P ROTECTING A CCESS TO H EALTHCARE A CT 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. 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.

R ELATION TO THE F IRST A MENDMENT TOTALS REPUBLICAN DEMOCRAT AYE % NO % 5168 PRESE NT 2 0% 20 NOT VOTIN G 22 5% 11 REQUI RED: Simple Majority

R ELATION TO THE F IFTH A MENDMENT TOTALS REPUBLICAN DEMOCRAT AYE % NO % 4153 PRESE NT 1 0% 10 NOT VOTIN G 22 5% 1210 REQUI RED: Simple Majority

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 SponsorCosponsor (134) Sponsor / Cosponsor

S TATUS 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)

W HO S UPPORT THE B ILL ? Insurance companies, brokers & agents Insurance Company Health, Education & Human Resources Health care Institution Health Professional Chamber of Commerce Health & welfare policy (split)

W HO OPPOSE THE BILL ? Trial lawyers & law firms Democratic/Liberal Public official (elected or appointed) Human Rights Consumer groups Health & welfare policy (split)

C OMMITTEES House Committee on Energy and Commerce House Committee on the Judiciary

THE OPINION OF POLITICAL PARTIES YEANAYPRESENT NOT VOTING REPUBLICA N DEMOCRAT TOTAL MASSACHU SETTS DELEGATIO N 01000

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 OFFICE SUMMARY OF THE BILL

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.

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.

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