AAJ: Proposed Health Act is a New Attack on Civil Justice System
Posted by Steven J. Klearman
January 31, 2011 6:11 PM
January 31, 2011 6:11 PM
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The American Association for Justice is warning the public about the sweeping new Health Act intended to replace Obama’s health care law. AAJ President C. Gibson Vance issued the following reaction to the proposed Health Act and its effects on plaintiffs’ rights:
The 112th Congress has been in session for only a few short weeks, and we have already seen that elections indeed have consequences. Instead of focusing like a laser on jobs, the U.S. House of Representatives has gone back to the past.
The House Judiciary Committee’s first hearing was entitled “Oversight Hearing on Medical Liability Reform—Cutting Costs, Spurring Investment, Creating Jobs.” Yesterday, Rep. Phil Gingrey (R-GA) introduced H.R. 5, the Health Act. The bill is an exact copy (it even has the same bill number) of H.R. 5 from the 109th Congress. The only difference is now there is a new justification; pass this bill to replace the new health care law.
H.R. 5 is a very broad bill. It applies to all claims against health care providers, regardless of the theory of liability. It also applies to cases against the pharmaceutical, nursing home, and insurance industries. The bill preempts state law that is more favorable to patients while keeping in place state law that favors medical providers.
Here are some of the major problems with the bill: