Monday, March 26, 2012
The U.S. House of Representatives has passed nationwide tort reform measures as part of a bill repealing the Medicare Independent Payment Advisory Board, created as part of the Affordable Care Act in 2010. Per an ABA summary, the bill, H.R. 5, the "Protecting Access to Healthcare Act," would
- Cap noneconomic damages at $250,000 in medical suits,
- Allow courts to reduce contingent fees and to redirect damages to plaintiffs,
- Create a “fair share” rule in which each party would be liable only for its share of any damages, pre-empting state laws that call for joint and several liability, and
- Abolish the collateral-source rule.
The Senate is unlikely to consider the bill, and President Obama has threatened to veto it, if passed. The Hill's Floor Action Blog has more.