MacIver News Service | July 20, 2010 [Madison, Wisc...] In a 5-2 opinion released today, the State Supreme Court has affirmed the property rights of doctors and other health care providers. The Court, in a majority opinion by Justice David Prosser, ruled against the state’s transfer of $200 million from the Injured Patients and Families Compensation Fund.
“Because health care providers have protected property interests in the Fund, we conclude that § 9225 of 2007 Wis. Act 20 is unconstitutional because it authorizes an unconstitutional taking of private property without just compensation.”
The ruling, which Capitol observers say is a stunning rebuke of the Doyle Administration’s budgeting practices, reversed a lower court ruling and will force the state to reimburse the $200 million to the Fund. The State of Wisconsin currently has only $45 million in projected reserves on their books.
“Governor Doyle and his legislative followers broke a promise to families and the medical community when they raided the fund,” said State Representative John Nygren (R-Marinette). “This raid has already driven up health care costs and is now going to contribute to an already huge state budget deficit.”
State law requires doctors and hospitals to contribute to the fund to pay for medical malpractice claims that exceed the $1 million paid by private malpractice insurance. Until the raid, the fund has helped keep malpractice insurance costs lower than most other states.
In October 2007, the state legislature approved a proposal from Governor Jim Doyle to balance the state budget by transferring $200 million from the Fund to pay for ongoing state operations.
The Wisconsin Medical Society filed suit. After losing their case in Dane County Circuit Court, the case was appealed. The Wisconsin Supreme Court heard oral arguments on April of this year.
“We are extremely gratified with today’s Supreme Court ruling because it is a great victory for patients, their families and health care professionals across Wisconsin,” said Wisconsin Medical Society President Thomas Luetzow, MD. “This ruling sends an important message that the Fund is not a piggy bank. The raid was wrong, and justice has been served.”
Great. I was trying to find very well like this.
excellent article a straight forward no nonsence read
[...] So is program revenue “taxpayer money”? Does “whatever revenue the State generates belongs to the people of Wisconsin”? On the one hand that is a respectable sentiment, but on the other hand, that is what Jim Doyle was thinking when he raided the Injured Patients Victim Compensation Fund? [...]
[...] So is program revenue “taxpayer money”? Does “whatever revenue the State generates belongs to the people of Wisconsin”? On the one hand that is a respectable sentiment, but on the other hand, that is what Jim Doyle was thinking when he raided the Injured Patients Victim Compensation Fund? [...]
We need to get rid of every “career” Politician. Look where they’ve gotten us so far. Politics was never intended to be a career. Greed and more greed. They need to be held to the same laws and standards as the rest of us. America wasn’t founded to raise up another class system society. When will we decide enough is enough?
It is a big time caught Doyle’s curruption. This is why many of the companies have to relocate to other states or out of the country.
If this case had happened to a regular citizen, he or she has to be in jail for the rest of his or her life.
Wake up Americans, why do we have to vote such man to currupt our own lives.
Doyle supposed to serve the citizen but not to cheat from the citizen.
Doyle also raided the Transportation fund. I expect these funds to be used for roads and bridges, not Doyle’s pet projects. When will these funds be returned and when will doyle be prosecuted for these crimes.
[...] budget a $200 million blow by declaring the raid on the medical malpractice fund unconstitutional. Reaction from the MacIver Institute: The ruling, which Capitol observers say is a stunning rebuke of the Doyle Administration’s [...]