Malpractice Task Force Provides Recommendations

Supreme Court will hear Eminent Domain Case

Governor Doyle Accepts Report on Wisconsin’s Emergency Preparedness Plans

New Microgrant Program Spurs Entrepreneur and Inventor Club

Committee Passes Health Bills

Bill to License Midwives Introduced

Breastfeeding Protection Proposed by Lawmaker

Burke Guilty Plea

Sen. Stepp Won’t Run for Reelection/McReynolds Announces Candidacy

Poll Shows Governor’s Race Close

Harriet Miers Next Supreme Court Nominee

Restaurants Donate to Red Cross

Malpractice Task Force Provides Recommendations
At its final meeting on Oct. 6, the Assembly Medical Malpractice Task Force finalized its recommendations for possible legislative action. While stating that any legislation should address the Supreme Court’s recent decision, and should clarify and reinforce their finding and objectives for a cap on noneconomic damages, the Task Force recommended three alternative proposals.

• Establish a two-tiered system under which injured minors have a higher cap than injured adults.

• Establish a cap on noneconomic damages as the greater of either a base-level cap, or a set amount times each year of life expectancy of the injured patient. The life expectancy factor would be based solely on the age of the injured patient at the time of the act of malpractice, not on the specific health condition either before or after the malpractice.

• Cap noneconomic damages at a specific dollar amount.

The Task Force did not recommend dollar mounts for the above proposals, but recommends methods for determining an appropriate cap, including considering what other states use as a cap on noneconomic damages; actuarial data and studies presented to the Legislature; the amounts of noneconomic damage awards in medical malpractice cases in Wisconsin; and, testimony, data and other information presented to the Task Force.

Supreme Court will hear Eminent Domain Case
The Wisconsin Supreme Court will hear a case which involves the eminent domain acquisition of a home for an airport expansion project in Milwaukee. The Supreme Court will clarify what evidence is permitted in eminent domain cases where property owners challenge the government’s payment for their property.

Eminent domain issues have had particular interest since a recent U.S. Supreme Court ruling heightened awareness of potential takings of individual dwellings for purposes of third party development or redevelopment. AB 657, currently in the Senate, prohibits the condemnation of property that is not blighted if the condemnor intends to convey or lease the acquired property to a third party private entity.

Governor Doyle Accepts Report on Wisconsin’s Emergency Preparedness Plans
On Friday October 7, Governor Jim Doyle accepted a report from Major General Al Wilkening, Adjutant General of Wisconsin and Wisconsin’s Homeland Security Advisor, evaluating Wisconsin’s Emergency Preparedness plans and recommending specific action the state will take to avoid mistakes made in the response to Hurricane Katrina. The Governor was joined by the Red Cross at the press conference.

• Mass Evacuation Plans Must be Developed: At the state level, six key state agencies, in cooperation with the Red Cross, are responsible for specific tasks in support of county and local evacuation and shelter planning. A key finding of this report is that while all plans can accommodate small to medium evacuation and shelter efforts, they have not planned for a large scale catastrophe.

• Special Needs Populations must be Identified Early: Hurricane Katrina showed the need for government and private health care providers to keep track of elderly and disabled residents and have detailed evacuation plans for them in place. This review found that while most Wisconsin counties and municipalities do maintain lists of nursing homes and other specialized care facilities in their plans, there may be individuals, groups, and facilities that have not been identified.

• Evacuation and Emergency Plans are Required for Nursing Homes, Hospitals and Related Facilities: Wisconsin law requires nursing homes, hospitals and related facilities to have all-hazards emergency response plans that are exercised on a local and regional basis annually.

• Local, State and Federal Responses must be Effectively Coordinated and Competently Led: In December, 2004, Governor Doyle issued Executive Order #81, designating the National Incident Management System (NIMS) as the basis for incident management in the state of Wisconsin, which provides a single standardized system of emergency response. The state will encourage local and tribal governments to adopt NIMS, providing consistency across levels of government in an emergency situation.

New Microgrant Program Spurs Entrepreneur and Inventor Club
Economic development corporations, chambers of commerce and other organizations interested in creating an Inventor and Entrepreneur (I&E) Club in their area may now apply online for a microgrant from the Wisconsin Entrepreneurs' Network (WEN).

The program is funded by WEN and the Wisconsin Department of Commerce. Eligible counties may apply for a $1,000 grant to establish a local club, thus enhancing an area's entrepreneurial culture.

Committee Passes Health Bills
During an executive session Wednesday, the Senate Judiciary Committee recommended passage of three health care bills, by a partisan vote of 3 to 2.

• SB-71: prohibits the recovery of damages from a person in a wrongful birth or wrongful life action if the damages resulted from a condition that existed at the time of the child’s birth and the defendant’s negligence contributed to the mother’s decision not to undergo an abortion.

• SB-72: Prohibits certain organizations or affiliates that engage in abortion-related activities from receiving public funds.

• SB-97: Eliminates the authority of an adult family member, a foster parent, a treatment foster parent, or a parent who does not have legal custody of an unemancipated minor to consent to an abortion for the minor.

Bill to License Midwives Introduced
A bill [AB-709] introduced by Rep. Gregg Underheim (R-Oshkosh) would establish requirements for the Department of Regulation and Licensing (DRL) to grant licenses to midwives who are not certified nurse-midwives. Current law recognizes the practice of nurse-midwifery, but does not authorize midwifery by non-nurse midwives.

The bill permits licensing of an applicant who has received a certified professional midwife credential from the North American Registry of Midwives. The bill, as drafted, also has the effect of allowing the practice of midwifery without any license in that it does not prohibit unlicensed practice.

In addition, the bill does not require a licensed midwife to carry medical malpractice insurance coverage or work in collaboration with a physician under a written agreement, in contrast to licensure requirements placed on nurse midwives under current law.

AB-709 is scheduled for public hearing in the Assembly Health Committee, Tuesday, Oct. 11 at 10.00 a.m., Room 417 North, State Capitol.

Breastfeeding Protection Proposed by Lawmaker
Senator Fred Risser (D-Madison) has introduced legislation which aims to eliminate discrimination against breastfeeding mothers.

Senator Risser’s proposal, known as the “Right to Breastfeed Act”, will allow a mother to breastfeed her child in any location where she is otherwise authorized to be. Currently, thirty other states have laws which allow mothers to breastfeed in any public or private location.

For more information on legislation of interest to CTCW members, go to the CTCW Tracking Report.

Burke Guilty Plea
Former state Sen. Brian Burke, D-Milwaukee, is expected to be sentenced to jail time and incur thousands of dollars in legal obligations as a result of his guilty pleas Wednesday in Dane County court. In exchange for the guilty pleas, prosecutors dismissed 11 felonies and five misdemeanors.

Burke has agreed to reimburse the state $9,496 for legal fees paid on his behalf by taxpayers. He also said he would repay the state for the hours aides spent campaigning on state time, an amount that has not yet been determined.

Burke was initially charged with 18 felonies alleging that he repeatedly broke the law in his race for attorney general. Dane County Judge William Foust will determine the sentence at a hearing at 10 a.m. on Nov. 30.

Sen. Stepp Won’t Run for Reelection/McReynolds Announces Candidacy
Senator Cathy Stepp (R-Yorkville) announced Monday that she will not be running for reelection in 2006. In her first term, Sen. Stepp was a leading player in many of the major economic development initiatives that were passed and signed into law in the 2003-04 legislative session.

Following her announcement, Racine County Executive Bill McReynolds (R-Racine) stated his intentions for candidacy in the race for the 21st State Senate seat.

Poll Shows Governor’s Race Close
An online poll showed Tuesday that next year's governor's race is a statistical dead heat, with a slight edge going to U.S. Rep. Mark Green (R-Wis.) over Democratic incumbent Jim Doyle. Doyle held a slight edge on a head-to-head basis over Scott Walker. Both results were within the margin of error.

Based on 737 Wisconsin respondents with computers who signed up with Zogby Interactive to participate in such surveys, pollster John Zogby rated Doyle's re-election bid as too close to call.

Harriet Miers Next Supreme Court Nominee
President Bush this week chose Harriet. Miers, a Dallas native, to succeed Justice Sandra Day O'Connor on the Supreme Court.

Ms. Miers, 60, the first woman to be president of the State Bar of Texas, is a former Democrat who ultimately became a leader in the state's Republican legal establishment. She will join a relatively small, but prestigious list of justices without prior judicial experience.

Miers, an alumnus of Southern Methodist University, grew up in a real estate family in Dallas, served on its City Council and was the first woman to become a partner at a major Texas law firm.

Restaurants Donate to Red Cross
On “Dine for America” day, Oct. 5, restaurants across the country donated a portion of that day’s proceeds to the American Red Cross in support of Hurricane Katrina and Rita relief efforts.

The Dine for America event was created by restaurants and their employees from across the country united in the effort to help those affected by catastrophic national events. Supporting the Red Cross ensures that the organization can provide for the needs of disaster victims, which include emergency food, water and shelter.

Governor signs new gaming compact with Forest County Potawatomi: GM Today, Oct. 5, 2005.

Poll: Doyle and Green in close race for gov: Daily Cardinal, Oct. 5, 2005.

Georgia-Pacific to cut 400-plus jobs at Green Bay mill: Green Bay Press-Gazette, Oct. 5, 2005.

Steel industry clad in rising costs: Milwaukee Journal Sentinel, Oct. 5, 2005.

Bush not set on Fed picks: Milwaukee Journal Sentinel, Oct. 5, 2005.

Improve state's business climate (opinion): Milwaukee Journal Sentinel, Oct. 5, 2005.

Local officials renew push for gas tax exemption: La Crosse Tribune, Oct. 5, 2005.

DNR leader signs regulatory pact: Appleton Post-Crescent, Oct. 5, 2005.

SeniorCare's benefits at risk: Milwaukee Journal Sentinel, Oct. 5, 2005.

State should support stem cell research (opinion): Racine Journal Times, Oct. 4, 2005.

2 utilities buy stake in coal plants: Milwaukee Journal Sentinel, Oct. 4, 2005.

MGE, WPPI buying part of coal plants: Madison Capital Times, Oct. 4, 2005.

UW hopes to keep educated workers in state: Marshfield News Herald, Oct. 4, 2005.

Stepp won't seek second term in Senate: Milwaukee Journal Sentinel, Oct. 4, 2005.

Ex-legislator takes a plea agreement: Milwaukee Journal Sentinel, Oct. 4, 2005.

Milwaukee fares well in Midwest job growth: Milwaukee Journal Sentinel, Sept. 30, 2005.

Sales tax not pill for relief: Appleton Post-Crescent, Sept. 29, 2005.

Close the loopholes in farmland tax law (opinion): Green Bay Pres-Gazette, Sept. 29, 2005.

Doyle stands firm on cloning ban veto: Appleton Post-Crescent, Sept. 29, 2005.

Cloning ban heads toward expected veto: Milwaukee Journal Sentinel, Sept. 29, 2005.

Supreme Court will hear challenges to campaign law: Milwaukee Journal Sentinel, Sept. 29, 2005.

Oct. 10

• Mark Green (R) gubernatorial candidate, Wisconsin Dells

• Mark Green (R) gubernatorial candidate, Madison

• US Rep. Tom Petri (R), Milwaukee

• Scott Walker (R) Gubernatorial candidate, Milwaukee

• US Rep. Paul Ryan (R), Racine

• Rep. Tom Nelson (D-Little Chute), Milwaukee

Oct. 11

• Sen. Scott Fitzgerald (R-Juneau), Watertown

Oct. 12

• Scott Walker (R) gubernatorial candidate, Milwaukee, 5:00 p.m.

• Rep. Jean Hundertmark (R-Clintonville), Madison

• Sen. Jon Erpenbach (D-Middleton), Middleton

Oct. 14

• Sen. Dale Schultz (R-Richland Center), West Salem

Oct. 15

• Rep. Mark Gundrum (R-New Berlin), New Berlin

For details, go to Hamilton Consulting Fundraiser Calendar.

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