KHI News Service
TOPEKA, May 11 The governor signed more than a dozen bills into law Friday, including one that was a compromise reached after her earlier veto of legislation sought by the health care industry to exempt its professional services from the Kansas Consumer Protection Act.
House Bill 2451 was a deal reached during the Legislature”s wrap-up session between the governor”s office and the Kansas Medical Society, which had been the leading proponent for Senate Bill 55. Gov. Kathleen Sebelius killed that measure, saying it was too broad and would have left too little protections for consumers. Lawmakers made no attempt to override that veto instead passing the compromise bill crafted in the session”s waning hours.
The medical society and others in the health industry had asked lawmakers to change the consumer protection act after the Kansas Supreme Court ruled in February that a Wichita surgeon could be held liable for negligence under the consumer law. Medical professionals said that decision, Williamson v. Amrani, provided a new opening for lawsuits against them. They said medical malpractice law coupled with state regulation already offered patients adequate recourse against negligent or deceitful care.
But SB 55 was opposed by consumer groups, including the AARP, and Kansas Attorney General Paul Morrison. It also was fought by the Kansas Trial Lawyers Association.
The bill signed by the governor is much narrower in scope than the one she vetoed and had the endorsement of most of the previously quarreling interest groups. Under the bill signed, the consumer protection act “will not provide a cause of action or remedy against a licensed health care provider for personal injury or death resulting, or alleged to have resulted, from medical negligence.
The governor also signed
SB 138 establishing the Kansas Autism Task Force, which will study and hold hearings on issues relating to the needs and services available for people with autism. The task force is to report its preliminary findings to the Legislative Educational Planning Committee by Nov. 15 and produce a final report by Nov. 15, 2008.