HR 5 · 108th Congress 2003–2005, ended

Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003

Introduced Feb 5, 2003 Originated House Sponsor James C. Greenwood R-PA

Latest action · Mar 21, 2003 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedFeb 5, 2003
Passed HouseMar 13, 2003
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

(This measure has not been amended since it was reported to the House on March 11, 2003. The summary of that version (Part I) is repeated here.)

Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2003 - (Sec. 3) Makes changes to the health care liability system, including compensation for injured patients and other issues arising out of health care lawsuits.

Requires a suit to be brought within three years of the date of injury or one year after the claimant discovers or should have discovered the injury, whichever occurs first. Specifies exceptions when a suit may be brought later than three years after the date of injury. Sets forth rules for actions by minors.

(Sec. 4) Sets forth requirements and permissible recovery amounts for compensating patient injury, including: (1) the full amount of economic loss without limitation; (2) noneconomic damages as specified; and (3) a fair share rule.

(Sec. 5) Requires the court to supervise payment-of-damage arrangements, limiting contingency fees.

(Sec. 6) Permits the introduction of evidence of collateral source benefits, except that this section shall not apply to provisions of the Social Security Act pertaining to State plans for medical assistance and Medicare as secondary payer.

(Sec. 7) Limits the availability of punitive damages, requiring clear and convincing evidence of malicious intent to injure or a deliberate failure to avoid substantially certain, unnecessary injury. Prohibits punitive damages from being awarded where no judgment for compensatory damages is rendered. Prohibits their award for products that comply with Food and Drug Administration (FDA) standards, except if the manufacturer or distributor of a particular medical product or the supplier of a component or raw material of such a product causes harm by failing to comply with a specific requirement of the Federal Food, Drug and Cosmetic Act.

Declares that in cases involving alleged harm due to packaging or labeling of a drug required to have tamper resistant packaging, the manufacturer or product seller shall not be held liable for punitive damages unless the trier of fact finds evidence that the labeling or packaging is out of compliance with FDA regulations.

Allows punitive damages in cases where a person: (1) withholds from the FDA information pertaining to the alleged harm suffered; or (2) made an illegal payment to an FDA official to secure or maintain approval or clearance of a product.

(Sec. 8) Authorizes periodic payment of future damages to claimants.

(Sec. 10) Excludes suits for vaccine-related death or injury from the requirements of this Act if otherwise covered under the National Vaccine Injury Compensation Program.

(Sec. 11) Preempts a specified section of Federal law governing health care lawsuits to the extent that such section differs from this Act in certain ways, including if it provides for a greater amount of damages or contingent fees or a longer period in which a health care lawsuit may be commenced. Preempts State law unless such law imposes greater protections for health care providers and organizations from liability, loss, or damages.

(Sec. 13) Expresses the sense of Congress that a health insurer should be liable for damages for harm caused when it makes a decision as to what care is medically necessary and appropriate.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 64	On Passage	Passed229–196	Mar 13, 2003

House 63	On Motion to Recommit with Instructions	Failed191–234	Mar 13, 2003

Cosponsors 128

Members who signed on, in the order they did. Signatures ran from Feb 5, 2003 to Mar 11, 2003; 68 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-FL	Adam H. Putnam	Original	Feb 5, 2003
R-NY	Amo Houghton	Original	Feb 5, 2003
R-FL	Ander Crenshaw	Original	Feb 5, 2003
R-KY	Anne M. Northup	Original	Feb 5, 2003
R-PA	Bill Shuster	Original	Feb 5, 2003
R-ID	C. L. (Butch) Otter	Original	Feb 5, 2003
D-TX	Charles W. Stenholm	Original	Feb 5, 2003
R-UT	Chris Cannon	Original	Feb 5, 2003
R-CA	Christopher Cox	Original	Feb 5, 2003
R-CT	Christopher Shays	Original	Feb 5, 2003
R-FL	Cliff Stearns	Original	Feb 5, 2003
D-MN	Collin C. Peterson	Original	Feb 5, 2003
R-FL	Dave Weldon	Original	Feb 5, 2003
R-OH	David L. Hobson	Original	Feb 5, 2003
R-FL	E. Clay Shaw Jr.	Original	Feb 5, 2003

Show all 128 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Judiciary Committee	Referred Feb 5, 2003Hearings Mar 4, 2003Markup Mar 5, 2003Reported Mar 11, 2003
House	Energy and Commerce Committee	Referred Feb 5, 2003Markup Mar 6, 2003Reported Mar 11, 2003
	Health Subcommittee	Referred Feb 14, 2003
	Commerce, Manufacturing, and Trade Subcommittee	Referred Mar 4, 2003Markup Mar 4, 2003Reported Mar 4, 2003

Actions 29

Everything that happened, newest first.

Mar 21, 2003Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.
Mar 20, 2003Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Mar 13, 2003Rule H. Res. 139 passed House.
Mar 13, 2003Considered under the provisions of rule H. Res. 139. (consideration: CR H1817-1871, H1879-1880; text of measure as reported in House: CR H1829-1832)
Mar 13, 2003Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Provides for 80 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce. The rule waives all points of order against consideration of the bill. Measure will be considered read. The rule provides that in lieu of the amendments recommended by the Committees on the Judiciary and on Energy and Commerce now printed in the bill, the amendment in the nature of a substitute printed in the Rules Committee report (H. Rept. 108-34) shall be considered as adopted. The rule provides that H.Res. 126 is laid on...

Show all 29 actions

In the Congressional Record 23

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
House	Debate and remarks H5658, H5784	Michael C. Burgess R-TX	Jul 14, 2004
House	Debate and remarks H5474, H5523, H5524	Jack Kingston R-GA, Michael C. Burgess R-TX	Jul 12, 2004
House	Debate and remarks H2735, H2737	Frank Pallone, Jr. D-NJ, Tom DeLay R-TX	May 11, 2004
House	Debate and remarks H2539	Ginny Brown-Waite R-FL, Phil Gingrey R-GA	May 4, 2004
House	Debate and remarks H1486	Michael C. Burgess R-TX	Mar 25, 2004

Show all 23 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee reports

Congressional Budget Office cost estimates 4

Mar 10, 2003H.R. 5, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on March 5, 2003</p>
Mar 10, 2003H.R. 5, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003<p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on March 6, 2003</p>
Mar 10, 2003H.R. 5, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on March 5, 2003
Mar 10, 2003H.R. 5, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on March 6, 2003

Printed hearings 18

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
—	ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR FISCAL YEAR 2005210 pages	Appropriations Committee	Dec 31, 2004
Serial No. 108-95	PHYSICIAN FEE SCHEDULE: A REVIEW OF THE CURRENT MEDICARE PAYMENT SYSTEM70 pages	Energy and Commerce Committee	May 5, 2004
Serial No. 108-100	A REVIEW OF THE ADMINISTRATION'S FY2005 HEALTH CARE PRIORITIES71 pages	Energy and Commerce Committee	Mar 10, 2004
S. Hrg. 108-650	ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR FISCAL YEAR 2005514 pages	Appropriations Committee	Mar 3, 2004–Apr 20, 2004
Serial No. 108-105	DYING FOR HELP: ARE PATIENTS NEEDLESSLY SUFFERING DUE TO THE HIGH COST OF MEDICAL LIABILITY INSURANCE?227 pages	Oversight and Government Reform Committee	Oct 1, 2003

Show all 18 hearings

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
RL31886	Medical Malpractice Insurance: An Economic Introduction and Review of Historical Experience Archived	Report	Oct 2, 2009

Amendments 1

Amendments offered to this bill.

Amendment	Description	Offered by	Status
HAmdt 6	An amendment in the nature of a substitute considered as adopted pursuant to the provisions of H. Res. 139.	Rules Committee	On agreeing to the Rules amendment (A001) Agreed to without objection.

Related bills 3

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HRES 139	Providing for consideration of the bill (H.R. 5) to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.	Procedurally related	Mar 13, 2003
S 607	HEALTH Act of 2003	Companion bill	Mar 13, 2003
HR 4280	Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2004	Related bill	May 13, 2004

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.
Short Titles as Introduced: Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2003
Short Titles as Reported to House: Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003
Short Titles as Passed House: Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003
Popular Titles: Malpractice Liability bill

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 4

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.