Official Bill Info

• Latest Action: Apr 16, 2012 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.

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• Committee Assignment: House Judiciary

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  This bill has been assigned to the House Judiciary committee.
• Committee Assignment: House Energy and Commerce

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  This bill has been assigned to the House Energy and Commerce committee.
• Committee Assignment: House Energy and Commerce - Health

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  This bill has been assigned to the House Energy and Commerce - Health committee.
This bill's most-recent vote occurred on March 22, 2012, with a roll call of 223 ayes, 181 nays, and 23 not voting.
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This bill's most-recent vote occurred on March 22, 2012, with a roll call of 223 ayes, 181 nays, and 23 not voting.

Bill Statistics on OpenCongress

Contribution Data

Supporting Organizations

• American Medical Association

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• American Academy of Neurology

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• American Psychiatric Association

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• Society of Hospital Medicine

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• Physician Insurers Association of America

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• American Medical Directors Association

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• Medical Society of the State of New York

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• American Hospital Association

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• U. S. Chamber of Commerce

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• American College of Radiology

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• American Osteopathic Association

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• American College of Surgeons

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• American Dental Association

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• Federation of American Hospitals

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• American Insurance Association

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• National Association of Health Underwriters

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• American Society of Anesthesiologists

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• American Association of Nurse Anesthetists

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• American Society of Plastic Surgeons

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• Healthcare Leadership Council

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• American Tort Reform Association

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• American Congress of Obstetricians and Gynecologists

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• Cooperative of American Physicians

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• American Academy of Otolaryngology

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• American College of Cardiology

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• American Academy of Facial, Plastic and Reconstructive Surgery

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• American Academy of Physical Medicine and Rehabilitation

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• American Association of Neurological Surgeons / Congress of Neurological Surgeons

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• American College of Osteopathic Surgeons

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• American Osteopathic Academy of Orthopedics

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• America’s Blood Centers

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• Californians Allied for Patient Protection

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• COPIC Insurance Company

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• MAG Mutual Insurance Company

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• Medical Assurance Company of MS

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• Medical Insurance Exchange of California

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• Medical Liability Mutual Insurance Company

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• Medical Protective Company

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• NORCAL Mutual Insurance Company

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• Physicians Insurance, A Mutual Company

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• Piedmont Liability Trust

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• PMSLIC Insurance Company

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• Premier Health Alliance

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• ProAssurance

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• Society of American Gastrointestinal and Endoscopic Surgeons

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• State Volunteer Mutual Insurance Company

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• Texas Medical Liability Trust

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• Pennsylvania Medical Society

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• Health Coalition on Liability and Access

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• American Academy of Ophthalmology

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• American Academy of Orthopaedic Surgeons

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• The Doctors Company

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Opposing Organizations

• Consumer Watchdog

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• Center for a Just Society

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• Autism Action Coalition

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• National Conference of State Legislatures

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• Public Citizen

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• National Consumer Voice for Quality Long-Term Care

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• American Association for Justice

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  I know that the organization American Association for Justice opposes H.R.5

Most-commented sections of the bill text

Highest Rated User Comments

• On September 17, 2011, by LupronVictim - Please see important info, letter: www.opencongress.org/contact_congress_letters/3048-Oppose-H-R-5-a-Fool-s-License-for-Industry-More-Victims-Costs-Suffering Please STOP this horrible H.R. 5 bill, so called "HEALTH Act 2011", an unreasonable risk to our health care, an elimination of our 7th Amendment Right, safety and freedom. The bill would give full immunity to tortfeasors, like Abbott Laboratories (Abbott/TAP convicted criminals) and significantly increase health care costs and safety risks. Harm by H.R. 5 Bill to All Americans: 1) Immunity, Handout for Wrongdoers in Medical Industry – Fool's License = Unsafe, More Victims - Disabled Victims of Doctors - Medical Malpractice and Dangerous Drugs - Irresponsible Greedy Pharma / Victims Never Get Fair Compensation - Zero Punitive Damages / Creates Lifetime Dependency On Government Payments / Severe Burden On Tax Funded Programs 2) Anti Patient Bill of Rights & Unconstitutional - Against 7th Amendment Right etc. see letter for info

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  As noted by LupronVictim, a user on OpenCongress.org, on September 17, 2011, "Please see important info, letter: www.opencongress.org/contact_congress_letters/3048-Oppose-H-R-5-a-Fool-s-License-for-Industry-More-Victims-Costs-Suffering Please STOP this horrible H.R. 5 bill, so called "HEALTH Act 2011", an unreasonable risk to our health care, an elimination of our 7th Amendment Right, safety and freedom. The bill would give full immunity to tortfeasors, like Abbott Laboratories (Abbott/TAP convicted criminals) and significantly increase health care costs and safety risks. Harm by H.R. 5 Bill to All Americans: 1) Immunity, Handout for Wrongdoers in Medical Industry – Fool's License = Unsafe, More Victims - Disabled Victims of Doctors - Medical Malpractice and Dangerous Drugs - Irresponsible Greedy Pharma / Victims Never Get Fair Compensation - Zero Punitive Damages / Creates Lifetime Dependency On Government Payments / Severe Burden On Tax Funded Programs 2) Anti Patient Bill of Rights & Unconstitutional - Against 7th Amendment Right etc. see letter for info"
• On March 14, 2012, by Andromachos - I think doctors and medical facilities should be able to injure us through their carelessness (because doctors and staff at hospitals are people, too) with absolutely not a care in the world. I mean if a doctor came to work drunk or left a scalpel inside me, or prescribed a contraindicated medication that injured me for life, I would not want that doctor to lose a night's sleep over the possibility that he may have to pay for the error. Doctors and hospitals, like you and I, must be prepared to compensate the injured for the part of the victim's life that is taken away. Without that spectre of compensation, what other than personal pride (which some lack) is a motivator to do things correctly?

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  As noted by Andromachos, a user on OpenCongress.org, on March 14, 2012, "I think doctors and medical facilities should be able to injure us through their carelessness (because doctors and staff at hospitals are people, too) with absolutely not a care in the world. I mean if a doctor came to work drunk or left a scalpel inside me, or prescribed a contraindicated medication that injured me for life, I would not want that doctor to lose a night's sleep over the possibility that he may have to pay for the error. Doctors and hospitals, like you and I, must be prepared to compensate the injured for the part of the victim's life that is taken away. Without that spectre of compensation, what other than personal pride (which some lack) is a motivator to do things correctly? "
• On June 02, 2011, by jobanygarcia - I support this bill because it will cut premium cost for families and put a cap on out of pocket payments. 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. It will greatly improve patinet access to healthcare. I will improve the cost-effectiveness of our current health care.

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  As noted by jobanygarcia, a user on OpenCongress.org, on June 02, 2011, "I support this bill because it will cut premium cost for families and put a cap on out of pocket payments. 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. It will greatly improve patinet access to healthcare. I will improve the cost-effectiveness of our current health care."

Highly Rated Blog Articles

• Obamacare Decision Suggests US Malpractice Bill Unconstitutional - July 29, 2012 by Rob Natelson - Under Title 1 of H.R. 5 (the so-called HEALTH ACT), Congress would assume expansive authority over state court procedures. The bill requires state judges and juries to adopt federal standards of proof, federal damage rules, ...

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  As noted by Rob Natelson on July 29, 2012, "Under Title 1 of H.R. 5 (the so-called HEALTH ACT), Congress would assume expansive authority over state court procedures. The bill requires state judges and juries to adopt federal standards of proof, federal damage rules, ..." (/url?q=http://tenthamendmentcenter.com/2012/07/29/obamacare-decision-suggests-u-s-malpractice-bill-unconstitutional/&sa=U&ei=1YMVUJXqN4Hm9ATs04CwCA&ved=0CCYQmAEwAg&usg=AFQjCNFvHe7WJYvvx2259ul6fPugNcA2wg)
• Supremes' “Obamacare” Case Dooms Federal Malpractice Legislation - July 27, 2012 by Independence Institute - Under Title 1 of H.R. 5 (the so-called HEALTH ACT), Congress would assume expansive authority over state court procedures. The bill requires state judges and juries to adopt federal standards of proof, federal damage rules, ...

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  As noted by Independence Institute on July 27, 2012, "Under Title 1 of H.R. 5 (the so-called HEALTH ACT), Congress would assume expansive authority over state court procedures. The bill requires state judges and juries to adopt federal standards of proof, federal damage rules, ..." (/url?q=http://constitution.i2i.org/2012/07/27/supremes-obamacare-case-dooms-federal-malpractice-legislation/&sa=U&ei=tLISUL-lC4rOqAGiq4HIDg&ved=0CDEQmAEwBA&usg=AFQjCNGcwT9PX4DyDxVEX5sXV69bwdVCNw)
• Justice Watch: New Report Questions Republican Support for ... - July 12, 2012 by Alliance for Justice - For instance, the misleadingly named “Help, Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011” (or HR 5, one of the first bills considered by the current Congress) capped awards for medical ...

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  As noted by Alliance for Justice on July 12, 2012, "For instance, the misleadingly named “Help, Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011” (or HR 5, one of the first bills considered by the current Congress) capped awards for medical ..." (/url?q=http://afjjusticewatch.blogspot.com/2012/07/new-report-questions-republican-support.html&sa=U&ei=Ia8AUK_xAsmQ2QWpn930CQ&ved=0CDsQmAEwBg&usg=AFQjCNG1DL2PeRwqk6KhVdjJAP0aQK5MZw)

Highly Rated News Articles

• Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional - July 29, 2012 by Tenth Amendment Center - Yet the current U.S. House of Representatives—led by some who otherwise assail federal overreaching—have twice passed H.R. 5, a bill that would largely transfer control over medical malpractice lawsuits to the federal government.

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  As noted by Tenth Amendment Center on July 29, 2012, "Yet the current U.S. House of Representatives—led by some who otherwise assail federal overreaching—have twice passed H.R. 5, a bill that would largely transfer control over medical malpractice lawsuits to the federal government." (http://tenthamendmentcenter.com/2012/07/29/obamacare-decision-suggests-u-s-malpractice-bill-unconstitutional/)
• letter to the editor - July 20, 2012 by Chicago Sun-Times - (H.R. 5) Repeal the Independent Payment Advisory Board. This an unelected, unaccountable panel of bureaucrats in charge of making health care decisions will ultimately lead to the denial of care for seniors. (H.R. 452) Allow tax deductions for preventive .

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  As noted by Chicago Sun-Times on July 20, 2012, "(H.R. 5) Repeal the Independent Payment Advisory Board. This an unelected, unaccountable panel of bureaucrats in charge of making health care decisions will ultimately lead to the denial of care for seniors. (H.R. 452) Allow tax deductions for preventive ." (http://beaconnews.suntimes.com/opinions/letters/13833728-474/letter-to-the-editor.html)
• Rehberg, GOP do have own proposals for health reform [Independent Record, Helena, Mont.] - July 16, 2012 by Insurance News Net - "the 'replace' is putting the puzzle back together." The GOP House voted in March to pass HR5, which would impose a national limit of $250,000 on "non-economic damages" in medical-malpractice lawsuits. HR5 also would severely restrict punitive damages and

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  As noted by Insurance News Net on July 16, 2012, ""the 'replace' is putting the puzzle back together." The GOP House voted in March to pass HR5, which would impose a national limit of $250,000 on "non-economic damages" in medical-malpractice lawsuits. HR5 also would severely restrict punitive damages and " (http://insurancenewsnet.com/article.aspx?id=350634&type=newswires)