By Liz Sidoti
The Associated Press
COLUMBUS - Damages in medical malpractice cases would be paid for in part from a compensation fund, under a House-passed bill that also caps pain-and-suffering awards for injured patients.
The bill, passed 64-33 by the House with two members not voting Tuesday, would order the Ohio Department of Insurance to recommend by March 1 how to create a compensation fund to reduce the amount of money insurance companies would have to pay out.
The department would determine who would pay into the fund and how much it could potentially contain. The new Legislature convening in January then would have to pass a bill creating the fund.
"Nothing's on the table, nothing's off the table. It's wide open," said state Rep. Tim Grendell, R-Chesterland, who sponsored the bill. "It would be reckless right now to try to fill in those blanks."
He said Ohio's fund could be paid for by health care providers, a surcharge paid by consumers with health, auto and other insurance, cigarette taxes or punitive damages awarded to plaintiffs.
The Senate already has passed a version of the bill that did not include the compensation fund. The bill now returns to the Senate, which must agree with the changes for it to go to Gov. Bob Taft.
Current law does not limit the amount of money a jury can award a victim of medical malpractice for pain and suffering. Under the bill, damages would be capped at $500,000 for most claims and $1 million for injuries causing permanent disability or damage. The legislation does not affect jury awards for medical expenses and economic losses, such as future earnings.
Supporters, including doctors who say soaring malpractice insurance costs may force them to retire or leave the state, say caps are needed to end huge verdicts that are driving up rates. Opponents, including lawyers who represent malpractice victims, say the legislation does not hold insurance companies responsible for the rate increases.
House Speaker Larry Householder, R-Glenford, said the bill is fair for consumers because it creates a reasonable limit.
"At the same time with the pooling concept, we're keeping the amount health care providers would have out of pocket at a number everyone seems to think will allow the premiums to drop down," Mr. Householder said.
That, he said, will keep doctors in Ohio, ensuring patients access.
Under the legislation, if a jury awarded a patient $500,000, the doctor's insurance company would pay $350,000 and the fund would pay the remaining $150,000. Each would pay half of a $1 million award.
Rep. John Williamowski, a Lima Republican and chairman of the House Civil and Commercial Law Committee, said he wants the Insurance Department to spread out the costs of paying into the compensation fund over a broad base. The committee approved the bill Monday.
"The concept itself is sound," Mr. Williamowski said, noting that other states, including Nebraska and Indiana, have such funds. "Now we have to modify those ideas for what's best for Ohio."
In Indiana, doctors pay into the fund.
Mr. Grendell said that initially he thought the fund would need to be about $30 million to $50 million. He now believes, after talking with Indiana officials, that his estimate was too high.
Senate President Richard Finan, R-Evendale, said there could be problems with a compensation fund.
"If the pooling is in there, it's going to be a problem because it creates a taxpayer-funded pot and I don't think that's going to be acceptable," Mr. Finan said.
That probably would be avoided only if doctors paid into the fund, he said.
TOP STORIES
The case of Adele Craven
Favorite projects survive cutbacks
Million-dollar shot pays off in ways beyond the money
Mental retardation reforms near OK
Snow slicks up roads, closes schools
IN THE TRISTATE
Luken budget cuts, increases
UC students mind peas, Q's
City asks full court for new ruling
Ten Commandments ruling appealed
Campaign reporting change blasted
Avondale has 3 shootings in 90 minutes
Cleves all dressed up for annual festival
Loveland petition still alive
City, FOP agree on tentative pact
Police issue warrant for hit-skip driver
Tristate A.M. Report
ENQUIRER COLUMNISTS
PULFER: D.J. and Pat
HOWARD: Some Good News
BUTLER, WARREN, CLERMONT
Buyer duped 2 merchants
West Chester bus route gets brief reprieve
W. Chester plans assessment area for landscaping
Pisgah revamp put on hold
West Chester OKs financing to rehab barn
OHIO
Video gaming may depend on favors for Democrats
Official at Idaho college nominee to head Shawnee
House passes malpractice bill including compensation fund
Life support may end for abused infant
Diocese workers, retired Ohio priest indicted
Governor, patrol still concerned about weapons bill
Years roll back as house restored
Piketon plant welcomes new work
Voinovich: U.S. in spot on budget
Charter schools' rule change closer
KENTUCKY
Schools' $2M deficit may force merger
Crescent Springs' ban makes way for U.S. mail
Race for governor to get new face
2 die as blast of winter hits state
Ky. budget plan: 1,000 fewer jobs by next year
Retired priest arrested on sex charges