An Eminently Sensible Idea on Liability Coverage

Some ideas on Capitol Hill make so much sense that you can’t help but wonder why they haven’t become law already.

But, then again, tort reform has proven many times to be the legislative swamp where good ideas go to die.

This week, the House Energy and Commerce Committee passed a measure that would have the federal government provide medical liability coverage to physicians who volunteer their time at free clinics or community health centers.  Current law, the Federal Tort Claims Act, provides malpractice coverage to community health center employees, but not to volunteering physicians.  

When doctors have to pay their own extensive liability coverage for doing a good deed and bringing their services to a community health center, it’s no wonder that many can’t afford to do so.

The bipartisan authors of the Family Health Care Accessibility Act that won House Energy and Commerce passage, Representatives Gene Green (D-TX) and Tim Murphy (R-PA), say extending liability protections would let physicians provide coverage to 20 million Americans, 70 percent of them below the poverty line.

Legislation like this is particularly important when you consider that the number of people receiving care from community health centers is expected to double to 40 million by 2015.

This bill has been introduced twice in the last two years and failed to make it to the finish line both times.  In 2008, it was cut from a community health center reauthorization bill in conference committee.  Last year, it was incorporated into the House’s version of health reform legislation but not the Senate’s, and it was the Senate bill that went to the President this spring.

Anytime you get into tort reform issues, it becomes a sticky, sensitive political matter.  On this legislation, though, it’s hard to make an argument that the medical liability status quo should stay intact if it means denying care to some of America’s most vulnerable citizens.