My amendment to H.R. 5 simply requires the Secretary of Health and Human Services to submit a report to Congress detailing the effect that the tort reform provisions in this bill would have on health care premiums and delays the effective date of title I of the bill until that report is submitted. For years, proponents of tort reform have tried to convince Americans that skyrocketing health care costs are entirely attributable to greedy plaintiffs and runaway jury awards. They recite anecdotes about doctors closing their practices, refusing to deliver babies or perform surgeries, for fear of being sued. But, Madam Chair, we should not be making Federal policy based on anecdotes. If recent independent research is any indication, the report that the Secretary submits to Congress under this amendment is unlikely to find that the bill will have any meaningful effect on health care premiums. Recent analysis in States adopting restrictions similar to those in this bill has found no substantial impact on the consumer cost of health care, nor has access to health providers improved as a result. Proponents of tort reform claim that capping damages will drive down the cost of medical malpractice insurance and that doctors will pass this savings along to patients. But 2 years ago, CBO found that malpractice insurance premiums, settlements, and awards account for just a tiny fraction of total health care expenditures.…
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