Thursday, September 15, 2011

HEALTH Act (Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2011), National Tort Reform

The HEALTH Act is in essence National Tort Reform or Medical Liability Reform that is based on liability reforms adopted by Texas and California.  It places caps of $250,000 on non-economic damages (pain and suffering) and caps punitive damages at $250,000 or twice the amount of economic damages.  The provision also considers each party’s liability in direct portion to responsibility, limits attorney contingency fees, and sets the statute of limitations at 3 years after the date of injury manifestation or 1 year after the injury is discovered.
The bill was sponsored by Rep. Phil Gingrey, MD (R, Ga.). Two House committees have approved the bill, up next is a vote by the full House.  However, President Obama has said he will not approve capping damage awards.

More information can be found here:


  1. I am in support of this bill and am glad that it is making it way up the ladder. it will cut premium cost for single people or 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. It will greatly improve patient access to medical care by reducing the excessive burden the liability system places on the health care system, I believe it will improve the cost-effectiveness of our current health care. This bill help will many families who are suffering because they cannot afford the cost of health care or are struggling to make the payments to care giver when they do not have health care.

    1. Help lower the premiums of Health care

    2. Statue of Limitations

    3. conditions for lawsuits arising from health care liability claims regarding health care goods or services

    4. put a cap on out of pocket payments

  2. I don't feel as though this entire bill is the best way to go. I do agree that people that sue due to health care injuries and survive from the injuries should have a cap on damages that are awarded. This should be based off of how badly injured they were and how this may have effected their livelihood.
    However, I do not feel as though there should be a cap on any health care suits that resulted in someone's death. As a person, would you be able to put a price on your family member's life?

  3. I do not support this bill because it is putting a cap on damages a person can receive. There shouldnt be a cap because there are situations where $250,000 isnt going to cut it. Every situation is different and the amount of money awarded should be based off how badly the person is injured. I do however support the statute of limitations being set at 3 years, it is a fair amount of time for an injured person to file a suit.