On March 17, a was prefiled in the Louisiana House of Representatives that “Provides for medical malpractice coverage for physicians who offer voluntary telemedicine services for the Department of Health and Hospitals.” The bill, sponsored by Representative Katz, will be considered in the 2008 Regular session that begins on March 31.
According to the bill abstract:
Present law provides for medical malpractice liability coverage for certain state health care providers. Present law provides that notwithstanding any other provision of the law to the contrary, the state shall pay any damages, interest, cost of investigation and defense, and any other costs in connection with any claim lodged against a state health care provider for an alleged act of medical malpractice, resulting in the injury or death of a patient up to the limits set forth in present law.
Present law defines a “state health care provider” as a person acting in a professional capacity in providing health care services, by or on behalf of the state, including but not limited to a physician, psychologist, coroner, and assistant coroner who is a licensed physician when acting solely in accordance with the Mental Health Law as provided in present law.
Present law further provides for medical malpractice liability coverage for a state health care provider who is performing voluntary professional services in a health care facility or institution for or on behalf of the state.
Proposed law retains present law and adds that a physician who is providing voluntary
telemedicine services for DHH shall also be provided medical malpractice liability coverage.
Analysis: The proposed law illuminates something confusing about the present law. “State health care providers” are defined as “physician[s], psychologist[s], coroner[s], assistant coroner[s]” who are “licensed physician[s]” acting under the state’s Mental Health Law. My question is, what is a “physician?” The statutory language is unclear. It would seem to be important, given that the proposed law would add coverage for physicians providing voluntary telemedicine services. Does that mean that psychologists and the other enumerated professions would not be covered? Or are they considered “physicians” too?
The present law goes on to say that the premium costs of malpractice coverage must be paid by the “coroner’s office, dentist, registered nurse, licensed practical nurse, pharmacist, optometrist, podiatrist, physical therapist, laboratory or X-ray technician, social worker, hospital administrator, or licensed professional counselor.” It specifically leaves out psychologists and the possibly more generic “physicians.”
This section of the Louisiana Code needs to be cleaned up to make it clear what professions are truly covered. The bill has been provisionally referred to the Committee on Civil Law and Procedure. Whatever committee eventually scrutinizes this bill should take a look at the broader section of the law to which it applies. Concerned Louisiana mental health providers (or other interested parties) might consider contacting Representative Katz’s office.
Bill Text: House Bill No. 193
