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2004 Budget Session
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HB 102 would modify the existing Wyoming Medical Review Panel, defined in Title 9, Chapter 2, Article 15 of Wyoming statutes. The existing panel requires that all complaints alleging medical malpractice be submitted to the panel for its decision before any claim may be filed in any court against a health care provider. The Wyoming Medical Review Panel appears to be unconstitutional, as the Wyoming Constitution expressly prohibits the limitation of damages in civil actions.
HB 102 would rename the panel as the Wyoming Medical Malpractice Panel, and somewhat redefine the circumstances under which it would review cases.
The Malpractice Panel would review malpractice claims when both the complainant and the health care provider voluntarily agreed, or (in the situation where the case had been filed in court) when either party requested review and the court determined that alternative dispute resolution by the Malpractice Panel was appropriate.
After the Panel investigated a case, it would determine if there was a reasonable probability that the patient was injured by medical malpractice, and it could recommend a settlement. The decision of the Panel would not be binding, so either party could choose to proceed with legal action.
The work of the Medical Malpractice Panel would be funded by taxes paid on insurance premiums by insurance companies in Wyoming.
Supporters of HB 102 felt that it provided a practical way to reduce the number of lawsuits filed against doctors and other health care providers for medical malpractice, without requiring a constitutional amendment. They noted that was the goal of the Wyoming Medical Review Panel, but it cannot be enacted without a constitutional amendment.
Opponents of HB 102 favored amending the constitution to require alternative dispute resolution instead of the optional approach embodied in HB 102.
HB 102 passed the House, 50-4 (4 excused, 2 conflict-of-interest).
The Senate Labor, Health and Social Services Committee passed HB 102 on a 3-2 vote. Senators Tex Boggs (D-S13, Rock Springs), Cale Case (R-S25, Lander) and Mike Massie (D-S9, Laramie) voted in favor of the bill, while Senators John Barrasso (R-S27, Casper) and Charlie Scott (R-S30, Casper) voted against it.
HB 102 was next referred to the Senate Appropriations Committee, where it died without a recorded vote.
The votes listed below are the House third reading (final passage) votes.
A YES vote means the Representative supported optional alternative dispute resolution in medical malpractice cases.
A NO vote means the Representative did not support optional alternative dispute resolution in medical malpractice cases.
| Bighorn Basin Legislators | House 3rd 2/24/04 |
|
| S 18 | Hank Coe (R) | |
| H 24 | Colin Simpson (R) | Yes |
| H 50 | Pat Childers (R) | Yes |
| S 19 | Laness D. Northrup (R) | |
| H 25 | Alan Jones (R) | Yes |
| H 26 | Elaine Harvey (R) | Yes |
| S 20 | Gerald E. Geis (R) | |
| H 27 | Jane Wostenberg (R) | No |
| H 28 | Micheal Baker (R) | Yes |
| Casper-Area Legislators | House 3rd 2/24/04 |
|
| S 27 | John Barrasso (R) | |
| H 35 | Roy Cohee (R) | Yes |
| H 36 | Liz Gentile (D) | Yes |
| S 28 | Keith Goodenough (D) | |
| H 56 | Tom Walsh (R) | Yes |
| H 57 | Thomas A. Lockhart (R) | Yes |
| S 29 | Bill Hawks (R) | |
| H 37 | Steve Harshman (R) | Yes |
| H 59 | Mary Gilmore (D) | Yes |
| S 30 | Charles K. Scott (R) | |
| H 38 | Bob Brechtel (R) | Yes |
| H 58 | Ann Robinson (D) | Yes |
| Cheyenne-Area Legislators | House 3rd 2/24/04 |
|
| S 4 | April Brimmer Kunz (R) | |
| H 7 | Tony Ross (R) | Yes |
| H 41 | Becket Hinckley (R) | Yes |
| S 5 | John Hanes (R) | |
| H 8 | Larry Meuli (R) | Excused |
| H 42 | Pete Illoway (R) | Yes |
| S 6 | Rich Cathcart (D) | |
| H 9 | Wayne Johnson (R) | Yes |
| H 10 | Rodney "Pete" Anderson (R) | Yes |
| S 7 | Kathryn Sessions (D) | |
| H 11 | Wayne Reese (D) | Excused |
| H 43 | Ed Prosser (R) | Yes |
| S 8 | E. Jayne Mockler (D) | |
| H 12 | Layton Morgan (D) | Yes |
| H 44 | Floyd Esquibel (D) | Yes |
| Gillette-Area Legislators | House 3rd 2/24/04 |
|
| S 23 | John Hines (R) | |
| H 31 | Jene Jansen (R) | Yes |
| H 52 | George McMurtrey (R) | Yes |
| S 24 | Richard A. Erb (R) | |
| H 32 | Jeff Wasserburger (R) | No |
| H 53 | Frank Latta (R) | Yes |
| Lander/Riverton-Area Legislators | House 3rd 2/24/04 |
|
| S 25 | Cale Case (R) | |
| H 33 | Harry Tipton (R) | Excused |
| H 54 | Del McOmie (R) | No |
| S 26 | Robert A. Peck (R) | |
| H 34 | Frank Philp (R) | Yes |
| H 55 | David Miller (R) | Yes |
| Northeast/East Central WY Legislators | House 3rd 2/24/04 |
|
| S 1 | C.L. Townsend (R) | |
| H 1 | Mark Semlek (R) | Yes |
| H 2 | Ross Diercks (D) | Yes |
| S 2 | Jim Anderson (R) | |
| H 5 | James C. Hageman (R) | Yes |
| H 6 | Dave Edwards (R) | Yes |
| S 3 | Curt Meier (R) | |
| H 3 | Deborah Alden (R) | Yes |
| H 4 | Edward A. Buchanan (R) | Yes |
| Sheridan-Area Legislators | House 3rd 2/24/04 |
|
| S 21 | Bruce Burns (R) | |
| H 29 | Jerry Iekel (R) | Yes |
| H 51 | Rosie Berger (R) | Yes |
| S 22 | John Schiffer (R) | |
| H 30 | Jack Landon (R) | Yes |
| H 40 | Doug Osborn (R) | No |
| South Central WY Legislators | House 3rd 2/24/04 |
|
| S 9 | Mike Massie (D) | |
| H 13 | Jane Warren (D) | Excused |
| H 45 | Lorna Johnson (D) | Conflict |
| S 10 | Irene Devin (R) | |
| H 14 | Phil Nicholas (R) | Yes |
| H 46 | James Slater (R) | Yes |
| S 11 | Bill Vasey (D) | |
| H 15 | George Bagby (D) | Yes |
| H 47 | Kurt Bucholz (R) | Yes |
| Southwest WY Legislators | House 3rd 2/24/04 |
|
| S 12 | Rae Lynn Job (D) | |
| H 48 | Marty Martin (D) | Yes |
| H 16 | Pete Jorgensen (D) | Yes |
| S 13 | Tex Boggs (D) | |
| H 17 | Fred Parady (R) | Yes |
| H 60 | Bill Thompson (D) | Yes |
| S 14 | Larry Caller (D) | |
| H 18 | Mick Powers (R) | Yes |
| H 39 | John Hastert (D) | Yes |
| S 15 | Ken Decaria (D) | |
| H 19 | Owen Petersen (R) | Yes |
| H 49 | Saundra Meyer (D) | Conflict |
| West Central WY Legislators | House 3rd 2/24/04 |
|
| S 16 | Delaine Roberts (R) | |
| H 20 | Stan Cooper (R) | Yes |
| H 21 | Randall Luthi (R) | Yes |
| S 17 | Grant Larson (R) | |
| H 22 | Monte Olsen (R) | Yes |
| H 23 | Clarene Law (R) | Yes |
See Southwest Region for H 16 and S 12 | ||