U.S. House Panels Set Votes On Malpractice Cap
By Steven Brostoff, Washington Editor
NU Online News Service, Feb. 26, 4:16 p.m. EST, Washington?Two House of Representative Committees are scheduled to vote next week on legislation that would cap non-economic damages in medical malpractice cases at $250,000.
The Energy and Commerce Committee and the Judiciary Committee are set to take up the legislation, H.R. 5, this week and possibly move it to the floor of the House by the week of March 10.
Industry representatives said they will be on the lookout for any amendments that could affect the insurance industry.
Charles Taylor, assistant vice president of government relations with the Des Plaines, Ill.-based National Association of Independent Insurers, said that in the past, Democrats have tried to attach amendments affecting the McCarran-Ferguson Act, that puts insurance regulation under state control, and he expects that to happen again.
But he noted that legislation similar to H.R. 5 has passed twice in previous Congresses and his expectation is that the legislation will pass again.
Ken Schloman, Washington counsel with the Downers Grove, Ill.-based Alliance of American Insurers, added that Rep. Peter DeFazio, D-Ore., has introduced legislation that would establish a commission to study the impact of the McCarran-Ferguson Act on the medical malpractice insurance market.
Rep. DeFazio, Mr. Schloman noted, is not on either of the committees that will consider H.R. 5, but it is always possible that someone will pick up his language.
Melissa Shelk, vice president of federal affairs for the Washington-based American Insurance Association, said that while she also expects an effort to add insurance specific amendments, she does not think that anything will pass unless it is introduced by the majority Republicans.
She said she expects a partisan vote on the issue.
As for the Senate, Mr. Schloman said his understanding is that sponsors of medical malpractice legislation are trying to reach a consensus, and hope to begin moving a bill by the end of March.
Ms. Shelk said she does not expect the Senate to develop a bill that will be identical to H.R. 5.
She quoted one senior Senate staffer as saying that a $250,000 cap on non-economic, pain and suffering, damages will be very difficult to enact in the Senate.
It is possible, Ms. Shelk added, that during Senate consideration of the issue, legislation introduced by Sen. Pat Leahy, D-Ver., that would repeal portions of the McCarran-Ferguson Act as they apply to medical malpractice, will come up.
© Arc, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to TMSalesOperations@arc-network.com. For more information visit Asset & Logo Licensing.