The Palm Beach Post

GOP heath care bill would tighten limits on medical malpractic­e suits

- Robert Pear

WASHINGTON — Low-income people and older Americans would find it more difficult to win lawsuits for injuries caused by medical malpractic­e or defective drugs or medical devices under a bill drafted by House Republican­s as part of their plan to replace the Affordable Care Act.

The bill would impose new limits on lawsuits involving care covered by Medicare, Medicaid or private health insurance subsidized by the Affordable Care Act. The limits would apply to some product liability claims, as well as to medical malpractic­e lawsuits involving doctors, hosthat the bill would reduce fedpitals and nursing homes. eral budget deficits by almost

Sean Spicer, the White $50 billion over 10 years. House press secretary, said Under the bill, the budget the bill would limit “frivolous office said, doctors would lawsuits that unnecessar­ily slightly decrease the use of drive up health care costs.” diagnostic tests and other

But Democrats and plainservi­ces that they perform tiffs’ lawyers said it would to reduce their exposure to take rights away from peolawsuit­s. Doctors have long ple served by federal health said such “defensive mediprogra­ms. cine” adds to the cost of care.

In renewing their effort to But Rep. Jamie Raskin, devise a replacemen­t for the D-Md., said the bill would deny Affordable Care Act, Repubfull restitutio­n to many victims licans say one chief aim is to of medical malpractic­e. Rep. slow the growth of health Steve Cohen, D-Tenn., said spending. Rep. Bob Goodthe bill’s restrictio­ns would latte, R-Va., the chairman apply even in cases of “egreof the House Judiciary Comgious medical error,” such mittee, said the malpractic­e as when a foreign object is limits would reduce health left inside a patient’s body costs, increase access to care or surgery is performed on and save taxpayers billions the wrong body part. of dollars. Kimberly A. Valentine, a law

The nonpartisa­n Congresyer in Orange County, Calif., sional Budget Office estimates who has represente­d scores of nursing home residents, said the House bill “would make it much more difficult for victims of elder abuse to seek redress and would eliminate one of the most powerful tools we have to improve care in nursing homes.”

T h e b i l l w o u l d s e t a $250,000 limit on “noneconomi­c damages,” which include compensati­on for pain and suffering, though states could set different limits.

California has long had a $250,000 cap on noneconomi­c damages in medical malpractic­e cases. But under state law, elder abuse cases are exempt from the limit. The bill would not limit a patient’s ability to recover economic damages for medical expenses or lost earnings. If more than one defendant was responsibl­e for an injury, the jury would award damages against each one in proportion to the share of responsibi­lity.

The bill says a doctor who prescribes a drug or medical device “approved, licensed or cleared by the Food and Drug Administra­tion” may not be named in a product liability lawsuit against the manufactur­er or seller of the product. The bill provides similar protection for pharmacist­s who fill prescripti­ons. It would restrict contingenc­y fees that lawyers can charge for representi­ng plaintiffs in health care lawsuits.

The measure would limit claims related to coverage provided “via a federal program, subsidy or tax benefit.” Brian K. Atchinson, president of the Physician Insurers Associatio­n of America, a trade group for insurers, said that means the House bill would apply to health insurance provided by employers, because the federal government provides a tax break for such coverage. The tax-free treatment of employer-provided health benefits is one of the largest tax breaks in the tax code, costing the government more than $150 billion a year in lost revenue, according to the Congressio­nal Research Service.

The costs of the medical malprac tice system have been hotly debated for years. Studies suggest the costs, including damage awards, legal fees and the effects of defensive medicine, represent 2 percent to 2.5 percent of national health spending.

 ?? ANDREW SULLIVAN / NEW YORK TIMES 2014 ?? A bill drafted by House Republican­s would impose new limits on lawsuits involving care covered by Medicare, Medicaid or private health insurance subsidized by the Affordable Care Act.
ANDREW SULLIVAN / NEW YORK TIMES 2014 A bill drafted by House Republican­s would impose new limits on lawsuits involving care covered by Medicare, Medicaid or private health insurance subsidized by the Affordable Care Act.

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