice in significant numbers due to excessive medical malpractice insurance rates, among other reasons. IOMS will be working with physician colleagues, hospitals, and patient-access-to-quality-care advocates to address this, and we need everyone’s help.

Legislative Report

Fall Veto Session

The Illinois General Assembly will return to Springfield for the annual Fall Veto Session. The dates for the Veto Session are November 16, 17, 18, 30 and December 1 and 2, 2010. During the Veto Session, legislators consider legislation vetoed by the Governor during the summer. Legislative action on other pending legislation can also take place at this time. Below are highlights of some of the issues IOMS expects the legislature will consider:

Medical Practice Act Extension
It is anticipated that the Illinois Medical Practice Act will be extended for at least another two years. The Illinois Medical Practice Act expires on December 31, 2010. The extension is to be acted upon during the Fall Veto Session in November.

Lay Midwives could be Licensed
Last spring Rep. Robyn Gabel (D/Evanston) was appointed to fill the seat of Rep. Julie Hamos when Rep. Hamos was appointed to become the Director of Healthcare and Family Services. Following in Rep. Hamos’ footsteps, Rep. Gabel plans to call Senate Bill 3712 for a vote during the Fall Veto Session. This legislation provides for the licensing of lay midwives with a limited amount of medical education and training. At this time, IOMS and other medical organizations oppose this legislation, however; many legislators support this legislation.

Governor Quinn vetoed the fee splitting bill (SB 2635)
This legislation was introduced at the suggestion of the IL State Medical Society and IL Division of Professional Regulations to ensure that current employment relationships between physicians and allied health care professionals are able to continue without interruption. IOMS supported this legislation. Physical therapists strongly opposed this legislation. It is likely that this legislation will be reintroduced in January 2011.

Integrated Managed Care

For nearly a year, the Illinois Department of Healthcare and Family Services (formerly Public Aid) has been moving forward with a state plan to implement a pilot project for Integrated Managed Care for Medicaid recipients and providers. Several organizations have been following the progress of this state plan initiated by Governor Quinn.

At this time, few details have been released about this change in direction for the department. We do know that the pilot project will focus on the Aged, Blind and Disabled non-dual population. In addition, six counties will be a part of the pilot project; which include Cook (excluding the zip codes that begin with “606”), DuPage, Will, Lake, Kankakee and Kane. The plan will serve five distinct population categories and will be rolled out through three phrases. A vendor who will oversee this pilot project is expected to be selected soon.

TEN THINGS Individuals (YOU) CAN DO FOR LEGISLATIVE CANDIDATES:

• Register to Vote and encourage others to register
• Introduce the candidate to others in your field and neighborhood
• Allow campaign signs to be put in your yard and identify other locations
• Send letters and articles of support to your local newspaper editor
• Send Friend to Friend cards to neighbors, friends and colleagues
• Make campaign contributions and attend fundraisers
• Host a coffee reception in your home or office
• Organize an evening of supporters to work the phones
• Attend local forums, ask questions
• Become a candidate’s expert on health issues pertaining to the practice of Osteopathic Medicine
  

To see who represents you go to: http://www.elections.il.gov/

Governor’s Chief of Staff Resigns

Governor Quinn’s Chief of Staff, Jerry Stermer resigned from his position at the end of August. In Stermer’s resignation letter, he reported that he inadvertently used his state email account to send three ethically prohibited emails. Governor Quinn appointed Michelle Saddler to be his next Chief of Staff. Michelle has stepped down as Director of the Illinois Department of Human Services to take this new post. In the 1990s she worked for Quinn when he was the Treasurer as his Director of Investments. She has a bachelor’s from Princeton University’s Woodrow Wilson School of Public and International Affairs and a master’s from Northwestern University’s Kellogg graduate school of management.
Grace Hou, DHS’ Assistant Secretary for Programs, has been appointed acting secretary of the Illinois Department of Human Services.