Louisiana Patient's Compensation Fund, Amendment 3 (October 2011)
| Amendment 3 | |
 | |
| Quick stats | |
| Type: | Constitutional amendment |
| Constitution: | Article XII, Section 16 |
| Referred by: | Louisiana State Legislature |
| Topic: | Health care |
| Status: | Approved  |
Contents |
.[1]
The measure called for creating a a private custodial fund for the use, benefit, and protection of medical malpractice claimants and private health care provider members.
Election results
| Amendment 3 (October 2011) | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 475660 | 53.31% | ||
| No | 416581 | 46.69% | ||
Source: Louisiana Secretary of State, official results 10/22/11
Text of measure
The ballot question read:[2]
To authorize the legislature to establish a private custodial fund, designated as the Patient's Compensation Fund, for the use, benefit, and protection of medical malpractice claimants and private health care provider members; to provide that assets of the fund shall not be state property.
Constitutional changes
Amendment 3 added Article XII, Section 16.
Support
Supporters of the proposed amendment argued that the funds going into the existing Patient’s Compensation Fund were from private health care providers and as such should remain available for the "use, benefit, and protection of medical malpractice claimants and private health care provider members," according to reports. The proposed amendment would safe guard against statutory changes to make the funds available for public use. Additionally, supporters noted that the amendment would also safe guard the state against any additional payments in reference to the fund (for example: legal obligations).[3][4]
In a statement the Council for A Better Louisiana announced their support for the proposed amendment. "While CABL does not generally support the proliferation of amendments to the constitution, we recognize that some are needed to change policies that are already established in the constitution. We believe all of the changes proposed for the October ballot are reasonable and make sense from a policy perspective," said Barry Erwin, president of the council, in a statement.[5]
Note: As of September 2011 there was no organized support or campaign effort.
Donors
According to the state campaign finance database, there were no registered committees (PACs).
(last updated December 2011)
Opposition
Opponents argued that the amendment was unnecessary. In response to supporters who argued that the amendment would ensure that funds are not used for state purposes, opponents said that the legislature has never made such an effort.[3][4]
Note: As of September 2011 there was no organized opposition or campaign effort.
| Health care on the ballot in 2011 |
 |
Donors
According to the state campaign finance database, there were no registered committees (PACs).
(last updated December 2011)
Media editorial positions
Support
- The Daily Iberian said, "No. 3 would eliminate the chance the Legislature might do something it's never done - dipping into a fund set up to pay medical malpractice claims, funded by those in the medical professions. Since it's not protected, it could be used by some future creative legislation, so this amendment locks the funds down only for the currently projected use."[6]
- Houma Today said, "This is a good idea that simply protects something that is already being done."[7]
Opposition
- The News-Star said, "...this fund is covered in statute, and the Legislature has not attempted to raid it to balance the budget."[8]
- The Times-Picayune said, "The Legislature has never attempted to raid the fund. In addition, many other similar funds have been set up by the state for private interest groups that also might want or seek protection in the Constitution -- which could further clog the document with exceptions. This amendment also would provide for the state to put public money into the Patient's Compensation Fund, in effect setting up a potential bailout. That may not be in the best interests of taxpayers."[9]
Path to the ballot
If 2/3rds of the members of both houses of the Louisiana State Legislature voted in the affirmative, a legislatively-referred constitutional amendment could be placed on the statewide ballot.
On June 1, 2011 the House voted 88-0 in favor of the proposed amendment. The Senate similarily approved the measure following a 38-0 vote on June 19, 2011. The measure was referred to the Louisiana Secretary of State for the statewide ballot on June 23, 2011.[10]
Timeline
The following is a timeline of events surrounding the measure:
| Event | Date | Developments |
|---|---|---|
| House vote | June 1 2011 | House voted 88-0 in favor of referring the measure |
| Senate vote | June 19, 2011 | Senate voted 38-0 in favor of the proposal |
| Certified | June 23, 2011 | Referred and certified for the 2011 ballot |
See also
| By Bailey Ludlam Ballot measure writer |
 |
| Email • Submit a link |
Articles
- Election preview: Louisiana ballot measures focus on state budget funds
- Election results: Louisiana ballot measures
- Election aftermath: 3 Louisiana measures approved, 2 defeated in primaries (updated)
External links
- House Bill 341 text
- League of Women Voters of Louisiana - Voter Guide 2011 Louisiana constitutional amendments
- Public Affairs Research Council of Louisiana - Guide to the 2011 Constitutional Amendments
Additional reading
- St. Tammany News,"Amendments will benefit students, veterans," October 12, 2011
- The Times-Picayune,"Louisiana voters will weigh in 5 changes proposed for state Constitution," October 8, 2011
- DailyComet.com,"La. voters to consider six amendments," September 11, 2011
References
- ↑ The Town Talk,"Louisiana voters approve scholarship and cigarette tax amendments," October 24, 2011
- ↑ Louisiana Secretary of State,"Proposed constitutional amendments October 22, 2011 ballot," retrieved August 16, 2011
- ↑ 3.0 3.1 Public Affairs Research Council of Louisiana,"PAR guide to the 2011 constitutional amendments," September 2011
- ↑ 4.0 4.1 Leesville Daily Leader,"Amendment 3: Protecting the Patient’s Compensation Fund," October 13, 2011
- ↑ Associated Press,"Constitutional changes proposed on Oct. 22 ballot include tuition funding, cigarette tax," October 6, 2011
- ↑ The Daily Iberian,"Yes to 2, 3, 4 & 5; no to 1," October 16, 2011
- ↑ Houma Today,"Support proposed amendments," October 18, 2011
- ↑ The News-Star,"'No' to ballot amendments," October 1, 2011
- ↑ The Times-Picayune,"Constitutional amendment recommendations: Editorial," October 11, 2011
- ↑ Louisiana State Legislature,"HB341 history," retrieved August 16, 2011
| |||||||||||||||||||
