The following amendments were offered:
An amendment in the nature of a substitute
by Mr. Greenwood, #1, was adopted, amended,
by a voice vote.
An amendment by Mr. Waxman,
#1A, re: to strike section 7(c), which would bar punitive
damages against a manufacturer or distributor of a medical product which has received
pre-market approval from the FDA; would bar any product liability claim against a health
care provider who prescribes an FDA-approved drug or device; and would bar punitive
damages against manufacturers or sellers of drugs require to have tamper-resistant
pacagaing unless the packaging or labeling is found by clean and convincing evidence to be
"substantially out of compliance" with regulations, was defeated by
a yea-nay vote: 22-27;
An amendment by Mr. Green,
#1B, re: to strike all after the enacting clause, thus striking
federal restrictions on the states' abilities to protect patients injured by doctors,
hospitals, HMOs, drug manufacturers, and device companies and replacing it with a Sense of
the Congress that Congress should not interfere with states' prerogative to protect the
health and welfare of their citizens, was defeated by a yea-nay vote:
21-23;
An amendment by Ms. DeGette,
#1C, re: to eliminate the $250,000 cap on non-economic damages for
all claims against negligent hospital and doctors, drug and medical device manufacturers,
nursing homes, HMOs, and other insurers, was defeated by a yea-nay vote:
19-33;
An amendment by Mr. Markey,
#1D, re: to direct insurers to use any savings received as a result of
H.R. 4600 to reduce the premiums they charge their health care providers. If, within
two years of enactment, an insurer is not realizing cost savings, then the provisions of
H.R. 4600 relating to liability lawsuits and liability claims do not apply to any lawsuits
and claims against providers insured by that insurance company, was defeated
by a yea-nay vote: 18-31;
An amendment by Ms. Eshoo,
#1E, re: to clarify the definitions in the bill to ensure that the
non-economic caps apply only to medical malpractice cases, was defeated
by a yea-nay vote: 21-29;
An amendment by Mr. Norwood,
#1F, re: Sense of Congress that a health insurer should be liable for
damages for harm caused when it makes a decision as to what care is mediclaly necessary
and appropriate, was adopted by a voice vote;
An amendment by Mr. Brown,
#1G, re: Sense of Congress that tort reform is not the sole factor
influencing medical malpractice insurance rates, was defeated by a voice
vote;
An amendment by Ms. Eshoo,
#1H, re: to strike the limitations on punitive damages (section 7(b)),
was defeated by a yea-nay vote: 20-29;
An amendment by Mr. Stupak,
#1I, re: the statute of limitations on the filing of a health care
lawsuit, was defeated by a yea-nay vote: 21-28;
An amendment by Mr. Doyle,
#1J, re: setting the cap on non-economic damages at $1.5 million, and
ensuring that the cap is continually adjusted for inflation, was defeated
by a voice vote;
An amendment by Mr. Stupak,
#1K, re: applying the antitrust laws of the United States to health care
liability insurance companies, was withdrawn by unanimous consent;
An amendment by Mr. Pallone,
#1L, re: creating a national reinsurance program for medical malpractice
(reinsuring all claims in excess of $250,000), was defeated by a voice
vote;
An amendment by Mr. Shadegg,
#1M, re: physicians and hospitals covered by Federal Tort Claims Act when
taking actions required by Emergency Medical Treatment and Active Labor Act, was withdrawn
by unanimous consent;
An amendment by Mr. Shadegg,
#1N, re: 'loser pays' rule for attorney fees and costs, was withdrawn
by unanimous consent.
