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Politics of Caring
By Rose Gonzalez, MPS, RN, and Joan Meehan-Hurwitz
Federal Update: Early Detection of Cancer
A bipartisan bill that would provide women with information
about gynecologic cancer symptoms and risk factors and to improve
early detection, was introduced in Congress by Representatives Sander
Levin (D-MI) and Kay Granger (R-TX) in November 2003.
This bill, Johanna’s Law: The Gynecologic Cancer Education and Awareness Act of
2003, named after a young woman who died of ovarian cancer, is the outcome
of a sister’s resolve to change a tragic set of circumstances.
Johanna Silver Gordon was a health-conscious woman who saw her gynecologist
annually for pelvic exams and Papanicolaou smears. Her
symptoms, heartburn, abdominal bloating, and constipation, led
her to assume that she had a minor gastric problem. Unfortunately, she
was unaware that these are common symptoms of ovarian cancer.
Lack of knowledge can lead to delays in early diagnosis and treatment and today
contributes to late-stage diagnosis and the deaths of many women. More than
80,000 women are diagnosed with a gynecologic cancer in the United States
every year. This year, an estimated 26,000 U.S. women are expected to die
from some form of gynecologic cancer. When diagnosed at their earliest
stages, gynecologic cancers including ovarian, endometrial, and
cervical cancers, offer excellent prognoses for long-term survival.
Therefore, this bill, HR 3438, would provide for a
national gynecologic cancer early detection and awareness campaign directed
at women and their providers. It would authorize grants to test outreach
and education campaigns to raise awareness among physicians and consumers
about gynecologic cancers and to fund public service announcements.
On
March 22 the ANA sent a letter to the House of Representatives supporting
this legislation. The modest investment in outreach and education contained
in the Gynecological Cancer Education and Awareness Act of 2003 would
greatly improve understanding and increase early detection of these deadly
cancers. For more information on this legislation please refer to
http://thomas.loc.gov.
State News
As medical malpractice reform continues to stall on the federal
level, advocates are attempting to cap awards from malpractice suits by
advancing legislation at the state level. Currently, more than half of all
states limit jury awards and many more are considering adopting caps. For
example, in April the Missouri State Senate passed a bill that will cap
noneconomic damages in civil medical malpractice suits. The bill gives the
State Department of Insurance authority to review malpractice
insurance rates. It also allows doctors to claim a tax credit to cover
malpractice premiums above a certain level. For more information refer to
www.kaisernetwork.org.
According to the National Conference of State Legislatures, the rise in medical
malpractice reform efforts is part of the same cycle that occurred in the
1980s and subsided after rates stabilized.
Medical Malpractice
A second attempt to address the medical malpractice crisis
this year failed. On April 7 Senate Republicans were unable to secure
enough votes to begin floor debate on S 2207,
a bill designed to reform the current medical-liability system.
This time they fell short by 11 votes needed to begin
debate.
The Pregnancy and Trauma Care Access Protection Act of 2004
sponsored by Senator Judd Gregg (R-NH), would impose federal limits on
damages in lawsuits against ED professionals and others in trauma care. It
would cap noneconomic damages for pain and suffering at $250,000. Although
the Senate was unable to debate the bill, Republicans plan to hold multiple
votes on this issue.
In March Senate Majority Leader Bill Frist (R-TN)
stated that he planned to offer medical-liability legislation every two
months until it passes. Medical malpractice will remain a controversial
issue for the Senate during this election year. It also is a top
legislative priority for the American Medical Association. Some argue that
medical malpractice premiums inhibit health care access since physicians
are leaving high-risk practices. Others argue that insurance industry
practices cause the problem. The ANA has opposed these bills and supports a
comprehensive approach to reform.
For the ANA’s position on medical liability please refer to www.anapoliticalpower.org.
For more information on this legislation please refer to http://thomas.loc.gov.
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