Springfield . . . The Illinois Supreme Court ruled this past week that capping jury awards for non-economic damages is unconstitutional.  State Senator Kyle McCarter said the ruling jeopardizes access to quality health care in Illinois.

“Obviously, I am disappointed the Court found the law unconstitutional,” said McCarter (R-Lebanon).  “As a board member of the O’Fallon Chamber of Commerce and the St. Clair County Board, I joined the battle to end the exodus of doctors back in 2004 but it looks like we must be ready to renew that fight.”

A bi-partisan coalition of lawmakers approved the Illinois Medical Malpractice Act in 2005.  When the reform legislation was signed into law it was considered a major victory for doctors and the people of Illinois, many of whom were finding it increasingly difficult to access medical treatment, especially obstetrics and cutting-edge procedures and medical treatments.

The only cap on damages -- $500,000 on doctors and $1-million on hospitals -- included in the law was for injuries that did not result in a financial loss, such as loss of companionship, pain and suffering.

The Medical Malpractice Reform Act did not place any limit on damages that result in financial costs to the injured party.  For example, if you are injured by medical malpractice and no longer able to work, there is no limit on what you can collect.  If you are disabled and have to have your home completely retrofitted to accommodate your disability, there is no limit on those costs.  If you need special care as a result of your injuries, there is no limit on the cost of that care.

Elsewhere around the 51st Senate District, Senator McCarter met this week with school officials, employers and social service agencies and one of the major concerns was the status of Illinois government’s fiscal health.

“The schools are very concerned about education funding in the state budget,” said McCarter.  “They expect there will be little the state can do because of the massive budget debt so our local schools are making tough decisions now with regard to staffing and student programs.  They are making hard choices to reduce costs, which is a lesson state government could learn.”

McCarter said one request made by superintendents at a regional meeting on Tuesday was that lawmakers help them cope by reducing and eliminating unfunded mandates.

“There is legislation being introduced that could help in this area,” said McCarter.  “It’s legislation I support.  Reducing mandates without harming educational goals could give districts the flexibility they need to make their budgets work.”

The 51st District Senator also held meetings with construction industry employers, some of which have operations in Illinois and Indiana.

“I’ve talked before about the disadvantage Illinois employers have in creating jobs over their counterparts in other states and that point was made again in my meetings this week,” said McCarter.  “According to the information I was given, the Illinois construction industry pays about three and a half times more in Workers’ Compensation coverage costs than their counterparts in Indiana.  Higher costs of operating in Illinois mean fewer jobs in Illinois.”

McCarter said he’s working on a proposal for the spring session that will maintain quality coverage for Illinois workers but at the same time lower the costs for employers so they can expand their workforce.  The legislation seeks to eliminate the chance for fraud and abuse in the system, which would enable costs to come down but still provide coverage to workers who are seriously injured on the job.

The Senator also visited Kopetz Manufacturing in Decatur, a company which does custom plate fabrication.

“This is a top notch company, they’ve been in business for many years and ship their products all over the world,” said McCarter.  “Like many other conversations around the district, the topic always turns to jobs, the economy and the state’s budget crisis.  They’re also concerned about the burden of taxes, not only on employers but their families too.  Because of a slower economy, they’ve had to make cuts, learn to do more with less, and they’re putting those practices in place at home too.  They’re making sacrifices and told me they wish lawmakers in Springfield would make the same tough choices they’ve had to make to help get government out of its financial mess.”

Senator McCarter also met this past week with the Children’s Home and Aid Society, a private-sector social service agency that has about 300 employees statewide.

 
“I talk a lot about the cost of doing business in Illinois and that’s because it is such an important factor in the job creation equation but these costs not only impact small and large businesses they also affect community social services agencies, charitable groups and local governments,” said McCarter.  “They face the same costs associated with keeping employees.  The nonprofits and the charity groups can do little about the costs and often times must reduce their spending by cutting back on the services they provide, while local governments may be forced to increase property taxes.  With just a 5 percent reduction in employee costs, the Society said they could pay for one of the many programs it offers.”

McCarter said local social service agencies provide a real benefit to taxpayers because they can provide quality services at a fraction of the cost of a purely state-run program.

“For example, the group homes that are operated by these agencies in southern Illinois can be far less costly than state institutions.  According to some estimates, these homes called Community Integrated Living Arrangements can be operated at a cost of about $28,000 per person annually,” said McCarter.  “Costs at a state institution are roughly $100,000 per person annually.

McCarter said faced with an ongoing recession, high unemployment and a multiple billion-dollar budget deficit, the Legislature clearly has its work cut out for it this spring.