[Congressional Record Volume 147, Number 105 (Wednesday, July 25, 2001)]
[House]
[Pages H4546-H4547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1015
          WHY UNLIMITED LAWSUITS WILL NOT IMPROVE HEALTH CARE

  (Mr. TIBERI asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. TIBERI. Mr. Speaker, President Bush has pledged to sign into law 
the Patients' Bill of Rights that provides a full range of patient 
protections, including direct access to OB-GYNS, physician choice, 
emergency room coverage, pediatric care, and a ban on ``gag'' rules. 
What President Bush will not support is unlimited lawsuits.
  A Washington poll released in early June showed a majority of 
Americans, 49 percent to 40 percent, prefer a different approach than 
one of unlimited lawsuits, believing that more litigation will drive up 
costs of medical care in America.
  It must be clear that HMOs are not exempt from lawsuits. Federal 
courts

[[Page H4547]]

have ruled 15 times since 1995 that HMOs can be held liable. ERISA does 
not shield HMOs from medical malpractice liability; it only preempts 
State laws on coverage of administration of benefits decisions.
  Unlimited lawsuits will not improve patient care in America. A recent 
Harvard University study found that ``almost 60 percent of costs to the 
malpractice system would wind up in bank accounts of lawyers, court 
administrators and insurance systems.''
  The goal of patients' rights legislation should be about reducing the 
ranks of the uninsured and increasing access to health care coverage.
  Mr. Speaker, I urge support of the Fletcher bill.

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