[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Extensions of Remarks]
[Page E1863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 847, JAMES ZADROGA 9/11 HEALTH AND 
                        COMPENSATION ACT OF 2010

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                               speech of

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                     Wednesday, September 29, 2010

  Mr. POMEROY. Mr. Speaker, I rise in opposition to the Motion to 
Recommit H.R. 847, the James Zadroga 9/11 Health and Compensation Act.
  I believe that our current medical malpractice system is in need of 
reform. Rising medical liability premiums are threatening trauma 
centers, emergency rooms and obstetrician-gynecological practices and 
the patients they serve, causing some to shut their doors because they 
cannot afford the cost or risk of treating patients. To help address 
this issue, I have repeatedly voted for legislation that would reform 
our medical malpractice system by, among other things, placing a cap of 
$250,000 on noneconomic and punitive damages as well as limiting 
lawyers' contingent fees.
  While the flawed Motion to Recommit H.R. 847, the James Zadroga 9/11 
Health and Compensation Act includes important provisions to help avoid 
frivolous medical malpractice lawsuits, it would also eliminate 
important delivery system reforms recently enacted in the health care 
reform law. This includes eliminating the Independent Payment Advisory 
Board which is charged with developing recommendations about innovative 
ways to better control costs both in public and private health programs 
while also ensuring that care is improved. In addition, I believe that 
comparative effectiveness research holds the potential to improve 
quality by helping doctors and patients determine the most effective 
treatment approaches. Repealing this important program would be an 
unacceptable step backwards. Furthermore, I have deep concerns with 
reducing funding aimed at improving public health.
  For these reasons, I urge my colleagues to oppose the flawed Motion 
to Recommit H.R. 847, the James Zadroga 9/11 Health and Compensation 
Act.

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