GAO Refutes Link Between
Rising Malpractice Premiums and Widespread Access Problems
September 12, 2003 - Contradicting reports by numerous
advocates for professional liability reform, the General Accounting
Office (GAO) Aug. 29 released a study that denies links between
rising malpractice insurance premiums and widespread healthcare
access problems. The report,
"Implications of Rising Premiums on Access to Health
Care" (GAO-03-836), was requested by House Energy and
Commerce Committee Chairman Billy Tauzin (R-La.), House Judiciary
Committee Chairman James Sensenbrenner (R-Wis.), and House
Judiciary Subcommittee on the Constitution Chairman Steve
Chabot (R-Ohio), who have consistently called and voted for
passage of AAMC-supported tort reform legislation (H.R.
5).
According to the GAO, "reports of physicians relocating
to other states, retiring, or closing practices" due
to rising premiums "were not accurate or involved relatively
few physicians." Additionally, a GAO review of Medicare
claims data did not identify reductions in the utilization
of "high risk of litigation" services, contradicting
assertions by various physician specialty organizations.
The GAO also attempted to confirm a supposed growth in costly
"defensive medicine," but could not find reliable
measures of prevalence and cost. Similarly, the GAO failed
to find consistent and reliable evidence that the growth in
premiums and claims payments is slower in states that have
caps on non-economic damages.
An earlier GAO study had verified several of the physician
community's arguments in support of professional liability
reform [see Washington Highlights,
Aug. 1].
Christiane Mitchell, Senior Legislative Affairs Manager
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526
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