The House Energy and Commerce Committee approved comprehensive medical liability reform legislation, the HEALTH Act (H.R. 5), on May 11 after a day-long markup during which the committee considered more than a dozen amendments. The vote was mainly along party lines with a few exceptions. Republicans Lee Terry (R-NE) and Morgan Griffith (R-VA) voted against the bill and Democrat Rep. Matheson (D-UT) voted for it. (Thanks Rep. Matheson!)

The ACC supports the HEALTH Act, which was introduced by Rep. Phil Gingrey (R-GA). One amendment was withdrawn, one was approved and the remainder defeated. The successful amendment, offered by Rep. John Dingell (D-MI), would make drugs and devices subject to punitive damages if they are misbranded or adulterated and it is the cause of the plaintiff's harm. The issue of states’ rights and potential preemption of state law was brought up repeatedly during the markup. In addition, many Democrats on the committee, including Reps. Eliot Engel (D-NY), Anthony Weiner (D-NY), Jay Inslee (D-WA), and Jan Schakowsky (D-IL), stated that physicians’ premiums are too high and something needs to be done, but they do not support caps as an answer; rather, reforms that address the insurance companies are a better solution. Inslee also suggested that evidence-based standards of care should provide protection to physicians.

The legislation, which was approved by the House Judiciary Committee earlier this year, will now go to the House floor for a vote.  It should pass, but is unlikely to go anywhere in the Senate, unfortunately. It’s still important to push for caps on non-economic damages anyway. The educational value may pay off later on.

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