Debate Halted on Malpractice
Reforms
July 11, 2003 - The Republican-supported medical liability
reform bill, the "Patients First Act" (S.
11), was pulled from consideration on the Senate floor
after a July 9 vote to invoke cloture and avert a likely Democratic
filibuster failed. The Patients First Act had been introduced
by Sen. John Ensign (R-Nev.) shortly after the July 4 recess.
The Ensign bill contained the same reforms outlined in the
AAMC-supported, House-passed "HEALTH Act" (H.R.
5). It also included new eligibility standards for "expert
witnesses" who testified in malpractice cases.
The vote (49 - 48 in favor of limiting debate) fell short
of the 60 votes needed to prevent a filibuster. As anticipated,
the votes were primarily divided along party lines. Two Republicans,
Sens. Richard Shelby (Ark.) and Lindsey Graham (S.C.) sided
with the Democrats. Sens. John Kerry (D-Mass.), Bob Graham
(D-Fla.), and Zell Miller (D-Ga.) did not vote.
Sen. Graham's "nay" vote reflected his recent cosponsorship
with Sen. Richard Durbin (D-Ill.) of alternative malpractice
legislation, the "Better HEALTH Act" (S.
1374). The Durbin/Graham bill seeks to reduce malpractice
insurance premiums by reducing the incidence of malpractice
events via patient safety initiatives. According to Sen. Durbin,
malpractice occurs in "epidemic proportions" and
is a root cause of rising insurance premiums.
Similarly, the bill identifies "health care professional"
shortages (e.g., nurses) as a cause of rising malpractice
incidents. According to Sen. Durbin's remarks preceding the
cloture vote, the nursing shortage "accounts for 20 percent
of the deaths in hospitals each year for malpractice."
To address these shortages, S. 1374 authorizes $10 million
in grants in FY 2004 to help pay the malpractice premiums
of providers (including hospitals) in areas where high premiums
have limited patient access to care. It also authorizes $10
million to a program that would assign providers in the National
Health Service Corps to trauma centers facing closure because
of rising malpractice premiums.
Additionally, S. 1374 would provide Medicare and Medicaid
providers with immunity from punitive awards, offer tax credits
for physicians and hospitals to help pay malpractice premiums,
penalize attorneys who initiate frivolous lawsuits. The legislation
would repeal antitrust exemptions for medical liability insurance
companies and exclude any protections for drug companies and
device manufacturers (both industries were protected from
claims in the House-passed HEALTH Act).
Following the cloture vote, Sens. Ensign and several Republican
supporters of S. 11 (Senate Majority Whip Mitch McConnell
(Ky.), Sen. Rick Santorum (Pa.), and Sen. Craig Thomas (Wyo.))
reiterated their concern about the need for liability reform
at an afternoon rally on Capitol Hill. Among the rally participants
were the presidents of the American Hospital Association,
American Medical Association, and American College of Obstetrics
and Gynecology. The AAMC also coordinated the participation
of several medical students at the rally. The students represented
the medical schools at Georgetown, Columbia, University of
Chicago, UCLA, University of Cincinnati, Harvard, Loyola,
University of North Carolina-Chapel Hill, and Johns Hopkins
University.
Information:
Christiane Mitchell, Senior Legislative Affairs Manager
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526
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