Mid-Hudson News: Opinion: New liability bill doesn’t resolve Hochul’s concerns, will undermine access to care

By: Dr. Adele El-Kareh

Dear Editor:

Equal access to high quality healthcare is at risk if lawmakers pass a bill that expands liability without considering the impact on hospitals and doctors, including primary care physicians, surgeons, women’s healthcare providers, and mental health professionals.

Lawmakers and Governor Kathy Hochul have rightly focused on expanding access to reproductive care and mental health services. But those efforts are in jeopardy if practitioners cannot afford to operate in New York. Patients will experience longer wait times and can expect to see their health insurance and out-of-pocket payments increase too.

Unfortunately, the New York State Legislature is again considering a bill (A.6698/S.6636) that would exponentially expand liability in wrongful death lawsuits without mitigating unintended and costly consequences. This bill is very nearly identical to the one that was—thankfully—vetoed by Governor Hochul in January.

I have great sympathy for the families this legislation seeks to help. However, any legislation to expand costly lawsuits must be balanced to help prevent adverse consequences for our health care system. If enacted, this bill is projected to increase medical professional liability insurance premiums by 40% or more. Had last year’s bill been signed into law, it would have made it even more difficult for our struggling community hospitals and medical practices to continue to provide needed patient care.

While the new bill purports to respond to the Governor’s veto, it, in fact, does not.

Governor Hochul identified several reasons for vetoing the earlier bill, including that it “would increase already high insurance burdens on families and small businesses and further strain already-distressed healthcare workers and institutions” which would be “particularly challenging for struggling hospitals in underserved communities”.

Furthermore, the Governor articulated her concerns that the bill “passed without a serious evaluation of the impact of these massive changes on the economy, small businesses, individuals, and the State’s complex health care system.”

The most recent bill does not address these concerns. Studies from Diederich Healthcare show that from 2019-2021, New York had the highest cumulative medical liability payouts of any state in the country, $1.4 billion, nearly twice as much as the 2nd highest state (Florida) and the 3rd highest state (Pennsylvania). It also had the highest per capita liability payment, 33% more than the 2nd highest state (PA). And it far exceeds states like California and Texas, which New York is competing with to retain and attract and retain the best and brightest physicians.

We just completed a Budget cycle where significant steps were taken to address the stability of our various community health care providers, particularly those providing needed care in our underserved areas. Yet this legislation would undermine the positive steps the Legislature has taken to protect access to care.

The State Legislature must work towards the adoption of truly balanced legislation that can expand the rights of grieving families, while at the same time preserving our patients’ ability to continue to receive needed healthcare in our communities.

Dr. Adele El-Kareh

President, Dutchess County Medical Society

Dr. Adele El-Kareh is a board-certified OBGYN, clinical assistant professor of medicine, and president of the Dutchess County Medical Society.