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The Kansas Supreme Court has announced plans to re-hear oral arguments in Miller v. Johnson, the constitutional challenge to our state's $250,000 limit on non-economic damage awards. Though the Court is not obliged to explain its actions, in the order setting the case for re-argument on Feb. 18, it did mention that the death of former Chief Justice Robert Davis, and his replacement by Justice Nancy Moritz, were among the reasons for the re-hearing. The Court also announced that Justice Eric Rosen has recused himself from the panel that will hear the re-arguments, and former Court of Appeals Judge David Knudson has been appointed to participate fully in his place. The Court gave no reason for Justice Rosen's withdrawal.
It is difficult to know how this new development will impact the outcome of the case. There had been speculation that the Court was closely divided, or even undecided, which may help to explain why there has been no decision in the nearly two years since the Supreme Court assumed jurisdiction of the case. Re-hearings, though not unheard of, are rare. Another rarity is that the Court has allotted 90 minutes to each side in the case. Ordinarily, parties are given 15 minutes or, in limited cases like the original Miller argument, 30 minutes to present. It is possible that the Court has extended the time simply to entertain a very thorough discussion with ample time for questions. It also has been suggested, however, that the extended time may hint the Court intends to focus on problems of implementation should the justices find the cap unconstitutional.
One thing is clear ... the re-hearing will certainly reset the clock on the issuing of the Court's opinion. That means it is unlikely we will see a decision quickly, and we are probably looking at least toward the end of this legislative session until a decision is rendered.
What does all this mean for Kansas health care providers interested in the outcome of this case? While the procedural landscape of the Miller case has changed fairly dramatically, the issues really remain the same. The plaintiff in the case still contends that the cap on damages violates four provisions in the Kansas Constitution: the rights of equal protection, trial by jury, remedy by due course of law, and the principle of separation of powers. And if the Court declares the law unconstitutional, the likely result is still that premiums for professional liability coverage will double in a couple of years. It goes without saying that such a dramatic increase in liability premiums will impact health care delivery in every area of the state, and make it particularly difficult to recruit and retain physicians.
The Kansas Hospital Association continues to work with our partners at the Kansas Medical Society and with legislative leadership to prepare for the Court's final action in Miller. Should the decision result in the damage limit being declared unconstitutional, we are ready to launch a campaign - both in the legislature and the public at large - to re-enact this critical component of tort reform.
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In January, the Kansas Hospital Association released a new report by the Kansas State University's Office of Local Government entitled, The Importance of the Health Care Sector to the Kansas Economy.
This report is a good reminder that while we as a society tend to focus our attention on rising health care costs, we often forget that the health care system is one of the major drivers of the Kansas economy. The report identified three general areas of health care's importance to the state's economy: 1) health care attracts and retains business and industry; 2) health care attracts and retains retirees; and 3) health care creates jobs in the local economy.
In addition to its direct impact on the Kansas economy, the health care sector also creates a "ripple effect" through businesses purchasing goods and services from other local businesses, and through health care workers spending wages and other income for household goods and services.
Some of the facts contained in the report are very significant. For example, in Kansas, the overall health care sector employs more than 184,000 people with a "ripple effect" of creating nearly 100,000 jobs throughout all businesses and industries in the state. The report also states that Kansas hospitals directly employ 62,446 employees and have an indirect impact of an additional 41,839 jobs.
According to the report, the Kansas health care sector employs 10 percent of all job holders in the state. This puts Kansas ahead of the national average of 9.1 percent of all job holders in the United States working in health care services. All told, health care services were the fourth largest aggregate employer in the state. In addition, health care generated $9.9 billion in total income, making it the fifth largest producer of total income in the state. From an economic point of view, the health care sector is among the fastest growing in the Kansas economy. And, as the report notes, this trend is likely to continue given demographic realities.
This report documented the relative importance of the health care sector to the Kansas economy. While the estimates of economic impact are substantial, they are only a partial accounting of the benefits that health care in general, and community hospitals in particular, provide to the state. Kansas community hospitals help to not only stabilize the population base, but also invigorate their communities and contribute significantly to the quality of life.
Granted, there is legitimate concern about the cost of health care and the important policy discussions about how to better control that cost. At the same time, however, it is equally important to pause and remember that a vigorous and sustainable health care system is essential not only for the health and welfare of community residents, but to enhance economic opportunity as well. Kansas community hospitals are major employers and business partners. As we continue to look for opportunities to enhance our state's economy and stabilize our population, a strong health care system, anchored by well-supported community hospitals, is essential.
KHA sent out a statewide media release on this report and has worked with Kansas Rural Health Works to make brochures available to hospitals. In addition, new county economic impact reports, PowerPoint Presentations and Media Advisories were mailed to CEOs and are available on the Kansas Rural Health Works Web site. We encourage trustees to use these resources as you share the economic impact of your hospital with your community.
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The Kansas Health Information Network is a Kansas non-profit corporation and a provider-led collaboration between the Kansas Hospital Association, the Kansas Medical Society and representatives of the two regional health information exchanges organizations, eHealthAlign in Kansas City and the Wichita Health Information Exchange. KHIN's operating philosophies are to ensure long-term sustainability of health information exchange for all parts of the state through the provision of high quality health information exchange services at the lowest cost to providers and to ensure that community exchanges can focus upon care coordination and local innovative strategies that improve patient outcomes.
KHIN is in a unique position to keep provider needs and concerns a priority. Patient privacy; fair and appropriate pricing; access for all hospitals and providers; efficiencies of scale; and capitalizing on the strengths of regional and community initiatives are among our objectives. One of our primary concerns is keeping the costs to hospitals and providers as low as possible. We are doing this by aggressively pursuing grants and alternative funding options and by purchasing the technology as one statewide organization as opposed to duplicating these costs in each community.
As part of our collaboration, KHIN has entered into a contract with Informatics Corporation of America to provide the technology necessary to implement health information exchange services in Kansas and portions of western Missouri. As KHIN moves forward to implement the technology and provide services to KHA and KMS membership, we will be contacting hospitals to keep them informed of the opportunities to participate in exchange.
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Due to continuing interest from Kansas hospitals, the Kansas Healthcare Collaborative is pleased to announce an extended enrollment period for the Stop BSI Project. The Stop BSI Project is a groundbreaking national patient safety program to reduce central line-associated blood-stream infections in hospital units using the Comprehensive Unit-Based Safety Program. CUSP is transforming care and patient safety in hospital units by improving patient safety culture and practices.
Kansas on the CUSP: Stop BSI project goals are to eliminate, or at least reduce, central line-associated blood-stream infection rates to no more than one infection per 1,000 catheter days at the end of two years, and improve safety culture on hospital units. There is no charge for hospital teams to participate. The Kansas Healthcare Collaborative will enroll facilities through March. For more information or to enroll your hospital, please contact Tonya Crawford, program manager at (785) 235-0763 or visit the KHC Web site.
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The sports metaphor may be overused as it applies to analyzing the actions of those in government, but Gov. Sam Brownback really hit a "home run" with the nomination of Dr. Robert Moser to be the new head of the Kansas Department of Health and Environment.
Many of you may already know that Dr. Moser is currently the director of Rural Health and Outreach at the University of Kansas School of Medicine-Wichita, a job he began in September. Prior to that, he was medical director of Greeley County Health Services. He is a past president of the Kansas Academy of Family Physicians and also has been very active in the Kansas Medical Society. Dr. Moser has a national reputation, serving as a delegate to the American Academy of Family Physicians and on several committees of that organization. He has been the AAFP liaison to the American College of Obstetrics and Gynecology Committee on Professional Liability, and recently served as the AAFP liaison to the American Hospital Association Small and Rural Hospital Governing Council.
Dr. Moser's commitment to health care in Kansas is well documented. He graduated from the University of Kansas School of Pharmacy in 1981 and from the University of Kansas School of Medicine in 1985. Dr. Moser completed his family practice training in Salina at the Smoky Hill Family Practice Residency Program in 1988. He served as a volunteer assistant clinical professor at the University of Kansas School of Medicine-Wichita and as a preceptor for medical and physician assistant students. He has served on numerous state committees, including the Kansas Primary Care Collaborative Coordinating Committee, the Kansas Legislative Physician Workforce and Accreditation Task Force and the Kansas Rural Commission. In 2006, he was named the Kansas Family Physician of the Year.
KDHE employs about 1,000 people and has a budget of $263 million. Dr. Moser will face many challenges as he takes the reins of the Kansas Department of Health and Environment. Access to health care, protection of the safety net, quality, health information technology, population health and many other issues will continue to present the agency with stiff tests. However, if you've ever worked with Dr. Moser, you know he is up to the challenge. He will approach each issue with thoughtfulness, fairness and a positive outlook. Simply put, the appointment of Dr. Moser sends a strong signal to all Kansans that someone who knows the strengths and weaknesses of our health care system from the ground up is now in charge of the state's main health agency.
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Registration is now open for the Rural Health Symposium on March 15 and 16 at the Hyatt Regency in Wichita. This year's symposium contains many topics of interest for hospital trustees, including: rural health policy issues, workplace culture, the Kansas Department of Health and Environment, physician issues, succession planning, fundraising, quality health indicators, EMResource™ and health information technology tools.
A block of rooms has been reserved at the Hyatt Regency for the evenings of March 14 and 15 at the rate of $105, plus tax. This rate includes parking and guest-room Internet. The hotel will hold the room block until Feb. 14. After that, reservations will be taken on a space-available basis. Make your reservations by calling (316) 293-1234 and asking for the Kansas Hospital Association room block to receive the special rate.
The Rural Health Symposium brochure and online registration are available on the KHA Web site. Questions may be directed to the KHA Education Department at (785) 233-7436.
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Have you seen the statewide Kansas Organ and Tissue Donor Registry Web site that was launched in November? If not, we encourage you to check out this new, first-person authorized registry. Now, anyone with a Kansas address can sign up to be an organ and tissue donor online at www.DonateLifeKansas.com.
The Kansas Hospital Association will host a Noon Briefing on Tuesday, Feb. 8 to discuss the statewide online registry for organ, eye and tissue donation. During this Webinar, the Midwest Transplant Network will update participants on the development of the Registry and how it will assist hospitals.
The KHA Noon Briefing brochure and online registration are available on the KHA Web site. Questions may be directed to the KHA Education Department at (785) 233-7436.
For more information, call the Midwest Transplant Network (888) 744-4531, or visit http://www.mwtn.org.
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The Kansas Hospital Education and Research Foundation, the Kansas Association of Health Care Executives and the Kansas Hospital Human Resources' Association are offering the following health care scholarships for the 2011-2012 academic year:
- Allied health scholarship (multiple scholarships - $500 min.)
- Nursing scholarship (multiple scholarships - $800 min.)
- Master's and doctoral scholarship (multiple scholarships - $900 min.)
- Nursing or allied health education faculty scholarship (multiple scholarships - $900 min.)
- Kansas Association of Health Care Executives Scholarship (multiple scholarships - $500 min.)
- Kansas Hospital Human Resources' Association (single scholarship - $500 min.)
Priority will be given to professions and regions experiencing shortages in Kansas. Applications and more information are available on the KHERF Web site. If you have any questions, contact Susan Cunningham at (785) 233-7436. Applications must be postmarked no later than Feb. 28, 2011.
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The 2010 Annual STAT Report is specific to Kansas and provides information regarding legislative issues, as well as information on hospital characteristics, workforce, utilization and finances. The STAT Report is designed to assist health policy decision-makers and business and community leaders in understanding the impact of their decisions regarding access to and the quality of health care in Kansas.
If you would like a copy of the 2010 Annual STAT Report, contact Debbie Hall at (785) 233-7436. In an effort to make the STAT Report available to as many people as possible, we also have placed the report on KHA's Web site in a bookmarked PDF. To open the bookmarking feature, once the PDF is open, click on the icon on the left. Specific sections (with bookmarks) also are available and allow individuals to get just what they are looking for, in smaller file sizes.
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If you are trustee interested in assisting the American Hospital Association on their Committee on Governance, this year, AHA is looking to fill five at-large positions. They will receive applications until Feb. 15. Then the AHA nominating committee (made up of trustees who have formerly served on the AHA Committee on Governance) will interview candidates in April and May. They make their recommendations in June, and the recommendations get final approval by the AHA Board in the fall. Terms will begin in January of 2012. AHA pays for travel costs.
If you are interested, see the AHA Call for Nomination for more information. The trustee candidate application form is designed so that the applicant can save the form to a folder or desktop, type in the responses, and e-mail the form back to us with their resume or bio.
AHA also has created a one-page description of the AHA Trustee Leadership Network, a forum for trustees interested in supporting AHA's advocacy activities.
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