Jane Harman: “I support California's MICRA, but H.R. 5 is not MICRA and I rise with some reluctance to oppose it. As the daughter and…”

“I support California's MICRA, but H.R. 5 is not MICRA and I rise with some reluctance to oppose it. As the daughter and sister of medical doctors, I understand better than most the chilling effect unlimited medical liability awards have on the practice of medicine. Indeed, my father, who had a practice in Culver City, California, retired from practicing medicine in the mid-1970s because of the alarming increase in premiums. Only after his retirement did California enact its Medical Injury Compensation Reform Act--or MICRA. MICRA is an experiment in limiting non-economic and punitive medical liability damage awards--and it has succeeded. For medical doctors, MICRA has provided stability in insurance premiums. For patients, it reduced meritless claims and accelerated the time in which settlements can be reached. I strongly support MICRA, although before extending it to the entire nation, I would proposed adjusting the $250,000 cap on punitive and non-economic awards, first enacted in 1975, to reflect its current value. Though H.R. 5 adopts the structure of MICRA, it is weighted down by dubious procedural and substantive roadblocks for a variety of causes of action against HMO's, nursing homes, and insurance companies--areas where the California legislature has enacted significant protections for patients. California's medical professionals oppose the inclusion of these provisions under H.R. 5's MICRA-like caps and procedures.”