ACTION ALERT
National Conference of State Legislatures
Office of State-Federal Relations
July 25, 2005
PROTECT STATE AUTHORITY OVER MEDICAL MALPRACTICE TORT REFORM
H.R. 5, the “Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005,” is scheduled for a floor vote in the House of Representatives on Wednesday, July 27. This bill preempts states in the area of medical malpractice reform and seeks to establish uniform procedures and substantive requirements for state medical malpractice lawsuits. The regulation of medical liability laws has always been within the purview of the states, and the proposed federal legislation would impose preemptive standards on states regarding non-economic and punitive damage caps, statutes of limitations, attorney fees, evidentiary support, and other aspects of the medical malpractice issue. States must speak up now or be forced to relinquish legislative control over this issue.
STATE LEGISLATORS MUST CONTACT THEIR MEMBERS OF THE HOUSE OF REPRESENTATIVES
AND URGE THEM TO OPPOSE THE PASSAGE OF HR 5.
Background - The U.S. House of Representatives passed HR 5 in March 2003 and HR 4280 in May 2004. Both bills preempted state tort laws governing statutes of limitations, the awarding of noneconomic and punitive damages, the drafting of pleadings, the introduction of evidence, and the regulation of attorney fees. Several bills were introduced in the U.S. Senate aimed at regulating specific medical fields in 2003 and 2004. All were defeated. HR 5 was reintroduced last week and is identical to the bill introduced in the last Congress.
NCSL Position - NCSL’s policy states that the regulation of medical malpractice lawsuits is a purely state matter. NCSL opposes any federal intervention relating to medical malpractice tort reform.
- Remind your Members of Congress that medical malpractice tort reform is a state matter and the federal government should not intervene.
- Remind your Members of Congress of the specific regulations and guidelines in your state that already exist in your state addressing court procedures relating to the drafting of pleadings, the introduction of evidence, and the awarding of attorney fees. Inform them that a federal one-size-fits-all solution is not the answer to whatever issues exist in your state.
- Inform your Members of Congress that malpractice reform has been enacted in 29 states in 2005 and in 9 states in 2004. Explain any reform bills passed or pending in your state.
For more information, please contact Susan Parnas Frederick or Trina Caudle at NCSL at 202-624-5400.
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