Lawmakers fear lengthy special session

Erin Neff

Friday, July 5, 2002 | 11:04 a.m.

Lawmakers fear a special session on medical malpractice could be lengthy, expensive and disruptive to both summer vacations and re-election campaigns without even resulting in the type of long-range reform doctors want.

And some are beginning to worry -- as doctors and lawyers begin lobbying with more vigor -- that it may be impossible to draft any law specific enough to get doctors to return to the now-shuttered University Medical Center trauma unit.

"It's a mess," said Assembly Speaker Richard Perkins, D-Henderson.

Gov. Kenny Guinn's call for 45 days of earnest negotiations between doctors, lawyers and insurance companies has resulted in little headway, and now there has been a rekindling of the type of rhetoric popular at the beginning of the crisis.

"Closing the trauma center was an extortionist opportunity by the doctors to advance an agenda for tort reform," said Dean Hardy, an attorney who is taking part in the discussions aimed at building consensus.

Larry Matheis, executive director of the Nevada State Medical Association, said he believes doctors need to refocus their efforts by specifically asking lawmakers to approve a plan similar to California's Medical Injury Compensation Reform Act.

"We are going to be discussing specifically what we need the legislators to do," Matheis said.

Typically a special session begins with a procedural vote to suspend the normal legislative rules and convene as committees of the whole in the Assembly and Senate. But some lawmakers don't even think something that simple is possible given the current climate.

"This is so complex that it needs serious debate and discussion," said state Sen. Terry Care, D-Las Vegas, who is also state Democratic Party chairman. "There's no way we can do that type of debate in a committee of the whole.

"And I'm not convinced -- even if that group does reach consensus -- that this state wants to just approve what the special interests want."

Summertime in an election year is usually spent finalizing campaign strategy and stealing away with the family for a few days.

Now that UMC's trauma unit has closed, lawmakers believe the blame game will begin, injecting partisan rhetoric into what is typically a slow time of year.

Many Democrats are already quietly pointing the finger at doctors -- who they said have not been negotiating in good faith, and who they believe did not really have to resign from UMC's trauma unit.

Guinn, in calling a special session, is shifting responsibility to the 63 legislators, saying he has exhausted every solution available to him.

The negotiating group has been asked to report back by July 26. And Guinn now said he would still call the Legislature to Carson City if there is no consensus, offering up his own plan.

Assemblyman Bob Beers, R-Las Vegas, said that while the issue may not be easily solved, he thinks there are steps legislators can take.

"By emulating other states that we know have something that doctors say that they want, we could provide some relief and then come back and debate and do modification on it in February," Beers said.

Lorne Malkiewich, director of the Legislative Counsel Bureau, said it would be much easier to staff that type of special session.

The bureau is planning for a special session to start anytime between July 29 and Aug. 9, and is planning for it to last anywhere from one to 20 days.

"We need to start somewhere, so that's what we're planning on," Malkiewich said. "We need to get the building ready and we need time to get the computers up and the staff called in."

Since Guinn announced Monday that he will call a special session -- sometime after July 26 -- Malkiewich said staff does have more lead time to prepare than is typically the case.

Lawmakers have been meeting individually with doctors and lawyers and getting pieces of information here and there.

"We have a lot of homework to deal with," said Sen. Ann O'Connell, R-Las Vegas. "Right now if we were to have a special session immediately, I would not have the background where I feel comfortable voting on it."

As a result O'Connell has asked doctors to make a presentation Aug. 11 to all Republican incumbents and GOP legislative candidates.

"That will give us a better idea of what they want," O'Connell said.

Matheis said the purpose of that meeting will be to explain California's law and how it can be applied in Nevada.

"We don't yet know the details of the special session, when it's going to be held or what specifically they're going to be charged with," Matheis said. "But certainly we understand the issues, so there will be a lot of effort of filling the gap in knowledge."