AAHC leadership votes no on initiative or referendum for 2006 ballot

Will continue to work on reforms as well as increase public education and reimbursement relief efforts

After careful evaluation of current trends in medical liability, as well as the results of a public opinion poll conducted in Arizona, the leadership of Arizonans for Access to Health Care (AAHC), the organization specifically created by the Arizona Medical Association to focus on medical liability reform efforts, voted unanimously this past weekend to not pursue an initiative or referendum for the 2006 ballot.

Current information shows that nationwide, and in Arizona, the frequency and severity of medical liability claims and suits seems to have moderated slightly in the past year. Additionally, a public opinion poll, conducted by a firm retained by AAHC, found that, while Arizona voters believe there is a crisis in medical care, due in some part to rising medical liability insurance premiums, they seem to be only willing to support reforms that would have little impact.

In addition, AAHC leadership is skeptical, given the current reimbursement environment, that Arizona physicians would be able to raise the $6 to $8 million dollars needed to effectively carry out a medical liability reform campaign.

AAHC leadership also discussed the impact liability premiums are having, given the major reimbursement issues physicians are facing (in light of the recent Medicare 4.4 percent cut). As a result, AAHC will expand its focus to include improving reimbursement across the board.

Even though AAHC has decided to not pursue a ballot initiative or referendum this year, the organization will continue to aggressively pursue reforms on a legislative level, beginning with the introduction of a bill this session, sponsored by Senator Carolyn Allen, that seeks to raise the burden of proof for all emergency services to “clear and convincing”—as now exists for certain emergency obstetrical cases.

Hopefully, this action will bring some medical specialties back to the emergency departments—a dire need identified recently by the American College of Emergency Physicians’ report card that confirmed a severe shortage of on-call specialists exists in Arizona and is having a critical impact on the delivery of care.

AAHC’s Law Review Task Force has also come up with a series of recommendations, including ways of encouraging peer review, on a national level, for expert testimony by specialty societies, and giving judges more discretion in disallowing “junk science” in medical liability cases.

AAHC will intensify its public education efforts to inform Arizonans about the gravity of our medical care crisis, as well as physicians’ reimbursement problems that exacerbate their ability to cover the costs of their escalating overhead, including medical liability insurance premiums.

Deciding to not put something on the ballot this year was not a decision made easily. However, if conditions worsen more, AAHC will not rule out an effort for the 2008 ballot. For now, the organization will intensify its public awareness activities, and will continue to aggressively pursue reforms at our state legislature, to add to our successful efforts accomplished thus far (Affidavit of Merit, I’m Sorry, Expert Witness, Vulnerable Adult).