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The medical liability language in the health care law

Since the American Association for Justice is patting itself on the back for beating back tort reform in the health care bill, even to the extent of neutering state demonstration projects, it seems only fair to highlight the final language in the bill.

We couldn't find it. But the reliable folks at the Kaiser Family Foundation have an excellent side-by-side comparison of the provisions in the Senate, House and final version of the health care legislation, a 40-page .pdf document available here.

The final tort reform provisions summarized:

Medical malpractice * Award five-year demonstration grants to states to develop, implement, and evaluate alternatives to current tort litigations. Preference will be given to states that have developed alternatives in consultation with relevant stakeholders and that have proposals that are likely to enhance patient safety by reducing medical errors and adverse events and are likely to improve access to liability insurance. (Funding appropriated for five years beginning in fiscal year 2011)

We've uploaded that single page here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.