By Meredith Colias
After years of just saying no, the legislature has sent a restrictive medical marijuana bill to the governor’s desk.
The measure passed the Senate on a 35-21 vote as the legislature approaches the final weeks of its spring session session. The House approved it earlier. Gov. Pat Quinn has said previously he is “open-minded” to the legislation but has not firmly confirmed whether he would sign it into law. If he does, the law would go into effect starting in 2014.
Supporters are touting this measure as one of the strictest in the nation, hoping to avoid the fallout in other states such as Colorado and California that have looser medical marijuana guidelines.
The Illinois bill is a four-year pilot program designed as a compassionate measure to allow those with 33 chronic or deeply debilitating illnesses specifically outlined, including multiple sclerosis, HIV/AIDS and cancer, to obtain marijuana to relieve their pain. They would be authorized for one year at a time.
“Many of these people are dying,” the bill’s sponsor, Alton Democrat Sen. William Haine said, and are forced to take medication with severe or adverse side effects. “They shouldn’t be relegated to this.”
Patients and their caregivers would have to pass background checks by the state police and would have their eligibility to buy and possess marijuana permanently revoked if they violate the bill’s guidelines. The state will require each patient to have a satisfactory “bona fide” relationship with the physician prescribing their medical marijuana as a way to sort out healthier or younger individuals hoping to obtain the drug for recreational use.
Patients approved by their doctors can buy 2.5 ounces of marijuana every two weeks. The state will keep electronic records to ensure they cannot exceed their allowed quota. Marijuana smoking in public would not allowed, and any marijuana transported by patients from state-approved dispensaries has to be kept in a sealed container.
Haine said the costs for maintaining the program would be paid by fees established by the Department of Public Health, Department of Agriculture and state police for authorizing possession cards, regulating growing centers and distributors and conducting background checks.
“The users that are in this system have to pay [for] it,” Haine said.
Opponents have expressed concerns that the bill will lead to unintended consequences, such as encouraging more recreational use and drug addiction among teenagers and others.
“For every touching story,” Lebanon Republican Kyle McCarter said, “there are a thousand times more parents that will never be relived from the pain” of losing a child to addiction." The bill would equate marijuana to “all these basic drugs that we trust are safe,” McCarter said.
Chicago Democrat Sen. Mattie Hunter, who has worked as a drug treatment counselor, said she could not support a bill that could encourage more addiction. “All they did was put ‘medical’ in front of marijuana. It’s still a drug,” she said. “I am not going to have this matter on my hands.”
As a former state’s attorney, Haine is judged to bring some credibility to the issue, but opponents cited the lack of support from law enforcement organizations.
They also expressed concerns that those approved to use it could be allowed to drive under the influence.
That is “absolutely not the case,” Haine said. If they cannot pass a sobriety test by police, they are subject to the law, and “their card is revoked.”
The Senate last passed another medical marijuana bill in 2009, but it failed in the House.
Aurora Democrat Sen. Linda Holmes, who has MS, said she understands the importance of providing a better quality of life. “We don’t want them to suffer,” she said.
For its sponsor, the bill is “a way to achieve … compassionate relief consistent with the law,” Haine said, while creating “a system that avoids abuse.”
Showing posts with label Medical malpractice. Show all posts
Showing posts with label Medical malpractice. Show all posts
Friday, May 17, 2013
Thursday, September 16, 2010
Kilbride named chief justice
By Jamey Dunn
Supreme Court Justice Thomas Kilbride will take over as chief justice next month.
The court unanimously chose Kilbride to replace Chief Justice Thomas Fitzgerald, who is retiring October 25.
“I am exceedingly honored and humbled by my colleagues’ selection of me as chief justice,” Kilbride said in a news release. “I regret deeply that my friend Chief Justice Fitzgerald will not be able to complete his term as chief, but I have learned much from his example of dignity, grace and leadership. I will miss his continued guidance and friendship.”
Kilbride, who was elected in 2000, is taking some fire in his bid to be retained on the court in the November election — in part because of his vote to strike down caps on the amount of money a victim of medical malpractice can be awarded. Kilbride needs the support of 60 percent of those who vote in the Third Judicial District this November to gain another 10-year term on the court. If he is retained, he will remain chief justice until 2013. (For more on Kilbride’s retention bid, see the upcoming October issue of Illinois Issues.)
He is the only member of the court who had not previously served as a judge. Before coming to the bench, he practiced as a legal services attorney for the poor. As a Supreme Court justice, he has worked to encourage lawyers to provide free legal work for those who cannot afford it.
“I really like Justice Tom Kilbride," Gov. Pat Quinn said at a Chicago news conference. “He’s a man of justice. He understands the importance of fairness. … He actually worked for Cesar Chavez, the great labor leader the great leader of many many people. He’s a man with a servant’s heart, Thomas Kilbride. And I know he’s going to do a great job as chief justice.”
Supreme Court Justice Thomas Kilbride will take over as chief justice next month.
The court unanimously chose Kilbride to replace Chief Justice Thomas Fitzgerald, who is retiring October 25.
“I am exceedingly honored and humbled by my colleagues’ selection of me as chief justice,” Kilbride said in a news release. “I regret deeply that my friend Chief Justice Fitzgerald will not be able to complete his term as chief, but I have learned much from his example of dignity, grace and leadership. I will miss his continued guidance and friendship.”
Kilbride, who was elected in 2000, is taking some fire in his bid to be retained on the court in the November election — in part because of his vote to strike down caps on the amount of money a victim of medical malpractice can be awarded. Kilbride needs the support of 60 percent of those who vote in the Third Judicial District this November to gain another 10-year term on the court. If he is retained, he will remain chief justice until 2013. (For more on Kilbride’s retention bid, see the upcoming October issue of Illinois Issues.)
He is the only member of the court who had not previously served as a judge. Before coming to the bench, he practiced as a legal services attorney for the poor. As a Supreme Court justice, he has worked to encourage lawyers to provide free legal work for those who cannot afford it.
“I really like Justice Tom Kilbride," Gov. Pat Quinn said at a Chicago news conference. “He’s a man of justice. He understands the importance of fairness. … He actually worked for Cesar Chavez, the great labor leader the great leader of many many people. He’s a man with a servant’s heart, Thomas Kilbride. And I know he’s going to do a great job as chief justice.”
Thursday, February 04, 2010
Supreme Court strikes down med-mal caps
By Jamey Dunn
The Illinois Supreme Court ruled today that caps set by the legislature on how much money juries can award victims of medical malpractice are unconstitutional.
The 2005 law limited jury awards for pain and suffering at $500,000 for doctors and $1 million for hospitals. The court upheld a Cook County Circuit Court’s ruling that the law violated the separation of powers between the branches of government. In essence, the court said the General Assembly cannot limit the decision-making power of juries when it comes to awarding money for pain and suffering because it was one branch of government, the legislature, encroaching on the power of another, the judicial.
“It doesn’t matter if somebody thinks it’s a really good idea, or some people thinks it’s wise or some people think there might be something good coming out of it. If it encroaches upon … the three separate branches of government … the [Illinois] Supreme Court is the ultimate decider of whether that violates the Constitution,” said Keith Hebeisen, former president of the Illinois Trial Lawyers Association.
This is the third time the court has found caps on damages unconstitutional.
Hebeisen added the caps created a “one-size-fits-all limit,” and it is impossible for the legislature to determine what is fair without considering the merits of each individual malpractice case.
The law also contained some insurance reforms that were struck down because of a provision that said if part of the statute were found unconstitutional, all of it would be void. Patients' rights advocates and trial lawyers say the reforms should be put back through new legislation.
Rep. John Fritchey, a Chicago Democrat, said that any legislator who supported the caps should now support restoring the insurance reforms.
House Minority Leader Tom Cross said that he would probably support putting some of the reforms back in place. However, he said that bringing back the insurance reforms on their own will not go far enough to lower the cost of medical malpractice insurance for doctors. He added that Republicans are considering proposing a constitutional amendment to make the caps work.
Supporters of the caps say the rising costs of medical malpractice insurance, due in part to lawsuits, was driving doctors out of the state.
“We had a crisis before we passed this bill, so we are going to react and come up with some ideas where we think we can get back to finding a way to keep doctors in Illinois,” Cross said.
Advocates for medical professionals said the ruling will weaken Illinois’ health care system and make it more difficult for Illinois citizens to find treatment.
“Overturning this law further strains our state’s already-ailing health care system,” Dr. James Milam, president of the Illinois State Medical Society, said in a news release. “Losing medical lawsuit reform heaps even greater pressure on patients and doctors. Something has to give.”
For further background on the topic, see an article written by former bureau chief Bethany Jaeger in 2004.
Monday, November 10, 2008
Veto session preview
As we head into the first week of the Illinois General Assembly’s fall session, the biggest questions are who will be selected to lead the Senate Democrats and the Senate Republicans? Leaders of both caucuses are stepping down, opening the door for a rare change in leadership that has potential to drastically change the atmosphere in the Capitol.
See this month’s Illinois Issues magazine for information about the Democratic race for Senate president.
So far, two Senate GOP members are openly seeking the minority leadership position, while two others are mentioned as potential candidates if the caucus can’t agree. Sen. Christine Radogno of Lemont and Sen. Kirk Dillard of Hinsdale both represent suburban Chicago districts in mostly DuPage and Will counties. Both have described themselves as fiscal conservatives who can work with different factions within the Illinois Republican Party. And both say they have a good understanding of issues throughout the state.
Radogno says she’s “definitely” interested in becoming Senate minority leader. Although she says she had absolutely no intentions to become a career politician, she now fills the caucus’ No. 2 position and serves as its budget negotiator. She also ran for statewide office in 2006 but lost to Democrat Alexi Giannoulias, the current state treasurer.
Radogno didn’t agree or disagree with former Gov. Jim Edgar’s statements that the Illinois GOP needs to move toward the middle for it to revive its stature. She simply says: “I think what we need to focus on are the issues that we all agree on. And those, quite frankly, are the very ones that are on voters’ minds right now, and that is jobs, the economy and policies that allow people to succeed. That would be making sure they have job opportunities so that people can make their own way.”
Her name also has been mentioned as a potential gubernatorial candidate in 2010. Radogno doesn’t rule it out. “It’s hard to never say never. Right now, my interest is clearly legislative,” she says, adding, however, that, “it may make it more challenging to run for governor if I were leader.”
Dillard also uses the word “definitely” in describing his interest in the position. “I definitely know that I am the best person to move my caucus and the state’s business forward in Springfield.” He says the principles in which he ran Edgar’s office as his chief of staff and in which he used to run the DuPage Republican Party are the blueprint for the way he would operate as a Senate leader.
Dillard sought the leadership position before, but the caucus selected outgoing Senate Minority Leader Frank Watson. Watson announced last week that he would not seek the position after having a minor stroke last month.
“Sen. Watson was my friend. And I tried to help him in any way that I could, from fundraising on down,” Dillard says, but, “no matter who the new Senate leader is in the Republican Caucus, it is imperative that we remain cordial and cohesive because when you only have 22 members, you have no room for dissention.”
Some dissention did occur when Dillard, who says he has a personal relationship with President-elect Barack Obama, appeared in a TV ad for the Democrat during the campaign season. But Dillard cites his relationship with Obama as helping to break the logjam of recent ethics legislation, in which Dillard says he was one, with Comptroller Dan Hynes’ leadership, who encouraged Obama to call Senate President Emil Jones Jr. to call the bill for a vote. Dillard also cites his legislative work with Obama to revise the state’s death penalty statute.
Dillard also won’t rule out a run for governor, but he says he won’t run in 2010. “I’m 52 years old. I have time.”
Two other names mentioned as possible compromise GOP candidates are Sen. Dave Luechtefeld of downstate Okawville and Sen. Dale Risinger of Peoria.
We’ll see if commitments to the leadership candidates solidify this week and next. Republicans have an internal caucus meeting scheduled for November 19.
Veto session
The Illinois Senate will return to the Capitol on Wednesday and is scheduled to meet through Friday, although that could change. The House canceled the first week of session and won’t convene until November 19. Action during the so-called veto session could be somewhat light but significant if the General Assembly considers allocating more money to such state agencies as the Illinois Department of Transportation.
Veto session serves as a good time to review the state’s fiscal realities, including whether revenues match up to spending. They don't, according to the Illinois Department of Revenue. They're $800 million out of whack. This comes on top of Gov. Rod Blagojevich’s $1.4 billion budget cuts that are causing state parks and historic sites to close this month, although the General Assembly approved ways to restore about $221 million to keep those sites open and to save some social services from closing. Blagojevich still hasn’t signed Senate Bill 1103, which would release the money. He has until December 5 to do so before it automatically becomes law.
Tenaska update
Watch for Senate action that would take one more step toward the state’s first clean-coal power plant. Senate Bill 1987 would kick off a study to estimate the cost and design of the proposed Taylorville Energy Center, but it also would set the framework for the state’s long-term energy portfolio. Future power plants would have to use Illinois coal and advanced technology to reduce pollution, and the door would open for a system of carbon tax credits as one more way to reduce pollution. Tenaska Inc., a Nebraska-based energy company, announced today that it already purchased half of the land for the energy center.
Medical malpractice update
This Thursday, the Illinois Supreme Court will consider the controversial medical malpractice law that limits the amount juries can award for pain and suffering caused by malpractice. See the background here.
My update
I’ll be on an airplane headed for North Carolina for the annual CapitolBeat conference for Statehouse reporters Thursday, so, unfortunately, I’ll catch up with these updates next week.
See this month’s Illinois Issues magazine for information about the Democratic race for Senate president.
So far, two Senate GOP members are openly seeking the minority leadership position, while two others are mentioned as potential candidates if the caucus can’t agree. Sen. Christine Radogno of Lemont and Sen. Kirk Dillard of Hinsdale both represent suburban Chicago districts in mostly DuPage and Will counties. Both have described themselves as fiscal conservatives who can work with different factions within the Illinois Republican Party. And both say they have a good understanding of issues throughout the state.
Radogno says she’s “definitely” interested in becoming Senate minority leader. Although she says she had absolutely no intentions to become a career politician, she now fills the caucus’ No. 2 position and serves as its budget negotiator. She also ran for statewide office in 2006 but lost to Democrat Alexi Giannoulias, the current state treasurer.
Radogno didn’t agree or disagree with former Gov. Jim Edgar’s statements that the Illinois GOP needs to move toward the middle for it to revive its stature. She simply says: “I think what we need to focus on are the issues that we all agree on. And those, quite frankly, are the very ones that are on voters’ minds right now, and that is jobs, the economy and policies that allow people to succeed. That would be making sure they have job opportunities so that people can make their own way.”
Her name also has been mentioned as a potential gubernatorial candidate in 2010. Radogno doesn’t rule it out. “It’s hard to never say never. Right now, my interest is clearly legislative,” she says, adding, however, that, “it may make it more challenging to run for governor if I were leader.”
Dillard also uses the word “definitely” in describing his interest in the position. “I definitely know that I am the best person to move my caucus and the state’s business forward in Springfield.” He says the principles in which he ran Edgar’s office as his chief of staff and in which he used to run the DuPage Republican Party are the blueprint for the way he would operate as a Senate leader.
Dillard sought the leadership position before, but the caucus selected outgoing Senate Minority Leader Frank Watson. Watson announced last week that he would not seek the position after having a minor stroke last month.
“Sen. Watson was my friend. And I tried to help him in any way that I could, from fundraising on down,” Dillard says, but, “no matter who the new Senate leader is in the Republican Caucus, it is imperative that we remain cordial and cohesive because when you only have 22 members, you have no room for dissention.”
Some dissention did occur when Dillard, who says he has a personal relationship with President-elect Barack Obama, appeared in a TV ad for the Democrat during the campaign season. But Dillard cites his relationship with Obama as helping to break the logjam of recent ethics legislation, in which Dillard says he was one, with Comptroller Dan Hynes’ leadership, who encouraged Obama to call Senate President Emil Jones Jr. to call the bill for a vote. Dillard also cites his legislative work with Obama to revise the state’s death penalty statute.
Dillard also won’t rule out a run for governor, but he says he won’t run in 2010. “I’m 52 years old. I have time.”
Two other names mentioned as possible compromise GOP candidates are Sen. Dave Luechtefeld of downstate Okawville and Sen. Dale Risinger of Peoria.
We’ll see if commitments to the leadership candidates solidify this week and next. Republicans have an internal caucus meeting scheduled for November 19.
Veto session
The Illinois Senate will return to the Capitol on Wednesday and is scheduled to meet through Friday, although that could change. The House canceled the first week of session and won’t convene until November 19. Action during the so-called veto session could be somewhat light but significant if the General Assembly considers allocating more money to such state agencies as the Illinois Department of Transportation.
Veto session serves as a good time to review the state’s fiscal realities, including whether revenues match up to spending. They don't, according to the Illinois Department of Revenue. They're $800 million out of whack. This comes on top of Gov. Rod Blagojevich’s $1.4 billion budget cuts that are causing state parks and historic sites to close this month, although the General Assembly approved ways to restore about $221 million to keep those sites open and to save some social services from closing. Blagojevich still hasn’t signed Senate Bill 1103, which would release the money. He has until December 5 to do so before it automatically becomes law.
Tenaska update
Watch for Senate action that would take one more step toward the state’s first clean-coal power plant. Senate Bill 1987 would kick off a study to estimate the cost and design of the proposed Taylorville Energy Center, but it also would set the framework for the state’s long-term energy portfolio. Future power plants would have to use Illinois coal and advanced technology to reduce pollution, and the door would open for a system of carbon tax credits as one more way to reduce pollution. Tenaska Inc., a Nebraska-based energy company, announced today that it already purchased half of the land for the energy center.
Medical malpractice update
This Thursday, the Illinois Supreme Court will consider the controversial medical malpractice law that limits the amount juries can award for pain and suffering caused by malpractice. See the background here.
My update
I’ll be on an airplane headed for North Carolina for the annual CapitolBeat conference for Statehouse reporters Thursday, so, unfortunately, I’ll catch up with these updates next week.
Tuesday, November 13, 2007
Medical malpractice returns
Consider a can of worms reopened. A Cook County Circuit Court judge struck down a state law limiting the amount patients can receive in cases alleging medical malpractice. Currently, the law caps jury awards for pain and suffering at $500,000 for doctors and $1 million for hospitals.
In Tuesday’s ruling, Judge Diane Larsen says the state’s 2005 medical malpractice law is unconstitutional because it violates the separation of powers and patients’ rights. “The basic argument is that it’s the judicial system that gets to decide what counts as an acceptable remedy and that the legislature is invading that province by enacting a cap,” says Professor David Hyman at the University of Illinois Law School, where he teaches civil procedure and health care regulation.
The ruling does not negate the state law. But it does open the door for the issue to make its way to the Illinois Supreme Court, which could overturn the law and has done so twice before with caps on damages in a broader sense.
State Sen. Susan Garret, a Lake Forest Democrat and original sponsor of the 2005 law, said she was a little surprised by the ruling. “When we crafted this legislation, I was under the assumption that it had passed constitutional muster.”
Then again, she said most physicians anticipated the court challenge. “So, for some it’ll be disappointing. For some it’ll be an opportunity to say, ‘We told you so.’ But I think we have to abet this and make sure it goes through the process.”
The 2005 debate over “med mal” spanned more than a year and posed trial lawyers against medical groups and the insurance industry, as well as Democrats against Republicans, in aggressive lobbying campaigns. For background, see an article I wrote in 2004.
The debate is just as polarizing today as it was then, demonstrated by the immediate and opposing statements released after the court ruling Tuesday. The Illinois Trial Lawyers Association applauds the judge’s decision and slams “record profits of insurance companies” as the problem fueling rising medical malpractice premiums. “One thing is clear: Our state constitution does not allow those who have been most seriously injured as a result of medical negligence to have their rights taken away in order to give bonuses to insurance companies,” association president Bruce Kohen said in a statement.
The Illinois State Medical Society and ISMIE Mutual Insurance Company, the state’s largest medical insurer that’s owned and operated by doctors, backed the 2005 “caps” legislation and opposed the judge’s decision. “This is only ‘round one’ in the battle to uphold these reforms, which have been crucial in slowing the number of doctors fleeing our state and helping in the recruitment of specialists,” said Dr. Rodney Osborn, medical society president. “Getting rid of the 2005 medical litigation reforms now would be like benching your starting lineup in the toughest game of the season. We can’t afford to forfeit patients’ access to care.”
In April, ISMIE announced an $18.4 million dividends program for policyholders because of the company’s improved financial picture after the caps on non-economic damages became law.
The Illinois Hospital Association agrees with the doctors and still uses the word “crisis” to describe the effect of high malpractice insurance premiums that it says deter doctors from practicing in Illinois. “This comprehensive law is helping restore predictability to Illinois’ broken liability system that has been driving up costs for hospitals and physicians to unsustainable levels and that has jeopardized the state’s health care system,” wrote Ken Robbins, association president, in a statement.
In Tuesday’s ruling, Judge Diane Larsen says the state’s 2005 medical malpractice law is unconstitutional because it violates the separation of powers and patients’ rights. “The basic argument is that it’s the judicial system that gets to decide what counts as an acceptable remedy and that the legislature is invading that province by enacting a cap,” says Professor David Hyman at the University of Illinois Law School, where he teaches civil procedure and health care regulation.
The ruling does not negate the state law. But it does open the door for the issue to make its way to the Illinois Supreme Court, which could overturn the law and has done so twice before with caps on damages in a broader sense.
State Sen. Susan Garret, a Lake Forest Democrat and original sponsor of the 2005 law, said she was a little surprised by the ruling. “When we crafted this legislation, I was under the assumption that it had passed constitutional muster.”
Then again, she said most physicians anticipated the court challenge. “So, for some it’ll be disappointing. For some it’ll be an opportunity to say, ‘We told you so.’ But I think we have to abet this and make sure it goes through the process.”
The 2005 debate over “med mal” spanned more than a year and posed trial lawyers against medical groups and the insurance industry, as well as Democrats against Republicans, in aggressive lobbying campaigns. For background, see an article I wrote in 2004.
The debate is just as polarizing today as it was then, demonstrated by the immediate and opposing statements released after the court ruling Tuesday. The Illinois Trial Lawyers Association applauds the judge’s decision and slams “record profits of insurance companies” as the problem fueling rising medical malpractice premiums. “One thing is clear: Our state constitution does not allow those who have been most seriously injured as a result of medical negligence to have their rights taken away in order to give bonuses to insurance companies,” association president Bruce Kohen said in a statement.
The Illinois State Medical Society and ISMIE Mutual Insurance Company, the state’s largest medical insurer that’s owned and operated by doctors, backed the 2005 “caps” legislation and opposed the judge’s decision. “This is only ‘round one’ in the battle to uphold these reforms, which have been crucial in slowing the number of doctors fleeing our state and helping in the recruitment of specialists,” said Dr. Rodney Osborn, medical society president. “Getting rid of the 2005 medical litigation reforms now would be like benching your starting lineup in the toughest game of the season. We can’t afford to forfeit patients’ access to care.”
In April, ISMIE announced an $18.4 million dividends program for policyholders because of the company’s improved financial picture after the caps on non-economic damages became law.
The Illinois Hospital Association agrees with the doctors and still uses the word “crisis” to describe the effect of high malpractice insurance premiums that it says deter doctors from practicing in Illinois. “This comprehensive law is helping restore predictability to Illinois’ broken liability system that has been driving up costs for hospitals and physicians to unsustainable levels and that has jeopardized the state’s health care system,” wrote Ken Robbins, association president, in a statement.
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