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Committee hears amendment to extend medical-malpractice cap to physician assistants
Summary
The House Business and Labor Committee heard testimony on an amendment to House Bill 458 that would add physician assistants to the statute limiting non-economic damages in medical-malpractice cases. Proponents said the change reflects Montana’s 2023 expansion of PA practice; opponents said there was no evidence PAs need such protection.
Representative Etchert opened the hearing on House Bill 458 and said the amendment would add physician assistants to the state statute limiting non-economic damages in medical-malpractice cases.
The amendment would replace most of the current bill text with the existing medical-malpractice non-economic damages limitation statute and explicitly include “physician assistant” in the definition of health care provider.
Jean Branscum, CEO of the Montana Medical Association, testified in support. “This amended bill gets it down to really just changing the definition of health care provider,” she said, noting that physician assistants were granted independent practice in 2023 and now have exposure different from the prior supervisory model. Branscum said adding PAs to the statute will “help control malpractice rates, premiums, and ensure access to rural healthcare.”
Jennifer Hensley, speaking for the Montana Academy of Physician Assistants, thanked the sponsor and the committee for the amendment and said the 2023 legislative changes gave many PAs the ability to practice independently. “So it is extremely important that they're covered under this bill,” Hensley said.
An attorney identified as speaking for the Montana Trial Lawyers Association opposed the original bill and said the proponents had not demonstrated a need for a cap that would limit remedies for people injured by a physician assistant. The opponent argued there was no testimony showing higher insurance costs for PAs that would justify limiting recoveries and warned of constitutional issues if damages caps were applied without sufficient justification.
The sponsor and supporters said the change should have been made during the 2023 session but is being corrected now to reflect Montana law and practice. No committee vote was recorded during the hearing and the committee closed the hearing after questions and brief remarks from the sponsor.
The committee did not take formal action on the bill in this hearing; staff indicated an amendment was being circulated to implement the change described to the health-care-provider definition.
