PROTECTING ACCESS TO HEALTHCARE ACTBy: Terry Choi and Timothy Melitia Christie

Purposes of the Bill To improve patient access to health care services and

provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.

Law will cap all pain and suffering awards in medical malpractice cases at $250,000.

H.R. 5 also reduces the amount of attorneys fees that can be paid to a lawyer who represents a victim of malpractice.

Defendant health care providers still have a right to pay lawyers they employ to defend these cases any amount they wish.

The bill also seeks to impose draconian restrictions on patients' rights of redress against drug companies and medical products manufacturers who profit off of dangerous or misleading products in the marketplace.

RELATION TO THE FIRST AMENDMENT

TOTALS    REPUBLICAN     DEMOCRAT

  AYE 234  54%

223 11

  NO 173  40%

5 168

PRESENT 2

  0%

2 0

NOT VOTI

NG22

  5%

11 11

REQUIRED:

Simple Majority

RELATION TO THE FIFTH AMENDMENT

TOTALS    REPUBLICAN     DEMOCRAT

  AYE 251  58%

224 27

  NO 157  36%

4 153

PRESENT 1

  0%

1 0

NOT VOTIN

G22

  5%

12 10

REQUIRED:

Simple Majority

Rep. John “Phil” Gingrey Georgia Representative Republican

Rep. Tom McClintock Rep. Walter “Wally”

Herger Rep. Brian Bilbray Rep. Duncan Hunter  Rep. Gary Miller  Rep. Dana Rohrabacher Rep. Ken Calvert Rep. Edward “Ed” Royce Rep. Steve Scalise

Sponsor Cosponsor (134)

Sponsor / Cosponsor

STATUS OF THE BILL Introduced Jan 24, 2011 Referred to Committee Jan 24, 2011 Reported by Committee Jan 24, 2011 Referred to Committee Feb 09, 2011 Reported by Committee Feb 16, 2011 Passed House Mar 22, 2012 Passed Senate (not yet occurred) Signed by the President (not yet occurred)

WHO SUPPORT THE BILL? Insurance companies, brokers & agents Insurance Company Health, Education & Human Resources Health care Institution Health Professional Chamber of Commerce Health & welfare policy (split)

WHO OPPOSE THE BILL? Trial lawyers & law firms Democratic/Liberal Public official (elected or appointed) Human Rights Consumer groups Health & welfare policy (split)

COMMITTEES House Committee on Energy and Commerce House Committee on the Judiciary

THE OPINION OF POLITICAL PARTIES

  YEA NAY PRESENTNOT

VOTING

REPUBLICAN

216 10 4 11

DEMOCRAT 7 171 0 12

TOTAL 223 181 4 23

MASSACHUSETTS

DELEGATION

0 10 0 0

 

Title I: Health Act Help Efficient, Accessible, Low Cost, Timely Healthcare

Act of 2012

Title II: Repeal of Independent Payment Advisory Board

Medicare Decisions Accountability Act of 2012

OFFICE SUMMARY OF THE BILL

OFFICE SUMMARY OF THE BILL (continued)

Title III: Health Care Safety Net Enhancement Health Care Safety Net Enhancement Act of 2012 Public Health Service Act (amended)

Title IV: Restoring the Application of Antitrust Laws to Health Sector Insurers

Health Insurance Industry Fair Competition Act of 2012

McCarran-Ferguson Act Nothing shall modify, impair, or supersede the operation of any of

the antitrust laws with respect to the business of health insurance.

OFFICE SUMMARY OF THE BILL (continued)

Title V: Protections for Good Samaritan Health Professionals

Good Samaritan Health Professionals Act of 2012 Public Health Service Act

Amended to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if:

The professional is serving as a volunteer for purposes of responding to a disaster.

The act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services.

Work Cited http://maplight.org/us-congress/bill/112-hr-5/1049421/contributions-by-vote http://www.govtrack.us/congress/bills/112/hr5 http://www.house.gov/capuano/news/recentvotes/rv032312.shtml http://thehill.com/blogs/floor-action/house/217583-house-passes-health-board

-repeal-medical-tort-reform-bill http://www.acog.org/About_ACOG/News_Room/News_Releases/2012/Passage_

of_HR_5 http://www.opencongress.org/bill/112-h5/news/4?sort=toprated http://www.washingtonpost.com/blogs/2chambers/post/bill-stripping-parts-of-

health-care-law-passes-house/2012/03/22/gIQAp9LqTS_blog.html http://www.linkedin.com/news?

viewArticle=&articleID=5600999855125180480&gid=1061567&type=member&item=110828009&articleURL=http%3A%2F%2Fwww%2Enewyorkpersonalinjuryblog%2Ecom%2Fgop-again-cut-damage-awards-to-medical-malpractice-claimants%2F&urlhash=I2L7&goback=%2Egde_1061567_member_110828009

http://www.opencongress.org/vote/2012/h/124