MINUTES SENATE COMMITTEE ON PROMPT PAYMENT OF HEALTH CARE PROVIDERS Friday, October 18, 2002 9:30 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Prompt Payment of Health Care Providers was held on Friday, October 18, 2002, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jane Nelson Senator John Carona Senator Troy Fraser Senator Mario Gallegos, Jr. Senator Judith Zaffirini ***** The Chair called the meeting to order at 9:34 a.m. The following business was transacted. The Chair made opening remarks and announced that the purpose of this hearing was to solicit and consider public testimony on the committee's charge relating to medical malpractice liability insurance: to evaluate the effectiveness of existing state law and agency rules relating to the current medical professional liability system; and to assess the causes of rising malpractice insurance rates in Texas, including the impact of medical malpractice lawsuits and their impact on access to health care. The Chair invited Cheye Calvo, Committee Director of the Financial Services Standing Committee, National Conference of State Legislatures, to provide testimony before the committee regarding national trends and other states' legislative responses relating to the medical liability insurance crisis. Cheye Calvo provided a Power Point presentation and responded to questions by members of the Committee. There being no further questions for this witness, the Chair called David Durden, Associate Commissioner for Governmental Relations, Texas Department of Insurance, to respond to questions by Senator Fraser. There being no further questions for this witness, the Chair called David Duffner, M.D., Orthopedic Surgeon - Travis Orthopedic and Sports Specialists, P.A.; Bill Hammond, President and CEO - Texas Association of Business; Tommy Jacks, Attorney - Mithoff & Jacks; Reggie James, Director - Consumers Union Southwest Regional Office; and Michael Regier, Vice President and General Counsel - Seton Network, to discuss matters relating to rising malpractice insurance rates in Texas and their impact on patient access to health care. The invited witnesses provided oral testimony and responded to questions by members of the Committee. There being no further questions for these witnesses, the Chair invited David Kramer, Attorney - Texas Legislative Council, to testify regarding the legislative history of tort reform in Texas relating to the medical malpractice issue. The witness provided oral testimony and responded to questions by members of the Committee. There being no further questions for this witness, the Chair opened the hearing to public testimony. Witnesses testifying are shown on the attached list. There being no further business, at 1:58 p.m., Senator Nelson moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Jane Nelson, Chair ______________________ Cheri Huddleston, Clerk