April 2017 Newsletter

  Medical liability reform – an issue of Price With Tom Price at the helm of the Department of Health and Human Services, and Congress likely to make systematic health care changes, chances for medical liability reform are stronger than ever.  So say several experts in the field. Writing in the New England Journal of Medicine, noted medical liability system scholars Michelle M. Mello, J.D., Ph.D., Allen Kachalia, M.D., J.D., and David M. Studdert, LL.B., Sc.D convey their opinions on the opportunities that lie ahead for proponents of medical liability reform with Secretary Price as an advocate. Citing medical liability in his confirmation hearings, as “a really difficult challenge,” Secretary Price has long been a champion of reforms that reduce medical lawsuit abuse. Acknowledging that “the liability system has well-documented problems, and its reform was omitted from the Affordable Care Act,” the authors support a way forward in the near term. While the current liability system is no longer at the precipice of crisis, Mello, Kachalia, and Studdert agree that “a period of calm in liability insurance markets is the best time to proceed with sensible reform.” The deck is stacked in support of reasonable limits on non-economic damages, with…

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March 2017 Newsletter

  New Congress makes early efforts in support of medical liability reform Just over a month after a new Congress and President were in position, medical liability reform appeared at the top of their agenda as two comprehensive bills were introduced. In late February, the House Judiciary Committee approved the Protecting Access to Care Act, a comprehensive medical liability reform bill introduced by Representative Steve King (R-IA). The Protecting Access to Care Act, H.R. 1215, is modeled after proven reforms already in place in Texas, California, and many other states around the country that have had a positive effect on increasing patient access to care and keeping health care costs affordable for patients and physicians. More recently introduced is the ACCESS (Accessible Care by Curbing Excessive lawSuitS) Act, H.R. 1704, which adds to the gaining momentum for liability reform in the House. President Trump has also expressed his support for medical liability reforms in his address to a Joint Session of Congress. “…We should implement legal reforms that protect patients and doctors from unnecessary costs that drive up the price of insurance,” President Trump stated. “The HCLA is pleased that the House of Representatives and President Trump recognize the need…

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February 2017 Newsletter

  Act NOW for Medical Liability Reform – New Federal Bill Introduced Our grassroots network has been activated to generate support for the Protecting Access to Care Act (H.R. 1215), a new federal bill introduced last Friday that is based on proven state medical liability reforms and which will tackle health care costs that are rising as a result of a broken system. The Protecting Access to Care Act, introduced by Rep. Steve King (R-IA), includes well-known, traditional reforms that ensure full and unlimited recovery of economic damages, allowing for payment of past and future medical expenses, lost wages, rehabilitation costs, and other out of pocket expenses.  The legislation also permits the additional recovery of up to $250,000 for non-economic damages, such as damages awarded for pain and suffering. The bill will be considered by the House Judiciary Committee TOMORROW (Tuesday). Click here to get contact information for committee members and express your support of this critical legislation. The Protecting Access to Care Act also includes a reasonable statute of limitations for filing lawsuits and limits attorney fees, allowing for speedier resolution of claims, and ensuring that damage awards go to deserving patients – not personal injury lawyers. It also…

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