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March 13, 2010
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Nurse-Midwives On Capitol Hill!

Midwives Battle for Professional Liability Reform on Capitol Hill
By Shawn Farley
ACNM Communications Manager
(This article appears in the March/April 2004 issue of Quickening)

Midwives made their presence felt on Capitol Hill recently as ACNM Executive Director Deanne Williams and MacArthur “Genius Award” winner, Ruth Lubic spoke at a press conference for the Healthy Mothers Healthy Babies Access to Care Act (S. 2061), the first professional liability reform legislation since President Bush named the matter a national priority in January’s State of the Union. Williams described her personal experiences and laid out how the current professional liability system is driving qualified nurse-midwives out of practice nationwide and robbing Americans of full and ready access to health care.

“As nurse-midwives, we are the small, well-established, women-owned businesses that, because of skyrocketing professional liability premiums, are now struggling to pay our bills and (we are) the employees who get laid off because our benefits cost too much in the wake of these rising premiums. We, and the women we care for, many of whom are low income and who are already struggling for access to care, are victims of the current professional liability system.” said Williams.

Unfortunately, the Healthy Mothers Healthy Babies Access to Care Act (S. 2061), introduced by Sen. Judd Gregg (R-NH) and Sen. John Ensign (R-NV), fell 12 votes short of the 60 required to end a Democratic led filibuster and bring the bill up for debate, despite fiery statements from Senators Gregg and Ensign.

“We must get this medical liability crisis under control so that our trauma centers are not closing, so that women have access to their OBs, gynecologists, and nurse-midwives, who are also covered under this bill…they are a very important part of our health care delivery system in this country and delivering healthy babies,” said Senator Ensign.

“Newsweek…ran a very good piece on ‘Lawsuit Hell How Fear of Litigation is Paralyzing Our Professionals.’ Right in the middle is a doctor. It could be a midwife. Remember, midwives are as much affected by this as doctors. But essentially it is those people you see when you most need them, and especially if you are a woman and you want to have children,” said Senator Gregg.

While professional liability reform regarding obstetrics is probably shelved for this legislative session, Republican lawmakers now say that they intend to introduce two separate bills this year involving emergency room providers and providers in rural or underserved areas. Both Executive Director Williams and Lubic argued for relief in these areas during their statements to the press.

“…our country’s worst maternal and infant outcomes are right here in the shadow of this very Capitol building….our powerful country displays critical weakness in standing 26th in a roster of the world’s developed nations in infant survival and until we address the outcomes in our inner cities and poor rural areas, that record will stand, and perhaps worsen, as services such as ours…are threatened by the cost of professional liability insurance,” said Lubic.

“When a rural community loses its doctor, often they will also lose their midwife. When a doctor-midwife partnership loses a midwife, the doctor is no longer able to focus her or his expertise on the complicated obstetrical cases that need a doctor’s undivided attention. Women get less care and fewer choices. We all lose!” said Williams.

Professional liability reform legislation is currently pending in several states including Georgia, Connecticut, Montana, Washington, and Wyoming. However, Federal legislation dealing specifically with obstetrics will probably not be re-introduced into the US Senate until 2005.




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