Democratic state senate candidate Doug Harpool told an audience of physicians Tuesday night that he would not support a Medicaid fraud bill that would allow patients to sue their doctors and receive damages.
The bill under discussion was SB1210. It's a "whistleblower" bill, with tough fraud provisions aimed at providers that passed the Senate last session, but was blocked by the House.
Harpool, an attorney, said "lawyers don't need to be leading the way," in any type of fraud bill.
Republican State Senator Norma Champion (District #30) has said she backed the Medicaid fraud bill last session because it was tied to restoring a MAWD program that allowed disabled people to work.
"I can certainly understand the concern with the fraud bill," Champion told the audience. "I was not aware of the problems with the Medicaid fraud bill. I am now. I think it needs to be rewritten," she said, adding later, "I think doctors need more freedom in treating patients."
Champion said she "knew the House was going to kill the legislation." "I wouldn't want you to think I'm not sensitive to your concerns as physicians," Champion said.
Harpool said he is an attorney who represents doctors facing malpractice lawsuits. He said he has a record of fighting against frivolous actions that hurt healthcare.
"I've been there defending you. In 1988, I sponsored tort reform," he said.
Harpool then pivoted to the larger Medicaid problem, noting "800,000 uninsured" Missourians across the state. He said the Medicaid cuts have helped continue a "vicious cycle," where the uninsured delay their care, then head to an emergency room and in turn, drive up health care premiums for everyone. He said by taking 100,000 Missourians off Medicaid, you create 100,000 new uninsured Missourians that will still seek a more expensive route of care.
"Then, you have [businesses] say it's tough to keep the high insurance, and then more drop it," Harpool said. "For seven years the number of uninsured has gone up, and this legislature has not addressed the issue."
Harpool cited proposals in other states that Missouri should be studying to address the uninsured issue. "It's not an easy thing to solve," he conceded.
Champion listed her priorities next session as restoring some cuts to MAWD immediately and working on a revised Medicaid fraud bill. She described the Medicaid cuts as "an emergency situation."
"We had to put a halt to the growth," said Champion. She touted new provisions that she said will help root out some of the waste in the system.
"We now are going to check eligibility, that wasn't being done," Champion noted. "Also, we're checking if the family has access to other healthcare, they can use that first." She said in rewriting the Medicaid program next year she hopes to "take care of the people who need help."
"I work with your lobbyist and he's very good about telling me your concerns," Champion told the medical group.
At the end of the night when the floor was opened up for questions, Greene County Medical Society President John Mihalevich took the opportunity to ask Sen. Champion about her vote on the Medicaid fraud bill. "You spent a year on that issue . . . and yet you were taken by surprise," Mihalevich asked, apparently surprised himself by her vote. "I'd like to hear where you stand on that issue . . ."
"I was not aware of the seriousness of that issue," Champion replied, referring to the fraud provision the physicians are so worried about. "We dealt with it fairly last minute. We had lots of bills to deal with. But after talking to your lobbyist, I understood the concern. My committee did not pass that out," she said.
Champion reiterated that she did not support a bill that would allow a person to sue a healthcare provider suspected of Medicaid fraud.
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