Amendment No. 3 would settle legal debates

Dear Editor,

The members of the Louisiana Hospital Association, Louisiana Nursing Home Association, Louisiana State Medical Society and Metropolitan Hospital Council of New Orleans are working together to educate the public about Constitutional Amendment No. 3, HB 341 by Rep. Chris Hazel (R-Pineville) regarding the Louisiana Patient’s Compensation Fund (PCF), which will be on the October ballot.

The PCF was created to provide affordable, medical malpractice coverage to all private health-care providers and to provide a certain, stable source of compensation for legitimate injured parties of medical malpractice. If passed, the language in the constitutional amendment would settle several legal debates that have the potential to hinder the activities of PCF.

Amendment No. 3 will protect the funds of the PCF from being appropriated by the Legislature and will prevent the state from being liable for the debts of the PCF by clarifying that:

• the funds are available only to pay claims of those injured by medical malpractice;

• the state is not responsible for the liabilities of the PCF; and

• no state general funds could be used to pay PCF liabilities unless approved by the Legislature.

PCF funds are 100 percent generated by surcharges paid by doctors, hospitals, nursing homes and other health-care providers. It is not an insurance company, and Amendment No. 3 will clarify that point.

Michelle S. Clement, APR,

Louisiana Hospital Association

Baton Rouge, La.