Over the last several years, residents of the 20th Senate District, as well as those living in many of Missouri’s other rural areas, have increasingly faced difficulties gaining access to affordable, quality health care. While there are a number of reasons behind this unfortunate trend, one of the primary culprits is skyrocketing medical malpractice insurance rates, which have been forcing Missouri’s doctors to pass along higher costs to their patients. In some cases, our doctors have had to pack their bags and move their practice to another state.

The increase in malpractice insurance rates over the past decade can largely be attributed to a 2012 Missouri Supreme Court ruling that declared the state’s cap on jury awards for non-economic damages in medical malpractice cases unconstitutional, effectively removing them. By reinstating those caps, I believe we can reduce the number of frivolous lawsuits, restore some degree of certainty and stability to the insurance markets, and eventually return malpractice insurance rates to their pre-2012 level.

Senate Bill 239 will help us do just that. If passed, SB 239 would create a statutory cause of action for damages against health care providers for personal injury or death arising out of the rendering of, or failure to render, health care services. The measure would reinstate caps on non-economic damages in medical malpractice lawsuits to $400,000 for personal injury; $700,000 for a catastrophic personal injury; and $700,000 for death. To adjust for rising expenses, these caps would be set to increase by 1.7 percent each year.

So what does this mean for patients and doctors? First, changes in the law will enable more insurance providers to offer competitively priced liability insurance to health care providers. Second, it means Missourians will have better access to health care, especially in rural areas, since physicians will be able to more easily attain insurance and be more inclined to stay in Missouri. And third, the cost savings doctors and hospitals see will be passed on to patients.

I absolutely support helping people who have been injured in a medical situation; through no fault of their own, they are facing serious physical hardships. In addition, the resulting financial burden is often far more than what most families can even begin to afford. It’s a type of physical pain and financial stress that many of us will never fully understand. That being said, I do support setting caps. Caps protect physicians and patients alike—we all need and deserve access to quality health care. Caps also reduce the number of unnecessary lawsuits that consistently bog down our courts. Senate Bill 239 was passed by the Senate and is currently being considered by the House.

Another measure currently being considered by the Senate is Senate Bill 63, which would establish the Prescription Drug Monitoring Act. Currently, Missouri is the only state that has yet to implement a prescription drug monitoring program; all 49 other states have adopted a program, and Washington D.C. is in the process of developing one. This continues to be the case despite Missouri ranking in the top third for states with the most prescription drug-related deaths.

It’s very easy to see why a prescription drug monitoring program would be beneficial to our state, and why many even say it’s necessary. That doesn’t mean this is a cut-and-dried issue. Many of my colleagues and I in the Legislature have very legitimate concerns about an individual’s right to privacy. Since the data used in these programs is stored electronically, there’s always been a concern about the security of the data and any potential breach that may occur.

Establishing a prescription drug monitoring program in Missouri still has a long road ahead. It could be an incredibly useful and effective tool in preventing prescription drug abuse and addiction. It’s important, however, that if a program is established this year, there are adequate safeguards in place to protect our citizens’ personal medical information and their right to privacy. Senate Bill 63 is currently on the Senate Perfection Calendar.

Finally, I’d like to take a moment to thank all the superintendents from Southwest Missouri’s schools for their show of support in a recent letter to the Springfield News Leader. My fellow senators from Southwest Missouri and I have been, and will remain, committed to ensuring that whatever education bill passes this year, it solely addresses the student transfer issue and does not include any provisions that would have unintended negative consequences on our region’s schools.

If you have any questions or comments about this or any other matter regarding your state government, please feel free to contact me at (573) 751-1503; you are also welcome to e-mail me at jay.wasson@senate.mo.gov.