April 10, 2015

Moves to Expand Social Security Benefits Gain Traction in the Senate

SGR Bill Disallows Federal Health Standards to be used in Malpractice Cases

The recently passed House bill replacing the Medicare “Sustainable Growth Rate” includes provisions that provide doctors with stricter protections against malpractice lawsuits. These provisions, which went largely unnoticed before passage, disallow the quality-of-care standards used by Medicare, Medicaid, and the Affordable Care Act to be used in these malpractice cases.

Tom Baker, a professor and an expert on insurance law at the University of Pennsylvania, said the provision of the bill barring lawsuits based on federal guidelines “does not make any sense.”

“Why wouldn’t you want to take these guidelines into consideration?” Mr. Baker asked. “They indicate what a reasonable doctor does and should do.”

“This is another attempt by the House majority to weaken the Affordable Care Act,” said Ruben Burks, Secretary-Treasurer of the Alliance. “We will work to try to amend this language in the Senate bill.” More at: http://tinyurl.com/leot3jw.


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Topics: Affordable Care Act

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