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The
American College of Cardiology (ACC) is calling on members
to contact their U.S. House representatives to help secure
passage of important medical liability reform legislation.
On
Thursday, March 13, the House is expected to vote on H.R.
5, the "Help, Efficient, Accessible, Low Cost, Timely
Health Care (HEALTH) Act." The vote on H.R.
5 is expected to be close, so it is very important that representatives
hear from their physician constituents in support of this
legislation.
Concerns
over the medical liability system have been brewing for years
and now rising premiums have reached crisis levels in many
states. An alarming number of insurers have left the medical
liability market, resulting in rising liability premiums for
medical specialties not typically associated with high risk,
including cardiology. High medical liability premiums in some
states have forced physicians to limit their services, retire
early, or relocate to a state where liability premiums are
more stable.
H.R.
5 will help bring financial stability to the medical liability
insurance market, thereby ensuring continued patient access
to physician services. H.R. 5 contains reforms that would
create a liability system similar to the one that has kept
the market stable in California for the past 25 years. The
bill includes:
- A
$250,000 cap on noneconomic damages, with no limit on economic
damages;
- Requirement
of advance notice of payments already received by the plaintiff,
thus preventing double payment for the same expense, i.e.,
health insurance;
- Periodic
payment of future damages over $50,000;
- Limitations
on plaintiff attorney contingency fees;
- Limitations
on punitive damages;
- "Fair
share" rule, thus ensuring that the amount of damages
allocated will be in direct proportion with the defendant's
responsibility;
- A
requirement that claims be brought within three years of
the date of manifestation of injury, with special provisions
for minors; and
- Assurances
that states with damage caps in place would be permitted
to retain those caps.
As
a member of the ACC, a special toll-free phone number is available
that will connect you to your representative's office. Your
representative needs to hear from you TODAY.
Please call your representative today at (800) 335-4860;
the access code for ACC members to use is 2273. After
entering the access code, callers will be asked to enter in
their zip code. You will then be connected to your representative's
office.
Once
connected, ask to speak to the representative's health care
legislative assistant and urge that your representative
vote for H.R. 5. If applicable, tell your representative
how rising medical liability premiums in your state are affecting
your practice and patient access to quality health care.
ACC
members can also contact their representative by e-mail through
the ACC's Web site at www.acc.org.
Click on the "Take Action Now" icon.
More
information about this issue can be found in the Medical Liability
Reform Resource Center on the ACC Web site at www.acc.org/advocacy/advoc_issues/rc_malpractice2.htm,
or contact Camille Sorosiak in the ACC Advocacy Division at
csorosia@acc.org or
(800) 435-9203.
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