US HB5 | 2011-2012 | 112th Congress
Status
Spectrum: Partisan Bill (Republican 133-2)
Status: Engrossed on March 22 2012 - 50% progression, died in chamber
Action: 2012-04-16 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.
Text: Latest bill text (Introduced) [PDF]
Status: Engrossed on March 22 2012 - 50% progression, died in chamber
Action: 2012-04-16 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.
Text: Latest bill text (Introduced) [PDF]
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.
Title
Protecting Access to Healthcare Act
Sponsors
Roll Calls
2012-03-22 - House - On Passage (Y: 223 N: 181 NV: 27 Abs: 0) [PASS]
2012-03-22 - House - On Motion to Recommit with Instructions (Y: 180 N: 229 NV: 22 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 251 N: 157 NV: 23 Abs: 0) [PASS]
2012-03-22 - House - On Agreeing to the Amendment (Y: 179 N: 228 NV: 24 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 234 N: 173 NV: 24 Abs: 0) [PASS]
2012-03-22 - House - On Passage (Y: 223 N: 181 NV: 27 Abs: 0) [PASS]
2012-03-22 - House - On Motion to Recommit with Instructions (Y: 180 N: 229 NV: 22 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 251 N: 157 NV: 23 Abs: 0) [PASS]
2012-03-22 - House - On Agreeing to the Amendment (Y: 179 N: 228 NV: 24 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 234 N: 173 NV: 24 Abs: 0) [PASS]
2012-03-22 - House - On Motion to Recommit with Instructions (Y: 180 N: 229 NV: 22 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 251 N: 157 NV: 23 Abs: 0) [PASS]
2012-03-22 - House - On Agreeing to the Amendment (Y: 179 N: 228 NV: 24 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 234 N: 173 NV: 24 Abs: 0) [PASS]
2012-03-22 - House - On Passage (Y: 223 N: 181 NV: 27 Abs: 0) [PASS]
2012-03-22 - House - On Motion to Recommit with Instructions (Y: 180 N: 229 NV: 22 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 251 N: 157 NV: 23 Abs: 0) [PASS]
2012-03-22 - House - On Agreeing to the Amendment (Y: 179 N: 228 NV: 24 Abs: 0) [FAIL]
2012-03-22 - House - On Agreeing to the Amendment (Y: 234 N: 173 NV: 24 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2012-04-16 | House | Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353. |
| 2012-03-29 | House | Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. |
| 2012-03-28 | Senate | Message on Senate action sent to the House. |
| 2012-03-27 | Senate | Senate returned papers to House by Unanimous Consent. |
| 2012-03-26 | Senate | Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 338. |
| 2012-03-22 | Senate | Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. |
| 2012-03-22 | House | Motion to reconsider laid on the table Agreed to without objection. |
| 2012-03-22 | House | On passage Passed by recorded vote: 223 - 181, 4 Present (Roll no. 126). |
| 2012-03-22 | House | On motion to recommit with instructions Failed by recorded vote: 180 - 229, 2 Present (Roll no. 125). (consideration: CR H1518) |
| 2012-03-22 | House | The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1517) |
| 2012-03-22 | House | 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. |
| 2012-03-22 | House | Mr. Loebsack moved to recommit with instructions to Ways and Means and Energy and Commerce. (consideration: CR H1516-1518; text: CR H1516) |
| 2012-03-22 | House | 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) |
| 2012-03-22 | House | The previous question was ordered pursuant to the rule. (consideration: CR H1515) |
| 2012-03-22 | House | The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5. |
| 2012-03-22 | House | H.AMDT.991 On agreeing to the Stearns amendment (A005) Agreed to by recorded vote: 251 - 157, 1 Present (Roll no. 124). |
| 2012-03-22 | House | H.AMDT.988 On agreeing to the Bonamici amendment (A002) Failed by recorded vote: 179 - 228, 1 Present (Roll no. 123). |
| 2012-03-22 | House | H.AMDT.987 On agreeing to the Woodall amendment (A001) Agreed to by recorded vote: 234 - 173, 2 Present (Roll no. 122). |
| 2012-03-22 | House | 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. |
| 2012-03-22 | House | DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Stearns amendment. |
| 2012-03-22 | House | H.AMDT.991 Amendment (A005) offered by Mr. Stearns. (consideration: CR H1511-1513, H1515; text: CR H1511)Amendment to grant limited civil liability protection to health professionals that volunteer at federally declared disaster sites. |
| 2012-03-22 | House | H.AMDT.990 On agreeing to the Gosar amendment (A004) Agreed to by voice vote. |
| 2012-03-22 | House | DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Gosar amendment. |
| 2012-03-22 | House | H.AMDT.990 Amendment (A004) offered by Mr. Gosar. (consideration: CR H1509-1511; text: CR H1509)Amendment restores the application of antitrust laws to the business of health insurance by amending the McCarran-Ferguson Act. |
| 2012-03-22 | House | H.AMDT.989 On agreeing to the Dent amendment (A003) Agreed to by voice vote. |
| 2012-03-22 | House | DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment. |
| 2012-03-22 | House | H.AMDT.989 Amendment (A003) offered by Mr. Dent. (consideration: CR H1507-1509; text: CR H1507-1508)Amendment protects access to emergency room care and reduces health care costs by extending liability coverage to on-call and emergency room physicians under the Public Health Service Act. |
| 2012-03-22 | House | 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. |
| 2012-03-22 | House | DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Bonamici amendment. |
| 2012-03-22 | House | H.AMDT.988 Amendment (A002) offered by Ms. Bonamici. (consideration: CR H1505-1507, H1514-1515; text: CR H1505)Amendment sought to delay the date of enactment until the Secretary of Health and Human Services submits to Congress a report on the potential effect of this title on health care premiums. |
| 2012-03-22 | House | 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. |
| 2012-03-22 | House | DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Woodall amendment. |
| 2012-03-22 | House | H.AMDT.987 Amendment (A001) offered by Mr. Woodall. (consideration: CR H1504-1505, H1513-1514; text: CR H1504)Amendment strikes the findings section of the bill. |
| 2012-03-22 | House | The House resolved into Committee of the Whole House on the state of the Union for further consideration. |
| 2012-03-22 | House | Considered as unfinished business. (consideration: CR H1501-1519) |
| 2012-03-21 | House | Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business. |
| 2012-03-21 | House | On motion to rise Agreed to by voice vote. |
| 2012-03-21 | House | Mr. Smith (TX) moved that the Committee rise. |
| 2012-03-21 | House | GENERAL DEBATE - The Committee of the Whole proceeded with six hours of general debate on H.R. 5. |
| 2012-03-21 | House | House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 591 and Rule XVIII. |
| 2012-03-21 | House | The Speaker designated the Honorable Lynn A. Westmoreland to act as Chairman of the Committee. |
| 2012-03-21 | 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. |
| 2012-03-21 | House | Considered under the provisions of rule H. Res. 591. (consideration: CR H1453-1490) |
| 2012-03-21 | House | Rule H. Res. 591 passed House. |
| 2012-03-20 | House | 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. |
| 2012-03-16 | House | Supplemental report filed by the Committee on Judiciary, H. Rept. 112-39, Part III. |
| 2011-05-23 | House | Placed on the Union Calendar, Calendar No. 47. |
| 2011-05-23 | House | Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-39, Part II. |
| 2011-05-13 | House | House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 23, 2011. |
| 2011-05-11 | House | Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 20. |
| 2011-05-11 | House | Committee Consideration and Mark-up Session Held. |
| 2011-05-10 | House | Committee Consideration and Mark-up Session Held. |
| 2011-03-17 | House | House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 13, 2011. |
| 2011-03-17 | House | Reported (Amended) by the Committee on Judiciary. H. Rept. 112-39, Part I. |
| 2011-02-16 | House | Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15. |
| 2011-02-16 | House | Committee Consideration and Mark-up Session Held. |
| 2011-02-09 | House | Committee Consideration and Mark-up Session Held. |
| 2011-01-24 | House | Referred to House Energy and Commerce |
| 2011-01-24 | House | Referred to House Judiciary |
| 2011-01-24 | House | 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. |
Same As/Similar To
SB12 (Related) 2011-01-25 - Read twice and referred to the Committee on Finance.
SB218 (Same As) 2011-01-27 - Read twice and referred to the Committee on the Judiciary.
SB1099 (Related) 2011-05-26 - Read twice and referred to the Committee on the Judiciary.
HR591 (Related) 2012-03-21 - Motion to reconsider laid on the table Agreed to without objection.
HR596 (Related) 2012-03-27 - Motion to reconsider laid on the table Agreed to without objection.
HB3682 (Related) 2012-03-29 - Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
HB5652 (Related) 2012-05-15 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 398.
SB3473 (Related) 2012-08-01 - Read twice and referred to the Committee on Finance.
HB6389 (Related) 2012-09-19 - Referred to the Subcommittee on the Constitution.
SB218 (Same As) 2011-01-27 - Read twice and referred to the Committee on the Judiciary.
SB1099 (Related) 2011-05-26 - Read twice and referred to the Committee on the Judiciary.
HR591 (Related) 2012-03-21 - Motion to reconsider laid on the table Agreed to without objection.
HR596 (Related) 2012-03-27 - Motion to reconsider laid on the table Agreed to without objection.
HB3682 (Related) 2012-03-29 - Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
HB5652 (Related) 2012-05-15 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 398.
SB3473 (Related) 2012-08-01 - Read twice and referred to the Committee on Finance.
HB6389 (Related) 2012-09-19 - Referred to the Subcommittee on the Constitution.
Subjects
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 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
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 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
