At its meeting yesterday, the Injured Patients and Families Compensation Fund (Fund) Board deferred setting Fund assessments for 2018-2019 until its March meeting. Given the current challenge to the cap on noneconomic damages in medical liability cases, which resulted from the Wisconsin Court of Appeals decision in Mayo v. Injured Patients and Families Compensation Fund, the board felt it needed more actuarial data on which to base its decision. In each of the past five years the Fund board has voted to decrease fees based on the recommendations of its actuarial committee.
Created by statute in 1975, the Fund is a trust set up to pay medical liability claims that exceed physicians’ primary layer of medical liability insurance. In 2011, the state returned $200 million, plus lost earnings and interest to the Fund, following the Wisconsin Medical Society’s successful lawsuit challenging the state’s raid on the Fund in 2007.
Another piece of business for the Board is the determination of rates for physicians, surgeons and hospitals insured through the Wisconsin Health Care Liability Insurance Plan (WHCLIP). The board voted to leave the premiums unchanged for 2018-2019.
WHCLIP was created by statute in 1975 as an insurer of last resort to provide the primary level of medical liability insurance to Wisconsin health care providers. WHCLIP is managed by an outside manager with oversight by the Office of the Commissioner of Insurance.
More information about the Mayo case is available in this November 16 Medigram article.
Back to December 21, 2017 Medigram