Kreisman Law Offices Professional Corporation
The SUMMARY OF MEDICARE ACT OF 2003.pdf requires the president to submit legislation to remedy Medicare’s money problems. Mixed up in this formula is the dangerous prospect that a tort reform provision will be attached that would severely limit the rights of citizens to bring Illinois medical negligence claims against doctors, hospitals, nurses and clinicians who may be responsible for injuring patients.
Tort reform or “deform”, as some opponents refer to it, has been enacted into law in many states, usually only to limit the ability of the injured to bring Illinois medical malpractice lawsuits. In 2005 Illinois fell to tort reform in medical negligence cases only, the constitutionality of which is now being challenged. A test case succeeded in the Circuit Court of Cook County, where Judge Larson found the law to be unconstitutional. Currently that circuit court decision is being appealed and a decision by the Illinois Supreme Court is due later this year on the validity of that act.
The requirement for legislation is triggered when Medicare funding exceeds 45% by the general revenues for two consecutive years. The act also requires the majority and minority leaders of the Senate and the House to submit their own bills for consideration.