House Passes Second Bill
on Medical Liability Reform
May 14, 2004 - The House May 12 voted 229 - 197 to
approve medical liability legislation analogous to the AAMC-supported
H.R. 5, which was passed by the House in March 2003. Like
H.R. 5, the key provisions in the new bill (H.R. 4280) cap
non-economic and punitive awards, establish a statute of limitations,
permit the payment of certain awards over time, and reform
joint and several liability to assure that awards reflect
each physicians' "fair share" of responsibility.
Both H.R. 5 and H.R.
4280 also limit contingency fees paid to attorneys.
The AAMC sent a May 10 letter of support for H.R. 4280, signed
a May 11 group letter of support from the Health Coalition
on Liability and Access (HCLA), and contacted all House members
to urge a "Yea" vote on the legislation.
Voting patterns on H.R. 4280 were consistent with those for
H.R.5; however, Rep. Barney Frank (D-Mass.) voted in favor
of H.R. 4280, despite his "No" vote on H.R. 5; and
Reps. Spencer Bauchus (R-Ala.), Wayne Gilchrest (R-Md.), and
Bud Shuster (R-Pa.) voted for H.R. 4280 after not voting on
H.R. 5. Members who supported H.R. 5, but did not vote on
H.R. 4280, include Rep. David Scott (D-Ga.), Jim DeMint (R-S.C.),
and Billy Tauzin (R-La.).
House Republicans intend to combine H.R. 4280 with two other
bills (H.R.
4279 and H.R.
4281) that focus on reducing employer healthcare costs.
The House May 12 passed H.R. 4279, which allows the transfer
of certain funds from Flexible Spending Accounts into Health
Spending Accounts. At press time, the House has yet to act
on H.R. 4281, which would permit the creation of Association
Health Plans.
Information:
Christiane Mitchell, Senior Legislative Analyst
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526
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