Wisconsin Supreme Court Will Hear Medical Society’s Case Against State For Using Liability Fund to Balance Budget

The Wisconsin Supreme Court has agreed to hear a case brought forward by the Wisconsin Medical Society contesting 2007 legislation that allowed the state to transfer money from its medical liability compensation fund to balance the state budget, according to a report by American Medical News.

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The case, Wisconsin Medical Society v. Morgan, contends that the 2007 transfer of $200 million from the state’s Injured Patients and Families Compensation Fund amounts to an illegal tax on physicians, since only physicians and healthcare professionals contribute to the fund.

Wisconsin physicians and other healthcare professionals are required to contribute annually to the pool that is used to compensate injured patients. Such state-controlled pools are intended to keep down the costs of medical malpractice insurance.

State officials say the transfer was necessary to fund healthcare programs.

Oral arguments in the case have not been scheduled.

Read the American Medical News’ report on the Wisconsin Medical Society lawsuit.

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