[Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I)]
[May 15, 1991]
[Page 513]
[From the U.S. Government Publishing Office www.gpo.gov]



Message to the Congress Transmitting the Health Care Liability Reform 
and Quality of Care Improvement Act of 1991

May 15, 1991

To the Congress of the United States:
    I am pleased to submit for your consideration and enactment the 
``Health Care Liability Reform and Quality of Care Improvement Act of 
1991.''
    This legislative proposal would assist in stemming the rising costs 
of health care caused by medical professional liability. During recent 
years, the costs of defensive medical practice and of litigation related 
to health care disputes have skyrocketed. As a result, the access to 
quality care for significant portions of the population has been 
threatened.
    The bill would encourage States to adopt within 3 years quality 
assurance measures, tort reforms, and alternative dispute resolution 
mechanisms. A pool of funds would be available to States and hospitals 
in those States that implement these reforms. The quality assurance 
measures require effective actions to improve quality and reduce the 
incidence of negligence. The tort reforms would include: (1) a 
reasonable cap on noneconomic damages; (2) the elimination of joint and 
several liability for those damages; (3) prohibiting double recoveries 
by plaintiffs; and (4) permitting health care providers to pay damages 
for future costs periodically rather than in a lump sum. Most of these 
provisions would be made specifically applicable to actions arising 
under the Federal Tort Claims Act.
    I urge the prompt and favorable consideration of this proposal, 
which would complement initiatives the Administration will undertake 
concerned with malpractice and quality of care.

                                                             George Bush

The White House,
May 15, 1991.