Protecting Access to Healthcare Act

Fact Sheet API

Bill Number

HR 5

Introduced

Jan 24, 2011

Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.

Sponsor

Cosponsors

Topics

Advisory bodies Alternative dispute resolution, mediation, arbitration Civil actions and liability Competition and antitrust Disaster relief and insurance Drug safety, medical device, and laboratory regulation Emergency medical services and trauma care Evidence and witnesses Federal preemption Health Health care costs and insurance Health care coverage and access Health care quality Health facilities and institutions Health personnel Health promotion and preventive care Health technology, devices, supplies Insurance industry and regulation Judicial procedure and administration Lawyers and legal services Medicare Prescription drugs Product safety and quality Social work, volunteer service, charitable organizations

Full Text

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Votes

Summary

Protecting Access to Healthcare Act - Title I: HEALTH Act - Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2012 - (Sec. 101) Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce.

(Sec. 103) Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.

(Sec. 104) Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.

(Sec. 105) Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.

(Sec. 106) Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer, and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.

Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards.

(Sec. 107) Provides for periodic payments of future damage awards.

(Sec. 110) Declares that this title does not: (1) preempt or supersede any state or federal law that imposes greater procedural or substantive protections for health care providers or health care organizations from liability, loss, or damages than those provided by this title; or (2) create a cause of action. Declares that this title shall not be construed to preempt: (1) any state law that specifies a particular monetary amount of compensatory or punitive damages that may be awarded in a health care lawsuit, or (2) any defense available to a party in a health care lawsuit under any other provision of state or federal law.

Title II: Repeal of Independent Payment Advisory Board - Medicare Decisions Accountability Act of 2012 - (Sec. 202) Repeals sections of the Patient Protection and Affordable Care Act (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board (IPAB) to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending.

Title III: Health Care Safety Net Enhancement - Health Care Safety Net Enhancement Act of 2012 - (Sec. 302) Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2012.

Title IV: Restoring the Application of Antitrust Laws to Health Sector Insurers - Health Insurance Industry Fair Competition Act of 2012 - (Sec. 402) Provides that nothing in the McCarran-Ferguson Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. Applies prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit.

Title V: Protections for Good Samaritan Health Professionals - Good Samaritan Health Professionals Act of 2012 - (Sec. 502) Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug.

Places on the plaintiff in any civil action or proceeding against a health care professional the burden of proving by clear and convincing evidence that the limitation of liability under this title does not apply.

Actions

Apr 16, 2012

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.
Mar 29, 2012

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Mar 28, 2012

Message on Senate action sent to the House.
Mar 27, 2012

Senate returned papers to House by Unanimous Consent.
Mar 26, 2012

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 338.
Mar 22, 2012

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Mar 22, 2012

Motion to reconsider laid on the table Agreed to without objection.
Mar 22, 2012

On passage Passed by recorded vote: 223 - 181, 4 Present (Roll no. 126).
Mar 22, 2012

Passed/agreed to in House: On passage Passed by recorded vote: 223 - 181, 4 Present (Roll no. 126).
Mar 22, 2012

On motion to recommit with instructions Failed by recorded vote: 180 - 229, 2 Present (Roll no. 125). (consideration: CR H1518)
Mar 22, 2012

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1517)
Mar 22, 2012

DEBATE - The House proceeded with 10 minutes of debate on the Loebsack motion to recommit with instructions. The instructions contained in the motion seek to require the bill be reported back to the House with an amendment to prohibit ending the Medicare guarantee, turning Medicare into a voucher program, and increasing costs and reducing benefits for seniors and people with disabilities.
Mar 22, 2012

Mr. Loebsack moved to recommit with instructions to Ways and Means and Energy and Commerce. (consideration: CR H1516-1518; text: CR H1516)
Mar 22, 2012

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H1501-1503)
Mar 22, 2012

The previous question was ordered pursuant to the rule. (consideration: CR H1515)
Mar 22, 2012

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.
Mar 22, 2012

POSTPONED PROCEEDINGS - At the conclusion of debate on the Stearns amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Stearns demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 22, 2012

DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Stearns amendment.
Mar 22, 2012

DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Gosar amendment.
Mar 22, 2012

DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment.
Mar 22, 2012

POSTPONED PROCEEDINGS - At the conclusion of debate on the Bonamici amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Bonamici demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 22, 2012

DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Bonamici amendment.
Mar 22, 2012

POSTPONED PROCEEDINGS - At the conclusion of debate on the Woodall amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mar 22, 2012

DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Woodall amendment.
Mar 22, 2012

The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Mar 22, 2012

Considered as unfinished business. (consideration: CR H1501-1519)
Mar 21, 2012

Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
Mar 21, 2012

On motion to rise Agreed to by voice vote.
Mar 21, 2012

Mr. Smith (TX) moved that the Committee rise.
Mar 21, 2012

GENERAL DEBATE - The Committee of the Whole proceeded with six hours of general debate on H.R. 5.
Mar 21, 2012

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 591 and Rule XVIII.
Mar 21, 2012

The Speaker designated the Honorable Lynn A. Westmoreland to act as Chairman of the Committee.
Mar 21, 2012

Rule provides for consideration of H.R. 5 with 6 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-18 shall be considered as adopted and the bill, as amended, shall be considered as original text for the purpose of amendment. The resolution waives all points of order against provisions in the bill, as amended.
Mar 21, 2012

Considered under the provisions of rule H. Res. 591. (consideration: CR H1453-1490)
Mar 21, 2012

Rule H. Res. 591 passed House.
Mar 20, 2012

Rules Committee Resolution H. Res. 591 Reported to House. Rule provides for consideration of H.R. 5 with 6 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-18 shall be considered as adopted and the bill, as amended, shall be considered as original text for the purpose of amendment. The resolution waives all points of order against provisions in the bill, as amended.
Mar 16, 2012

Supplemental report filed by the Committee on Judiciary, H. Rept. 112-39, Part III.
May 23, 2011

Placed on the Union Calendar, Calendar No. 47.
May 23, 2011

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-39, Part II.
May 13, 2011

House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 23, 2011.
May 11, 2011

Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 20.
May 11, 2011

Committee Consideration and Mark-up Session Held.
May 10, 2011

Committee Consideration and Mark-up Session Held.
Mar 17, 2011

House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 13, 2011.
Mar 17, 2011

Reported (Amended) by the Committee on Judiciary. H. Rept. 112-39, Part I.
Feb 16, 2011

Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
Feb 16, 2011

Committee Consideration and Mark-up Session Held.
Feb 9, 2011

Committee Consideration and Mark-up Session Held.
Jan 24, 2011

Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Jan 24, 2011

Introduced in House

Amendments

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