[Congressional Record Volume 149, Number 42 (Monday, March 17, 2003)]
[Extensions of Remarks]
[Page E481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




HELP EFFICIENT, ACCESSIBLE, LOW-COST, TIMELY HEALTHCARE (HEALTH) ACT OF 
                                  2003

                                 ______
                                 

                               speech of

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                        Thursday, March 13, 2003

  Mr. POMEROY. Mr. Speaker, I rise today to express my support for the 
bill before the House, H.R. 5, the Help Efficient, Accessible, Low-
Cost, Timely Healthcare (HEALTH) Act of 2003. I believe it is important 
that Congress act to address the medical malpractice crisis that has 
begun to threaten access to care around the country.
  I will vote for this legislation because I view our current medical 
malpractice system as in a state of crisis, and I think it is important 
to begin the legislative process needed to preserve access to care for 
all Americans. I do, however, believe that that the bill could be 
improved and I encourage our colleagues in the Senate to be open to 
constructive suggestions that address legitimate concerns from members 
on both sides of the aisle. For example, I am concerned that the 
$250,000 cap on non-economic damages in this bill is too low. As a 
former state insurance commissioner, I recognize that caps can be 
useful to providing predictability and stability in the insurance 
market. But I also believe that a higher cap on such damages would be 
more appropriate without undermining predictability or significantly 
raising premiums.
  I think it is important that we recognize that there are other 
dynamics of the medical malpractice crisis that need to be considered, 
and we should view this reform proposal as only one part of a 
comprehensive solution. Just this week, as my colleagues know, the 
House passed legislation that I cosponsored dealing with medical errors 
reporting and reduction, creating what is intended to be a ``feedback 
loop'' for health care systems. I hope my colleagues will share my view 
that once the House passes this medical malpractice reform bill, it 
will mark only the beginning of a dialogue to help stabliize our health 
care system while protecting appropriate consumer remedies. To be 
certain, this is a difficult balance to strike within a complex set of 
issues, and I urge my House and Senate colleagues alike to remain open 
to bipartisan efforts to improve this legislation.

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