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The lobbying efforts of the plaintiffs' bar on health care



The second quarter 2009 lobbying disclosure reports have been filed with the U.S. House and Senate, and not surprisingly, the American Association for Justice has expanded its efforts to keep any liability limits from being included in congressional health care legislation. (AAJ disclosure report here in .pdf.) Total lobbying expenditures for the quarter: $1.12 million.

Under the category of "Torts" -- not "Health Care" -- we find this growing list of issues AAJ lobbied on. The first two entries on page 16 were also featured in the first quarter 2009 AAJ disclosure, but the rest are new additions. Phew...

S 391 (Healthy Americans Act); specific interest in provisions in Title VI and VII relating to payments to States for implementing measures related to liability for medical malpractice.

Lobbying with regard to medical malpractice liability as it relates to any health care reform proposal; also lobbying in response to "Call to Action: Health Reform 2009" (a White Paper issued by Senator Baucus); specific interest in proposed health courts and other malpractice compensation models.

Affordable Health Choices Act (HELP Committee health care reform bill; unnumbered as of 6/30/09); specific interest in amendments relating to liability for medical negligence:

Coburn amendment #88, not offered as of 6/30/09; to establish a grant program for states to develop, implement, and evaluate three alternative models to the current tort litigation system, including an expert review panel, an administrative health care tribunal, and a combination of these systems.

Enzi amendment #2, withdrawn; to provide federal funding for states to develop and implement alternative compensation models for medical malpractice.

Gregg amendment #29, not offered as of 6/30/09; to limit the legal rights of patients injured by negligent medical care.

Gregg amendment #30, not agreed to; to place caps on damages in medical malpractice suits for grievances regarding obstetrical and gynecological services.

Hatch amendment #5, not offered as of 6/30/09; to shield doctors and hospitals from liability for medical malpractice while limiting the legal rights of patients who seek emergency room services.

Hatch amendment #6, not offered as of 6/30/09; to shield doctors and hospitals from liability for medical malpractice while limiting the legal rights of patients who reside in rural and medically underserved communities.

Hatch amendment #8, withdrawn; to prohibit the conclusions and recommendations of the Center for Health Outcomes Research and Evaluation from being used by a plaintiff in a civil action against a health care provider, health care organization, or the manufacturer or seller of a medical product.

H.R.1478/ S. 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009); to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.

H.R. 1998 (Health Care Safety Net Enhancement Act); to amend the Public Health Service Act to include emergency services and other related services pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), and to provide liability protection for hospitals, physicians, and other licensed independent practitioners who provide services to patients covered by EMTALA.

H.R. 1188 (Access to Emergency Medical Services Act); specific interest in provision calling for the establishment of a United States Bipartisan Commission on Access to Emergency Medical Services to study emergency services pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA) including the potential legal liability of health care professionals and providers with respect to services furnished under EMTALA.

Related Entries:

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.