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Numeric List Budget Accountability Health & Human Services Justice System Education State Employees Taxation & Revenue Wildlife & Environment Worker & Public Safety Tribal Affairs Senior Citizens	SJ 2: Medical Errors Commission-Constitutional Amendment 2004 Budget Session Sponsor: Joint Labor, Health and Social Services Interim Committee Tort Reform - Background HJ 2/SJ 5: Healthcare Providers - Constitutional Amendment HJ 11: Medical Review Panel - Constitutional Amendment HB 78: Certificate of Review HB 102: Medical Malpractice Panel HB 131: Medical Malpractice Claims Reporting HB 173: Medical Malpractice Insurance Premium Pool HB 193: Tort Reform - 2 HB 204: Excess Medical Noneconomic Damages HB 206: Health Care Malpractice Insurance Regulation SJ 2: Medical Errors Commission-Constitutional Amendment SF 28: Medical Errors Commission - Implementation Study SF 29: Health Care Information Technology Study SF 34: Hospital Catastrophic Care SF 42: Obstetric Subsidy SF 45: Health Care Provider Loan Repayments SF 62: Medical Malpractice Insurance SF 86: Insurance and Tort Reform Study Legislator votes by regions Big Horn Basin Casper-Area Cheyenne-Area Gillette-Area Lander/Riverton-Area Northeast/East Central Sheridan-Area South Central Southwest West Central          SJ 2 proposed an amendment to the Wyoming Constitution that would permit the Legislature to create a new Commission on Health Care Errors.          This Commission would develop statutory formulas for compensation of patients injured by avoidable errors in health care. Compensation would be paid from a fund into which all health care providers in the state would be required to pay.          The right to compensation from the fund would replace any and all rights to sue a health care provider.          SJ 2 was written specifically to over-ride other sections of the Constitution with which it might conflict. This would include sections of the Constitution that prohibit the Legislature from limiting the amount of damages to be recovered by citizens in civil actions and sections that provide for equal access to the courts because those injured by medical malpractice would not have a legal recourse under SJ 2.          Supporters of this constitutional amendment argued primarily that tort reform is necessary to stem the rising cost of medical malpractice insurance. They believed that allowing injured patients to sue health care providers causes insurance companies to increase medical malpractice insurance premiums. In turn, rising insurance premiums lead some doctors to leave Wyoming, retire early, or stop offering services in some higher risk specialties such as obstetrics, tort reform advocates maintained.          Opponents noted that there is little or no evidence to show that limiting an injured person's ability to sue for damages will lower medical malpractice insurance rates or improve access to health care. They argued that insurance companies raise rates in response to many other factors unrelated to legal settlements against their clients, especially in Wyoming. They noted that, in Wyoming, the number of medical malpractice claims as well as the amount paid per claim has remained stable. They also noted that of the 31 medical malpractice cases filed in Wyoming between 1989 and 2001, only five cases were won by the injured patients and none of the five settlements exceeded one million dollars.          The Senate passed SJ 2 on third reading, 21-9, one vote above the two-thirds majority required for a proposed constitutional amendment.          In the House, SJ 2 was referred to the House Labor, Health and Social Services Committee, which initially scheduled a hearing for the bill, then postponed and did not reschedule a hearing.          The votes listed below are the Senate third reading votes on SJ 2.          A YES vote means the Senator wanted to place this proposed constitutional amendment to provide compensation for victims of medical malpractice that would replace their right to sue for damages on the general election ballot next November.          A NO vote means the Senator did not want to put this constitutional amendment on the ballot in November. Bighorn Basin Legislators Senate 3rd 2/25/04 S 18 Hank Coe (R) No H 24 Colin Simpson (R) H 50 Pat Childers (R) S 19 Laness D. Northrup (R) Yes H 25 Alan Jones (R) H 26 Elaine Harvey (R) S 20 Gerald E. Geis (R) Yes H 27 Jane Wostenberg (R) H 28 Micheal Baker (R) Casper-Area Legislators Senate 3rd 2/25/04 S 27 John Barrasso (R) Yes H 35 Roy Cohee (R) H 36 Liz Gentile (D) S 28 Keith Goodenough (D) No H 56 Tom Walsh (R) H 57 Thomas A. Lockhart (R) S 29 Bill Hawks (R) Yes H 37 Steve Harshman (R) H 59 Mary Gilmore (D) S 30 Charles K. Scott (R) Yes H 38 Bob Brechtel (R) H 58 Ann Robinson (D) Cheyenne-Area Legislators Senate 3rd 2/25/04 S 4 April Brimmer Kunz (R) Yes H 7 Tony Ross (R) H 41 Becket Hinckley (R) S 5 John Hanes (R) Yes H 8 Larry Meuli (R) H 42 Pete Illoway (R) S 6 Rich Cathcart (D) No H 9 Wayne Johnson (R) H 10 Rodney "Pete" Anderson (R) S 7 Kathryn Sessions (D) Yes H 11 Wayne Reese (D) H 43 Ed Prosser (R) S 8 E. Jayne Mockler (D) No H 12 Layton Morgan (D) H 44 Floyd Esquibel (D) Gillette-Area Legislators Senate 3rd 2/25/04 S 23 John Hines (R) Yes H 31 Jene Jansen (R) H 52 George McMurtrey (R) S 24 Richard A. Erb (R) Yes H 32 Jeff Wasserburger (R) H 53 Frank Latta (R) Lander/Riverton-Area Legislators Senate 3rd 2/25/04 S 25 Cale Case (R) Yes H 33 Harry Tipton (R) H 54 Del McOmie (R) S 26 Robert A. Peck (R) No H 34 Frank Philp (R) H 55 David Miller (R) Northeast/East Central WY Legislators Senate 3rd 2/25/04 S 1 C.L. Townsend (R) Yes H 1 Mark Semlek (R) H 2 Ross Diercks (D) S 2 Jim Anderson (R) Yes H 5 James C. Hageman (R) H 6 Dave Edwards (R) S 3 Curt Meier (R) Yes H 3 Deborah Alden (R) H 4 Edward A. Buchanan (R) Sheridan-Area Legislators Senate 3rd 2/25/04 S 21 Bruce Burns (R) No H 29 Jerry Iekel (R) H 51 Rosie Berger (R) S 22 John Schiffer (R) Yes H 30 Jack Landon (R) H 40 Doug Osborn (R) South Central WY Legislators Senate 3rd 2/25/04 S 9 Mike Massie (D) No H 13 Jane Warren (D) H 45 Lorna Johnson (D) S 10 Irene Devin (R) Yes H 14 Phil Nicholas (R) H 46 James Slater (R) S 11 Bill Vasey (D) Yes H 15 George Bagby (D) H 47 Kurt Bucholz (R) Southwest WY Legislators Senate 3rd 2/25/04 S 12 Rae Lynn Job (D) No H 48 Marty Martin (D) H 16 Pete Jorgensen (D) S 13 Tex Boggs (D) Yes H 17 Fred Parady (R) H 60 Bill Thompson (D) S 14 Larry Caller (D) Yes H 18 Mick Powers (R) H 39 John Hastert (D) S 15 Ken Decaria (D) No H 19 Owen Petersen (R) H 49 Saundra Meyer (D) West Central WY Legislators Senate 3rd 2/25/04 S 16 Delaine Roberts (R) Yes H 20 Stan Cooper (R) H 21 Randall Luthi (R) S 17 Grant Larson (R) Yes H 22 Monte Olsen (R) H 23 Clarene Law (R) See Southwest Region for H 16 and S 12