Malpractice limit in works

Florida lawmakers propose placing new limits on medical-malpractice lawsuits involving Medicaid patients, arguing the move could motivate more doctors to participate in the program.

The House Appropriations Committee approved a Medicaid bill that would limit non-economic damages — which are awarded for such things as pain and suffering — to $300,000 in cases where doctors or other providers are at fault for injuries to Medicaid patients.

A Senate bill includes a similar limit. In both chambers, the malpractice limits are parts of broad bills to restructure the Medicaid system.

Typically, state law limits non-economic damages in malpractice cases to $500,000, though that total can vary based on case circumstances. Under the House bill, total non-economic damages would be capped at $300,000 when more than one medical provider is at fault for injuries to a Medicaid patient. No single provider would be liable for more than $200,000.

Supporters of overhauling Medicaid contend that the current system is hobbled by a lack of doctors who are willing to participate. A major part of the problem stems from low payment rates, but lawmakers hope that shielding doctors from cost-driving lawsuits filed by Medicaid patients also help increase participation.

According to a report from The News Service of Florida, the lawsuit limits were one of the most heavily debated issues by Appropriations Committee members before it approved two bills that make up its plan to overhaul the Medicaid system. The committee voted 12-8 to approve House Bill 7107 and 15-8 to approve House Bill 7109. Both votes were along party lines, with Republicans supporting the measures and Democrats dissenting.

Under the bills, Medicaid would gradually move to a system in which almost all beneficiaries are enrolled in HMOs or other types of managed-care plans. Supporters contend that such a system would help control the steadily increasing costs of the $20 billion program, but other groups are worried about turning the system over to managed care.