Page 6 • The Battalion
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Thursday • April 13,
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House tentatively approves malpractice bill Commission on Alcohol and
□ The bill aims to
raise the bond paid by
a plaintiff filing a mal
practice suit.
AUSTIN (AP) — The Texas
House Wednesday tentatively
approved a bill aimed at cutting
down on frivolous lawsuits filed
against doctors and other health
care providers.
The measure, approved with
a voice vote, faces a final vote of
the House before it can be sent
to the Senate for consideration.
The bill is part of a package
of civil justice reforms moving
through the Legislature under
the emergency priority of Gov.
George W. Bush.
Arduously agreed to by groups
representing the state’s doctors
and trial lawyers, the measure
would increase the amount of
money a plaintiff would have to
put up as bond to file a medical
malpractice lawsuit.
The bill also would require a
plaintiff to file with the court a
report containing testimony
from a medical expert verifying
that the claim is valid.
“What you are going to see
is a strong push to reduce
medical malpractice claims
in the state of Texas,”
said Rep. Todd Hunter,
D-Corpus Christi, the
bill’s author. “Th^ ex
pert reports are really
tightened up so that to
file a medical mal
practice you really
have to have
justification.”
The bill was criticized during
floor debate by Rep. Helen Gid-
dings, D-De Soto.
Ms. Giddings said raising the
bond paid by a plaintiff filing a
malpractice lawsuit from $2,000
to $5,000 per defendant would
discriminate against fledgling
law firms.
“I, like everybody else, want
to cut down on frivolous law
suits, but I am concerned that
we are doing things to impede
or retard the law firms that
are not necessarily as well es
tablished,” she said.
The bill has the sup
port of the Texas Med
ical Association, Texas
Hospital Association
and Texas Trial
Lawyers Association.
Under the mea
sure, a plaintiff would
be required within 90 days of
filing a lawsuit to either post
$5,000 bond or file an expert
medical report for each defen
dant named in the case. If the
claim is deemed valid by the
court, the money is returned to
the plaintiff.
If those requirements weren’t
met, the plaintiff would have to
pay a $7,500 bond to Continue
the lawsuit.
Within 180 days of filing the
lawsuit, the plaintiff would have
to file an expert medical report
certifying the lawsuit and sup
ply the defendant with informa
tion regarding the expert who
created the report.
If the plaintiff failed to file
the expert report by the 181st
day, the defendant could seek
sanctions against the plaintiff,
including attorney’s fees and for
feiture of any bonds.
Supporters of the bill say
medical malpractice claims are
driving up health care costs and
that the measure will help re
verse that trend.
Opponents say it could limit
the right of people who have valid
claims to bring them to.court.
Drug Abuse faces charges of
wrongdoing, misappropriatii
and trial lawyers, the measure Ms. Giddings said raising the claim is deemed valid by the the right of people who have vah
would increase the amount of bond paid by a plaintiff filing a court, the money is returned to cl£iims to bring them to.court.
State Comptroller proposes alternative
plan to current welfare reform package
□ The proposal seeks to estab- money even though their populations are operate programs however they choose.
.. . e r shrinking, he said. But he said the House-passed welfar*
lish ISSUanCe of block grants to But growing southern states, including would utilize a 17-page formula of “arc
□ The commission
must answer ques
tions concerning al
leged mismanagement
of public funds.
AUSTIN (AP) — Despite the
prospect of the Texas Commis
sion on Alcohol and Drug Abuse
being placed in conservatorship
over allegations of mismanage
ment, board members say they
have done nothing wrong.
In what may have been their
last meeting, board members
said Tuesday they should not be
blamed for scandals that have
plagued substance-abuse treat
ment programs in Austin and
Corpus Christi.
“I fully expect the Legislature
and the governor to put us in re
ceivership,” board member
John McDonald said.
“But I’m going to
of here with my headupi |
because I know I did the; |
thing,” he said.
The commission, whict
271 employees and budj-:
about $180 million, fund;; ^
and alcohol rehabilitatioi
grams across the state.
Several agencies
launched investigations
TCADA concerning
of fiscal mismanagement
use of public funds and ur
eal hiring practices
In addition, the ager.t|
conducting audits of its:
tractors, and irregular!;
have turned up in alms
third of the examinations.
A legislative recommer,TL
of conservatorship wouldj V
the board of its authority |
places a three-member coe |
tee appointed by the g<
control of the agency
□ The proposal seeks to estab
lish issuance of block grants to
states based on population
growth and income levels.
AUSTIN (AP) — A welfare reform plan
working its way through Congress could cost
Texas nearly $10 billion over the next seven
years if it becomes law, state Comptroller
John Sharp said Wednesday.
But Sharp says he has a better idea.
And he’s trying to rally 35 other states
behind an alternative that would send
block grants of federal money to states
based on their population growth and resi
dents’ income levels.
“Put in a block grant that allocates money
based on where the people go. If people are go
ing to Texas, let it (federal money) follow,”
Sharp said-
Sharp said a block grant bill already
passed by the U.S. House would allocate
welfare funding based on an outdated sys
tem. Some northern and eastern states,
which pay higher benefits, stand to get more
money even though their populations are
shrinking, he said.
But growing southern states, including
Texas, wouldn’t get enough money to keep
up as their populations keep booming.
“All we’re saying ... is if the state of
Michigan is losing folks, they ought to be
losing money,” Sharp said. “His (the gover-
"For all the talk of 'revolution' in Congress,
all they've done so far is cap the old, failed
system...There's nothing revolutionary
about that."
nor of Michigan) folks are moving to Texas.
Yet we’re not going to get anything to take
care of that.”
Sharp said he strongly favors block
grants, through which the federal govern
ment would give “blocks” of money to states
free of bureaucratic rules and allow states to
operate programs however they choose.
But he said the House-passed welfare bill
would utilize a 17-page formula of “archaic
mathematical manipulations” when a sim
ple, straightforward plan would be fairer.
Sharp proposes that the block grant mon
ey be based on each state’s share of the U.S.'
population and its residents’ incomes.
For example, a state
with 5 percent of the pop
ulation and a per capita
income the same as the
national average would
receive 5 percent of what
ever total money Con
gress decides to spend on
a program. If a state’s
per capita income were
slightly lower than the
national average, it
would receive slightly
more than 5 percent of the money.
“For all the talk of ‘revolution’ in Con
gress, all they’ve done so far is cap the old,
failed system and lock every state into an in
equitable funding scheme for the next five
years. There’s nothing revolutionary about
that,” Sharp said.
C Gov. Bush claims EPA offici
meddling in legislative affa|
—Jo/m Sharp,
State Comptroller
□ State legislators re
sent federal govern
ment interference
in the emissions test
ing proposal.
AUSTIN (AP) — Gov.
George W. Bush accused feder
al environmental officials of us
ing “heavy-handed”, tactics to
ihtdrfere in legislative efforts
to revamp the state’s vehicle
emissions testing program.
Bush’s comments came after a
high-ranking Environmental Pro
tection Agency official sent the
governor a letter warning that an
emissions-testing proposal pend
ing in the state Senate wouldn’t
meet federal requirements.
The letter by Mary Nichols,
assistant administrator for air
and radiation, drew heated re
sponses from the governor
Sen. John Whitmire, whoj
the proposal.
“It’s bad public policy for
federal government to
heavy-handed bureaucrats
into the Texas legislstl
process demanding a sokI
the way they see fit, notthei |
elected officials of Texas
eventually rule,” Bush said.
“It’s not right and werel
it in Texas, and (EPA Dire I
Carol) Browner betterji|
hold of her agency.”
In a letter to Browner,fi I
condemned the agency* |
forts to meddle.”
“For a federal agency si I
ject itself in the midst o; I
state legislative debate is I
called for and totally ina[;|
priate,” Bush wrote.
The EPA gave lawmaif
until May 2 to come up wit
new plan.
at
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