[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Extensions of Remarks]
[Page E1904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE TAXPAYER PROTECTION FROM FRIVOLOUS LITIGATION ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                      Thursday, September 28, 2006

  Mr. PAUL. Mr. Speaker, I am pleased to introduce the Physicians and 
Taxpayers' Protection from Frivolous Litigation Act. This bill provides 
protection from frivolous lawsuits for physicians in cases involving 
Medicare and Medicaid, and in cases where physicians are obligated to 
provide treatment under the Emergency Medical Treatment and Active 
Labor Act (EMTALA).
  Among the legal reforms contained in this act are a loser pays rule 
providing for physicians to be reimbursed for costs incurred in 
defending against frivolous lawsuits; a tightening of statutes of 
limitations to ensure lawsuits are not just attempts to extort money 
for conditions that arose years after treatment was delivered; reforms 
of how putative damages are calculated in order to ensure the damages 
bear a relationship to the harm suffered, limitations on contingent fee 
contracts which encourage the filing of frivolous lawsuits, reforms to 
calculations of joint and several liability so a defendant is only 
liable for the harm he actually caused, and limitation of damages in 
cases where the plaintiff has already received compensation.
  Frivolous lawsuits and the accompanying increase in malpractice 
insurance payments have driven many physicians out of medical practice. 
The malpractice crisis has further increased the cost of health care by 
forcing physicians to practice defensive medicine. While most 
malpractice reform issues are properly addressed at the state level, 
Congress does have a duty to act to protect physicians from frivolous 
lawsuits stemming from cases involving federally funded programs or 
federal mandates. After all, these programs already impose tremendous 
costs on physicians. For example, Medicare imposes so many rules and 
regulations on health care providers that the Medicare code is actually 
larger than the infamous tax code!
  EMTALA imposes additional burdens on physicians. EMTALA forces 
physicians and hospitals to bear l00% of the costs of providing care to 
anyone who enters an emergency room, regardless of the person's ability 
to pay. According to the June 29, 2003 edition of AM News, emergency 
physicians lose an average of $138,000 in revenue per year because of 
EMTALA. EMTALA also forces physicians and hospitals to follow costly 
rules and regulations. A physician can be fined $50,000 for a technical 
EMTALA violation.
  The combined effect of excessive regulations, inadequate 
reimbursements, and the risk of being subjected to unreasonable 
malpractice awards is endangering the most vulnerable people's access 
to health care. I am aware of several physicians who have counseled 
young people not to enter the health care profession because of 
lawsuits, federal regulations, and low federal reimbursement rates. 
Other physicians are withdrawing from the Medicare and Medicaid 
programs and cutting their ties with emergency rooms in order to avoid 
the EMTALA mandates. Protecting physicians from frivolous lawsuits who 
are participating in federal programs or acting to fulfill federal 
mandates is an important step in removing federally created 
disincentives to providing care to elderly and low income people. I 
therefore call upon my colleagues to stand up for heath care providers, 
low income people, senior citizens, and taxpayers by cosponsoring the 
Physicians and Taxpayers' Protection from Frivolous Litigation Act.

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