In 2010, VMS maintained an active presence at the statehouse as it worked to represent the interests of its members. Amongst the issues of importance to physicians and their patients that VMS was involved in during the 2010 legislative session were:

Bill allowing for Non-Unanimous Jury Verdicts Fails

Legislation allowing for non-unanimous jury verdicts in civil cases did not pass the legislature.

VMS testified against the legislation due to concern that eliminating the unanimous requirement could lead to an increased number of cases that would otherwise be settled before being bought to trial. VMS also stated that the bill could have a direct impact on the cost of health care, since physicians may order additional diagnostic tests and make additional referrals to other physicians in order to reduce their potential exposure to lawsuits.

The bill, as introduced, eliminated the current standard of unanimous jury verdicts in civil cases and set a new lower 80-percent requirement, thereby allowing verdicts to be decided by 10 of the 12 jury members. However, in recommending the bill for adoption by the full Senate, the Judiciary Committee amended the bill by raising the verdict threshold from ten to eleven out of the twelve jurors, requiring the office of the court administrator to report on the implementation and effects of this act by Jan. 15, 2014; and, repealing the legislation on Jan. 15, 2015.

VMS continued to oppose S.279, since it believes there is not a clear and compelling reason to make the change and due to concerns that the lower verdict threshold has the potential to increase the number of civil cases going to trial.

2011 Budget Passes Without Cuts to Physician Reimbursement

After lengthy debate and extensive negotiations with the administration designed to avoid a veto, the legislature agreed on a budget for FY 2011. To address a revenue shortfall of $154 million, the appropriations bill, H. 789, balanced the General Fund budget through cuts, government restructuring, labor savings, retirement savings and changes in revenue.

This year VMS was pleased that the the Department of Vermont Health Access (DVHA), did not propose direct cuts to physician reimbursement, despite the large budget deficit. The administration instead proposed a number of process and service changes including a program of prior authorization for high-tech imaging such as CT scans, MRIs and PET scans. VMS opposed this initiative and shared physicians' comments with legislators. As it became clear that legislators intended to move forward with this proposal VMS worked to ensure that imaging approval guidelines would be available to physicians, that prior authorization responses would be timely, and that OVHA/DVHA would make training available to physicians no later than 60 days prior to implementation of the program. Language was also included that would require OVHA/DVHA to create a physician advisory committee for this program, to create an exemption for physicians whose prior authorization requests are always granted – so-called "gold-card" program – and to ensure timely access to physician peers as part of the process.

Pediatric Palliative Care Waiver

The final version of the budget requires OVHA/DVHA to apply to the Center for Medicaid and Medicare Services (CMS) for a waiver that would enable Vermont to reimburse hospice services provided to children with life-limiting illnesses simultaneously with curative care. It is extremely difficult for families who would benefit from hospice services to give up on curative care for their children. In Vermont most of the children who would be eligible for this program have leukemia or other forms of cancer.

Coverage of Appropriate Services for Children with Autism Spectrum Disorders

Health insurance plans in Vermont must now cover the diagnosis and treatment of autism spectrum disorders. Coverage must include applied behavior analysis supervised by a nationally board-certified behavior analyst, for children, beginning at 18 months of age and continuing until the child reaches age six or enters the first grade, whichever occurs first.

A health insurance plan shall not limit in any way the number of visits with an autism services provider or will not be able to impose greater coinsurance, co-payment, deductible, or other cost-sharing requirements.

To view a sampling of VMS's advocacy efforts from prior years, click here.