AUSTIN, Texas, March 26, 2015 /PRNewswire-USNewswire/ -- Today
the U.S. House of Representatives passed historic medical liability
language in a bill that replaces the often-criticized Medicare
physician payment formula known as the sustainable growth rate.
The measure passed overwhelmingly with strong bi-partisan
support.
Language in the sustainable growth rate replacement bill ensures
that federal quality and payment provisions may not be used in
court to sue or to advance or defend a medical malpractice
lawsuit.
"The passage of today's legislation will permanently fix the
flawed sustainable growth formula and relieve doctors of the fear
of undue legal issues," said Texas
Congressman Henry Cuellar.
Rep. Cuellar had introduced similar stand-alone legislation.
"It is my hope that the Senate swiftly votes and passes this
bill," he said.
"This is the first step toward real, meaningful, entitlement
reform, said Texas Congressman
Michael Burgess, chief author of the
bill.
"I have worked my entire congressional career to address this
problem and, after years of uneven progress, we have finally taken
this opportunity to do what is right for seniors, providers and the
American taxpayer.
"Furthermore, the bill includes important standard of care
provisions that protect state liability law and ensures that
federal health care standards cannot be used to establish legal
action against health care providers."
"The Affordable Care Act does not specifically mention a new
basis for liability, nor does it preclude it," said Bob Donohoe, president and CEO of the
physician-governed Texas Medical Liability Trust. The law is
silent, and its silence is subject to judicial interpretation,
which lawmakers were trying to avoid.
"We know from years of experience that when the law does not
address something head on, all kinds of interpretations are
possible," he said.
"This much is clear: Never before has Congress passed a bill
reining in federal intrusion of existing state medical liability
laws," said Dr. Howard Marcus,
chairman of the Texas Alliance For Patient Access, an organization
that advocated the bill's passage.
"Today we have provided the Senate and White House with the best
opportunity to write a new chapter in the history of the American
health-care system which focuses on creating stability for those
most in need," said Texas
Congressman Kevin Brady, the
chairman of the House Ways & Means Health Subcommittee.
CONTACT: Jon Opelt
Executive Director
Texas Alliance For Patient Access
2301 South Capital of Texas
Highway, J-101
Austin, Texas 78746
Voice: (512) 703-2156
Email: opelt@tapa.info
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SOURCE Texas Alliance for Patient Access