Pelosi Healthcare Reform from HR3962 pg1431-1432
•HR 3962 IH
1 SEC. 2531. MEDICAL LIABILITY ALTERNATIVES.
2 (a) INCENTIVE PAYMENTS FOR MEDICAL LIABILITY
4 (1) IN GENERAL.—To the extent and in the
5 amounts made available in advance in appropriations
6 Acts, the Secretary shall make an incentive payment,
7 in an amount determined by the Secretary, to each
8 State that has an alternative medical liability law in
9 compliance with this section.
10 (2) DETERMINATION BY SECRETARY.—The
11 Secretary shall determine that a State has an alter12
native medical liability law in compliance with this
13 section if the Secretary is satisfied that—
14 (A) the State enacted the law after the
15 date of the enactment of this Act and is imple16
menting the law;
17 (B) the law is effective; and
18 (C) the contents of the law are in accord19
ance with paragraph (4).
20 (3) CONSIDERATIONS FOR DETERMINING EF21
FECTIVENESS.—In determining whether an alter22
native medical liability law is effective under para23
graph (2)(B), the Secretary shall consider whether
24 the law—
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•HR 3962 IH
1 (A) makes the medical liability system
2 more reliable through prevention of, or prompt
3 and fair resolution of, disputes;
4 (B) encourages the disclosure of health
5 care errors; and
6 (C) maintains access to affordable liability
8 (4) CONTENTS OF ALTERNATIVE MEDICAL LI9
ABILITY LAW.—The contents of an alternative liabil
ity law are in accordance with this paragraph if—
11 (A) the litigation alternatives contained in
12 the law consist of certificate of merit, early
13 offer, or both; and
14 (B) the law does not limit attorneys’ fees
15 or impose caps on damages.
How does this help States help patients? If they pass any kind of tort reform that limits attorney's fees or damages amounts, the State won't receive money to help patients that need healthcare. How is this healthcare reform GOOD for the patients and to improve healthcare?
FYI-I'm not for salary or damage caps, as the plaintiff's choose their attorney under a read and signed agreement, and a jury of peers decides the damages.
Point being, how does protecting attorneys help improve the healthcare or patients? Why is it in this bill?