Senator Ron Richard’s Legislative Column for the Week of Feb. 15

Richard Column

Missouri Senate Focuses on Reform Measures

Legislative News

For the Missouri Senate, Tuesday evening proved to be a late night that turned into an early morning, as floor debate on Senate Bill 847 did not conclude until after 6 a.m., Wednesday. The measure seeks to restore fairness to personal injury litigation and help reduce the cost of insurance for doctors and businesses. Specifically, it modifies provisions relating to the collateral source rule and provides that parties may introduce evidence of the actual cost, rather than the value, of the medical care rendered.

In 2005 the Legislature passed a comprehensive tort reform bill that, among other things, aimed to fairly compensate injured parties for their medical expenses. The intent was always to allow injured parties to recover the actual cost of their medical bills, or the true dollar amount they paid. Unfortunately, the courts have since misinterpreted the intent of the legislation and the definition of “value” by ruling that the value of health care is not what a plaintiff actually paid out of pocket, but the full billed amount. This has resulted in plaintiffs trying to recover compensation for medical expenses they were never required to pay. To complicate matters, juries do not always see the actual cost a plaintiff paid; they only see the full billed amount and often award “phantom damages” as a result.

Approved by the Senate on Thursday, SB 847 establishes that the appropriate recovery for medical expenses is the actual amount paid, not the value. By restoring fairness to personal injury litigation, we will further improve Missouri’s legal system and economy; and by reducing the cost of insurance for Missouri doctors and businesses, we will help stabilize, even possibly lower, health care costs for consumers. Most importantly, SB 847 sends a clear message to the medical community that we want them to stay in the Show-Me State.

On Thursday, the Senate voted 31-1 to pass House Bill 1979, and the Legislature moved one step closer to sending a balanced ethics reform bill to the governor’s desk. The struggle to address Missouri’s lenient ethics laws has been ongoing for some time now. Although we have come close before, a strong and wide-ranging difference in opinions has always prevented us from moving an ethics bill across the finish line.

We know from experience that trying to pass a sweeping ethics bill has very little chance of succeeding. That leaves us with the much more realistic approach of chipping away at the larger problem by passing modest and measured legislation. That is exactly what we accomplished this week. Very simply, HB 1979 prohibits members of the General Assembly and statewide elected officials from registering as a lobbyist before the end of the full-term they were elected to serve — preventing lawmakers from resigning their seat in office mid-term to become lobbyists. House Bill 1979 now heads back to the House for their final approval.

Finally, I want to take this time to remember Justice Scalia, who was not only a brilliant man, but also one of the greatest legal minds of our time. He wrote many eloquent legal opinions; many were widely quoted. His colleagues describe him as a man of integrity and wit, and one of the most important figures of the history of the Supreme Court who deeply influenced our legal culture.

This week, I offered a resolution recognizing this Justice whose passing is of an immense loss to our country. I have faith in the U.S. Senate that they will make the best decision for our country when faced with confirmation of the next appointment to replace the Honorable Justice Scalia.

Helpful Consumer Financial Information

This week, the Heartland Credit Union Association offers information to help you better protect yourself while shopping online. Shopping online is easy and convenient, but the potential for fraud is high. While there isn’t a fail proof solution, the HCUA offers these tips to help protect you and your account information from online hackers.

Make sure you’re on a secure website.
Check that the website will encrypt your information. Encryption ensures that only authorized parties can see your personal details. The URL on the payment screen should have an “https” or a lock icon, instead of just “http.” If you see a lock but it has a warning symbol, such as a question mark or red line, it suggests the website is only partially encrypted. Abandon cart. Also, if you’re shopping on a wireless network, be sure it’s secure and protected by a password.

Avoid paying with your checking account or debit card.
If your account information or debit card number is stolen, a hacker could wipe out all the money in your account. When using a credit card, you are only liable for a maximum of $50 for fraudulent charges. In some cases you won’t pay anything.

Use an online payment service.
By using trusted online payment services, your credit card information is only in one database, rather than multiple stores.

Sign up for alerts.
Many credit unions and other financial institutions offer texts or emails if your card is used. If someone does nab your account information, this can help you find out about it quickly. Along the same lines, it’s a good idea to check your accounts regularly. Be sure to look for purchases you don’t recognize. If you find a purchase that you didn’t make, contact your financial institution or card issuer immediately.

Contact Me

I always appreciate hearing your comments, opinions and concerns. Please feel free to contact me in Jefferson City at (573) 751-2173. You may write to me at Senator Ron Richard, Missouri Senate, State Capitol, 201 W. Capitol Ave., Rm. 326, Jefferson City, MO 65101; e-mail me at ron.richard@senate.mo.gov or visit me on the Web at www.senate.mo.gov/richard.