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H.R. 1215, Protecting Access to Care Act of 2017 1 (March 22, 2017)

handle is hein.congrec/cbo3403 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                              COST ESTIMATE

                                                                    March 22, 2017



                                   H.R.   1215
                    Protecting   Access  to Care  Act of 2017

             As ordered reported by the House Committee on the Judiciary
                               on February 28, 2017


SUMMARY

H.R. 1215 would impose limits on medical malpractice litigation in state and federal courts
by capping awards and attorney fees, modifying the statute of limitations, and eliminating
joint and several liability.

CBO  expects that enacting H.R. 1215 would, on balance, lower costs for health care both
directly and indirectly: directly, by lowering premiums for medical liability insurance; and
indirectly, by reducing the use of health care services prescribed by providers when faced
with less pressure from potential malpractice suits. Those reductions in costs would, in
turn, lead to lower spending in federal health programs and to lower premiums for private
health insurance.

In total, CBO and the staff of the Joint Committee on Taxation (JCT) estimate that enacting
the legislation would reduce deficits by about $14 billion over the 2017-2022 period, and
almost $50 billion over the 2017-2027 period. Off-budget revenues account for about
$2 billion of that reduction. CBO estimates that implementing the legislation would reduce
discretionary costs by about $1.5 billion over the 2017-2027 period, assuming
appropriations actions consistent with the legislation.

CBO  estimates that enacting the legislation would not increase net direct spending or
on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

H.R. 1215 would preempt  state laws governing health care lawsuits in the areas of statutes
of limitation, joint and several liability, product liability, and contingency fees. Those
preemptions would be intergovernmental mandates as defined in the Unfunded Mandates
Reform  Act (UMRA).  The bill also would require courts (including state courts) to direct
periodic payments of damages in some circumstances. CBO estimates that the costs of
complying  with those mandates would be insignificant and well below the threshold
established in UMRA  ($78 million in 2017, as adjusted for inflation).

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