Medical Liability Reform
“Trigger” Legislation Introduced with Medical Liability ReformThe “Medicare Funding Warning Response Act of 2008” (H.R. 5480, S. 2662) was introduced recently in the U.S. House of Representative and the U.S. Senate as required by law. Under federal law created by the Medicare Modernization Act (MMA)(Pub. L. 108-173), a formal warning must be issued if two consecutive annual reports show general revenue Medicare funding exceeds 45 percent of Medicare spending. This requirement was “triggered” by 2006 and 2007 funding numbers. Under federal law, the President must propose and Congress must introduce legislation to control Medicare spending. The proposal relies on value-based purchasing, medical liability reform and means-testing for Part D benefits. While both the House and Senate are required by law to consider the legislation, it is not expected to be approved.
Medical Liability Insurance Reform Legislation Introduced
U.S. Representative Phil Gingrey (R-GA) introduced the “Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2007” on Wednesday, June 6. The legislation, supported by the ACOI, reforms the current medical liability system by utilizing measures which have been proven over time to control the cost and increase the availability of medical liability insurance coverage. The bill accomplishes this by establishing consistent statutes of limitation; establishing a reasonable limitation on non-economic damages; applying a collateral source rule; limiting attorney contingency fees; and, among other things, allowing for the periodic payment of future damages. The legislation awaits further action. For additional information on medical liability insurance reform you may contact Tim McNichol at tmcnichol@acoi.org or by calling toll-free 1-800-327-5183.
ACOI Joins National Coalition to Address Medical Liability Insurance Reform
The ACOI joined the Health Coalition on Liability and Access (HCLA) to advance efforts to obtain medical liability insurance reform on the federal level. HCLA is a national coalition comprised of groups representing physicians, hospitals, health care insurers, businesses, health care consumers and others. The coalition is dedicated to advancing efforts to enact tort reform at the federal level. HCLA supports establishing caps on non-economic damages, limiting attorney contingency fees, allowing for the periodic payment of future damages, reforming the collateral source rule, establishing a uniform statute of limitations and reforming punitive damages, among other things. As a member of the coalition, the ACOI will be able to work with others to advance advocacy efforts to obtain meaningful tort reform. Further, the ACOI was able to secure a position on the governing board of the coalition, allowing for greater involvement in the direction of the HCLA. For additional information you may contact Tim McNichol at tmcnichol@acoi.org or by calling toll-free 1-800-327.5183.
U.S. Senate Fails to Approve Comprehensive Medical Liability Reform
The U.S. Senate held procedural votes on the “Medical Care Access Protection Act of 2006” (S. 22) and the “Healthy Mothers and Healthy Babies Access to Care Act” (S. 23) on May 8, 2006. Specifically, the Senate considered cloture motions to end debate and prevent filibusters of this important legislation, thus allowing the legislation to be considered for final approval. While 60 votes are required for a cloture motion to succeed, the votes on S. 22 and S. 23 failed by margins of 48 - 42 and 49 – 44 respectively. There was a significant number of senators who missed the vote on the cloture motions. The U.S. House of Representatives has approved comprehensive medical liability reform legislation on numerous occasions.
S. 22 would establish a “stacked” cap on non-economic damages similar to legislation enacted in Texas allowing for a total of $750,000 in non-economic damage awards. The legislation would also establish a limitation on attorney contingency fees, provide for a uniform statute of limitations and allow for periodic repayment of future economic damages, among other things. S. 23 is nearly identical legislation to S. 22 but is limited in scope to health care providers who deliver obstetrical and gynecological services. For additional information you may contact Tim McNichol at tmcnichol@acoi.org or by calling toll-free 1-800-327-5183.
Medical Liability Reform Legislation Introduced
United States Senator John Ensign (NV) introduced the “Medical Care Access Protection Act of 2007” (MCAP)(S. 243). The legislation is similar to bills introduced in the past. S. 243 would create limitations on liability for non-economic damages; create a standard statute of limitations for medical liability claims; reform Rule 11 of the Federal Rules of Civil Procedure (FRCP); and, among other things, limit attorney contingency fees. In addition, Senator Judd Gregg (NH) introduced the “Healthy Mothers and Healthy Babies Access to Care Act” (S. 244). S. 244 contains provisions similar to S. 243, but the scope of the bill is limited to obstetrical and gynecological services. Both S. 243 and S. 244 have been referred to the Senate Committee on Health, Education, Labor, and Pensions where no further action has been taken.