This article was published in the June 25th issue of the Democrat & Chronicle in Rochester, NY. 

Dear Readers,

Our regional healthcare system relied upon by our patients faces a potential disaster.

The New York State Legislature has again passed legislation (A.6698/S.6636) that would exponentially expand damages awardable in wrongful death lawsuits. This bill is very nearly the same as one that was—thankfully—vetoed by Governor Hochul last January. 

The Governor must veto this new version as well.

We have great sympathy for the grieving families this legislation seeks to help.  However, any legislation to expand costly lawsuits must be balanced to help to prevent the enormous adverse impact this bill would have on our health care system.  Had this bill been signed into law, it would have made it even more difficult for our struggling community hospitals and medical practices to continue to provide needed patient care. 

Proponents claim the new bill responds to the Governor’s veto.  It most surely does not.

Governor Hochul identified several reasons for vetoing the earlier bill, including that it “would increase already high insurance burdens on families and small businesses and further strain already-distressed healthcare workers and institutions” which would be “particularly challenging for struggling hospitals in underserved communities”.  Furthermore, the Governor articulated her concerns that the bill “passed without a serious evaluation of the impact of these massive changes on the economy, small businesses, individuals, and the State's complex health care system.”  The bill does not address these concerns.  It would continue to enable the awards of new categories of damages that multiple actuarial studies show will lead to a nearly 40% growth in liability costs, which would be on top of the already unaffordable costs facing our physicians and hospitals.  Studies from Diederich Healthcare show that from 2019-2021, New York had the highest cumulative medical liability payouts of any state in the country, $1.4 billion, nearly twice as much as the 2^nd highest state (Florida) and the 3^rd highest state (Pennsylvania). It also had the highest per capita liability payment, 33% more than the 2^nd highest state (PA).  These costs far exceed states like California and Texas, with whom New York competes to retain and attract needed specialty care physicians.

We just completed a State Budget where significant steps were taken to address the stability of our various community health care providers, particularly those providing needed care in our undeserved areas.  Yet by imposing staggering new costs this legislation would undermine the positive steps in the State Budget to protect access to care. 

Our regional healthcare safety net is already under significant duress even without having to absorb the extraordinary costs this bill would require. I urge the Governor to veto this new legislation, and work with the Legislature to adopt truly balanced legislation that expands the rights of grieving families, while protecting our healthcare safety net. To urge the Governor to veto the bill, please go here. 

Sincerely, 

Dr. Hemant Kalia

President of the Monroe County Medical Society

Check out this article by MCMS President, Dr. Hemant Kalia:

https://www.gvhealthnews.com/features/5-things-you-need-to-know-about-mens-health/

Throughout June, Men’s Health Month aims to encourage boys and men to take charge of their overall health by implementing healthy living decisions.

https://minorityhealth.hhs.gov/mens-health/index.html

Update: a short while ago, the NY State Assembly again passed the revised bill by a 132-11 vote.  So, our advocacy focus in the next few days must be on the leadership of the New York State Senate

Take Action by:

Contacting the New York State Senate, including to Senate Majority Leader Andrea Stewart-Cousins at 518-455-2585 and Deputy Majority Leader Michael Gianaris at 518-455-3486.

Send a letter to your Senator, the Senate Majority Leader and the Governor: click here, Oppose Harmful Liability Expansion Bills That Impede Patient Access To Care! Click here to send a letter!

On Monday, May 8, 2023 from 12-1pm Dr. Mathew Devine and Dr. Michael Privitera will be speaking about Physician Burnout and our upcoming Health Symposium on May 17th. You can check them out here!

 https://www.wxxinews.org/show/connections. 

Is it safe to get healthcare? If yes, why do over a quarter of a million people die each year from medical errors? Do patients really understand the risks, how quality is measured and what each patient needs to do to be safe and keep others safe?  What is  the National Healthcare Strategy and what are the implications of the mid-term elections and near-term elections?

Join hundreds of local healthcare leaders coming together from 7:30am to 11:30am on Friday, June 9 to network, learn about these topics, and be inspired by some of the smartest, most innovative, provocative National Healthcare Thought Leaders in the nation. The distinguished speakers for this event are:

•  Dr. Dana Gelb Safran, ScM and ScD Health Policy and Management, President and Chief Executive Officer, National Quality Forum (NQF)
• Blair Childs, Senior Vice President, Public Affairs, Premier

Tables of 10 or individual seats are available for purchase.

Click here to learn more.  Click here to register.

Call Linda Becker at 585-738-7397 for sponsorship opportunities.

Presented by Northstar Network.

Monroe County Medical Society (“MCMS”) members who are referred by any MCMS employee to Underberg & Kessler LLP (“U&K”) law firm as a client for the first time will receive a 10% discount on all legal fees going forward. Anyone with questions about this policy, please contact Lucia Castillejo, MS, Chief Executive Officer, MCMS (585-473-7573 or lcastillejo@mcms.org) or U&K’s Paul F. Keneally, Esq. (258-2882 or keneally@underbergkessler.com).

MCMS has received notice that physicians are receiving a “DEA Scam”.  We want to remind all medical providers that this scam exists.

If you do get such a call, the DEA recommends reporting it to the FBI’s Internet Crime Complaint Center at www.ic3.gov.  More information here:  https://www.dea.gov/scam-alert

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