Hearing Information
Meeting Announcement for H.R. 5
Tuesday, March 20, 2012 - 3:00pm in H-313 The Capitol View Announcement »
Amendment Deadline
Monday, March 19, 2012 - 3:00pm View Announcement »
Tuesday, March 20, 2012 - 3:00pm in H-313 The Capitol View Announcement »
Monday, March 19, 2012 - 3:00pm View Announcement »
Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 (Rules Committee Print 112-18, showing text of H.R. 5 as reported by the Committee on the Judiciary and the Committee on Energy and Commerce; and text of H.R. 452 as ordered reported by the Committee on Ways and Means and the Committee on Energy and Commerce, with necessary technical and conforming changes)
Congressional Budget Office Cost Estimate of H.R. 5 PDF
Text of H. Rept. 112-39 Part 1 PDF XML
Report from the Committee on the Judiciary
Text of H. Rept. 112-39 Part 2 PDF XML
Report from the Committee on Energy and Commerce
Text of H. Rept. 112-39 Part 3 PDF XML
Report from the Committee on the Judiciary
Text of H. Rept. 112-412 Part 1 PDF XML
Report from the Committee on Ways and Means
Text of H. Rept. 112-412 Part 2 PDF
Report from the Committee on Energy and Commerce
COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 7-4 on Tuesday, March 20, 2012.
FLOOR ACTION ON H. RES. 591:
Adopted by record vote of 233-182, 1 Present, after agreeing to the previous question by record vote of 231-179, 1 Present, on Wednesday, March 21, 2012.
MANAGERS: Nugent/Hastings
1. Structured rule.
2. Provides six hours of general debate equally divided among and controlled by the respective chairs and ranking minority members of the Committees on Energy and Commerce, the Judiciary, and Ways and Means.
3. Waives all points of order against consideration of the bill.
4. 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 and shall be considered as read.
5. Waives all points of order against amendments printed in the report.
6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against amendments printed in the report.
8. Provides one motion to recommit with or without instructions.
# | Version # | Sponsor(s) | Party | Summary | Status |
---|---|---|---|---|---|
21 | Version 1 | Bonamici (OR) | Democrat | Late Would delay date of enactment until Secretary of Health and Human Services submits to Congress a report on the potential effect of this title on health care premiums. | Made In Order |
10 | Version 1 | Broun (GA) | Republican | Would strike the provisions of the bill relating to medical liability reform and insert the text of H.R. 4160, the State Health Flexibility Act. It would also freeze the current physician payment level under Medicare for two years. | Submitted |
11 | Version 1 | Broun (GA) | Republican | Would limit the portions of the bill related to medical liability reform only to claims stemming from care paid for solely by federal programs. | Submitted |
12 | Version 1 | Broun (GA), Terry (NE), Johnson, Timothy (IL) | Republican | Would remove the portions of the bill relating to medical liability reform. | Submitted |
2 | Version 1 | Cohen (TN) | Democrat | Would exempt from damage limitations any health care lawsuits based on leaving a foreign object inside a patient or performing a procedure on the wrong patient or body part. | Submitted |
20 | Version 1 | Conyers (MI), Waters (CA) | Democrat | Late Would restore the application of antitrust laws to the business of medical malpractice insurance. | Submitted |
9 | Version 1 | DeFazio (OR) | Democrat | Would amend the McCarran-Ferguson Act to provide that nothing in that Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. Would apply prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit. | Submitted |
19 | Version 1 | DeGette (CO), Chu (CA) | Democrat | Late Would deny the protections from a health care liability claim against a health care organization in the underlying bill to the extent such claim is based on an act or omission constituting a violation of the Patient Protection and Affordable Care Act. | Submitted |
5 | Version 1 | Dent (PA), Sessions (TX) | Republican | Would address the crisis in access to emergency care by extending liability coverage to on-call and emergency room physicians under the Public Health Service Act. | Made In Order |
3 | Version 2 | Deutch (FL) | Democrat | Revised Would exempt from the scope of the bill’s coverage intentional acts unrelated to medical malpractice, including crimes like sexual assault of a patient. | Submitted |
4 | Version 4 | Gosar (AZ) | Republican | Revised Would restore the application of antitrust laws to the business of health insurance by amending the McCarran-Ferguson Act. | Made In Order |
1 | Version 1 | Hastings, Alcee (FL) | Democrat | Would strike Title II (Repeal of the Independent Payment Advisory Board). | Made In Order |
14 | Version 1 | Jackson Lee (TX), Quigley (IL), Johnson, Hank (GA) | Democrat | Would provide an exemption for health care lawsuits for irreversible injury. | Submitted |
6 | Version 1 | Johnson, Hank (GA), Braley (IA) | Democrat | Would specify that nothing in the bill shall preempt any applicable State constitutional provision. | Submitted |
18 | Version 1 | Nadler (NY) | Democrat | Late Would narrow the coverage of the bill so that it would protect only individual medical practitioners an individual required by a State or Federal laws or regulations to be licenses, registered, or certified to provide health care services, and being either so licensed, registered or certified, or excepted from such requirement by other statute or regulation. It would exclude insurance companies, Health Maintenance Organizations, medical equipment manufacturers, pharmaceutical companies and other non-individual entities. It would apply only to the practice of medicine and not to other aspects of the health care industry. | Submitted |
13 | Version 1 | Perlmutter (CO) | Democrat | Would allow each State to opt in to the provisions of Title I, no later than 90 days after enactment of the title. | Submitted |
7 | Version 1 | Poe (TX) | Republican | Would prevent the provisions of H.R. 5 from preempting any State law that is in effect on the date of enactment of the bill. | Submitted |
8 | Version 1 | Stearns (FL), Matheson (UT) | Bi-Partisan | Would grant limited civil liability protection to health professionals that volunteer at federally declared disaster sites. | Made In Order |
15 | Version 1 | Wasserman Schultz (FL) | Democrat | Would extend the time period for filing a claim, also referred to as a statute of limitations, for children who are victims of a doctor’s assault or negligence. | Submitted |
16 | Version 1 | Wasserman Schultz (FL) | Democrat | Would exempt children from the damages caps in the bill. In particular it would exempt children from the non-economic and punitive damages caps and the fair share rule which does away with joint and several liability. | Submitted |
17 | Version 1 | Waters (CA) | Democrat | Withdrawn Would exempt negligent medical product manufacturers from the punitive damage immunity afforded to them by HR 5. | Withdrawn |
22 | Version 1 | Woodall (GA) | Republican | Late Would strike the findings in Title I. | Made In Order |
Motion by Ms. Slaughter to amend the rule to H.R. 5 To report an open rule. Defeated: 4–6.
Motion by Mr. Hastings of Florida to amend the rule to H.R. 5 to make in order and provide the appropriate waivers for amendment #6 offered by Rep. Johnson (GA) and Rep. Braley (IA), which would specify that nothing in the bill shall preempt any applicable State constitutional provision; and amendment #7 offered by Rep. Poe (TX), #7, which would prevent the provisions of H.R. 5 from preempting any State law that is in effect on the date of enactment of the bill. Defeated: 4–7.
Motion by Ms. Slaughter to amend the rule to H.R. 5 to make in order and provide the appropriate waivers for amendment #19 offered by Rep. DeGette (CO) which would deny the protections from a health care liability claim against a health care organization in the underlying bill to the extent such claim is based on an act or omission constituting a violation of the Patient Protection and Affordable Care Act. Defeated: 4–7.
Motion by Ms. Foxx to amend the rule to H.R. 5 to report the rule. Adopted: 7-4.