As Congressional leaders negotiate the merging of House and Senate healthcare reform bills, the Health Coalition on Liability and Access is pressing for any final legislation to retain and strengthen current medical liability reform provisions.
According to HCLA Chairman Mike Stinson, the coalition favors comprehensive medical liability reform, including reasonable limits on non-economic damages.
The coalition is also urging Congress to incorporate provisions to support demonstration projects and standards of care, as well as guaranteeing that current and future state liability reforms are not nullified by any new federal healthcare legislation.
"Although the current political climate has prevented comprehensive medical liability reform efforts from passing, we want Congress to know that the issue is still very much alive and that the HCLA is continuing its work on this important issue for patients," Stinson wrote in a letter sent last week to House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry Reid (D-Nev.).
The HCLA backs the House bill on demonstration projects, saying they should be used as a starting point for provisions in the final bill. It also supports incentive payments to encourage states to enact medical liability reform, according to Stinson.
Yet, the HCLA is concerned that a broad opt-out provision could undermine the effectiveness of new state reforms. While both the House and Senate healthcare reform bills contain provisions that intend to protect current and future state-enacted liability reforms, the HCLA is urging lawmakers to strengthen the language.
HCLA officials warned against any new practice guidelines and standards in the healthcare bills. Though these may be designed to improve the quality of care, they said, the standards could unintentionally expand liability for healthcare providers.
According to Stinson, the HCLA supports the House bill, which includes provisions to prohibit new legal standards of care.
"The final legislation must, at a minimum, address the three issues the HCLA has cited in order to ensure that the newly enacted federal healthcare reforms do not expand healthcare provider liability and do not roll back, limit or impinge upon existing or future state liability reform efforts," the letter states.
The HCLA is a national advocacy coalition representing doctors, hospitals, healthcare liability insurers, employers and healthcare consumers.