Mr. Speaker, I yield myself such time as I may consume. (Mr. HASTINGS of Florida asked and was given permission to revise and extend his remarks.) Mr. Speaker, let me say to the gentleman from New York (Mr. Reynolds) that the gentleman and…
Mr. Speaker, I yield myself such time as I may consume.
(Mr. HASTINGS of Florida asked and was given permission to revise and extend his remarks.)
Mr. Speaker, let me say to the gentleman from New York (Mr. Reynolds) that the gentleman and I handled this measure last fall when this bill was brought to the floor. It was a bad bill then, and it is a bad bill now. I also want to clear up something about so-called unnecessary lawsuits. There are penalties for lawyers who bring frivolous claims into any courtroom; thus, I theorize that the majority evidently does not understand that particular distinction.
Mr. Speaker, I rise today in strong opposition to this closed rule for H.R. 5. This legislation requires a full and open debate. The closed rule is abhorrent and cowardly. It denies the opportunity for free and fruitful discussion that would uncover all this legislation's deficiencies.
The current Committee on Rules chairman, the gentleman from California (Mr. Dreier), said in 1994 when a Member of the minority, and referring to the Democratic members of the Committee on Rules, ``But we should have a structure which allows Members to participate more than they do now, and that it is again underscoring Lord Acton's very famous line that power corrupts, and absolute power corrupts absolutely. The arrogance of power with which they prevent Members, rank-and-file Democrats and Republicans, from being able to offer amendments, that is what really creates the outrage here.''
That was the gentleman from California (Mr. Dreier), and outrage continues in the minority today. If the majority alleges that Democrats were wrong in utilizing the closed rule when we were in the majority, why not be the bigger party and end the practice? Why the political games, or is it simply more fun to be principled when it is convenient?
There is no question that medical liability insurance rates are out of control. Consequently, fine doctors, as well as other health care providers, often do not properly attend to patients. However, the underlying bill will not relieve doctors of high malpractice insurance premiums. I am focused on giving Americans quality health care, as all of my colleagues are, not increasing profits for the health insurance industry; and there are good proposals to correct the situation. H.R. 5 is not one of them.
Instead of protecting patients, H.R. 5 protects HMOs and big insurance companies. The so-called HEALTH Act of 2003 addresses the health of the health care industry and not that of physicians and patients. H.R. 5 is bad legislation; but like perennial flowers, its contents sprout every Congress, replenishing the coffers of its supporters. HMOs and big health insurers should not receive special treatment. They are not above the law. Nor should they be exempt from new legislation simply because they contributed millions of dollars in the last two election cycles.
H.R. 5 applies to medical malpractice, medical products, nursing homes, and health insurance claims because its supporters' true concern is not the suffering of patients or victims. Instead, H.R. 5 advocates want immunization from the consequences of irresponsible civil behavior.
The top priority in reforming America's health care system should be reducing the shameful number of preventable medical errors that kill nearly 100,000 hospital patients a year.
Wrong-doers must remain accountable. When a stay-at-home mom dies or a child dies or a senior citizen suffers irreparable harm, there is no economic loss because it is impossible to prove damages from loss of income. H.R. 5 takes away compensation for parents who lose children, husbands who lose wives, children who lose parents, and patients who lose limbs, eyesight and other very real losses that are not easily measured in terms of money.
Despite a wide consensus, skyrocketing premiums are not due to bad politics. The malpractice insurance market is having a predicament because of the insurance industry. The other side of the aisle claims that the lure of big wins prompts many to file frivolous lawsuits. But, in fact, victims are already at a disadvantage. Two-thirds of patients who file a claim do not get a dime. About 61 percent of cases are dismissed or dropped, and 32 percent are settled; and too many of them are on the courthouse steps when they could have been settled earlier. Only 7 percent of all cases go to trial.
Patients prevail in only one in five of the cases that are tried. These are pretty staggering odds against the victims.
The American people would know these truths if their Representatives could expose the selective use of data and statistics that the majority uses in supporting H.R. 5. One classic example would be the notion that in California, after 1975, premiums went down. Well, they did not go down until California reformed the insurance laws. It did not go down. It went up progressively for 12 years.
But under today's closed rule, the majority is committing the greatest form of political malpractice. When the majority has finished bullying its members into voting the party line today, the American people will not only be barred from seeking compensation when a doctor transplants an incorrect organ but they will realize that with closed rules as the order of business, they cannot even seek compensation in the People's House.
For example, if this bill were current law, no experienced trial lawyer would take the case of the young Mexican girl who lost her life at Duke University. The case would be complex, obviously, and expensive to put on, there would be no economic damages, and the maximum noneconomic award would be $250,000. H.R. 5 treats the health care insurance businesses as the victims, and that is unacceptable.
The consequences of an injury are highly subjective and affect different people in vastly different ways. Put another way, how much is my arm worth? How much is your leg worth? This one-size-fits-all solution contradicts the
promise of individualized justice and objectifies victims and the uniqueness of their suffering. Different States have different experiences with medical malpractice insurance and insurance remains a largely State-regulated industry. The $250,000 cap that must have been taken out of somebody's cap as a reason for going forward takes away juries' abilities in our States to determine the appropriate level of compensation for people who suffer grievous injuries at the hands of their health care providers. The majority does not trust the people to defend its political contributors.
Al Hunt of the Wall Street Journal quoted a Republican lawyer from Houston as asking, ``Why are juries okay to take a man's life on the criminal side but are not competent to put a dollar value on an innocent victim's life on the civil side?'' That is shameful. H.R. 5 is a health care immunity act that does not benefit physicians and victimizes patients.
When Democrats were in the majority, Republicans complained time after time that closed rules were unfair. On all of the radio infrastructure, we heard closed rules were unfair, unpatriotic and contrary to the goals of the framers. However, in more than 8 years that Republicans have been in the majority, closed rules are preferred and ruling with an iron fist is the practice. I am in strong opposition to this closed rule and the underlying bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 30 seconds.
In response to my good friend and colleague regarding the fairness and openness and the 1 hour of debate, 31 amendments were offered last night in the Committee on Rules and my good friend the gentleman from New York (Mr. Reynolds) and I were there. Not one, not one, was permitted. What is fair about that?
In response to Dr. Weldon's defensive medicine argument, some people claim that billions of dollars are being wasted on so-called defensive medicine. Our own Congressional Budget Office has concluded that the idea of defensive medicine is uncertain and hypothetical. You can find that on page 74 of House Report 108-32.
Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Frost), the distinguished ranking member of the Committee on Rules.
(Mr. FROST asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 10 seconds.
Mr. Speaker, there is a recent study reported in USA Today of medical malpractice insurance that concluded that,
on average, doctors still spend less on malpractice insurance, 3.2 percent of their revenue, than on rent. I offer that for the gentleman from Kentucky (Mr. Fletcher).
Mr. Speaker, I yield 3 minutes to my good friend, the gentleman from Maryland (Mr. Hoyer), the distinguished Democratic whip.
Mr. Speaker, I am pleased to yield 2\1/4\ minutes to my good friend, the gentlewoman from New York (Ms. Slaughter), who is an expert in this area, with a Master's of Public Health.
Mr. Speaker, would the Chair announce the remaining time on both sides, please?
Mr. Speaker, I am pleased and privileged to yield 3 minutes to my good friend, the gentleman from Michigan (Mr. Dingell), the dean of the House, who I think can speak to both substance and process.
(Mr. DINGELL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I would remind the distinguished chairman, my friend, that we did have 31 amendments last night; none of them have been allowed to come to the floor.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Virginia (Mr. Scott), my very good friend.
(Mr. SCOTT of Virginia asked and was given permission to revise and extend his remarks and include extraneous material.)
Mr. Speaker, how much time is remaining on both sides?
Mr. Speaker, I yield 1 minute to my good friend, the gentlewoman from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Massachusetts (Mr. Delahunt), who has studied this problem long-standing as an attorney.
Mr. Speaker, I would say to the gentleman from Nevada (Mr. Porter), the gentlewoman from Nevada (Ms. Berkley), who is married to a physician, does not find that H.R. 5 is going to remedy her husband's problem.
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from California (Mrs. Capps), who is a registered nurse and has seen what we are talking about.
Mr. Speaker, I yield 1 minute to the gentlewoman from Nevada (Ms. Berkley), my friend, who is an attorney married to a physician, who has studied this problem actively and carefully over a period of time, coming from a State with dramatic problems.
(Ms. BERKLEY asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Edwards) and then I will be prepared to close.
Mr. Speaker, I yield myself the remaining time.
Mr. Speaker, if the previous question is defeated, I will offer an amendment to the rule. My amendment will allow the House to consider the Conyers-Dingell substitute to the medical malpractice bill. My amendment will give Members an opportunity to vote on this substitute which, unlike the majority, takes a comprehensive approach to rising medical malpractice insurance premiums. It takes steps to weed out frivolous lawsuits. It requires insurance companies to pass their savings on to health care providers, and it provides targeted assistance to the physicians and communities who need it most.
Let me make it clear that a ``no'' vote on the previous question will not stop consideration of this bill. A ``no'' vote will allow the House to consider and get a vote on the Conyers-Dingell substitute. However, a ``yes'' vote on the previous question will shut out any opportunity for a vote on the substitute. I urge a ``no'' vote on the previous question.
Mr. Speaker, I ask unanimous consent that the text of the amendment and a description be printed in the Record immediately prior to the vote on the previous question, on which I urge a ``no'' vote on the base rule.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I demand a recorded vote.