Video archive of the US Congress

House Proceeding 02-24-10 on Feb 24th, 2010 :: 1:27:10 to 1:34:25
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Lamar S. Smith

1:27:07 to 1:27:27( Edit History Discussion )

Lamar S. Smith: antitrust exemption and put the american people first. and with that, madam speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the ntleman from texas is recognized. mr. smith: madam speaker, i'll yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. smith: madam speaker, president obama's own doctor of

Lamar S. Smith

1:27:10 to 1:34:25( Edit History Discussion )
Speech By: Lamar S. Smith

Lamar S. Smith

1:27:28 to 1:27:48( Edit History Discussion )

Lamar S. Smith: over two decades also supports medical tort reform. david shiner was mr. obama's doctor from 1987 until he entered the white house. he vouched for the then candidate's excellent health in a letter last year. as recently reported in "forbes" magazine, dr. schneider worries whether the health care legislation

Lamar S. Smith

1:27:49 to 1:28:09( Edit History Discussion )

Lamar S. Smith: currently making its way through congress will actually do any good. particularly for doctors like himself who practice general medicine. quote, i am not sure if president obama really understands what we face in primary care, end quote, dr. schneider says.

Lamar S. Smith

1:28:10 to 1:28:31( Edit History Discussion )

Lamar S. Smith: in claiming the world over for the pioneering surgeries he has and has approached his story of overcoming hardship, recently severely criticized the health care legislation before congress. benjamin carson, director of peed at rick neuro -- pediatric neurosurgery, recipient of many awards, including the

Lamar S. Smith

1:28:32 to 1:28:52( Edit History Discussion )

Lamar S. Smith: presidential medal of freedom, criticized in a recent interview the current bill's lack of malpractice liability reform. he pointed to excessive litigation, pointing out how much malpractice insurance and other forms of defensive medicine to protect against lawsuits add to medical costs. in the interview, carson

Lamar S. Smith

1:28:53 to 1:29:13( Edit History Discussion )

Lamar S. Smith: suggested that tort reform must go hand in hand as part of any true health care reform. quote, we he to bring a rational approach to medical litigation, he said. we're the only nation in the world that really has this problem. why is it that everybody else habeen able to solve this problem but us?

Lamar S. Smith

1:29:14 to 1:29:34( Edit History Discussion )

Lamar S. Smith: simple. special interest groups like the trial lawyers association, they don't want solution, end quote. . the president points to for-profit insurance companies. but for-profit insurance

Lamar S. Smith

1:29:35 to 1:29:55( Edit History Discussion )

Lamar S. Smith: companies only make up 25% of the system and they are not that profitable. ranking 85th among all u.s. industries. reform will redistribute the money not reduce the overall cost. there is much that can be done to make our system more efficient. tort reform is a great place to start, end quote.

Lamar S. Smith

1:29:56 to 1:30:17( Edit History Discussion )

Lamar S. Smith: even prominent democrat strategist has conced medical tort lee form is essentially -- tort reform is resentence, recently writing that c.b.o. has concluded, quote, a number of the studies found that state level tort reforms have decreased the number of lawsuits filed. nor the valu of claims and damage rewards.

Lamar S. Smith

1:30:18 to 1:30:38( Edit History Discussion )

Lamar S. Smith: thereby reducing general insurance premiums. indeed premiums fell by 40% for some commercial policies. fr a c.b.o. report in june of 2004, one fact remains between 1997 and 2007, medical tort cost including insurance premiums have viss risen from

Lamar S. Smith

1:30:39 to 1:31:00( Edit History Discussion )

Lamar S. Smith: $15 billion to $13 billion a year. that fact alone should ensure that yearly savings in the billions from medical tort reform would pass the credibility test, end quote. as written in the "wall street journal," quote, tort reform is a policy no-brainer. experts on left and right agree defensive medicine will bring

Lamar S. Smith

1:31:01 to 1:31:22( Edit History Discussion )

Lamar S. Smith: testing procedures so as to protect joe as the health cost. the estimated dollar benefits of reform ran from a conservative $65 billion a year to perhaps $200 billion a year. in context, mr. obama's plan would cost about100 billion annually. the president won't embrace even modest change that would

Lamar S. Smith

1:31:23 to 1:31:43( Edit History Discussion )

Lamar S. Smith: do so much, so quickly, to lower cost have let the -- left the american suspicious of his real ambitions. it's also a political no-brainer. americans are onboard. polls routinely show between 70% and 80% of americs believe the country suffers from excess litigation. the entire health community is

Lamar S. Smith

1:31:44 to 1:32:04( Edit History Discussion )

Lamar S. Smith: onboard. republican says democrats are onboard. state and local governments which have struggled to clean up their own civil justice systems are also onboard, end quote. republican-sponsored legislation would make federal law the legal reforms california implemented over 30 years ago.

Lamar S. Smith

1:32:05 to 1:32:27( Edit History Discussion )

Lamar S. Smith: that legislation called the health act remains the gold standard for health care legal reform and it contins to be supported by every major medical association. the health act does not limit in any way an award of economic damages and anyone responsible for harm. economic damages include anything whose value can be

Lamar S. Smith

1:32:28 to 1:32:49( Edit History Discussion )

Lamar S. Smith: quantified including lost wages, including services provided by stay-at-home mothers, therapy, and lifetime rehabilitation care, and anything else for which a receipt can be attached. only economic damages which the federal legislation does not limit can be used to pay for drugs and service it is actually reduce pain.

Lamar S. Smith

1:32:50 to 1:33:11( Edit History Discussion )

Lamar S. Smith: so nothing in the health act prevents jury from awding very large amounts to victims of medical malpractice. including stay at home mothers and children. california's reforms just like the health act capped noneconomic damages at $250,000 but do not cap quantifiable economic damages. the administration health care

Lamar S. Smith

1:33:12 to 1:33:32( Edit History Discussion )

Lamar S. Smith: bill not only fails to contain any of the tort reforms the c.b.o. concluded would save at least $54 billion in health care cost, but it also contains a provision that actually deter states from enacting such reform in the future by explicitly prohibiting tort re form project funds to enact

Lamar S. Smith

1:33:33 to 1:33:53( Edit History Discussion )

Lamar S. Smith: limits on damages oattorneys fees. one section of the bill states that, quote, the secretary of h.s. should make an incentive payment to each state that has an alternative medical liability law in compliance with this section, end quote. then it goes on to say if the state can take advantage of such funds, only if it does not limit attorney fees or impose

Lamar S. Smith

1:33:54 to 1:34:15( Edit History Discussion )

Lamar S. Smith: caps on damages, end ote. which are precisely the tort reforms c.b.o. concluded yield health care cost savings. mr. speaker, so not only does the administration's fail to contain the end of the tort reforms know which health care costs down from decades of experience, it even prohibits states that want to try such reforms from taking part in the

Lamar S. Smith

1:34:16 to 1:34:26( Edit History Discussion )

Lamar S. Smith: government funded tort reform demonstration projects. this is not only--it is a federally funded bribe discouraging states from enacting real reform.

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