[House Report 109-185]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-185

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PROVIDING FOR CONSIDERATION OF H.R. 5, HELP EFFICIENT, ACCESSIBLE, LOW-
              COST, TIMELY HEALTHCARE (HEALTH) ACT OF 2005

                                _______
                                

   July 26, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 385]

    The Committee on Rules, having had under consideration 
House Resolution 385, by a nonrecord vote, reports the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 5, 
the Help Efficient, Accessible, Low-cost, Timely Healthcare 
(HEALTH) Act of 2005, under a closed rule. The rule provides 
two hours of debate in the House equally divided and controlled 
by the Majority Leader and the Minority Leader or their 
designees. The rule waives all points of order against 
consideration of the bill. The rule further provides that, 
notwithstanding the operation of the previous question, the 
Chair may postpone further consideration of the bill to a time 
designated by the Speaker.
    Finally, the rule provides one motion to recommit.

                         EXPLANATION OF WAIVERS

    The Committee on Rules is not aware of any points of order 
against consideration of the bill. The waiver of all points of 
order is considered prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 107

    Date: July 26, 2005.
    Measure: H.R. 5, Help Efficient, Accessible, Low-cost, 
Timely Healthcare (HEALTH) Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To report an open rule.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 108

    Date: July 26, 2005.
    Measure: H.R. 5, Help Efficient, Accessible, Low-cost, 
Timely Healthcare (HEALTH) Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment in the nature of a 
substitute offered by Representatives Conyers and Dingell which 
provides for a series of measures designed to ensure that the 
lawsuit itself is not frivolous and that the pleadings filed in 
connection with the suit are accurate and meritorious. It 
ensures that the antitrust laws apply to medical malpractice 
insurers, price comparisons can be easily obtained, and 
procedural checks are in place to ensure that premium increases 
are warranted and can be challenged by health care providers. 
Responds to concerns that medical malpractice is not available 
in certain parts of the country and creates an Independent 
Advisory Commission on Medical Malpractice Insurance to 
evaluate the cause of the recent premium increase. Finally, the 
amendment authorizes the Department of Health and Human 
Services to collect the data necessary to examine the medical 
malpractice insurance industry.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 109

    Date: July 26, 2005.
    Measure: H.R. 5, Help Efficient, Accessible, Low-cost, 
Timely Healthcare (HEALTH) Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Emanuel which strikes section 7(c), which states that no 
punitive damages may be awarded against a manufacturer or 
distributor of a medical product based on a claim that the 
product caused harm, unless the company violated FDA 
regulations.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 110

    Date: July 26, 2005.
    Measure: H.R. 5, Help Efficient, Accessible, Low-cost, 
Timely Healthcare (HEALTH) Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Berman which encourages States to provide prospective patients 
with access to information available to health insurers and 
state licensing boards regarding doctors who have had their 
employment or medical privileges revoked, terminated, or 
restricted or an application for privileges rejected for a 
medical disciplinary reason, have resigned as a result of an 
impending investigation into such a claim, or have been 
involved in claims that resulted in more than $25,000 in 
damages. The amendment would also encourage disciplinary action 
for health care providers and health care organizations that 
fail to disclose required information to state licensing 
agencies.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

                                  
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