Perkins, Raggio optimistic about session

Wednesday, July 24, 2002 | 9:37 a.m.

Assembly Speaker Richard Perkins and state Senate Majority Leader Bill Raggio both expressed optimism that the Legislature will pass comprehensive medical malpractice reforms within a five-day period next week.

Both leaders also said they expect the legislation at the special session, which begins Monday in Carson City, to include caps on damages for pain and suffering. But they remain undecided on whether the cap would be the $250,000 doctors seek or a higher figure.

"Will there be a cap?" Perkins, a Henderson Democrat, said. "Yes, but I couldn't fathom a guess on the amount of the cap."

Raggio, a Reno Republican, said he agreed that the cap remains the "single biggest issue."

"Whether it's a fixed cap or whatever amount I will not offer conjecture at this point," he said.

The two legislative leaders had dinner Monday night with Gov. Kenny Guinn to go over the mechanics of the special session. Though no deals were struck, Perkins said it is possible he and Guinn will agree by this weekend on a bill they would jointly pitch to the Legislature.

"We're not far apart in our thinking," Perkins said. "We can probably find a middle ground. The belief is we would have to come up with a bill we're both in agreement with so we'll need additional discussion this week."

Perkins said he, Guinn and Raggio reviewed a comparison of Nevada law with the Medical Injury Compensation Reform Act adopted by California in 1975 and favored by Nevada's physicians. In addition to the $250,000 cap on noneconomic damages, MICRA has a sliding scale for plaintiff's attorney contingency fees, a shorter time frame to file lawsuits and jury consideration of insurance payments already received by the plaintiff.

Raggio said he hoped to get Guinn's proposals as early as Thursday, with the governor expected to issue his proclamation on Friday for the special session.

"I expect him to specify the components of the issue so we don't go off on extraneous issues," Raggio said.

Raggio said he will convene the Senate as a committee of the whole in which all 21 senators will consider the same issues simultaneously. The GOP holds a 12-9 edge in the upper chamber.

Perkins said he will not do the same because the 42-member Assembly would be too unwieldy acting as a single committee. Instead, he said he would form a select committee to consider the issues. The remaining assembly members could ask questions from the audience, he said. Democrats hold the Assembly majority by a 27-15 margin.

All 63 legislators would vote on the proposed legislation, which would then be forwarded to Guinn, a Republican.

Even if Perkins and Guinn do not agree on a single bill, Perkins said it is likely the legislation proposed by Assembly Democrats would be in "substantial agreement" with a bill pitched by the governor.

In addition to tort reform, the legislation is expected to contain elements related to insurance reforms and reporting of medical errors.

The special session was called in response to skyrocketing medical malpractice insurance costs. The controversy is not nearly as intense in Northern Nevada as it has been in Clark County but Raggio said physicians in the Reno area are beginning to express concern about their premiums as well.

"You have more of a problem because of the OB/GYN situation down there," Raggio said. "You have a trauma center (at University Medical Center) that has caused a lot of concern. We have a trauma center here but it hasn't had the same impact. But I think a lot of the people here are waiting to see what happens at this juncture.

"It's a statewide issue but it's more critical there (in Clark County) because you have more people and you have more cases."