[Congressional Record Volume 148, Number 129 (Friday, October 4, 2002)]
[Extensions of Remarks]
[Page E1764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  HELP EFFICIENT, ACCESSIBLE, LOW-COST, TIMELY HEALTH CARE ACT OF 2002

                                 ______
                                 

                               speech of

                            HON. JEFF FLAKE

                               of arizona

                    in the house of representatives

                      Thursday, September 26, 2002

  Mr. FLAKE. Mr. Speaker, today I voted ``no'' on final passage of H.R. 
4600, the Help Efficient, Accessible, Low-cost, and Timely Healthcare 
(HEALTH) Act. My vote was a difficult one, but after consulting with 
both supporters and opponents of the bill, I was not convinced that the 
federal government should preempt state law in this area.
  Those supporting this bill have made some compelling arguments as to 
why Congress should step in and institute these reforms. They cite the 
national nature of insurance plans, whereby a doctor in Arizona might 
have to pay more for malpractice insurance due to an over-the-top jury 
award in Texas. They also note that, as doctors close up shop or stop 
providing high-risk care in specialties such as emergency medicine and 
obstetrics and gynecology, patients are forced to cross state lines in 
order to seek out treatment. We have all watched with dismay as 
hospitals have been forced to shut their doors and doctors have opted 
to treat patients without malpractice insurance due to the high costs 
of premiums. Certainly, the trial attorneys who line their pockets with 
egregious fees aren't suffering as a result of the mess they've made 
with unscrupulous lawsuits. These arguments only underscore an already 
evident need for the states to pursue medical malpractice reforms. 
However, as one who believes firmly in federalism, I am unwilling to 
support legislation that would, in effect, preempt the constitution of 
the state of Arizona, which prohibits caps on damages.
  The natural evolution of health care delivery suggests that a federal 
solution such as H.R. 4600 may one day be necessary. Even today, we 
need tort reform badly. It's up to the states to begin that process, 
and I plan to be part of those efforts. The states should follow 
California's example, which has been an undeniable success over the 
past 25 years.

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