Senate Pursues Incremental Medical Liability Reform Strategy
Senate Majority Leader William Frist, MD, (R, Tenn), and Senate Majority Whip Mitch McConnell have decided to pursue a strategy of introducing separate, incremental medical liability reform bills to keep the pressure on the Senate to eventually enact comprehensive medical liability reform.
The first bill offered, the Healthy Mothers and Healthy Babies Access to Care Act (S 2061), covered obstetrical and gynecological services for pregnant women. US Senate rules require 60 votes to terminate a filibuster and move to consideration of actual legislation. On Feb. 24, 2004, the motion to proceed on S 2061 failed by 12 votes. The final margin was 48-45. Last year the Senate failed by a one vote lesser margin to proceed to vote on a comprehensive malpractice bill.
Other bills focusing on trauma care, underserved populations and Good Samaritan situations also are under consideration for possible future votes in the Senate, all to highlight growing physician access problems. S 2061, along with these other bills, offers an opportunity to generate additional pressure on the Senate to pass medical liability reform legislation. Senate votes on these separate measures will be scheduled throughout the remainder of the year.
The House already passed comprehensive medical liability reform that would cover all physicians. Senate leadership has stated that although legislation currently under consideration is not comprehensive, if a specialty carve-out bill smaller in scope were to pass, leadership would seek to produce a comprehensive bill in negotiations with the House/Senate conference committee.
The ACR, along with the American Medical Association and other medical specialty organizations, has been working closely with the Senate leadership to keep this important physician issue at the forefront of the congressional agenda. The ACR will continue to support any legislative strategy that would improve the critical status of the malpractice crisis for our membership.