Idaho Lawmakers Support HEALTH Act

Press Release
July 28, 2005

IDAHO LAWMAKERS SUPPORT HEALTH ACT

Washington, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter helped the House approved legislation on Thursday to ensure patients are not denied access to quality health care by the skyrocketing cost of liability insurance premiums.

The Help Efficient, Accessible, Low-cost, Timely Health care (HEALTH) Act, H.R. 5, includes proven reforms to make medical malpractice insurance affordable again, encourage health-care professionals to maintain their practices and reduce health-care costs for patients. It also will save billions of dollars a year in federal taxpayer dollars by reducing the practice of unnecessary "defensive medicine" designed only to protect against lawsuits.

"As health-care costs continue to rise, so too do the number of meritless malpractice cases choking our court system and running doctors out of their profession," Congressman Simpson said. "This legislation is a long-overdue remedy for reckless lawsuits that increase medical costs, endanger the careers of good doctors, and reduce access to health care for those who need its most."

"Twenty states already are experiencing what the American Medical Association calls a medical malpractice crisis, as hospitals shut their doors, doctors stop practicing medicine and patients are left with less access to care. Many more states - including Idaho - are showing signs of a growing problem," Congressman Otter said. "This is a solution that's been proven to work in California. Now, I'm not one to follow California's lead in much of anything. But if something can cut through the bureaucracy and entrenched interests and make a real difference even in California, then imagine how effective it can be across the rest of America. This will help ensure medical decisions are made in doctor's offices and hospitals and around family dinner tables, not in courtrooms and law offices."

The HEALTH Act:

- Promotes speedy resolution of claims by limiting the number of years a plaintiff has to file a health-care liability action. The idea is to ensure claims are brought while witnesses are available and memories are fresh, and before evidence is destroyed.
- Fairly allocates responsibility by holding defendants liable only in proportion to their degree of fault, and not making them financially accountable for another's negligence.
- Compensates patient injury by allowing them to recovery for economic damages such as future medical expenses and loss of future earnings, while limiting non-economic damages that can't be quantified, such as pain and suffering, to no more than $250,000.
- Maximizes patient recovery by empowering courts to ensure that an unjust portion of a patient's recovery is not misdirected to their attorney.
- Puts reasonable limits - but not "caps" - on punitive damages to ensure the punishment fits the offense. The bill raises the burden of proof clear and convincing evidence to show either malicious intent to injure or deliberate failure to act to avoid injury. Punitive damages are limited to the greater of twice the amount of economic damages or $250,000.
- Ensures payment of medical expenses by allowing money awarded for future medical expenses to paid out periodically rather than in a single lump sum. The idea is to avoid bankrupting the defendant, because they will be unable to pay for future medical expenses if they are penniless.
- Allows states flexibility by ensuring states that have them can maintain their own caps on damages, whether they are larger or smaller than the limits provided for in the HEALTH Act. States also may act at any time in the future to impose limitations different from those included in the HEALTH Act.

http://www.house.gov/apps/list/press/id02_simpson/health_act.html