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Recent Research Findings 1 (December 10, 2009)

handle is hein.congrec/cbo1081 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE                                     Douglas W, Elmendorf, Director
U.S. Congress
Washington, DC 20515
December 10, 2009
Honorable John D. Rockefeller IV
United States Senate
Washington, DC 20510
Dear Senator:
This letter responds to questions you posed about the Congressional Budget
Office's (CBO's) recent analysis of the budgetary effects of proposals to limit
costs related to medical malpractice (tort reform), as described in a letter to
Senator Hatch.' In particular, this letter addresses your questions about how
recent empirical studies affected CBO's analysis, why CBO's latest estimates of
the budgetary effects of tort reform are larger than the agency's previous
estimates, and whether tort reform would have a negative impact on patients'
health.
In the letter to Senator Hatch, CBO concluded that tort reform would lower costs
for health care both directly, by reducing medical malpractice costs, and
indirectly, by reducing the use of health care services through changes in the
practice patterns of providers; the agency estimated that enacting a package of
proposals outlined in that letter would reduce federal budget deficits by about
$54 billion during the 2010-2019 period. Previously, the agency had found that
tort reform would lower health care costs only by reducing medical malpractice
costs, and it had estimated significantly smaller effects of tort reform on the
federal budget. In the letter to Senator Hatch, CBO noted that imposing limits on
suits for damages resulting from negligent health care might have a negative
impact on health outcomes but concluded that the evidence is less clear about the
effects of tort reform on health outcomes than it is about the effects on health care
costs.
Recent Research Findings
CBO's latest assessment of the effects of tort reform on spending for health care
draws on a considerable amount of analysis that the agency has undertaken during
the past several years and a stream of recent research studies that have used a
1 Congressional Budget Office, lecter (o (bhe ! ioorable Orrin G. 1 iatch regarding effects of
irpiosals (o Fiit co ( related to medical malpractice (October 9, 2009).

www.cbo.gov

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