Future of Several Health-Related Bills Unclear as Congressional Session Winds Down, CQ’s Carey Says

Several health-related legislative items face an uncertain future as the end of the congressional session nears, Congressional Quarterly reporter Mary Agnes Carey says in this week's "Congressional Quarterly Audio Report." According to Carey, members of Congress may not finish work in time on fiscal year 2003 appropriations bills and may opt for a "continuing resolution" to maintain government operations until the next Congress begins. Carey says that the possible impact of a CR on health measures is "unclear" but notes that it is likely that such a resolution would mean no new health spending, including for "priorities" in President Bush's budget and for Medicare. Carey also says that legislation to increase Medicare reimbursements to providers is "still in play" ("Congressional Quarterly Audio Report," 9/23). The Senate is working on a $50 billion bill that would increase reimbursements for physicians, hospitals, HMOs, nursing homes and other providers (Kaiser Daily Health Policy Report, 9/17). Carey says that Senate Finance Committee Chair Max Baucus (D-Mont.) has said that he wants to mark up sucha package "soon" but that some Finance Committee members are "insisting" that such a "giveback" package include a Medicare prescription drug benefit. She adds that lawmakers may also opt to adjourn and consider the giveback next year.

Medical Malpractice, Medical Errors
Carey also addresses the status of bills to reform medical malpractice liability and reduce the number of medical errors. She says that both are likely to pass the House but not receive enough support from Democrats in the Senate ("Congressional Quarterly Audio Report," 9/23). The malpractice bill (HR 4600) passed the House Energy and Commerce Committee last week. It would cap at $250,000 the amount of noneconomic damages, such as compensation for pain and suffering, that patients could be awarded in medical malpractice suits. Punitive damages would be limited to $250,000 or twice economic damages, whichever is greater. Economic damages, such as medical expenses or lost income, would remain uncapped. In addition, lawyers' fees would be limited by a sliding scale (Kaiser Daily Health Policy Report, 9/19). According to Carey, some senators "are uncomfortable with limiting" malpractice awards ("Congressional Quarterly Audio Report," 9/23). The medical error bill (HR 4889) passed the House Ways and Means Committee last week. It calls for doctors, nurses and other health professionals to voluntarily report medical errors to data banks called patient safety organizations. The organizations would analyze the reports and suggest ways to prevent future errors. All reports would remain confidential and could not be used in malpractice lawsuits (Kaiser Daily Health Policy Report, 9/19). Carey says some senators "have concerns" about the errors bill "because they want patients and their attorneys to have access to information gathered in those reports." She concludes by stating that the bills could face similar problems in the next Congress but adds that "much depends on the outcome of the elections" ("Congressional Quarterly Audio Report," 9/23).

Carey's report is available online.