"Addiction Medicine Philanthropy Act"; provides physicians who provide uncompensated care for treatment of substance use disorders with $250,000 cap on noneconomic damages in actions alleging medical malpractice.
The bill is designed to modify existing state laws regarding medical malpractice liability, specifically in the context of treating substance use disorders. By providing a clear cap on noneconomic damages, the legislation serves to not only protect physicians from excessive claims but also aims to encourage a greater number of health professionals to engage in philanthropy by treating patients without compensation. Furthermore, a reduced risk of liability is expected to lower malpractice insurance premiums for qualifying doctors, which could lead to broader access to treatment services for patients in need.
Assembly Bill A2077, known as the 'Addiction Medicine Philanthropy Act,' seeks to incentivize physicians to provide care for substance use disorders by limiting their liability for noneconomic damages in malpractice claims. Specifically, if a physician provides treatment for substance use disorders to at least 10 percent of their patients without compensation in a calendar year, they would not be liable for noneconomic damages greater than $250,000 in related malpractice cases. This cap aims to reduce the financial risk associated with these services, potentially encouraging more healthcare providers to offer support to individuals struggling with addiction.
Despite its intentions, the bill has sparked debate among stakeholders. Advocates argue that by lowering barriers for physicians to provide care, it will significantly improve access to addiction treatment, which is a critical need given the current opioid crisis. However, critics are concerned that the bill may enable problematic practices by removing some accountability from physicians, potentially leading to subpar care within a sensitively managed health issue like substance use disorders. This tension highlights the ongoing challenge of balancing patient safety and encouragement for medical professionals to provide essential care.