Opinion: Thank you, Rep. Hall and Sen. Sandall, for protecting Utah's health care workers
That's why I was heartened to see Representative Katy Hall and Senator Scott Sandall champion HB503 — a bold, fair-minded reform aimed at one of the most unjust quirks of our courts: the use of 'phantom damages.'
Phantom damages are inflated medical costs presented to juries in court — even though no one ever paid them, nor was expected to. Here's how it works: A plaintiff introduces a hospital bill showing the full 'sticker price' for medical care — often wildly inflated and far above what insurers or patients actually pay. But the defense? We're barred from explaining that the real cost — the amount actually accepted by the provider — was just a fraction of that sticker price. So the jury, kept in the dark, may base their verdict on a fiction.
The result? A system that rewards inflated claims, punishes transparency and drives up the cost of care for everyone — not just the defendant in a particular case.
HB503 helps restore fairness and common sense. It ensures that damages reflect real costs — not contrived figures that serve no one but those looking to inflate verdicts. When our courts traffic in phantom numbers, they don't just hurt doctors and hospitals. They harm patients. They strain insurance systems. They chip away at access to care in communities that need it most.
That's why the Utah Medical Association, Copic and physicians across the state rallied behind this legislation. They know what's at stake.
On behalf of the dedicated professionals I work with every day — and the Utah families who depend on them — I thank Rep. Hall and Sen. Sandall for their courage. They stood up and delivered a win for healthcare access, legal integrity and economic sanity.
If we're serious about controlling healthcare costs and protecting access to care, we need more legislation like HB503.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
29-05-2025
- Yahoo
Utah lawmakers said gender-affirming care is harmful to kids. Their own study contradicts that claim
SALT LAKE CITY (AP) — When Utah Republicans passed a ban on gender-affirming health care for children and teens in 2023, they argued it was needed to protect vulnerable kids from treatments that could cause long-term harm. Years later, the results of a study commissioned under the same law contradict that claim, and the Republican-led Legislature is facing pressure to reconsider the restrictions. Utah's Department of Health and Human Services and experts from the state's leading health organizations concluded from a study of thousands of transgender people that gender-affirming care generated 'positive mental health and psychosocial functioning outcomes." Policies that prevent access to hormone therapy for minors cannot be justified based on scientific findings or concerns about potential regret in the future, the report states. The agency is not taking a position on whether lawmakers should lift the statewide ban on hormone therapy and surgeries for minors. But it reminded lawmakers that they had intended for the prohibition to be temporary until the state could conduct its own research. Utah is among 27 states that have adopted laws restricting or banning gender-affirming medical care for transgender minors, who Republican politicians have made a political lightning rod. Federal judges have struck down bans in Arkansas, Florida and Montana as unconstitutional, though a federal appeals court has stayed the Florida ruling. The law in Kansas is not yet being enforced. Some Utah Republicans said they were open to considering the findings of the study, while others were quick to dismiss it. In a joint statement, the House sponsor of the 2023 law banning gender-affirming care and the chair of the Legislature's interim health committee said they 'intend to keep the moratorium in place.' 'Young kids and teenagers should not be making life-altering medical decisions based on weak evidence,' said Republican Reps. Katy Hall and Bridger Bolinder. 'Simply put, the science isn't there, the risks are real, and the public is with us." All major medical organizations in the U.S. consider gender-affirming care to be safe, effective and medically necessary for transgender youth. But polling shows that Republicans' restrictions on transgender kids' access to care resonate with voters, according to a recent survey by The Associated Press-NORC Center for Public Affairs Research. Senate President Stuart Adams said he is committed to reviewing the report. The Republican leader has suggested previously that children and teens are too young to consent to the treatments. Children questioning their gender identity generally receive counseling and may be prescribed puberty-blocking drugs or hormones. Gender-affirming surgeries, such as operations to transform the chest or genitals, are rarely performed on minors. 'The future and safety of kids are paramount," Adams said. "That is why Utah enacted a law to safeguard the long-term health and well-being of minors while providing time to carefully examine the evolving medical landscape surrounding novel and irreversible procedures for minors. I appreciate the Utah Department of Health and Human Services for evaluating the available evidence." Utah Democratic leaders Rep. Angela Romero and Sen. Luz Escamilla are urging their Republican colleagues to take more time to review the more than 1,000-page report before deciding the future of the ban. Under the law, children who had already been diagnosed with gender dysphoria before January 2023 were allowed to continue receiving hormones. The University of Utah shut down its health clinic for LGBTQ+ youth earlier this month after the law significantly decreased its number of patients. Doctors who provide gender-affirming care to minors in violation of the ban could lose their licenses and face criminal charges. The report prepared for lawmakers acknowledged certain risks associated with gender-affirming care, including an increase in some types of benign brain tumors. But experts highlighted the positive impact of such treatments in mitigating the risk of suicide among transgender youth. 'Patients that were seen at the gender clinic before the age of 18 had a lower risk of suicide compared to those referred as an adult,' the report states. 'When left untreated, individuals with gender dysphoria may experience psychological and social harms.' The report in Utah contrasts with one issued earlier this month by President Donald Trump's administration that questioned widely accepted treatment standards from the World Professional Association for Transgender Health. U.S. Health Secretary Robert F. Kennedy Jr. did not release information about who authored the report, and major medical groups said they were not consulted. Trump's guidance urges greater reliance on behavioral therapy rather than medical interventions for children who experience a disconnect between their gender identity and their sex assigned at birth. It follows an executive order Trump issued days into his second term that says the federal government must not support gender transitions for anyone under age 19.
Yahoo
22-04-2025
- Yahoo
Opinion: Thank you, Rep. Hall and Sen. Sandall, for protecting Utah's health care workers
Healthcare costs are too high and getting worse — that much we all know. What fewer people see is why. As an attorney who defends healthcare providers, I've witnessed firsthand how our legal system, when distorted, can drive good doctors out of practice, complicate the resolution of legitimate claims and quietly make healthcare more expensive for everyone. That's why I was heartened to see Representative Katy Hall and Senator Scott Sandall champion HB503 — a bold, fair-minded reform aimed at one of the most unjust quirks of our courts: the use of 'phantom damages.' Phantom damages are inflated medical costs presented to juries in court — even though no one ever paid them, nor was expected to. Here's how it works: A plaintiff introduces a hospital bill showing the full 'sticker price' for medical care — often wildly inflated and far above what insurers or patients actually pay. But the defense? We're barred from explaining that the real cost — the amount actually accepted by the provider — was just a fraction of that sticker price. So the jury, kept in the dark, may base their verdict on a fiction. The result? A system that rewards inflated claims, punishes transparency and drives up the cost of care for everyone — not just the defendant in a particular case. HB503 helps restore fairness and common sense. It ensures that damages reflect real costs — not contrived figures that serve no one but those looking to inflate verdicts. When our courts traffic in phantom numbers, they don't just hurt doctors and hospitals. They harm patients. They strain insurance systems. They chip away at access to care in communities that need it most. That's why the Utah Medical Association, Copic and physicians across the state rallied behind this legislation. They know what's at stake. On behalf of the dedicated professionals I work with every day — and the Utah families who depend on them — I thank Rep. Hall and Sen. Sandall for their courage. They stood up and delivered a win for healthcare access, legal integrity and economic sanity. If we're serious about controlling healthcare costs and protecting access to care, we need more legislation like HB503.
Yahoo
07-03-2025
- Yahoo
Medical malpractice bill clears Utah Legislature with changes, but opponent says it still limits protections for victims
The Utah Legislature passed a bill that would help set protections for physicians in medical malpractice lawsuits while still seeking to cover the needs of victims. After multiple changes were made to HB503, it passed through the final vote in the House on Thursday by a vote of 47-27. The bill, sponsored by Rep. Katy Hall, R-South Ogden, will now go to the governor's desk for his signature. The original bill capped damages that could be awarded in medical malpractice cases that didn't result in death. This provision proved controversial and was eventually taken out. 'I think what we've come up with is really good, because we've protected those who are legitimately harmed by malpractice. We want them to be taken care of,' Hall said. Despite the changes, there are still people who believe this bill will limit the amount of money victims can receive. Hall started working on this bill after she was approached by a constituent who works in a clinic in Davis County who had concerns about frivolous malpractice lawsuits. 'He's worried about losing physicians because of the cost of medical malpractice, and not only the costs in money, but also the costs in just what it costs to the people who are being sued,' Hall said. Hall said they worked through this bill to make sure that they were protecting the victims as well as the doctors in medical malpractice cases. 'So if they have a catastrophic, heaven forbid, a catastrophic event that is life altering, they can still sue the malpractice insurance for hospitals or physicians wherever, whoever was involved to get what they need, so that still is protected,' Hall said. Hall, whose husband is a physician, shared that because of the high cost of liability insurance, the state is losing doctors, especially in small town areas where the number of physicians is more limited. Because of this she wanted to set protections for these doctors so that they could stay in their jobs. 'I'm a nurse, and I understand both sides, I mean, we need our physicians to stay in practice, right?' Hall said. 'Because even if someone gets hurt, someone still has to help them along the way too, other physicians. And I believe that most of our physicians are really, really good at their jobs.' HB503 would require plaintiffs to pay the defendant's attorney fees if the court finds that their claim doesn't have merit, in an effort to decrease frivolous lawsuits. Hall shared that sometimes when a lawsuit is brought up, defense lawyers will say that they're going to go after the doctor's home and other assets so doctors get scared and decide to settle. The bill would prevent this from happening by no longer allowing lawyers to go after the physician's assets. It would create a framework for determining economic damages based on payments made for medical expenses. The bill would require the Division of Professional Licensing to put together yearly reports to summarize malpractice claims and outcomes around Utah. Under HB503, physicians would be required to hold an insurance policy of at least $1 million. The bill originally had a $1 million cap for malpractice cases that did not result in death, but that portion of the bill was removed after victims testified about the high cost of medical care that can be incurred by those who live after a botched medical procedure. Eric Nielson, a medical malpractice lawyer who has been practicing in Utah for 40 years, is opposed to the bill and the idea of capping how much money people can receive in damages after being injured during a medical procedure. 'Because it's blatantly unconstitutional and it's anti-American,' he said. Though the bill sponsor removed the specific language about a cap, Nielson said the bill would still limit how much plaintiffs can receive in their cases. 'They just don't want to call it a cap. It has the net effect of creating a cap. And just think about how unfair this is,' Nielson said. Nielson sees a cap resulting from those suing not being able to go after a doctor's assets and because of the required $1 million insurance policies. Nielson said he believes the bill is meant to benefit insurance companies. But Hall denied those claims, saying, 'I run bills for constituents. I don't run bills for lobbyists or for big groups like that.'
