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Senate Rejects Medical Care Access Protection Act (S. 22) and Healthy Mothers and Healthy Babies Act (S. 23)
May 10, 2006 – The Senate yesterday was unable to muster the 60 votes needed to invoke cloture and permit a vote on two Republican-sponsored bills that would limit non-economic damages in medical liability cases. The votes on the Medical Care Access Protection Act (S. 22) and Healthy Mothers and Healthy Babies Act (S. 23) failed by 48-42 and 49-44, respectively.
“Even though the Senate failed to obtain a simple majority in favor of medical liability reform, most of the nation’s hospitals continue to face skyrocketing medical liability insurance costs,” said Curtis Rooney, AHA senior associate director and counsel. “As a consequence, physicians, especially those providing specialized care, are being forced to curtail services, retire early, move to a state with medical liability reform or simply abandon their practices altogether.” In addition to limiting non-economic damages, the bills include a “fair share” rule limiting liability based on fault, allow for periodic payment of damages and limit attorneys' fees.