Friday, March 16, 2012

House Republicans Link Bipartisan “IPAB Repeal” Bill with Partisan “Tort Reform” Bill

You can never be too rich or too thin, and apparently you can never get enough “tort reform,” either.
And if you keep repeating over and over that damages caps lower malpractice premiums, maybe it will someday be true despite all empirical evidence to the contrary.

A bill to repeal a portion of “Obamacare” dealing with the Independent Payment Advisory Board (H.R. 452) had bipartisan support until House Republicans linked it with the Orwellian “Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011” (H.R. 5). The resulting bill, (http://docs.house.gov/billsthisweek/20120319/CPRT-112-HPRT-RU00-HR5Floor.xml) now called the “Protecting Access to Healthcare Act,” provides in its findings:

(1) EFFECT ON HEALTH CARE ACCESS AND COSTS.—Congress finds
that our current civil justice system is adversely affecting patient access to
health care services, better patient care, and cost-efficient health care, in
that the health care liability system is a costly and ineffective mechanism for
resolving claims of health care liability and compensating injured patients,
and is a deterrent to the sharing of information among health care
professionals which impedes efforts to improve patient safety and quality of
care.

(2) EFFECT ON INTERSTATE COMMERCE.—Congress finds that the
health care and insurance industries are industries affecting interstate
commerce and the health care liability litigation systems existing throughout
the United States are activities that affect interstate commerce by
contributing to the high costs of health care and premiums for health care
liability insurance purchased by health care system providers.

Same old rhetoric, same old provisions -- $250,000 cap on noneconomic damages, 3-year-statute of limitations, elimination of joint and several liability, court review and serious reduction of plaintiff’s attorneys’ contingent fees, and limitations on punitive damages (including the prohibition of pleading such damages initially).

Politico (http://www.politico.com/news/stories/0312/73957.html) reports that the IPAB bill was expected to go to the floor of the House for a vote later this month, but now “[i]It’s unclear exactly how Republicans plan to move the two bills, but both should clear the House relatively easily.”

PM

http://lawprofessors.typepad.com/civpro/2012/03/house-republicans-link-bipartisan-ipab-repeal-bill-with-partisan-tort-reform-bill.html

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Comments

*What* "empirical evidence to the contrary"? If caps don't reduce the amount insurers pay out for malpractice, why does the litigation lobby spend so much time and money opposing them?

Posted by: Ted F | Mar 16, 2012 2:45:44 PM

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