Asbestos: States Look to Medical-Criteria Laws

A growing number of state legislatures have enacted or are considering enacting medical-criteria laws to help control the anticipated climb in the number claims filed by people diagnosed with pulmonary diseases but have yet to show any physical side effects of asbestos or silica exposure.

The legislation requires that specific medical criteria must be met before a patient or spouse/family member claiming exposure may file an active claim. The criteria restrict claimants to those who have been diagnosed with asbestos- or silica-related breathing impairment, lung cancer or mesothelioma by a treating physician.

In 2004, Ohio was the first to enact such a law. According to the National Law Journal Online, by the end of the 2006 legislative season, Kansas, South Carolina, and Tennessee have a good chance of enacting medical-criteria laws. Legislatures introducing or considering similar laws include California, Kentucky, Louisiana, Michigan, Missouri, New York, Pennsylvania, Virginia, and West Virginia.

"NAMIC is pleased that the states are starting to address the asbestos crisis. There are people who have been harmed by asbestos exposure and should be compensated. However, we need to ensure that those who are the sickest be compensated first. Several states have stepped up and have enacted very good pieces of medical-criteria asbestos legislation, and we applaud their efforts," said Marliss Browder, NAMIC's federal affairs director. "NAMIC will continue to work with the U.S. Congress in the hopes of passing a meaningful medical criteria asbestos reform bill."

Posted: Monday, May 22, 2006 12:00:00 AM. Modified: Monday, May 22, 2006 2:48:02 PM.

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