[Congressional Record (Bound Edition), Volume 149 (2003), Part 5]
[Extensions of Remarks]
[Page 6351]
[From the U.S. 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 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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