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Protecting Access to Healthcare Act

Protecting Access to Healthcare Act. By: Terry Choi and Timothy Melitia Christie. Purposes of the Bill. To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.

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Protecting Access to Healthcare Act

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  1. Protecting Access to Healthcare Act By: Terry Choi and Timothy Melitia Christie

  2. Purposes of the Bill • To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system. • Law will cap all pain and suffering awards in medical malpractice cases at $250,000. • H.R. 5 also reduces the amount of attorneys fees that can be paid to a lawyer who represents a victim of malpractice. • Defendant health care providers still have a right to pay lawyers they employ to defend these cases any amount they wish. • The bill also seeks to impose draconian restrictions on patients' rights of redress against drug companies and medical products manufacturers who profit off of dangerous or misleading products in the marketplace.

  3. Relation to the First Amendment

  4. Relation to the Fifth Amendment

  5. Rep. John “Phil” Gingrey Georgia Representative Republican Rep. Tom McClintock Rep. Walter “Wally” Herger Rep. Brian Bilbray Rep. Duncan Hunter  Rep. Gary Miller  Rep. Dana Rohrabacher Rep. Ken Calvert Rep. Edward “Ed” Royce Rep. Steve Scalise Sponsor / Cosponsor Sponsor Cosponsor (134)

  6. Status of the bill • Introduced Jan 24, 2011 • Referred to Committee Jan 24, 2011 • Reported by Committee Jan 24, 2011 • Referred to Committee Feb 09, 2011 • Reported by Committee Feb 16, 2011 • Passed House Mar 22, 2012 • Passed Senate (not yet occurred) • Signed by the President (not yet occurred)

  7. Who Support the Bill? • Insurance companies, brokers & agents • Insurance Company • Health, Education & Human Resources • Health care Institution • Health Professional • Chamber of Commerce • Health & welfare policy (split)

  8. Who oppose the bill? • Trial lawyers & law firms • Democratic/Liberal • Public official (elected or appointed) • Human Rights • Consumer groups • Health & welfare policy (split)

  9. Committees • House Committee on Energy and Commerce • House Committee on the Judiciary

  10. THE OPINION OF POLITICAL PARTIES

  11. OFFICE SUMMARY OF THE BILL Title I: Health Act • Help Efficient, Accessible, Low Cost, Timely Healthcare Act of 2012 Title II: Repeal of Independent Payment Advisory Board • Medicare Decisions Accountability Act of 2012

  12. OFFICE SUMMARY OF THE BILL (continued) Title III: Health Care Safety Net Enhancement • Health Care Safety Net Enhancement Act of 2012 • Public Health Service Act (amended) Title IV: Restoring the Application of Antitrust Laws to Health Sector Insurers • Health Insurance Industry Fair Competition Act of 2012 • McCarran-Ferguson Act • Nothing shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance.

  13. OFFICE SUMMARY OF THE BILL (continued) Title V: Protections for Good Samaritan Health Professionals • Good Samaritan Health Professionals Act of 2012 • Public Health Service Act • Amended to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: • The professional is serving as a volunteer for purposes of responding to a disaster. • The act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services.

  14. Work Cited • http://maplight.org/us-congress/bill/112-hr-5/1049421/contributions-by-vote • http://www.govtrack.us/congress/bills/112/hr5 • http://www.house.gov/capuano/news/recentvotes/rv032312.shtml • http://thehill.com/blogs/floor-action/house/217583-house-passes-health-board-repeal-medical-tort-reform-bill • http://www.acog.org/About_ACOG/News_Room/News_Releases/2012/Passage_of_HR_5 • http://www.opencongress.org/bill/112-h5/news/4?sort=toprated • http://www.washingtonpost.com/blogs/2chambers/post/bill-stripping-parts-of-health-care-law-passes-house/2012/03/22/gIQAp9LqTS_blog.html • http://www.linkedin.com/news?viewArticle=&articleID=5600999855125180480&gid=1061567&type=member&item=110828009&articleURL=http%3A%2F%2Fwww%2Enewyorkpersonalinjuryblog%2Ecom%2Fgop-again-cut-damage-awards-to-medical-malpractice-claimants%2F&urlhash=I2L7&goback=%2Egde_1061567_member_110828009 • http://www.opencongress.org/vote/2012/h/124

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